****

FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

9=.,in, urn i nULPC

B/F 10/15/1994
WARRANT' i. \"

Broward Sheritl's Office

Case #11-191 0-002099

32. 060.3AAO
IN THE COUNTY COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

STATE OF FLORIDA,
Plaintiff, :

VS.
DJ-67 54 FE
WARRANT TO ARREST

E1
-
e

L
C

N
Crl
C W CJ
CO
-O
Gertrude Desir -I
M
Black/Female, DOB 10/15/1994 Defendant, : r W X1
X' c.n -Il
77

IN THE NAME OF THE STATE OF FLORIDA, TO ALL AND SINGUL? THE

SHERIFFS AND CONSTABLES OF THE STATE OF FLORIDA

WHEREAS, Detective Mike Rogue #10368, of the Broward Sheriff's Office County of
Broward, State of Florida, has this-day of A.D. 2022, made application for an Arrest
,

Warrant via electronic means pursuant to F.S. 901.02(3), said application being supported by the
General Affidavit for an Arrest Warrant, wherein it is alleged that the Affiant has reason to believe
and does believe that one Gertrude Desir, Black, Female, DOB 10/15/1994, did then and there:

COUNTI

AGGRAVATED MANSLAUGHTER OF A CHILD

On the 7th day ofOctober, 2019, did unlawfully and by culpable negligencecause the death of
REDACTED a person under 18 years ofage, to wit: Gertrude Desir, [B/F, DOB 10/15/1994]whilebeing a
an infant child
caregiver REDACTED REDACTED years-old, failed or omitted to REDACTED with the
care, supervision, and services necessary to maintain the physical and mental health of REDACTED
including but not limited to, supervision, medicine, and/or medical services that a prudent person
would consider essential for the well-being REDACTED , and as a result ofsuch culpable REDACTED
did languish and die from a Iethal intoxicationof Fentanyl and DespropionylFentanyl (4-ANPP),
contrary to Sections 782.07(3) and 827.03(2)(b) ofthe Florida Statutes. (Ll 0)

Page 1 of3
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

ARREST WARRANT . I

Broward Sheriffs Office

Case #11-1910-002099

COUNT II

POSSESSION OF A CONTROLLED SUBSTANCE (FENTANYL)

On the 7th
day of October, 2019, Gertrude Desir, [B/IF, DOB 10/15/1994],did have in her
actual or constructive
possession a controlled substance, to wit: Fentanyl contrary to Sections
893.03(2)(b)9and 893.13(6)(a)of the Florida Statutes. (L3)
COUNT I[[

POSSESSION OF A CONTROLLED SUBSTANCE (COCAINE)

On the 7h
day of October, 2019, Gertrude Desir, [B/F, DOB 10/15/19941,did have in her
actual or constructive possession a controlled substance, to wit: Cocaine contrary to Sections
893.03(2)(a)4and 893 13(6)(a) of the Florida Statutes. (L3)

COUNT IV

USE/POSSESSION OF DRUG PARAPHERNALIA

On the 7th
day ofOctober, 2019, Gertrude Desir, [B/F, DOB 10/15/1994],did have in her
actual or constructive possession with intent to use, drug paraphernalia,to wit: scale(s) and/or plastic
baggie(s), and/or empty pill capsule(s) used to prepare and/or store, ingest, inhale, or otherwise
introduceinto the human body, a controlled substance, contrary to Section893. /47(1) ofthe Florida
Statutes.

th
On the 7day of October, 2019, did unlawfullyand by culpable negligencecause the death of
REDACTED person under 18 years of age, to wit: Gertrude Desir, [B/F, DOB 10/15/1994] while being a
a

caregiver REDACTED an infant child

REDACTED years-old, failed or omitted to REDACTED with the
care, supervision, and services necessary to maintain the physical and mental health of REDACTED
including but not limited to, supervision, medicine, and/or medical services that a prudent person
would consider essential for the well-beingREDACTED and as a result ofsuch culpable REDACTED
did languish and die from a lethal intoxicationof Fentanyl and Despropionyl Fentanyl (4-ANPP).

The offense set forth in the foregoing Warrant is contrary to the statute in such case made and
provided,and against the peace and dignity ofthe State ofFlorida. Attachedhereto and made a part
hereofby incorporation is the affidavitexecuted by Detective Mike Rogue #10368 Affiant herein,

THESE ARE, THEREFORE, to command you forthwith to arrest the said Gertrude Desir,
B/F, DOB 10/15/1994 and bring her before me to be dealt with according4615W.

1Ji*iW420ermy hand and seal the 12 day of JMAD. 2022.

?8855?EJRB.JS?nYD? THE HONORABLE JUDGE S-ROSS
JUDGE OF THE COUNTY COURT

'
nx

Page 2 of 3

,.
 ****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

ARREST WARRANT NG , t 9 IL ; r< } 31 W A

Broward Sheriff's Qffice

,
Case #11-1910-002099

RECEIVED the Warrant on the 13 IN THE COUNTY COURT OF THE SEVENTEENTH

JUDICIAL CIRCUIT, ]N AND FOR BROWARD COUNTY,
FLORIDA
Day ofjuly ,2022
and executedthe same on the
Day of 2022
by arresting the
,

within-named Defendant and having her STATE OF FLORIDA

now before the Court

VS.

