E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON October 18 2012 12:32 PM

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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. SYLVESTER HALIBURTON, CAUSE NO. 12-1-03944-7

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant.

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HEATHER DEMAINE, declares under penalty of perjury:

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That I am a deputy prosecuting attorney for Pierce County and I am familiar with the police report and/or investigation conducted by the TACOMA POLICE DEPARTMENT, incident number 122890675; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about the 8th day of October, 2012, the defendant, SYLVESTER HALIBURTON, did commit the crime of Criminal Impersonation in the First Degree (sexually motivated) against L.C.; and on the 14th day of October, 2012, he did commit the crime of Criminal Impersonation in the First Degree and Unlawful Imprisonment against A.K. (both counts are sexually motivated). Count III (as to alleged victim, L.C.): On October 11, 2012, L.C., a known prostitute, contacted police and reported the following: On October 8, 2012, she contacted a male in a parking lot. She opened his car and when she went to close the door, the male displayed a badge and gun stating, Tacoma Police, get in the car, dont make a scene. L.C. got into the car believing he was actually an officer. The male began to talk on a small walkie talkie radio stating he need backup. The male said, I was gonna take you to jail, but I like you tonight. He then asked her where to find underage girls in the area. L.C. lied and told him she knew of underage girls and gave a location. The male also told her he was working with the MPs and he wont take you to jail if you give me a free blow job. When they arrived in the area where she told him underage girls were, L.C. got out of the car and fled. She has seen the male driving along Pacific Avenue multiple times and provided a description of the male, his car, and the license plate number (WA ACN1352). She also noted his car had a Department of Defense sticker on the windshield. Police contacted Ft Lewis MPs and obtained the defendants information via their vehicle data (register owner of car). Count I & II (as to alleged victim A.K.) On October 15, 2012, police contacted A.K. in the area of 9000 Pacific Avenue where she reported the following: On October 14, 2012, a male approached her in his car (license plate number WA ACN1352). He asked her if she needed a ride and she willingly got into his car. He asked her if she was working and she said yes. He agreed to pay her $80 for sex. The male pulled into an unknown parking lot. He told A.K. he was an undercover police officer and flashed a gold star shaped badge from his wallet. The male said he would call for backup if she gave him any problems. A.K. told him she did not believe he was an officer and to go ahead and call for backup which he never did. The male said they were working undercover looking for pimps and under aged prostitutes. A.K. opened the car door and threw some of DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -1
Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400

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her belongings out. The male grabbed both her wrists, pulled her back into the car, and told her to stay inside. A.K. tried to break free, but was unable to. She told the male she had several children and one had epilepsy. The male apologized and gave her $50 cash. He claimed he was looking for a pimp who raped his niece. As A.K. got out of the car, the male said if he wanted to hurt her he could. He then pulled out what appeared to be a black semi-automatic handgun. He let her get out of the car and he fled the scene. A.K. gave a description of the males clothing. She also gave police an identification card obtained from the male which identified the defendant via a US Army card. Police contacted the defendant at Ft Lewis. He was advised of his Miranda rights which he waived. He identified his car in the parking lot (same license plate number provided by L.C. and A.K.). The car was impounded. The defendant was arrested. On October 18, 2012, the undersigned deputy prosecutor learned form Detective Yenne that the defendants car was searched and they recovered various items inducing clothing matching the description provided by A.K.; a flashlight, two military challenge coins/badges, and the defendants cell phone. Per the detective, the defendant gave a recorded statement and said he gave a girl a ride, but he denied anything else happened. The State is awaiting receipt of all investigative reports and reserves the right to amend the information. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: October 18, 2012 PLACE: TACOMA, WA

/s/ HEATHER DEMAINE HEATHER DEMAINE, WSB# 28216

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -2

Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400