anderson affidavit

8
Sourc.4rx In.. (508) 562-34s0 233091MF SET TYPEWFIEF SPACING AI I7' I I I .=..t 0 o o - o + COMPLAINT DOMESTIC VIOLENCE RELATED [] vrolAfloN H 3S33 i MTSDEMEANoR ! FELoNY ,,..,- Andprcnn -Tnhn MJ Docket# TN# Scx Racc ! coMM. vEH. $tate uf $etu Sampr\ire wnrrcotr8rown Hazel YOU ARE HEREBY NOTIFIED TO APPEAR BEFORE SAID COURT O'CLOCK IN THE AIV!?M ON YR- UNDER PENALIY OF t.AW TO ANSWER TO A COMPLAINT CHARCING YOU WITH THE FOLLOWING OFFENSE: rorHE..D.q{{v. p.i.sqTip.t . . . .couRr couNTy oF. Bp.c.\i4ch.an . . . . THE UNDERSIGNED COMPI,AINS TIIAT: PLEASE PRhIT 8 Lane Road Derry, NH 03038 pos.Q9/ 9.8/.Ql . oplrc.#. . . . .0.541r,rp.3.qq I . Hcight Weighr Color Hair ! coMM. DR. Lrc. Color Ey€s I HAz. MAT :i,i3::'6 or.r rne. .l].qlbav or . . ..lql v. . . . . . . . lT".i"?91.3. .",. . uTlev/ NH State Po I ice on/at in said county and state, did commit the offense of I.l4qggitt .E+pp.s.qre. +Irq.li9t{.drr.e99...... contrarytoRse.915.:.1 . (]) and the laws of New Hampshire for which the defendant should be held to answer, in that the defendant did knowingly expose his genitals to another (E'F.) under circunstances that John Anderson should have known would Iikely cause affront or alann, against the peace and dignity of the State. ! SERVED IN TIAND Personally 6ppeared the above named complainant and made oath that the above

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Charges against Derry, N.H. John Anderson

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Sourc.4rx In.. (508) 562-34s0 233091MF

SET TYPEWFIEF SPACING AI I7'

I

I

I.=..t

0oo-o+

COMPLAINTDOMESTIC VIOLENCE RELATED

[] vrolAfloN H 3S33 i MTSDEMEANoR ! FELoNY

,,..,- Andprcnn -TnhnMJ

Docket# TN#

Scx Racc

! coMM. vEH.

$tate uf $etu Sampr\ire

wnrrcotr8rown Hazel

YOU ARE HEREBY NOTIFIED TO APPEAR BEFORE SAID COURT

O'CLOCK IN THE AIV!?M ON YR-UNDER PENALIY OF t.AW TO ANSWER TO A COMPLAINTCHARCING YOU WITH THE FOLLOWING OFFENSE:

rorHE..D.q{{v. p.i.sqTip.t . . . .couRr couNTy oF. Bp.c.\i4ch.an . . . .

THE UNDERSIGNED COMPI,AINS TIIAT: PLEASE PRhIT

8 Lane Road Derry, NH 03038

pos.Q9/ 9.8/.Ql . oplrc.#. . . . .0.541r,rp.3.qq I .

Hcight Weighr Color Hair

! coMM. DR. Lrc.

Color Ey€s

I HAz. MAT

:i,i3::'6or.r rne. .l].qlbav or . . ..lql v. . . . . . . . lT".i"?91.3. .",. .

uTlev/ NH State Po I ice

on/at in said county and state, did commit the offense of

I.l4qggitt .E+pp.s.qre. +Irq.li9t{.drr.e99...... contrarytoRse.915.:.1 . (])

and the laws of New Hampshire for which the defendant should be held to answer, in

that the defendant did

knowingly expose his genitals to another (E'F.) undercircunstances that John Anderson should have knownwould Iikely cause affront or alann,

against the peace and dignity of the State.

! SERVED IN TIAND

Personally 6ppeared the above named complainant and made oath that the above

Sourc.4r{ lnc. (s€€) s6A-3450 233091 MF

SET WPEWRITEF SPACING AT 1 %

\tueoooxo{t

agarnst the peace and dignity of the State.

n ssnvro w uarqr

lp.elsitgLeqr.

