COURT OF APPEALS DIVISION III

OF THE STATE OF WASHINGTON No.32654-3-III

STATE OF WASHINGTON

Respondent,

v.

PHILIP PATRICK MOORE,

Appellant.

ON APPEAL FROM THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR SPOKANE COUNTY

The Honorable Judge Harold D. Clarke III

STATEMENT OF ADDITLONAL GROUNDS FOR REVIEW

PHILIP PATRICK MOORE Spokane County Jail

1100 W. Mallon Spokane, WA 99260

MAR 2 5 2015 COURT Of Af'l'b~J,

D!VISff):"-; 111 ·HATE CJF WAS!'ii\GTU~· !ly ___ , -------

lSSUE PRESEN\ED

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ARGU\"'ENT

IN£.F~E.CTIVE 1\SS\STANC.E OF C.OUNStl

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MAY 0 8 2015 r,; ~ RT OF APPEALS

f.UGHT TO PRESEN1 A DEFENSE STAT"~/~fSIONIII By - ,Jf WASHINGTON

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STATEMENT OF INVESTIGATING OFFICER AFFIDAVIT OF FACTS

3

FILED SEP 2 6 Z013

THOMAS R. FAJ..L.QUIIT SPOKANE Oet:iMff e~Jt

STATE OF WASHINGTON) COUNTY OF SPOKANE)

I) I 0 ~lJ43 ·-Y REPORT NUMBER: 13-321670

DEFENDANT: PhilipP. Moore, BM, 9/6/59

f The undersigned, a law enforcement officer, competent to testify, states as follows: .z.. That he/she believes a crime was committed by the above named 3 defendant/defendants in the City and County of Spokane, State of Washington,

because:

<-( The defendant, Philip P. Moore, BM, 9/6/59, in Spokane County, Washington on or 5 about 0912112013, did with intent to inflict great bodily harm intentionally assault Steven !:, R. Brown and Jaimie Nelson and did inflict great bodily harm.

7 Steven R. Brown will testify that he knows Lawrence Adams by the street name of ~ "Black" and by his first name of "Lawrence." Brown will testify that he has been in 9 conflict with Adams having been accused of stealing money and drugs from Adams at It> his and his girlfriend's apartment. Brown will testify that Adams' girlfriend is Kaley /I Hildebrand living at 6120 N. Lidgerwood #304. Brown will testify that he knows Adams 12. to be also living at 6120 N. Lidgerwood #304.

I:> Brown will testify he was visiting Philip Moore, known to him by the street name of "PM," I"{ at Moore's residence of 3524 E. Queen on 09/21/2013 at 2330 hours. Brown will testify iS he was accompanied by his girlfriend, Jaimie Nelson. Brown will testify unbeknownst to '' him and Nelson, Adams lay in wait in a bedroom until he and Nelson were sitting 1 7 comfortably in the living room. Brown will testify Adams suddenly emerged from the

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I~ bedroom wherein he severely assaulted and beat him, as well as assaulted his girlfriend, Nelson.

i'l Jalmie R. Nelson Will testify to the same as Steven Brown. Nelson will further testify 20 that her boyfriend, Brown, was beaten so severely that he was rendered unconscious z 1 and was not breathing. Nelson will testify that Adams also assaulted her, causing cuts, 2 2. bruising, black eyes, and further, held her to the floor and cut a substantial amount of

her hair off with a pair of scissors.

z 3 Nelson will testify that she and Philip Moore loaded Brown into her 1999 Ford Explorer 2 <I wherein she transported him to Holy Family Hospital Emergency Room. Nelson will 2.5 testify that both she and Brown were deemed to be severely injured and were admitted Z6 to Holy Family Hospital. Nelson will testify while she was Initially being treated in Holy z 7 Family Hospital she was shown a photo montage of six persons by a police officer '2-t;- wherein she was able to identify the person known to her as "PM".

2 '1 Nelson will testify as her injuries healed and she was able to endure brief interviews 30 from hospital personnel, her family members and Detective Estes, she advised Philip 3 t Moore was also a participant in the beatings of both her and her boyfriend Brown. :32.. Nelson will testify Moore was also a participant in helping to hold her down and cut her ;..3 hair off. Nelson will testify to disclosing a sexual assault committed by both Moore and 3'1 Adams which she understands is currently being investigated by Detective Estes.

t.( 0 Nelson will testify that Detective Estes inquired as to whether there were two other black '"i 1 males with Adams, waiting outside as previously reported by Moore. Nelson will testify (_12. she saw no black males other than Moore and Adams that night and when Moore left ""(J 3524 E. Queen, he got into a white vehicle drlven·by a person she knows to be Adams'

girlfriend, Kaley.

