ARREST WARRANT APPLICATION

J)-CR-64b
Rev. &10 C,G.S. g 54-2a Pr. Bk..Sec. 36-1, 3s'2. 36-3 Case number

STATE OF CONNECTICUT SUPERIOR COURT

www.jud.ct.gov

For Court Use Only

I ves I-l

Supporting Affidavits sealed

r,ro

12-00143241
Name

Gonnecticut State Police

Geographicd Area number

Ramirez, Eric, H. DOB 08/20/1992

Application For Arrest lfilarrant

To: A Judge of the Superior Court The undersigned hereby applies for a wanant for the anest of the above-named accused on the basis of the facts set forth in the: Affidavit slAttached.

Dale

q-

Type/prlr'l name

d prosecrjting

Affidavit
The undersigned afflant, being duly sworn, deposes and says: That the Affiant, Sergeant William H. Telford III is a regular sworn member of the Department of Public Safety, Division of State Police and has been a member of said department since September of 1987. That Affiant Telford is presently assigned as supervisor of the Collision Analysis and Reconstruction Squad. The Affiant has received advanced training in motor vehicle collision investigation and has investigated and supervised the investigation of numerous serious injury and fatal motor vehicle collisions. That the affiant has personal knowledge of the facts and circumstances here in after related as a result of his own investigative efforts ps well as information related from brother troopers/oificers acting in their official capacities. That on March 10, 2012 at approximately 0015 hours, the Affiant was contact by the State Police Message Center and requested to have the Collision Analysis and Reconstruction Squad respond to Rte 67 in Oxford for a one car falal collision that may have been involved a prior police pursuit. Rte 67 is olassified by DOT as a East/West roadway, however sections of the roadway run North/South and thprefore some of the police reports refer to traveling West while others refer to North. The directions North and West should bp considered traveling in the same direction from Seymour into Oxford for the

pupose of this investigation.

That upon arrival this Affiant met with Sgt. Robert Boroski #l l l the Troop A shift supervisor who was supervising the collision scene. He advised me the collision involved one vehicle with three occupants that traveled offthe roadway, struck a commercial building and came to rest upside down with the occupants trapped underneath. He said the driver and fiont seat passenger were seriously injured and the back seat passenger was deceased. He also said at some time prior to the collision, the vehicle was being pursued by Seymour Police, but it had not been determined whether the pursuit was active or had been terminated prior to the collision. That the operator, identified as Eric Ramirez, was pinned under the vehicle in the driver's seat. Once extricated, he was transported to Waterbury Hospital for treatment of his injuries. The right front seat passenger, identified as Dion Major was also pinned under the vehicle. Once extricated, he was also transported to Waterbury Hospital for treatment of his injuries. The rear seat passenger, identified as Brandon Giordano, was pronounced deceased at the scene at 0013 hours on 03110/12, by Paramedic Robin Fisher of valley Emergency Medical Service, Inc.
(This is page

of a 6 page Affidavit.)

lS Zut2
to

Hore

me on {Dafe,

Notary Public)

Finding
The foregoing Application for an arrest wanant, and affidavit(sfattacneO to said Application, having been submitted to and considered.by the undersigned. the undersigned finds from said affidavit(s) that th'ere is probable dause to believe that an offense has been committed and that the accused committed it and, th6refore, that piobable cause exists for the issuance of a wanant for the arrest of the above-named accused. On (Dale) Stgned (Judgel46ge ryl Referee) n ot .r,os"/Ju;!ft Date and "n* q-1 Signature

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ARREST WARRANT APPLICATION

JB.CR-O4a Rev. &10 C.G.S. S 54-2a Pr. Bk. Sec. 3&1. 36-2, 36-3 Name flast, First, Midde lnitial)

