CAUSENO. 71DOS FA-'lW211

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1 ST. JOSEPH COUNTY SS: IN THE ST. JOSEPH SUPERIOR COURT CAUSENO. 71DOS FA-'lW211 VS. AUSTIN THADDEUS CLARK DOB: XX-XX INFORMATION IN TWO COUNTS~ 1:1' ~. COUNT I: ATTEMPTED MURDER, c." cij " CLASS A FELONY JUN t:.',. COUNT II: BURGLARY, ' CLASS A FELONY St '0 I, 'Se 1Jh SUP8rio' Clerk.rCOurt COUNT I KENNETH P. COTTER, upon information and belief, affirms under the penalty of perjury that: On or about the 21th day of June, 2014, in St. Joseph County, State of Indiana, AUSTIN THADDEUS CLARK, with the intent to commit the crime of Murder, did stab Bruce Swope, which act constituted a substantial step toward the commission of the crime of Murder, that is, killing another person. All of which is contrary to the form of the statute in such cases made and provided, to wit: Indiana Code and (1, and against the peace and dignity of the State of Indiana. perjury that: COUNT II KENNETH P. COTTER, upon information and belief, affirms under the penalty of On or about the 21st day of June, 2014, in St. Joseph County, State ofindiana, AUSTIN THADDEUS CLA:RK did knowingly break and enter the building or stmcture of another person, to-wit: Bruce Swope located at.quincy Road, North Liberty, Indiana, \vith the intent to

2 commit a felony, to-wit: theft, that is knowingly exerting unauthorized control over another's property with the intent to deprive the person of its value or use, and in doing so caused serious bodily injury to another person, to wit: protracted impairment of his eyesight. All of which is contrary to the form of the statute in such cases made and provided, to wit: Indiana Code , and against the peace and dignity of the State I affirm under the penalties for perjury, that the foreg0ytg representations are true. ETH P. COTTER CHIEF DEPUTY PROSECUTING ATTORNEY Probable cause found. Arrest warrant ordered issued~nd set at $ lp c C',OD ~ Corporate surety or $ IvcJ, 0ocr- cash in lieu thereof, so found this day the n day of June, 2014, at "J:.J.r A~ JUDlJE, ST. JOSEPH SUPERIOR COURT WITNESSES: Bruce Swope Det. Regis Thimons, SJCPD Det. Cynthia Guest, SJCPD Det. Lance Anderson, SJCPD Sheriff Mike Grzegorek, SJCPD Eric Tamashasky, SJPCD Det. Phil Williams, SJCPD Randall Clark Dianna Komon Susan O'Connor Medical Personnel Det. Steve Metcalf, SJCPD Ofc. Kyle Slater, SJCPD Ofc. Tony Gish, SJCPD Ofc. Tony Bradburn, SJCPD :JJ (Vv.-, +,'l",k J~e~J (.- -V{,.J..jfpb/klr-; (; ~ ~ ~g'l..i1} ~ ~I C L 0 c, 0 L-,l '- I Jj 1.,-';,.. t; " -rl.p,. tlj- \J. h'"1..f> U 0. ot 00 I"JY' -r,/ -, ~ C V fv'-i/a... ia.

3 Ofc. Ray Warren, SJCPD Ofc. Earl Wigfall, SJCPD Ofc. Tony Jozaites, SJCPD Lab Personnel Ofc. Gerry Ratkiewicz, SJCPD Chief Bill Thompson,SJCPD Ofc. Jini Rutkowski, SJCPD Apple Personnel

4 ST. JOSEPH COUNTY VS. AUSTIN THADDEUS CLARK DOB: XX-XX-1996 that: SS: IN THE ST. JOSEP.~HU DPERIOR COURT CAUSE NO. 71DO.-1L-1406-FA-~' ~, I:: SUPPLEMENTAL AFFIDAVIT IN II:.~ SUPPORT OF PROBABLE CAUSE t/(;j,... ~ I "'.' I t~l(j. & l. cia. 'It, ~eph Slip' 19l1or C1er,f- Cynthia Guest, upon information and belief, affirms under the penalties for perjury, states COllrt I am a police officer with the St. Joseph County Police Department where I have been employed for the past twenty years. I am currently assigned as a detective where I investigate home invasions and shootings. I was assigned to investigate the burglary and shooting of Bruce Swope that occurred on June 21, I make this affidavit based upon.my own personal knowledge and information gained from other law enforcement officers. All events occurred in St. Joseph County, Indiana. On June 21, 2014, at approximately Department were dispatched to the 2:30 am, officers with the St. Joseph County Police of Quincy Rd. in reference to a man shot. When officers arrived, they found Bruce Swope suffering from an obvious gunshot wound to his face. One eye was swollen shut. Hehad blood streaming down his face. He was immediately transported to Memorial Hospital for the injury to his eye. He remained in the hospital for two (2 days. He has permanent vision loss in one eye. I interviewed Mr. Swope prior to his surgery. Mr. Swope advised me that earlier in the evening, he had left his sliding glass door unlocked and thereupon went upstairs to his bed. He later was awoken by a young male white man striking him on the head, whom he did not know