~-j•/ David M. Britt will testify that he was contacted in the early morning hours of ,,~ 09122/2013 by Jaimie Nelson. Britt will testify that Nelson brought her 1999 Ford Cfh Explorer to the Spokane Valley area and requested Britt give her a ride back to Holy 'il Family Hospital where she left her boyfriend, Steven Brown.

:.f r. Britt will testify to driving Nelson back to Holy Family Hospital and comforting her at the '"I" hospital during portions of her treatment. Britt will testify that Nelson relayed facts about :;, o the assault on her and Brown by a person she knows as "Black" and "Lawrence. D

5 i Britt will testify to being interviewed by Detective Estes at Holy Family Hospital wherein !; 2- he relayed that the assault on Brown and Nelson was in retribution for a "drug rip• 3) previously facilitated against Black, aka Lawrence, by Nelson and Brown. Britt will 5 q testify to a~vising Detective Estes the best way he could describe where Brown and .::,.:; Nelson were assaulted as relayed to him by Nelson is that the house is a "crack house. • ;$1 Britt will testify that although Nelson was mostly being uncooperative and not providing :; i pertinent information to officers and detectives at Holy Family Hospital, he was relaying

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5

£ 6' factual information gleaned from Nelson because Brown is one of his lifelong best friends.

; ~ Amy M. Mills will testify that she lives at 3524 E. Queen and her boyfriend, Philip f.o Moore, lives there with her. Mills will testify that she was at her residence in the late 1:i evening hours of 09/2112013. Mills will testify a person she knows as "Black" came to M. her residence and hid in the back bedroom awaiting the arrival of Steven Brown and ~1 Jaimie Nelson. Mills will testify people she knows as Brown and Nelson came to her

residence and sat in the living room.

i~ 'f Mills will testify she observed Black emerge from a back bedroom and begin severely t S beating Brown and Nelson with his fists and some type of gray pipe.

I. I. Mills will testify that when she realized Spokane Police officers were outside her t. 1 residence and had escorted Moore to the Spokane Police Department, she hid in a b ~~ crawlspace under the bathroom while Spokane Police officers checked her residence ftt for any persons remaining inside. Mills will testify once Spokane Police officers exited 7~ her residence and were stationed outside, she began cleaning blood and hair from the

living room floor, walls, and furniture.

'l 1 Dr. C. Roberts will testify he is employed as a physician at Holy Family Emergency 71. Room. Dr. Roberts will testify that he was on duty on 09121/2013 when Steven Brown 1) was brought to Holy Family Hospital by private transportation. Dr. Roberts will testify 7'1 that Brown's condition was severe and life-threatening. Dr. Roberts will testify that 1'$ Brown suffered extensive head trauma, trauma to his legs and extremities, and possibly ?b internal injuries. Dr. Roberts will testify that Brown was totally incapacitated, 77 unconscious, and he feared Brown may die as a result of his wounds. Dr. Roberts will 7'(1 testify that Brown could not breathe on his own and could only remain alive with the ?Cf help of life support and assisted breathing. Dr. Roberts will testify that Brown obviously ~l.., suffered from critical oxygen deprivation which he most likely will never fully recover

from.

8• Dr. Roberts will testify that Nelson's injuries consisted of cuts and bruises to her head, tl face, arms, and hands. Dr. Roberts suspected Nelson's nose was broken or fractured 8J due to the severity of her blackened discolored eyes. Dr. Roberts will further testify ;&ott Nelson had two suspicious puncture wounds on the lower left side of her neck that were

associated with a large bruise around the puncture wounds.

'?S Dr. Chu will testify to the same as Dr. C. Roberts.

r.~ Officer J. Everly #950 will testify that he responded to Holy Family Hospital to begin an ~.., investigation of an assault committed against Steven Brown and Jaimie Nelson. Officer t"lf Everly will testify that information was vague because Nelson was injured, emotionally Wf upset, and not forthcoming with pertinent information. Officer Everly will testify that the cto investigation was hampered by the fact that Brown was totally incapacitated and unable <11 to be interviewed. Officer Everly will testify that with the help of other officers and law a

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q 2 enforcement background check on Brown and Nelson, Spokane Police Department q '3 officers were able to determine that Nelson and Brown were assaulted at 3524 E.