STATE OF CONNECTICUT SUPERIOR COURT

www.jud.ct.gov GemEDhial Area-number

Ramirez, Eric, H. DOB 08/20/1992

Affidavit - Continued
That Sgt. Robert Boroski spoke to Officer Renaldi of the Seymour Police Department who had been pursuing vehicle #1 and was the first officer to locate the crash. Officer Renaldi stated verbally that he attempted to stop the vehicle for an equipment violation. During Sgt. Boroski's interview of Officer Renaldi, he determined Officer Renaldi was on duty and in a marked Seymour police cruiser at the time of the attempted motor vehicle stop.
That at approximately 0048 hours, members of the Collision Analysis and Reconstruction Squad (C.A.R.S.) started to arrive on scene and started documenting the collision scene. Sgt. William Telfor4 the unit supervisor was assigned as the primary investigator. Trooper David Pereira #792 was assigned the duty of preparing a detailed diagram of the scene and subsequent reconstruction report. Trooper Anthony Cretella #1039 was assigned to document the scene through photography. Trooper Joseph Russo #449 and Trooper Cretella #1039 also assisted with documenting the scene. That the collision occurred in the area of 43 Old State Road 67 in Oxford, CT. This two lane roadway travels in a general north to south direction with a gradual left hand curvature as traveling northbound and is constructed of common bituminous asphalt. A solid single yellow line marking separates the north and southbound travel lanes. There was no artificial overhead illumination of ttre roadway in the area of the collision. An examination of the roadway surface found it to be in good condition free ofloose debris or defects that could have contributed to the collision That during the examination of the scone this affaint observed one vehicle at final rest. Vehicle #1 was a 2000 Ford Mustang Convertible, bearing Connectiout registration 233YGL registered to Eric H. Ramirez or Nadine Predzimirski of 3 Woods Road in Oxford. It was found at an uncontrolled final rest upside down adjacent to the front of a commercial building located at 43 Old State Road 67. That this affiant also observed the following physical evidence that was associated with this collision. This affiant observed a pre-impact single tire mark starting on the right edge of the northbound lane created by vehicle #1. This mark was approximately 21 feet long extending northeast and ended in the driveway entrance to the commercial building. This affiant observed post-impact marks, starting with the first point of impact, an area of disturbed grass/dirt located on the grass embankment adjacent to the drivpway entrance for 43 Old State Road 67. The area was approximately the width of front bumper/underca:riage area of vehiple #1. As a result of the speed at which the vehicle struck this embankment, it launched itselfand continued traveling in a northeast direction airborne . That the second point of impact was located on the front of the southwest side of the Precision Glass and Mirror Building (43 Old State Road 67) which was approximately 59 feet from the flrst point of impact. Vehicle #1 struck the building as it was in an airborne descent with the front end (nose) angled lower than the rear. The area of impact was the first floor window ledge. Upon the front end impapting the building, the momentum caused the rear of the vehicle to continue forward striking the second story of the building. The rear of the vehicle left distinct impact marks on the building while perpendicular (approximately 12 feet) from the ground and breaking the second story glass window. The vehicle then rotated and landed upside down (trapping the occupants) with the front end facing south. Vehicle debris consisting of the front grill headlights, and parts of the hood were located in the area of the lst floor window ledge. That at approximately 0400 hours, Vehicle #1 was towed from the scene by Quality Auto of Oxford on a standard flat-bed rvrecker (CT Wrecker Plate 9372). Vehicle #1, a2000 Ford Mustang Convertible, color Grey, CT Registration 233YGL, VIN: IFAFP444XW282978;was secured at Troop "A" Southbury by Tfc. Pfieffer #635.
(This is page 2 of a 6 page Affidavit.)