5 and had not given permission to enter his home. He told me that he then struggled with the assailant (later identified as AUSTIN CLARK. He stated that he then grabbed his handgun in his nightstand next to his bed and pointed it at AUSTIN CLARK. Fearing that other intruders were in the home, Mr. Swope walked thru the house checking for anyone else. He found no one. He then grabbed his cell phone to call the police and went back upstairs where he had left AUSTIN CLARK. Mr. Swope stated that when he got up the stairs, he saw AUSTIN CLARK pointing a shotgun at him. He stated that AUSTIN CLARK then shot him (Bruce Swope in the face. Mr. Swope stated he then returned fire and fled back down the stairs and out the home. Mr. Swope stated that he then called 911 and heard AUSTIN CLARK flee his home. Officers then searched the home of Mr. Swope. They found an IPOD that did not belong to Mr. Swope. After obtaining the serial number from the IPOD, officers obtained a search. warrant to determine the owner of the IPOD. Ultimately, I was able to determine that the IPOD was owned by AUSTIN CLARK. AUSTIN CLARK eventually came down to the detective bureau with his guardian. After advising him of his rights and giving them meaningful time to consult, AUSTIN CLARK and his guardian agreed to speak with me. Initially, AUSTIN CLARK denied that he was even at the home. Eventually, however, AUSTIN CLARK admitted to breaking into the home of Mr. Swope. He told me that he did not know Mr. Swope. Instead, he stated that the reason that he pickedthis home was because it was isolated and thought it was an easy place to break into. He stated that he went to the side of the home and saw a sliding glass door. Thru the glass he saw the homeowner. He stated that he waited until the homeowner went to bed.

6 After observing the homeowner go to bed, AUSTIN CLARK stated thathe entered the sliding glass door and took cigarettes. Not satisfied, AUSTIN, CLARK He then left the home. stated he came back to the home, this time taking alcohol. AUSTIN CLARK stated that he then left again. After leaving the 2 nd time, AUSTIN CLARK then decided to return to the home a 3 rd time, "to do something stupid", but wasn't sure what that would be. Taking two (2 screwdrivers with him, AUSTIN CLARK stated he re-entered the home. He stated he then satin a chair, smoldng, deciding what he would do. At some point, he then started to go up the stairs to the bedroom of the homeowner. While going up the stairs, he saw a shotgun on the landing and loaded it. He then went into the bedroom and saw Mr. Swope sleeping. AUSTIN CLARK stated that he put the shotgun down and then stood over the sleeping body of the homeowner for a number of minutes, contemplating what to do. He stated that he thought to himselfhe could leave now and everything would be fine, or he could kill him. AUSTIN CLARK stated that he decided he would just kill the homeowner. He therefore stabbed the homeowner in the head twice with a screwdriver. AUSTIN CLARK stated that Mr. Swope woke up and they struggled until Mr. Swope retrieved a handgun and pointed it at him. AUSTIN CLARK stated that the homeowner was afraid there may have been others around. He stated that the homeowner went downstairs to look for anyone else. When the homeowner left the room, AUSTIN CLARK stated that he (AUSTIN CLARK retrieved the shotgun that he had put down previously. AUSTIN CLARK stated that when the homeowner came back upstairs, he shot atthe homeowner. AUSTIN CLARK stated he then fled the home.

7 In searching the history of AUSTIN CLARK, I find that he has little ties to St. Joseph County. AUSTIN CLARK is from Kentucky and only moved here with his guardian a few weeks ago. I therefore believe he is a high flight risk. AUSTIN CLARK also advised me that he has had homicidal thoughts in the past. He also told me that he if didn't get what he wanted from Mr. Swope's home, he had would go to another home he had already picked out. Therefore, I also believe that he is a danger to the community. THE STATE IS THEREFORE ASKING THAT BOND BE SET IN THE AMOUNT ONE MILLION DOLLARS CORPORATE SURETY OR ONE HUNDRED THOUSAND DOLLARS CASH. I affirm, under the penalties for perjury, that the foregoing representations r~ C THIAGUEST are true.

) ) SS: ) KENNETH P. COTTER, upon information and belief, affirms under the penalty of peijury

) ) SS: ) KENNETH P. COTTER, upon information and belief, affirms under the penalty of peijury STATE OF INDIANA ST. JOSEPH COUNTY SS: 'I' #... f. -I.,...... 4: '. 4c "