Queen.

g4 Officer Everly will. testify that he assisted by providing Detective Estes with information ~5 thus far upon his arrival and the arrival of Detectives Hollenbeck and Burbridge, and

Sergeant Storment.

::: t. Officer Everly will testify that at the direction of Detective Estes, he and Officer Potter '11 showed a photo montage to Nelson wherein she identified the person of Philip Moore to '-'i' be the resident at the location where she and Brown were assaulted. Officer Everly will "7~ testify that Nelson referred to Moore by his street name, "PM: Officer Everly will testify

/' !'! to showing a cell phone photograph of the front of 3524 E. Queen to Nelson at Holy 1 ·~ r Family Hospital wherein she stated that definitely was the residence where she and i."~- Brown were assaulted. Officer Everly will testify to continuing the investigation with to3 Detective Estes and determining that Moore resided at 3524 E. Queen.

to 't Officer A. Potter #938 will testify to the same as Officer Everly.

I oS Officer N. Briggs #1177 will testify that he assisted in the investigation by securing the 1 o 1- residence at 3524 E. Queen and subsequently contacting Philip Moore as Moore 1 b 1 emerged from that residence. Officer Briggs will testify that he did not knock on the 10 ~ door, but observed Moore emerge from the residence on his own without contact from

police. iO"f Officer Briggs will testify to taking a cell phone picture of the front of 3524 E. Queen and r 1 D forwarding that photograph to the cell phones of Officer Everly and Detective Estes who

were interviewing Nelson at Holy Family Hospital.

II l Detective M. Burbridge #209 will testify to assisting Detective Estes in investigating 1 i 2- the assaults of Steven Brown and Jaimie Nelson by being assigned to facilitate the r 13 search warrant at 3524 E. Queen. Detective Burbridge will testify that upon entering t 1 t.t 3524 E. Queen, he found Amy M. Mills sleeping in a back bedroom of the residence.

tiS Detective Burbridge will testify to locating pertinent evidence consistent with the assault 1 f J., described to detectives by witnesses David Britt, Philip Moore, and Amy Mills. 111 Detective Burbridge will testify to locating blood, hair, bloody clothing, and a pair of 1 r~ scissors within the residence. Detective Burbridge will testify to locating blood spatter !1'1 and blood cast off patterns on the living room wall of 3524 E. Queen. Detective llo Burbridge will testify that although evidence remained in the residence it was obvious 12.1 that the crime scene had been washed down, cleaned, and vacuumed prior to

detectives serving the search warrant.

1 U.: Detective Burbridge will testify to checking a vacant lot adjoining the west side of the /2.} 3524 E. Queen property. Detective Burbridge will testify to locating a broken and t'Li bloodied homemade fashioned club made of PVC pipe and metal pipe that was

wrapped in gray grip-type tape.

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12 5 Detective K. Hollenbeck #240 will testify to assisting Detective Estes in intervieWing IZ6 Philip Moore and to assisting Detective Burbridge in searching 3524 E. Queen. 1l7 Detective Hollenbeck will testify to interviewing Amy M. Mills at the time a search It.~ warrant was served at 3524 E. Queen. Detective Hollenbeck will testify to teaming from J2't Mills that she was an eyewitness to a person she knows as •stack," and possibly named J 30 "Lawrence,• severely assaulting Brown and Nelson in the living room of 3524 E. Queen.

13 I Sergeant Z. Storment #648 will testify to supervising the investigation of the assault on J3Z.. Steven Brown and Jaimie Nelson. Sergeant Storment will testify to assisting with follow 1}3 up investigation where he was able to locate the Brown/Nelson vehicle, a 1999 Ford /}'( Explorer bearing Washington license 494ZIR parked at 301 S. Shelly Lake Lane. 135 Sergeant Storment will testify that from standing outside the vehicle and peering inside, I!. 4> he could clearly see blood smears and blood transfer inside the vehicle. Sergeant /) 7 Storment will testify to impounding that vehicle pending a search warrant.

I)~ Detective B. Estes #062 will testify to being briefed by all patrol officers pertaining to I?. cr information they gleaned about the assault on Steven Brown and Jaimie Nelson. lliO Detective Estes will testify that the investigation led to a crime scene at 3524 E. Queen, f '-II the residence of Philip Moore. Detective Estes will testify that although it appeared l L('l- Moore is somewhat culpable in luring Brown and Nelson to his residence, the assault f '{ J was most probably carried out by a person who goes by the name of "Black" and is

possibly named •Lawrence."