DEFENDANT

Gertrude Desir, B/F, DOB 10/15/1994

5'6" 160lbs SSN: REDACTED
LNA: 352 SW 2nd PL. #3, Pompano Beach, FL.
ARREST:
RETURN: WARRANT TO ARREST
MILEAGE:
COMMITMENT:
RECOMMITMENT' -

RELEASE:
TOTAL:
SHERIFF

BOND as to Count lis hereby fixed at $ No bond

BOND as to Count II is hereby fixed at S 2,500

BOND as to Count III is hereby fixed at $
2,500

BOND as to Count [V is hereby fixed at $

100

RETUN DATEa on this B<arent to be not later

'D
P-----ICEE
+Mmy8 -

THE HONCAEABLk JUDGE ROSS

Judge of the County of Broward Court i.pi#
=k/#-i 17TH C71

RGP (JUDICIAL) LRZ

Page 3 of 3
Y@./ERCU/,
REV AB I I/22/19

EMAE.ICGO
 ****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

GENERAL AFFIDAVIT & APPLICATION FOR ARREST WARRANT

Broward Sheriff'sOffice
Cage.# ! I-1910-002099
.7
2. CLCAZF-1-J
IN THE COUNTY COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA

STATE OF FLORIDA,
Plaintiff :

VS.

AFFIDAVIT TO ARREST

i.RRYI

Gertrude Desir
Blaek/Female, DOB 10/15/1994 Defendant:

undersigned Affiant, Detective Mike Rogue #10368 of the Broward Sheriff's Office, County
The
of Broward, State of Florida, hereby submits this affidavit and application for arrest to the
Honorable Judge of the County Court of the Seventeenth Judicial Circuit in and
,

for Broward County, State of Florida.

This affidavit and

application is hereby electronically submitted bearing your Affiant's signature
supported by oath or affirmation in compliance with F.S.
901.02(3), in which the Affiant deposes and says
that on or about the.lib day of October of 2019, in the County and State aforesaid, one Gertrude Desir,
[B/F, DOB 10/15/1994] did then and there:

COUNTI

AGGRAVATED MANSLAUGHTER OF A CHILD

On the 7th day of October, 2019, did unlawfully and

by culpable negligence cause the death of
REDACTED a person under 18 years of age, to wit: Gertrude Desir, [B/F, DOB 10/15/1994] while being a
caregiver to REDACTED an infant child approximately REDACTED failed or omitted to provide REDACTED with the
care, supervision, and services necessary to maintain the physical and mental health of REDACTED including but
not limited to, supervision, medicine, and/or medical services that a prudent REDACTED would consider
essential for the well-being REDACTED , and as a result of such culpable negligence did languish and die
from a lethal intoxication of Fentanyl and Despropionyl Fentanyl (4-ANPP), contrary to Sections
782.07(3) and 827.03(2)(b) of the Florida Statutes. (LJO)

1 of 7
Page
RrV AM 7/l 3/22
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

GENERAL FOR ARREST WARRANT

Broward Sheriff's Office
Case # 11- I 910-002099 (, 2

COUNT II

POSSESSION OF A CONTROLLEDSUBSTANCE (FENTANYL)

On the 7th day of October, 2019, Gertrude Desir, [B/F, DOB 10/15/1994], did have in her actual
orconstructive possession a controlled substance, to wit: Fentanyl contrary to Sections 893.03(2)(b)9and
893.13(6)(a)of the Florida Statutes. (L3)
COUNT III

POSSESSION OF A CONTROLLED SUBSTANCE (COCA[NE)

7'h day of October, 2019, Gertrude Desir, [B/F, DOB 10/15/1994],did have in her actual
On the
or constructive possession a controlled substance, to wit: Cocaine contrary to Sections 893.03(2)(a)4 and

893.13(6)(a)of the Florida Statutes. (L3)

COUNT IV

USE/POSSESSIONOF DRUG PARAPHERNALIA

On the 7lh
day of October, 2019, Gertrude Desir, [B/F, DOM 10/15/1994],did have in her actual
or constructive possession with intent to use, drug paraphernalia, to wit: seale(s) and/or plastic baggie(s),

and/or empty pill capsule(s) used to prepare and/or store, ingest, inhale, or otherwise introduce into the
human body, a controlled substance, contrary to Section 893.147(1) ofthe Florida Statutes.

GROUNDS FOR ISSUANCE

The following grounds constitutethis Affiant's reason for his belief that the laws of the State of
Florida were violated as stated above and the facts establishing the grounds for this affidavit and the
probable cause for believingthat such facts exist are as follows:

AFFIANT OUAL1FICATIONS

YourAffiant, Detective Mike Rogue #10368, has been a sworn Law Enforcement Officer in the
State of Florida for over twenty (20) years with the Broward County Sheriffs Office as a Deputy Sheriff.
Your Affiant has over twelve (12) years of criminal investigationsexperience.