ARREST WARRANT APPLICATION

J&CR-&a
Rev. &10

C.G.S. S s4-2a Pr. Bk. Sec. 36-1, 35-2, 36-3 Name (Lasf, First

STATE OF CONNECTICUT SUPERIOR COURT

www.jud.ct,gov
Geographical

Ramirez, Eric, H. DOB 08/20/1992

Arm

ntrminr 5

Affidavit - Continued
That at approximately 0200 hours, Tfc. Keane #401 of Troop A in Southbury was assigned to interview and obtain a swom written statement from Dion Major, the right front seat passenger, who was receiving treatment at Waterbury Hospital for non-life threatening injuries suffered in the motor vehicle accident. That Dion Major's mother, Kara Wilk 1vas present and gave permission for her son to be interviewed and witnessed his

swomstatement. DionMajorprovidedthe followingwrittenstatement; OnFridayNight,March09,20l2ataboutll:30 PM, my friend Eric Ramirez was driving his Ford Mustang convertible with the top down. I was seated in the right front passenger seat and our friend, Brandon Giordano was in the back seat. We had gone to New Haven to get Chinese food take out at Rung Fao and then went to the New Haven Yacht Club to eat. After we ate, Eric drove us back toward Oxford, when a police officer tried to pull us over. The police officer put on the emergency lights and siren when we were near Ocean State Job Lot and CVS. I think the police officer was trying to stop Eric because he has LED lights under the car and was probably speeding. Eric accelerated fast and I told him to slow down and stop. Eric didn't respond, passed cars driving in the same direction on the wrong side of the road and had to swerve back into the lane to avoid hitting cars head on. I would estimate Eric was driving between 70-80 MPH. Eric tumed onto another street hit a ditch, lost conhol and rolled over the car. I unbuckled my seatbelt first and reached over to unbuckle Eric. Brandon Giordano was in the back and may have been laying down sleeping. I do not know if he was wearing a seatbelt. Brandon was quiet and did not make any noise. At no time did any of us drink any alcoholic beverages or use any drugs.
That on March 12,2012 a postmortem examination was conducted at the Office of the Chief Medical Examiner on Brandon Giordano, by Dr. Susan S. Williams M.D., Associate Medical Examiner. The cause of death was identified as Blunt Head Injury and the Manner was classified as Accident.

That on March 13, 2012, TFC. David Pereira #792 conducted a canvass of stores along the pursuit route on Rte 67. TFC. Pereira met with Richard Ragozzine the Manager of the Double R Mobil Station located at I Oxford Road in Oxford. TFC. Pereira reviewed the store video and discovered camera #10, an exterior security cameras which faces Rte 67 recorded some footage of the pursuit. He reviewed the video and observed that the date and time of the video did not correspond with the date and time of the pursuit. After speaking with Mr. Ragozzine about the discrepancy, it was determined the date and time were off by one hour because the time on the security system had not been changed to reflect the recent change to day light savings time. The video showed at approximately 00:34:06 hours; vehicle #1 traveling West on Rte 67 at a high rate of speed (with lights on) and then shortly after a Seymour Police cruiser is also seen traveling north on Rte 67 with its emergency lights activated (no sound). A short time later a second Seymour Police cruiser with its emergency lights activated is observed turning on to Rte 67 West from Mountain Road. A minute or so later a third Seymour Police cruise is observed pulling into the Mobil station and parking. A minute or so later the third cruiser activates its emergency lights and pulls out Westbound on Rte 67.

That on March 13,2012, TFC. David Pereira #792 and TFC. Joseph Russo #449 conducted a mechanical inspection of vehicle #1 which was stored at Troop A in Southbury. Vehicle #1 sustained extensive damage to the front end, front fenders, rear quarter panels and trunk lid. The passenger door was removed from the vehicle by responding emergency personnel at the scene of the collision. The "A" pillars that supported the windshield were bent down into the passenger
compartment, consistent with a vehicle that had landed upside down. The vehicle was equipped with an aftermarket neon undercarriage light kit, consisting of two 36" light tubes mounted under the left and right rocker panels. The control box for
(This is page 3 of a 6 page Affrdavit.)

Subscribed and $n6m lgbefore me on {Date)

ARREST WARRANT APPLICATION

JGCR-64a Bev. S10
c.G"S. $ 54-2a Pr. Bk: See. 3&1, 3&2, 3e3
,

STATE OF CONNECTICUT SUPERIOR COURT

www.jud.ct.gov
Geographical Area number

fulidde lnitial)

Ramirez, Eric, H. DOB 08/20/1992

Affidavit - Continued
the kit was mounted inside the vehicle on the left side of the transmission tunnel accessible to the operator of the vehicle. The vehicle also had a neon marker plate cover mounted to the rear plate of the vehicle. The seatbelts were examined and found to have been worn by the operator and passengers at the time of the collision. TFC. Pereira found nothing to indicate mechanical failure contributed to this collision.

