IN THE JUSTICE COURTIN AND FOR THE COUNTY OF GALLATIN, MONTANA

THE STATE OF MONTANAVERSUS

Ami L. StanleyDEFENDANT

STATE OF MONTANA / GALLATIN COUNTY

The undersigned, being duly sworn, states as follows:

CAUSE NUMBER:AFFIDAVIT AND ORDERRE: PROBABLE CAUSE

I, Michael B. Walrath, am a Trooper with the Montana Highway Patrol in Gallatin County, Montana.

On the 9th day of February 2013 the DEFENDANT was arrested for the following charge(s):

I) Driving under the influence of alcohol (151) MCA 61-8-40l(l)(a)[lsl]

2) Criminal possession of dangerous drugs marijuana pst) MCA 45-9­102(2)[151]

3) Endangering welfare of a child (151) MCA 45-5-622(1)[1 51]

The undersigned believes that there is PROBABLE CAUSE to charge the DEFENDANT with saidcharge(s) given the following circumstances:

1. At 2205PM on 9 February 2013 I was in uniform and in my marked Montana Highway Patrolvehicle parked in the median crossing at mile 303 on Interstate 90 when I heard Gallatin CountyDispatch broadcast a semi-truck v. passenger car crash at mile 309 on Interstate 90.

2. I informed Montana Highway Patrol Dispatch of the crash and told them I was en route.3. I arrived on scene at 2214PM. Already on scene were fire and ambulance personnel. At the time

it was snowing lightly, as it had been for approximately two hours. There was snow on the road.4. There was a separate two vehicle, non-injury crash just to the east of the semi-tnlck v. passenger

car crash. Trooper John Scheer (MHP 237) was responding and would handle that crash.5. After briefly speaking with individuals involved in that crash I continued walking west. I

observed a Ford Explorer on its wheels in the westbound lanes. The Explorer had disablingdamage to its front and rear. The Explorer had Montana license plate 623759A.

6. I then met with an American Medical Response personnel. She said there was a woman and ayoung child that had been in the Explorer. She said they were both uninjured and had refusedmedical. Currently they were in the AMR ambulance. She asked if they could sit in my patrolvehicle so the ambulance could clear the scene in case they had to respond to another call. I toldher yes and someone escorted the woman and child to the backseat of my patrol vehicle.

7. I then met separately with a witness ofthe crash, Andrew W. McDonnell (DOB 10Apr92) ofTownsend, MT.

8. McDonnell said he was driving a pickup truck in the right lane of Interstate 90 westbound and wasbehind a semi-truck and trailer. He said he was traveling approximately 25mph - 30mph. He saida semi-truck and trailer was passing them in the left lane, which he said created a large cloud ofsnow and greatly reduced visibility. McDonnell said both he and the semi-truck in front of himslowed considerably. McDonnell saw the Explorer entering Interstate 90 from the westboundentrance ramp at mile 309. He said it lost traction, struck the guardrail off the right side of theroad, bounced back into the westbound lanes and struck the semi-truck and trailer that was in theleft lane. Interstate 90 is a way of this state open to the public.

9. After speaking with McDonnell I went to my patrol vehicle to get a voluntary statement to give tohim. I opened the right front passenger door of my patrol vehicle and stuck my head in thevehicle. When I did I immediately smelIed the odor of an alcoholic beverage. The onlyindividuals in my patrol vehicle were the woman and child from the Explorer. I gave McDonnellthe voluntary statement then went to the left rear passenger door to speak with the woman.

10. I opened the left rear passenger door and again smelIed the odor of an alcoholic beverage. I askedthe woman for her driver's license. She provided me with a Montana driver's license identifyingher as Ami L. Stanley (DOB 20July81), the defendant. I asked her who the child was and Stanleysaid she was her daughter. Stanley later identified her daughter as Willow Trinity Evans (DOB03/28/2009). I observed that Stanley's eyes were bloodshot and watery.

