Von Appen Affidavit

IN THE JUSTICE COURT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF MISSOULA BEFORE ____________________________, JUSTICE OF THE PEACE Cause No.____________________ STATE OF MONTANA,

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Plaintiff, -vsCODY ALEXANDER VON APPEN, Defendant.

COMPLAINT

JASON MARKS, Deputy Missoula County Attorney, being duly sworn, deposes and says that on or about the 19th day of September, 2008, at Missoula County, the above-named Defendant committed the offense(s) of COUNT I: ACCOUNTABILITY for AGGRAVATED ASSAULT, a Felony, in violation of Montana law, namely: Mont. Code Ann. §45-2-301 and §45-5-202, punishable by not to exceed 20 years MSP and a $50,000 fine;. The facts constituting the offense(s) are:

COUNT I: On or about the 19th day of September, 2008, the above-named Defendant aided or abetted Andrew Douglass in purposely or knowingly causing serious bodily injury to Jesse Johnson by punching him and kicking him in the head breaking his jaw. DATED this 30th day of September, 2008. JASON MARKS Deputy Missoula County Attorney

Subscribed and sworn to before me this 30th day of September, 2008.

JUSTICE OF THE PEACE COMPLAINT JM 8-2597 MCPD Detective Blood

IN THE JUSTICE COURT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF MISSOULA BEFORE ______________________, JUSTICE OF THE PEACE Cause No. ______________ STATE OF MONTANA, Plaintiff, -vs-

AFFIDAVIT OF PROBABLE CAUSE

CODY ALEXANDER VON APPEN, Defendant. STATE OF MONTANA County of Missoula

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JASON MARKS, Deputy County Attorney of Missoula County, Montana, being first duly sworn upon oath, deposes and says: I have read the official law enforcement reports regarding the investigation of CODY ALEXANDER VON APPEN for allegedly committing the offense(s) set forth in the complaint and based upon the information contained in the reports, if true, believe probable cause exists to justify charging the above-named defendant as specified in the accompanying complaint. On or about 19th day of September, 2008, University of Montana Public Safety officers were dispatched to investigate a reported altercation on campus. Upon arrival officers met with Jesse Johnson who was bloody and had

obvious contusions on his head and face. Johnson said that earlier in the evening a friend of his had been involved in a verbal altercation with Justin Montelius. Johnson said he had restrained his friend and gotten him home before anything physical happened. Johnson said a short time later he and his girlfriend were walking toward Miller Hall when Montelius approached them accompanied by a group of friends. Johnson said that one of the group struck him and knocked him unconscious. Johnson was transported to receive medical attention. It was determined that he had suffered several cracked and chipped teeth and a broken jaw which had to be wired shut. Christopher Croft, an investigator with University of Montana Public Safety, conducted a follow up interview with Johnson. Johnson said that just prior to the assault he had been on the phone with Montelius. He said that Montelius was demanding to know where Johnson’s friend was and Johnson said he refused to tell Montelius. He said he remembers being surrounded by Montelius and his friends and being hit from behind. He said the next thing he remembered was talking to Public Safety officers. Officer Croft located surveillance footage which showed the assault. On the surveillance footage Officer Croft observed Justin Montelius standing on the north side of Dunaway Hall accompanied by three other males who Officer Croft identified as Andrew Douglass, Cody Von Appen, and Joshua Stuberg. On the video Officer Croft observed Montelius speaking on his cell phone. He observed the other males shadow boxing and Andrew Douglass removing his shirt in what appeared to be preparation for a fight. Officer Croft observed Montelius get off the

phone and then all four approached Johnson and his girlfriend. Officer Croft observed Von Appen throw a punch that hit Johnson in the head and knocked Johnson to the ground. He then observed Douglass hit and kick Johnson while he was on the ground. He then saw Johnson try to get up only to be pushed by Von Appen and punched again by Douglass. At that point all the males fled leaving Johnson on the ground. Officer Croft interviewed Justin Montelius. Montelius said that he had gotten into an argument with Johnson’s friend earlier in the evening. He said that afterworld he called Von Appen, Douglass, and Stuberg. He said he told them he had been in a fight and needed their help. He said he talked to Johnson on the phone and then approached Johnson and his girlfriend in the parking lot. He said he never had any intention of fighting but that his friends just assaulted Johnson. Officer Croft interviewed Joshua Stuberg who said that he had been in a dorm room with Von Appen and Douglass when Montelius called them to say he had been assaulted and needed their help. The group met Montelius and Stuberg said they were expecting to fight. Stuberg said that Montelius pointed Johnson out to them and that they surrounded him thinking that he was the one who had assaulted Montelius. Stuberg said that when he saw it was only one person he decided not to fight. The video confirmed that he did not participate in the assault. Officer Croft Interviewed Cody Von Appen. Von Appen confirmed Stuberg’s account of what happened leading up to the assault and admitted punching and

pushing Johnson. He said that Montelius had told him the next day that he had lied about being assaulted. Officer Croft interviewed Andrew Douglass who confirmed what Stuberg and Von Appen had said about what brought them to the parking lot with Montelius. However, his account differed from the others in that he said that Johnson was acting tough and that Montelius was scared of him. Douglass said that Von Appen punched Johnson to protect Montelius. He admitted that Johnson had never tried to hit any of them or fight back.

______________________________ JASON MARKS Deputy Missoula County Attorney SUBSCRIBED AND SWORN TO before me this 30th day of September, 2008. ________________________ JUSTICE OF THE PEACE ORDER Upon reading the foregoing Affidavit, the Court finds that there is probable cause to believe the above-named Defendant committed the crimes charged. DATED this 30th day of September, 2008 at _____ a.m./p.m.

_______________________ JUSTICE OF THE PEACE