That on March 14, 2012, this affiant met Cindy Lopes, Forensic Examiner, from the Forensic Science Labcratory, at Double R Mobil in Oxford to have the pursuit video recorded by the store security camera downloaded and secured for reproduction by the Forensic Laboratory. We reviewed the video and identified where the download should start and where it should end. Ms. Lopes then downloaded the video to a portable memory stick and transported it to forensic laboratory where it was transferred to a CD.
That on March 14,2012, this affiant met with Lt. Paul Satkowski of the Seymour Police Department. At that time the Affiant obtained two police reports, one by Officer Renaldi #33A and one by Officer Jasmin #348. T\e Affiant also obtained one CD containing radio transmissions and one CD of photographs taken at the scene by Officer Michael Jasmin

#348.
That this affiant conducted a review of the radio transmissions made by Offrcer Renaldi and other Seymour officers starting on March 9,20L2 at approximately 23:48 hours, according to the Export call spread sheet contained within the CD. A review of the CD found that approximatBly 1:55 seconds transpired from the start of the pursuit to the discovery of the crash site by Officer Renaldi. That a review of Officer Renaldi's report revealed that on March 9,2012 at about 2348 hours he was traveling Eastbound on Rte 67 near the intersection of Woodsidp Avenue in Seymour. He stated he observed a silver Ford Mustang convertible traveling westbound on Rte 67 approac,hing his vehicle. The vehicle had multi-colored (green, blue, etc.) lights flashing around the bottom of the vehicle. He stated he was unable to obtain the registration plate or description of the occupants as the vehicle passed him. He performed a U-turn at the intersection of Klarides Village to follow the vehicle. He said the vehicle continued westbound on Rte 67 and was several hundred feet in front of his vehicle. He then saw the Mustang pass another westbound vehicle near the intersection of Mountain Road. He activated his emergency lights and siren to pass the other vehicle safely and conduct a motor vehicle stop. The vehicle accelerated and he radioed Seymour Police dispatch that he was attempting to catch up to a silver Ford Mustang on Rte 67 heading into Oxford. He said the vehicle was several hundred feet ahead of him. As the vehicle approached West Street in Oxford, about 1.1 miles from initial contact, it passed another westbound vehicle by traveling in the non-travel portion of the roadway that divides the westbound lane from the two eastbound lanes. As Officer Renal{i passed West Street, he stated he could see the vehicle in the distance. The vehicle "blacked out" or turned off its lights, about 1.4 miles from initial contact. He said due to the extreme dangers of the vehicle traveling without headlamps, he radio dispatch that he had passed Tommy K's Plaza and terminated the attempted motor vehicle stop. He said he deactivated his emergency lights and siren and decreased his speed. He said as he passed Chestnut Tree Hill Road, he could see heavy brake lights in the distance nearBrookside Restaurant. He said he suspected the vehicle had pulled to the shoulder and decided to stop. He activated his emergency lights and siren and as he approached Old State Road and Rte 67, he saw headlights at the intersection facing his direction. He said he suspected the vehicle had spun out but realized it was a Connecticut State Police vehicle. He said he deactivated his emergency lights and siren. Officer Renaldi stated Trooper Pfeiffer exited his vehicle and asked something to the effect of "What was that" in reference to the Ford Mustang that had just passed him at the intersection. Offrcer Renaldi explained to the trooper that he was attempting
(This is page

1af a 6 page Affidavit.)

ARREST WARRANT APPLICATION

JD-CR-64a Rev.8-10

c.G.s. s
Pr. Bk.

Str.