II. Stanley said she was the registered owner of the Explorer and was driving at the time of the crash.12. I then met with another witness, Razvan V. Bengulescu (DOB IlJan82) of Duluth, GA.

Bengulescu was driving the semi-truck and trailer in front of McDonnell. He gave an account ofthe crash similar to what McDonnelI had told me.

13. I then walked to west and saw the semi-truck and trailer that the Explorer had struck. There wasdamage to the left side of the truck; the trailer appeared undamaged.

14. I met with the driver of the semi-truck, Richard E. Howard (DOB 14Sep76) of Hudson, NC. Hegave an account of the crash similar to what McDonnelI and Bengulescu had told me. Howardsaid the Explorer struck the guardrail first then struck his semi-truck twice.

15. I then investigated the crash scene, took photographs, returned to my patrol vehicle and began mycrash report. While sitting in the driver's seat with Stanley sitting behind me I could still smelI theodor of an alcoholic beverage.

16. At approximately 2340PM I spoke with Stanley at the front of my patrol vehicle. I told her IsmelIed the odor of alcoholic beverage when I first met her and asked her how much she had todrink. She said she had not been drinking. I told her I was going to investigate her for drivingunder the influence of alcohol. At 2345PM I transported her and Evans to the Belgrade PoliceDepartment to use their DUI processing room.

17. We arrived at the police station at 2359PM. I met with Belgrade Police Officers Bryce Peltomaa(216) and Mike Dixon (218). Officer Dixon escorted Stanley and me to the DUI processing roomwhile Officer Peltomaa waited with Evans for her grandparents to arrive.

18. Shortly after we got in the DUI processing room Stanley said she was refusing alI of my tests andsaid she wanted a lawyer. I read to her the Montana Department of Justice Non-CMV ImpliedConsent Advisory and she refused to provide a breath sample.

19. Officer Peltomaa came to the processing room and handed me a small, plastic Rubbermaidcontainer. Officer Peltomaa said Evans gave it to him; she told him it belonged to her mom.Evans said "she keeps it in my pocket all time so she won't lose it". I opened the container andsaw that it contained a small amount of a green leafy substance which looked and smelIed likemarijuana and a small amount of what appeared to be burnt marijuana.

20. Officer Dixon gave me a KN Reagent marijuana THC test kit and I tested a piece of the greenleafy substance. The test results indicated a presumptive positive for the presence ofTHC.

21. At 0045AM Stanley and I left the Belgrade Police Department in my patrol vehicle. I took her tothe GalIatin County Detention Center. There, I seized her Montana driver's license, issued her aNotice of Suspension and temporary five day driving permit, and the above listed citations.

DATED THIS 10th DAY OF FEBRUARY 2013 IN GALLATIN COUNTY, MONTANA:

£L. Ie J3.;JLJ;(v Signature of Affiant

SUBSCRIBED AND SWORN to before this & day of Fe brvlt::)r 7 '20~.I.~

NResiding at lk-!'lI~.J /""l/lJlfflJIA

Commission expifes. 1]1 D~L ?-o If>

",,,,,''',,',,,,,. MICHAEL W RASSLEY"'.\ \. WI'>. I,+.l'~'<:'" :'''!~';'''> Notary Public~:'t\.OTAfil,.,£.\i- for the Sta.t~ of M~ntana~ . -- .:: Residing at.~~·'.SEAL:;:- Belgrade, Montana-\~~-i:" ..... .,-,/ My Commission Expires:

">'Iq",.OF IM~., ,- December 17, 2015'rfJIlJtt"il1·\'··

-ORDER-

UPON READING THE FOREGOING AFFIDAVIT:

~ IS HEREBY ORDERED THAT probable cause is found to charge the above namedDEFENDANT with the following charge(s).

__ IT IS HEREBY ORDERED THAT probable cause is not found to charge the above namedDEFENDANT with the following charge(s).

DATED THISI 0 day of__..:..:f£=BR.:.::..UA_RY •20~ at 7,'1.. ~ ~M.

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J STICE OF THE PEACEGALLATIN COUNTY, MONTANA