FILED 10/27/2021

Shirley Faust
CLERK
Missoula County District Court
STATE OF MONTANA
By: Maria
__________________
Cassidy
DC-32-2021-0000608-IN
1 MEGHANN PADDOCK Vannatta, Shane
1.00
Deputy County Attorney
2 KIRSTEN H. PABST
Missoula County Attorney
3 Missoula County Courthouse
Missoula, Montana 59802
4 (406) 258-4737
Attorneys for Plaintiff
5

7 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

8 STATE OF MONTANA,
Plaintiff, Dept. No ____
9 -vs- Cause No. DC-21-

10 ZABIHULLAH MOHMAND, MOTION AND AFFIDAVIT FOR

Defendant, LEAVE TO FILE INFORMATION
11

12 STATE OF MONTANA )
:ss
13 County of Missoula )

14 MEGHANN PADDOCK, Deputy County Attorney of Missoula County,

15 Montana, being first duly sworn, moves the Court for leave to file an Information
16 charging the above-named Defendant with allegedly committing the offense(s)
17
in Missoula County of COUNT I: SEXUAL INTERCOURSE WITHOUT
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CONSENT, a Felony, in violation of Montana law, namely: Mont. Code Ann. 45-
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5-503(1).
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The Motion is based upon the following facts which have been obtained
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from reports of the law enforcement officers which, if true, I believe, constitute
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MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

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1 sufficient probable cause to justify the filing of the charges. The facts from

2 those reports are as follows:

3
At about 4:15 am staff at the Residence Inn by Marriott downtown (125 N.
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Pattee St.) saw a young blonde female walk through the lobby visibly upset and
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crying and went outside. Staff member LH asked the female if she needed help.
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The female kept walking. Shortly after the female exited the lobby a male wearing
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a jean jacket, later identified as Defendant Zabihullah Mohmand, followed the
8

9
female outside and engaged in what LH thought was a verbal disturbance. LH

10 called hotel security, AW, who appeared and went outside. The male came back

11 into the hotel lobby and another male joined him.

12 At about 4:30 am, Jane Doe called 911 and reported that she had just
13 been raped. Doe disclosed that it happened in a fancy new hotel downtown, and
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that she met the man at the Badlander. Doe disclosed that the Defendant was
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continuing to try to call her. Doe disclosed that she had been drinking, and that
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she had left the hotel when the Defendant was not looking but he tried to follow
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her to stop her from leaving. Missoula Police Officers contacted Doe, who is
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eighteen (18) years old. Doe disclosed that she had gone to the Badlander with a
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20 group of friends and had met Defendant while at the Badlander. Defendant is

21 believed to be nineteen (19) years of age. Doe disclosed that she, a female

22 friend, Defendant and two other males she does not know left the bar looking for

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

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1 a house party. After learning that there was no party, Doe decided to return

2 home. Doe disclosed that Defendant asked her to go back to his hotel room, and
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she agreed. Doe told Defendant that she did not want anything to happen. Doe
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again told Defendant that she did not want anything when they arrived at the
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hotel room and that she went to sleep.
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Doe began to cry and said, “I just couldn’t get him off me,” and “I had sex
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with one of them, what was I suppose to do?” Doe disclosed that Defendant had
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not used a condom and had ejaculated but she was not sure where he

10 ejaculated. Doe felt that he “wasn’t going to let me leave.” Doe disclosed that

11 another male was in the room during the assault. Doe put her clothes on and left

12 the room then went outside to wait for her Uber. Doe disclosed that Defendant
13 followed her out and tried to stop her from going.
14
Doe’s friend “M” reported that she got a text message from Doe indicating
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that she was on her way back to the dorms. Doe then texted M “he tried to rape
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me” and “[M] I’m not okay.” M called Doe several times before Doe called her
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back and said, “they raped me.” M found Doe outside the dorms, and they called
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911. Doe told M that she went back to the hotel with Defendant and that she had
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20 called an Uber when Defendant was not looking, got dressed and left, leaving her

21 bra and socks behind in the room. Doe’s neck had significant bruising and red

22 marks on the sides of her neck. Doe disclosed that Defendant had been kissing

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

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1 her neck but that she does not usually get “hickies.” Doe disclosed that

2 Defendant had also held her to the bed by placing his hand around her neck and
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using force to do so.
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Defendant reported that he was visiting Missoula on a world-wide trip.
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Defendant confirmed that he had gone out downtown and met Doe and her
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friends. Defendant claimed that Doe liked him and wanted to spend more time
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with him and had invited him home with her. Defendant reported that before they
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got to Doe’s home, she remembered her “sister” was home, and Doe asked him

10 if she could come home with him. Defendant said he agreed and that when they

11 got to his hotel room they began to kiss. Defendant reported that Doe performed

12 oral sex on him, and he performed oral sex on her, then they had vaginal sex.
13 Defendant reported that this was consensual, and that Doe liked what he was
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doing and asked him to do it. Defendant said he did not use a condom but had
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“pulled out” and did not ejaculate inside Doe. Defendant reported that after he
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ejaculated, his roommate, J.S., told Doe to leave and she did. Defendant claimed
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that he stayed in his room and went to sleep, and Doe left. Defendant described
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Doe as “very” drunk, to such an extent she could not walk properly. Defendant
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20 admitted that there were marks on Doe’s neck from him kissing her. Defendant

21 claimed Doe wanted him very badly and was coming on to him.

22 Defendant denied that Doe had left anything in his hotel room. Defendant’s

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1 hotel room was searched, and Doe’s bra and socks were recovered.

2 Defendant’s roommate at the hotel, J.S., was interviewed. J.S. confirmed

3
that Defendant went out that night while J.S. stayed in their shared hotel room.
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Defendant returned with a female and Defendant and the female went into the
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bedroom. J.S. remained in the living room with his headphones on working on his
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laptop. J.S. reported that after about 20 minutes he felt uncomfortable with Doe
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being in their room and told Defendant, and then Doe that Doe should leave. J.S.
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reported that Doe got angry because he told her to “get out,” and that Doe left the

10 room with Defendant.

11

12 Bail was set in Justice Court at $50,000 and has not been posted.
13 DATED this 27th day of October, 2021.
14

15 /s/ Meghann Paddock______

MEGHANN PADDOCK
16
Deputy County Attorney
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18 SUBSCRIBED AND SWORN TO before me this 27th day of October,

2021.
19
NICHOLE KERCHER
20 (seAlAr PUBLIC for the
Tdte of Montana
Residing at Missoula, Montana NQfTARY PUBLIC F2fR STATE OF MONTANA
21
My Commission Expires
April 26, 2023

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