*2a

36-1, 35-2, 36-3

STATE OF CONNECTICUT SUPERIOR COURT

wwl r.iud.ct.gov
Geographicd Area number

Name (Lasf First, Midde hi6al)

Ramirez, Eric, H. DOB 08/20/1992

Affidavit - Continued
to catch up to a silver Ford Mustang. Officer Renaldi stated without discussion, the trooper turned westbound on Rte 67 and he went up Old State Road, which leads back to Rte 67. He said he continued to the other end of Old State Road and met up with Trooper Pfeiffer again without locating the vehicle. Officer Renaldi then turned around and back tracked on Old State Road in attempted to locate the vehicle. He located the vehicle upside down in front of a brick building with the lights not illuminated. He said he radioed dispatch and requested EMS for ambulance and hre. He then checked on the condition of the occupants and attempted to provide assistance. Trooper Pfeiffer arrived shortly thereafter to also provide
assistance.

That on March 20, 2012, at about 1315 hours the affiant interviewed Operator #1 (Ramirez). He provided a written
statement to me at his father residence located at 160 Mohegan Road in HuntingtorL CT. The interview was conducted with the consent of his parents and in the presence of his mother Nadine Predzimirski, his father Mark Ramirez, his matemal grandmother Theresa Predzimirski and his patemal grandmother Mary Ann LeBlanc. He and his mother also signed two Authorization to Disclose Health Information forms (DPS-198-C), one for Waterbury Hospital and one for Yale New Haven Hospital. Ramirez stated he didn't really recall what he did the night of the crash, but indicated what he usually does when he goes out with friends for Chinese food and to play pool at the Pequonnock Yacht Club. He stated he had no recollection of the drive home or his encounter with the police.

That a review of Eric Ramirez's medical records revealed he was initially treated at Waterbury Hospital as a trauma patient for serious injuries to his head, neck and back sustained in a motor vehicle collision. A review of his laboratory results for blood taken on March 10,2012 at 0057 hours during the normal course of fieatment, revealed his ETHANOL level as <10 mg/dL and negative for the presence of drugs. He was later transferred to a level I facility (Yale New Haven Hospital) for appropriate level of care of his injuries. A conversion of Ramirez's ethanol level was performed by Principal Chemist Mark

Anderson, of the D.E.S.P.P. Toxicology Laboratory and determined

0.0009/100m1.

it to be a '\ryhole blood" alcohol concentration of

That an Authorization to Disclose Health Information form was signed by Kara Wilk, mother of Dion Major. A review of Dion Major's medical records obtained from Waterbury Hospital revealed that after numerous tests and eyaluations, that he did not sustain arry apparent injury and lvas released from the hospital.

That on March 29,2012, TFC. Dave Pereira and the Affiant obtained a written statement from Steven Landi while at his home. Mr. Landi stated he is the General Manager at The Golf Club at Oxford Greens in Oxford, CT. On March9,20l2 about2330 hours he was traveling on Rte 67 in Oxford on his way to the Naugatuck Valley Savings and Loan in Seymour

to make his night deposit. Mr. Landi stated while traveling on Rte 67 he observed a vehicle coming in the opposite direction with no headlights on. He said he flashed his headlights to advise the other driver his headlights were off. The vehicle continued traveling toward him without its headlights on and as it got closer he realizedthe vehicle was absolutely flying. The vehicle was kind of riding the yellow center line so he moved to the right. Mr. Landi stated he noticed flashing lights firrther back and he realized they were police lights. He said as the vehicle passed he was traveling through a gradual left curve on Rte 67, which is probably why the vehicle was riding the yellow center line. He said this was in the area of Rolando's Restaurant and the Tommy K's Plaza. The police car had its emergency flashing lights on but no siren. It was about 75 yards behind the vehicle with no headlights that was speeding. Mr. Landi could not tell what kind of car it was
because it was speeding so fast and because it was dark. Mr. Landi stated he continued south on Rte 67 and a second police

cruiser passed him traveling

(This is page 5 of a 6 page Affidavit.)

north. The

second car was abolt 6-7 car lengtls behind the first cruiser and also had its

A-RREST WARRANT APPLICATION JICR-&a Rev. &10

C.G-S. $ 5+2a Pr. Bk. Sec- 36.1, 3&2. 3&3

STATE OF CONNECTICUT SUPERIOR COURT

ww\,y.jUd.cr_gov Geographicd

Name (Lasr,

Ramirez, Eric, H. DOB 08/20/{992

AEnumbr 5

Affidavit - Continued
emergency lights on but no siren.