COMM. DR. LIC. I HAz. r,{,{T

8 t,ane 'A6iO

Heighr

!oN nra. I lltroav or . :ryu . . . . . . . . . l: l_.;siJ.",. .il;ouoZ?i,3::::("_*,\orvat in said county and state, did commlt the offense of. . .I.l4gg.".nq . Flp.o.s.tltg. e.q4 . lgli.lqq :. .

"o",,^o,o *.o . e+i,.lii,r ir)and the laws of New Hampshire for which the defendant should be held to answer, inthat the defendant did

ll:ytltlt perform an act of gross tewdness, in thatJohn Anderson was naked ,"a i^.i.-i".i11".11.11,,ll: -"oTpun".

.r u. rl, ""il"iT.il;'ffi l:::ff ,il:ii; il""Known that his conduct was ritety io

-;;";;";i;."r.or alarn,

Docket# 1pggtate u! {cO p,ampz

COMPLAINTDOMESTIC VIOLENCE RELATED

! vrounor H SilSSI MTSDEMEANoR I FELoNy

S€x R

n couv. vtn.

ooe9F./.9Q[91.

-L[!] wnrr ow, Brorrnw€rghr Color Har

acrc.to3{4s REV. 20sCa,URT COi:

@\n fitate sf Neto ffiamyr\irtRockingham

ARREST WARRANT

TO THE SHERIFF OF ANY COUNTY IN THIS STATE OR DEPUTY, OR ANY POLICE OFFICERWITHIN THE STATE:

WHEREAS. the Comolainant,

COUNTY

JUDICIAL BRANCHDerry District COURT

in the County of Rockingham has exhibited to me,

Rockinqham

, a Justice/Justice of the Peace in the County of

, his complaint upon oath against the Defendant,

John ANDERSON . of 8 Lane Road Derry, NH

, in the County of03038Rockingham forthe crime of: Indecent Exposure and Lewdness

(RSA 645:1 ).

WE COMMAND YOU to take the Defendant, if found to be in your precinct, and bring him before

the 10tn Cilcuit-District Divi Court

11Dated the --JJ

ln 0", o,

RETURN

STATE OF NEW HAMPSHIRT

COUNTY OF

I have arrested the Defendant and now have him/her before the court as commanded.

Name of OfficerDate

AOC-117-04s (5/01)

Title of Ofticer

SUPPORTING AFFIDAVIT for REQUEST to ISSUE ARREST WARRANT

INSTRUCTIONS: A person seeking an arrest warrant shall appear personally before any justice or Justice of the peace, and shall givean affidavit in the form hereinafter prescribed. The affidavit shall contain facts, information and circumstances upon which such personreiies to establish probable cause for the issuance of the warrant; the affidavit may be supplemented by ora statements under oath forthe establishment of probable cause. The person issuing the warrant shall retain the afiidavit and shall make notes personally of thesubstance of any oral statemenis under oath supplementing the afiidavii oT arrange for a transcript to be made of such orai statements.

PROBABLE CAUSE lS DEFINED AS: "An apparent state of facts found to exist upon reasonable inquiry, which would induce areasonably inlelligent and prudent ([person] to believe, in a criminal case, thai the accused person had committed the crime charged

6,4" rStatc si Xefti I{atnps\ircDer..v DistrctR ockin q ha m COUNTY

l, Sergeant John Mullen(Name of Appli.ant)

make applicaticn for tne issuance of an Arrest Warrant acainsi the def3ndant:

J ohn Anderson (DOB: 05/08/63)

Auqust 16

COUR:

.20 i3

, being duly swcrn, hsr?v"/iih

(Name)

I Lane Road Derry. NH 03038(Address)

I have information that a crime or offense has been committed by the defendant as follows: (describg source, factsindicating reliability and credibility of source, and nature of information; if based on personal knowledge, so stale):See attached Affidavit:

Based upon the foregoing information, there is probable cause to beligve that the defendant did commit a crime oroffense as stated above.

Wherefore, I request the issuance of an arrest warrant anddefendant and bring him/her before the Court having jurisdiction.