/lf L' Detective Estes will testify to interviewing Nelson, David Britt, and Moore. Detective 1 '-1 ~ Estes will testify to securing a search warrant for 3524 E. Queen and assisting 1 r.{ b Detectives Burbridge and Hollenbeck, and Sergeant Storment in serving that search l'i7 warrant, subsequently collecting pertinent evidence which is supported by information f y¥; obtained from Britt, Nelson, Mills, and Moore. Detective Estes will testify that he 1 ~I t'.f teamed that Kaley Hildebrand previously reported a burglary of her residence on

09/08/2013 naming Brown and Nelson as suspects.

i';;C> Detective Estes will testify to doing follow up investigation on 09/23/2013 wherein he 15t and Detective Gallion developed Lawrence Adams as suspect in the 09/21/2013 1; 2. assaults of Brown and Nelson. Detective Estes will testify to him and Detective Gallion fSJ contacting Adams at 6120 N. Lidgerwood #304 wherein Adams agreed to go to the 15 •f Spokane Police Department Detectives' Office for an interview. Detective Estes will

155 testify that Adams admitted his responsibility in the assaults of Brown and Nelson, and /Sf. confirming previously obtained information that the assault was because Brown and 1 S 7 Nelson stole money, drugs, and jewelry from Adams' residence.

IS¥" Detective Estes will testify he and Detective Gallion contacted Amy Mills on 09124/2013 l s ~ at 0950 hours wherein she was· shown a photo montage which ·included Lawrence I bo Adams as suspect #5. Detective Estes will testify that Mills readily identified Adams as I b t the person she saw severely beat Brown and Nelson on 09/21/2013. Mills further

confirmed that is the person she knows as aBiack."

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l b 2.. Detective Estes will testify he continued the investigation wherein Adams was identified I bJ and charged with the assaults on Brown and Nelson. Detective Estes believed after I ~q interviewing Moore that Moore had been less than truthful in his denials of involvement / G 5 in the assaults on Brown and Nelson. Detective Estes believed Philip Moore conspired I bb with defendant Adams and Kaley Hilderbrand for Hilderbrand to deliver Adams to the t b 7 Moore residence, knowing Brown and Nelson would soon be arriving. Detective Estes /:: ~ beliefs are based on information gained from interviews of Moore, Adams and Nelson.

) ~<II During Detective Estes' interview of Adams, Adams stated, "They knew what was 11 o coming to them when they saw me.· Adams confirmed that Moore had a discussion 17 1 with Brown and Nelson while they unwittingly were talking about "ripping off Adams" /7'2.. while Adams was secreted in an adjoining room in Moore's house. Detective Estes 173 clearly believes after interviews of Moore, Adams and Nelson that Moore participated in 1 7~ the assaults on Brown and Nelson as well as conspired with Adams and Kaley

Hilderbrand to "set them up• so Adams could seek revenge.

I 7.5 During a follow up search warrant at 3524 E. Queen on 9125/13 for the purpose of I 7 b seeking sexual assault evidence, Detective Estes again spoke briefly with Moore who 17 7 was at his residence. Detective Estes advised Moore it was clear that Moore was more 1 ?t( culpable in the assaults than he first talked about. wherein he minimized his 17't involvement. Detective Estes will testify to asking Moore if he would be willing to come 1 Es"D to the police department at a later date for an interview and tell him the entire truth. I e- I Detective Estes will testify Moore appeared defeated, sitting in a chair, immediately 1 g-z.. drooping his shoulders, looking down while nodding his head yes and saying, "Yeah,

man there's a lot more to it, I'll call you and come down."

( ~3 Detective Estes will testify there is probable cause to charge Moore with First Degree I~'! Assault (two counts )of Steven Brown and Jaimie Nelson.

1 ~S Officer M. McCasland #711 will testify he was present while Detective Estes served a 1 tr) search warrant at 3524 E. Queen on 9/25/13. McCasland will testify he heard and 1 ¥;7 observed Moore's reaction and statements to Detective Estes about Moore's willingness 1 ~&-to tell the truth and acknowledgement that there was more to the story.

/"or Detective N. Gallion #364 will testify to the same as Detective Estes pertaining to the interview of Lawrence Adams.

/c:;o I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. (9A. 72. 085)

DATE r- $l<- 2.tU* PLACE Spokane. WA SIGNATUR0li .A&-~tOo~

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