That on April 10, 2ol2,the affiant received a CD from the Forensic Laboratory ofthe video downloaded from the Double R Mobil station security camera. A revie.w of the video revealed the following; At approximately 00:34:06 hours a ve.hicle is observed traveling northbound at a fast rate of speed on Rte 67. At approximately 00.34:12 hours a police cruiser with its emergency lights flashing is observed traveling northbound at a fast rate of speed on Rte 67. At approximately 00.35.23 hours a second police cruiser with its emergency lights flashing is observed traveling northbound at a much slswer rate of speed on Rte 67. At approximately 00:35:54 hours a third police cruiser is observed pulling into the Mobil station (without emergency lights activated) and parked. At approximately 00:36:41 hours the third police cruiser is obseryed pulling out of the Mobil station (without emergency lights activated) and traveling northbound on Rte 67.
That TFC. David Periera and TFC Joseph Russo #449 Accident Reconstructionists and member of the C.A.R.S. unit, reviewed the surveillance footage taken from the Double R Mobil gas station. They were able to identify two utility poles that would be used in a Time/Distance formula to help determine the average speed for vehicle #l as it traveled on RT 67 directly past the Double R mobile. TFC. Pereira and TFC. Russo were able to determine Vehicle #1 was traveling 9IMPH as it passed between the utility poles in front of the Double R Mobil gas station. The posted speed limit Westbound on Rte 67 through Seymour is 30MPH. There is a DOT advisory waming sign indicating a curve ahead with a left hand intersection, suggesting a 20MPH limi{ on Rte 67 in Seymour just West of Klarides Village. The next posted speed limit

signof40MPHisjustwestoftheintersectionofMountainRoadasyouenterintothetownofOxford. stays the same along Rte 67 in Oxford up to where Vehicle #l zurns off on to Old State Road 67.

Thespeedlimit

That TFC. David Pereira was also able to determine a vehicle speed at the collision scene based on his observations of the physical evidence observed on the roadway, grass, vehicle damage, building darnage, and location ofthe vehicle at final rest. Vehicle #1 was traveling north in the area of 43 OId State Road 67.The vehicle failed to negotiate the gradual left curve and continued straight off the roadway striking a grass embankment. The vehicle launched from the embankment traveling approximately 59ft. in the air prior to striking the commercial building. Based on this physical evidence TFC. Pereira utilized an airborne formula to determine vehicle #1 was traveling 61MPH at take offfrom the embankment. That a Connecticut Departrnent of Motor Vehicle check for Eric H. Ramirez listed his address as #3 Wood Road in the town of Oxford, CT. It revealed he has a valid class D operator's license under number 208626458. A driver history check revealed Ramirez had five statutory violations between 05/2012010 and 04115/2011, one of which was for l4-96p, the violation Officer Renaldi was attempting to stop him for. It also revealed he was required to complete two separate Driver Retraining classes, one between 0810212010 and0910412010 and the second between 06/1312011 and07/3012011.
That based upon the above facts and circumstances the affrant believes there is probable cause to believe that Eric H. Ramirez DOB 08/2011992 of 3 Wood Road in Oxford, CT., committed the crimes of Misconduct with a Motor Vehicle in violation of C.G.S. 53a-57,Reckless Driving in violation of C.G.S. 14-222, Engaging Police in Pursuit in violation of C.G. S. 14-223b, Color of Lights in violation of C.G.S. l4-96p and Failure to have Light Lit in violation of C.G.S. l4-96a(a)

(This is page 6 of a 6 page Affidavit.)