Then personally appeared before me the above-named

and made oaih thar the foregorng affidavii is true

And l.-:,,

J!sirce 1J'Jsirce oi ths Fe:ag

L | ' ,^ , have perscnally examined the

Complarnt agarnst the coniaineo in the abov€ afiicjavit, and have oraliv examingd

an order for a du

Seroeant John MullenApplrcant

AOC-1 13-045 6/85

id defendant and any in

OfiioalTl|e

€l i" |-l is not issued.J-Notes of lssuing Justice/J P:

(See Reverse Side) -/tf' >

Sertu,le?lG,'sJ@EliFt'

ARREST \\/

Rockingham Courrtl' 1 0'n Circuit-Districr Division-Derrt'

On iulv 12" 2013. I was tasked q'ith conciucting an investigarion regarciing an incident

that reportedl.v occurred in rhe Town of Den1. NH. The request to iook inio this matter

was made to the NH State Poiice b;- the Der4'Police Depanment' The followingparagraphs contain information received from other law enforcement sotuces as well

fiom information that I obtained personalll'.

On Jul.v 12, 2013. I responded to the Denl'Police Depanment. \Virile at the police

department I learned that as a result ofa 911 call that was placed on July 11, 2013' Dern'

PD dispatched officers to 8 Lane Road ro investigate an incident involving an Indecent

Exposure-related maner.

Upon their anival the DPD Officers met with a group of DirecTV emplo-vees. E.F'. the

viitim in this case. was amongst the group. E.F. explained that he had responded to 8

Lane Road as part ofhis duties as a DirecTV salesperson. E.F. expiained that he was

invited into a home and was confronted b-n- a nude male subject. E.F. reponedly assumed

that the man had just exited from the shower and would put some clothes/towel on.

$4iile in the house E.F. reported that he \r'as uncomfortable b-v the situation and did not

look at the nude subject. E.F. told the DPD Officer(s) that the nude subject told E.F. that

the home r.l,as a nudist home. E.F. responded by saying that the nude male \,'as the onl)'

nude person around. The nude maie made some comrnents to E.F. v/hich included

inviting him (E.F.) to take his clothes off. inviring him back to the house later on for a

pafi]., and asking E.F. if he was ga1. Throughout this time E.F. had been continuing with

ihis sales presenration. but also heard a slapping sound. Upon looking at the nude maie.

E.F. observed thar the nude male subject u'as now masturbating. E.F. then left the house

and contacted his supen'isor.

Once E.F.'s supen.isor arrived. he realized that E.F. was genuinell'upset bv this sinarion

and that is when the supervisor called 911 to repofl this matter to the police'

\-tiA\-f-J L Ui ,1..! I Lzt '-r1 ri

\\1iile thel'u'ere outside of the house in question. but before the police arrived. E.F.

watched as the person he had encountered nude in the home ran to a vehicle thal was

parked ourside. The subject then left the area prior to the arrival ofthe DPD Officers.

E.F. u'as positive that the man ire saw run to the car and leave. u'as the same subject who

had been nude in the house a shon time prior.

A description of the car rhar the s"rbject lett in u'as given to the poiice. The invoivedvehicie u'as described a blue Toyota Avalon or CamIi . Tile piate given for the vehicle

*,as NH registration 810H0. DPD ran the plate u'ith the last digital beine the ietter ''O''.

but nothing came back. Thel'then ran the plate u'ith the last <iigit being a zero ''0" anJ

that plate came back to a:

Blue 2007 Tcyota Avalon

registereC to:

John P, ANDERSON0s/08/63

8 Lane RoadDerr-1, NH 03038.

The .Iohn ANDERSON *,ho lives at the 8 Lane Road address in Derrl is known to the

personnel of the Denl'Police Depanment as Mr. AI'IDERSON is the Derry Town

Manager.

