SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CRIMINAL DIVISION UNITED STATES VS. EVAN PRELLER; ARTHUR ANDREW ZALOGA; WILLIAM JOSEPH SPIELER; REGINALD TUTHMOSIS PHILLIPS; DARRYL CARTER Police also located a witness, referred to herein as “W-2.” W-2 reported that it was located near W-1 when it saw Mr. Mohammed walk by carryirig what appeared to be two bricks. ‘W-2 asked Mr. Mohammed what he intended to do with the bricks; Mr. Mohammed responded ‘that he was going to “fuck those people up.” W-2 watched Mr. Mohammed walk across U Street and, moments later, heard the sound of shattering glass. : “Mohammed running back towards it, being chased by five individuals. W-2 watched defendant Preller catch the victim and throw him to the ground. W-2 initially reported that it saw defendant Preller hold the victim on the ground while defendants Carter, Zaloga, Spicler and Phillips kicked and stomped the victim, W-2 later stated that it was not certain what role Carter, Spicler and Phillips played in the incident because it walked away for a moment during the assault. W-2 added that it could not rule out that Carter, Spieler and Phillips assaulted the victim. ‘The responding officer observed all the defendants at the scene. Police officers later observed dried blood on the victim’s face, and one officer observed swelling to the victim's head. ‘The District of Columbia Office of the Chief Médical Examiner has begun to conduct an autopsy; the results are pending. The OCME did not observé external injuries sufficient to allow it to opine on the cause of death. This matter is continuing to be investigated as a homicide by the Metropolitan Police Department. - Based on the foregoing, the undersigned affiant affirms that probable cause exists to charge the defendants with aggravated assault. ‘The events and acts deseribed above occurred primarily in the District of Columbia and ‘were committed as described by defendant(s) listed in the case caption. Subscribed and sworn before me this 16 day of October, 2010 William Covington vcB C4 Police Officer Badge District ee Clerk phe Q2-1399 Page 2 of 2