04/03/2013 23: 17

IN THE JUSTICE COURT/CITY COURTIN AND FOR THE COUNTY OF GALLATIN, MONTANA

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THE STATE OF MONTANACounty of Gallatin,CITY OF BELGRADE,

#7411 P.006/015

Plaintiff, Cause No.

AFFIDAVIT AND ORDERRE: PROBABLE CAUSE/COMPLAINT

v.

Jacob Paul Toledo (D08 11/30/1991)

Defendant

The undersigned, being duly sworn, states as follows:

1. I, Justin Sharp am a sworn officer with the BelgradePolice Department, City of Belgrade, Gallatin County, Montana.

2. On 3, 2013 the defendant was arrested for thecharge(s) of:

Criminal Mischief, a Felony (MCA 45-6-101)

3. The undersigned believes that there is probable cause tocharge the defendant with said charge(s) because:

On April 2, 2013 the Belgrade Police Department and GallatinCounty Sheriff's Office began receiving reports that both vehicleand building windows had been broken over the night. The reportsindicated that the windows appeared to have been broken by aor similar projectile. Approximately 100 individual reports werefiled, with either the Belgrade police Department or the GallatinCounty Sheriff's Office, involving this type of damage. Thecombined total of the replacement or repair cost for this damageis in excess of 1,500 dollars. Both agencies continued to receivereports of damage with a total estimated for repairs inexcess of 20/000 dollars.

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Crop Production Services of Belgrade, was one of the businessthat had property damaged by these projectiles. I met with themanager of Crop Production Services who provided me with a copy ofthe video surveillance footage from the area where the damagedvehicles were parked. On this footage I observed a 1990's modelSubaru Impreza wagon enter the business's property and drive pastwhere the vehicles were parked. It should be noted that this isthe only activity observed near the damaged vehicles during thetime that the damage occurred. This Subaru Impreza had blackwheels and tires and appeared to be red or maroon in color.

On April 3, 2013 the Belgrade Police Department was contactedby a male who. was identified by law enforcement and is hereafterre!erred to as ZC. ZC stated that he had reason to believe thatJonathan Lopez, Alexander Cantu, and Jacob Toledo had damagedseveral vehicles with BB guns during the night of April 1, 2013and the morning of April 2, 2013. In a subsequent interview ZCstated that he was with Lopez, Cantu and Toledo when theypurchased a large package of C02 propellant cartages and a 1500count package of BEs. ZC continued on to state that he overheardLopez, Cantu and Toledo talking about going out to shoot ustuff. flHe stated that Lopez, Cantu and Toledo left in Toledo's red SubaruImpreza hatchbaCk. ZC stated that the following morning heobserved several businesses with broken windows. ZC stated that hespoke with Cantu about the businesses and Cantu admitted that he,Toledo and Lopez caused the damage.

I then conducted an interview with Cantu at the BelgradePolice Department. During the interview Cantu stated that he,Lopez and Toledo drove around the Belgrade Area shooting businessand vehicle windows. Cantu was sitting in the rear passenger sideof the red Subaru while Lopez was sitting in the front passengerside seat and Toledo was driVing the vehicle. Cantu stated thatall three of them had BE gun pistols while they were drivingaround. He continued on to state he, Lopez and Toledo all engagedin the shooting of business and vehicle windows. Cantu stated thatthe BB pistol that he used was at his residence. Cantu consentedto a search of his bedroom. During the course of the search Iseized the BB pistol, a partially empty container of copper BBsand several C02 propellant canisters.

I then conducted an interview with Toledo. During the courseof the interview Toledo admitted driving the red Subaru as he,Cantu and Lopez drove through the Belgrade area shooting businessand vehicle windows. Toledo stated that he, Cantu and Lopez allengaged in the shooting of the windows. Toledo consented to asearch of his Subaru and the garage that it was parked in. During

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the course of the subsequent consent search I observed severalloose copper BBs lying on the floor boards, in the seats and inthe built in storage areas of the vehicle. I also located the BBpistol and several expended C02 cartridges in a cardboard box thatwas on a shelf in the garage.

I also conducted an interview with Lopez. During the courseof this interview Lopez admitted to being in the front passengerside seat while he, Cantu and Toledo drove through the Belgradearea shooting vehicle and business windows with B8 pistols. Lopezstated that he actively engaged in the shooting of the windows.

Lopez, Toledo and Cantu committed the offense of criminalmischief, a felony, by purposefully or knowingly causing in excessof 1,500 dollars in damage to property belonging to anotherwithout the consent of the owner. Toledo was arrested for thisoffense and was transported to the Gallatin County DetentionCenter where he was held without bond.

,2013.SUBSCRIBED AND SWORN to before me

NOTARY PUBLICResiding at Belgrade, Gallatin countyMy commission expires /')..

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ORDERUpon reading the foregoing Affidavit:

IT IS HEREBY ORDERED THAT probable cause is found tocharge the above named defendant with the charges:

IT IS HEREBY ORDERED that probable cause is not found tocharge the above-named defendant with the following charges:

DATED this_day of , 2013 at p.m.

JUSTICE OF THE PEACE/CITY JUDGE