Later that night. the aforementioned vehicle, which is registered to John AIDERSON*'as located at the Salq'Lane Stables located on Lane Road in Denl'. The property was

checked. but no one'*'as found in the area. Because the vehicle was unsecured and ke1's

were found u'ithin the car the ke1's were taken for safekeeping.

on July 12. 2013. John ANDERSON responded to the Derry Police Depanment where

he picked up the ke1's that had been secured from his vehicle during the previous evening.

on Jul1, 15. 2013. I met with E.F. and obtained information relative to this incident

directll'from him. E.F. explained that on 7/11/13 he was maliing random sales calls in

the Toun of Derq.. After observing the home's main door to be open but the storm door

ciosed E.F. suspected that someone was home at I Lane Road, Denl'. NH. E.F. recalled

that there was an ''8'' on the house next to the door. E.F. knocked but did not receive a

response. Because he did not receive a response E.F. tumed his back and began to leave

the propertl'. E.F. turned back to the house and observed an arm sticking out ofthe door

*'uuing ti- back to the residence. E.F. retumed to the same door he had been at earliel

and again found no one at the door. Lipon knocking a voice directed E.F. to enter. Once

in the house. E.F. u,ent ro the room located to the right of the entr1,$'a1 . It *'as in this

room where E.F. observed that he was now in the company ofa nude male subject'

Assuming that the nude subject would put some clothes on E.F. tumed his back and

began his saies pitch. Dudng the course ofhis saies presentation the nude subj ect

9? ( di{,t

intemrpted E.F. at various times asking him if he u'as ga1'. telling him that this was a

nudist house. invited E.F. to remove his clothing and invited E.F back later on for a parg'.

E.F. explained that uhile this conversation u'as taking place that he u as hearing a

smacking-iike sound. but because E.F. u'as nor looking at the subjecl he did not knon*'hat the noise acrualil was. Lpon looking at the nude male E F. realized thar the

smarking sound q'as rhat of the nuie maie masturbating.

E.F. explained that his visit to the 8 Lane Road address uas random and not prei'iousl1'

scheduled. Other than the nude subject. E.F. never heard nor saw an\/one else at the

residence. It should be noted that upon the anival of DPD Offtcers ar the house on

7,/1 1/13 that the)' entered the home and thel did not locate anyone else inside the

resideirce. E.F said thar he had never metiseen the nude male subje;t prior to tiris

encounter. E.F explained that oased upon the totalig' of eveqrhing he feit as iiro",sh h3

u'as being solicited for a sexuai encounter b1'the subject. E.F. saiC that he *'as

shocked/traumatized by this incident. E.F. also said that t'hen he fiIst saw' the nucie male

that he (nude male) did not have ari erection. but when E.F iooked at the nude subject and

sa*'him masturbadng the nucie subject did have an erection at that point.

E.F. described the nude subject as being a white male, in his mid/late fonies' having a

balding horseshoe type ofhairline. about 509-510, having a pot belly and possibly having

liver spots/freckles. According to the NH DMV Files. John P. ANDERSON of 8 Lane

Road Der4', NH is described as being 51 1. 215 with brown hair and hazel eyes.

On Jull' 15. 2013 after speaking with E.F, i also spoke with E-F's supervisor u'ho u'ill be

identifred in this affidavit as D.C. D.C. said that he received a message from E.F. after

this incident occurred. Upon actualiy meeting with E.F, D.C advised that E.F. n'as

sincerel.v bothered b.v the situation that occurred in 8 Lane Road and that is when he

called the police.

On July 17, 2013 i met with E.F. once again. The purpose of this meeting \ as to show

E.F. a photo anal'. One of the subjects depicted in the array was John ANDERSON

(05/08/63). Upon viewing the array E.F. very quickll'pointed to the person shown irposition number 8 and said.'That's him.'' I asked E.F if he *'as sure of his decision and

he said that he u'as "positive" that he $'as the involved subj ect.

The identiq' of the person depicted in position number 8 '*'as in fact iohn ANDERSON(05/08/63 ).

Based upon the foregoing information I believe that there is probable cause to conclude

that John ANDERSON (05/08/63) did commit the crime of Indecent Exposure and

Lewdness contraq. to NH RSA 645: 1 and respectfull:- request that the Honorable court

issue a \\;ariant for John 4NDERSON's anest.

]QL 8(t ' l

The elements ofthe offense of Inciecent Exposure and Lewdness are:o Knowingl)',. Fomicates. exposes his genitals. or perforrns an), other acl of gross leu'dness.. Under ci:cu:rstances thal he should knorv will likeiv cause aiiront or aiarm.

Said offense constitutins a Class .A. Misdemeanor.

Subscribed and swom to before ne rhis / ( ' day ofAugust.2013

iltu"lSeryeant John Mullen

New Hampshire State Police

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