Your Affiant is currently assigned to the Broward Sheriffs Office Homicide Unit and has
participated in numerous homicide investigations. Moreover, pursuant to Florida Statute Section 39.001
et al., law enforcement agencies are duty bound to investigate the circumstances surrounding the death of
an otherwise healthy child. On or about October 7, 2019, your affiant was assigned to
investigate the
suspicious circumstances surrounding the death of F.L., an otherwise healthy two (2) year old child.
Your Affiant believes and has probable cause to believe that the listed subject committed a crime
against the victim in this case as stated below.

Page 2 of 7

RIV AI] 7/13/22

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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

GENERAL AFFIDAVIT & APPLICATION FOR ARREST WARRAN'I't I y? '

PIN.:
Broward Sheri ffs Office
Case # 11-1910-002099

PROBABLE CAUSE

The suspect, Gertrude Dcsir (27-years-old),is the biological mother REDACTED year-old victim,
REDACTED They lived in a one-bedroom apartment with the suspects grandmother, REDACTED

(65-years-old), at REDACTED in the confines of Pompano Beach.

7'h, 2019, at approximately 10:09 pm, BSO Deputies and Pompano Beach
On Tuesday October
Fire Rescue personnel responded to the above-mentioned location in reference to an REDACTED

year old boy. The victim, idenlified iii Lhis affidavil as REDACTED was discuvcied lying ill bed, umesponsive
and not breathing by his mother, Gertrude Desir, who called 911. When police arrived, they observed the

baby unresponsive on the living room floor. The baby was transported by Fire and Rescue to REDACTED
REDACTED where he was pronounced dead at approximately 11:11 pm by attending physician Dr.

Delgado.

The scene was secured and the victim's mother and grandmother,identified REDACTED were

waiting to be interviewed. Subsequently, Homicide, Crime Scene and Child Protective Investigations
Units were notified. The Deputies interactions with the witnesses were captured on body worn camera.

Wednesday October gth, 2019 at approximately 12:05am, your Affiant arrived at Imperial Point
On

Hospital in Fort Lauderdale and met BSO Crime Scene Detective Danny Krystyan and we conducted an
external examination of the victim's body. The victim was cool to the touch, no signs of external trauma
or injury were observed. Your Affiant spoke with Dr. Delgado who reported that the victim appeared to

have food in his mouth, which was later identified as peanut brittle, but that the victim's airway was clear
of any obstruction. Dr. Delgado further stated that the victim's abdomen was distended and his diaper was
full offeces.

Your Affiant called

Investigator Wendy Crane with the Broward Medical Examiner's Office and
informed her of the circumstances surrounding this death investigation. Investigator Crane stated that she
would be taking jurisdiction over the victim's body and he would be transported to her facility for a

postmortem examination.

approximately 12:30 am, Your Affiant arrived at the victim's residence and spoke with Deputy
At
Curran who provided me with a summary of the events. Deputy Curran stated that the victim's mother,
Gertrude Desir, stated that she was eating peanut brittle REDACTED while lying in bed together. Desir stated
that she noticed REDACTED had fallen asleep in their bed. Desir stated that she left REDACTED unattended in their bed
and she left the residence, Desir stated that she returned later and discovered REDACTED unresponsive in bed.

Your Affiant met with Child Protective Investigator Morgan Cundle who reported that Gertrude
Desir had previous child neglect investigation involving the decedent and his older sibling, REDACTED year-
old REDACTED as a result of REDACTED testing positive for marijuana at birth. The suspect, Gertrude Desir, had also

Page 3 of 7

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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

i.hi \., A INOENERAL AFFIDAVIT & APPLICATION FOR ARREST'W'ARRANT

Broward Sheriff's Office
Case #ll -' 9'O-002099

testedpositive for cocaine and marijuana, and admitted to using marijuana a month before she gave birth
but denied using cocaine. Investigator Cundle further stated that Gertrude Desir was warned during the
previous investigationthat she needed to "stay clean" in order to keep custody of her children.

Your Affiant then met with Crime Scene Detective Krystyan and conducted a walkthrough of the
crime scene. Your Affiant observed a one-bedroom unkempt apartment with a bed situated in the living
room where the suspect's grandmother, REDACTED reported sleeping. Your Affiant observed numerous

plastic bags in the kitchen area that contained wafers of peanut brittle similar to what was found in the
victim's mouth.

In thebedroom, which the suspect shared with the victim, your Affiant observed clumps o f peanut
brittle on the bed and floor, and a torn plastic bag on the bed which appeared to be the same bags observed
in the kitchen containing peanut brittle. Your Affiant further observed an open closet in said bedroom full
of children's clothes and toys, and various other items including two 3-drawer plastic organizers stacked
on
top of each other. Inside oneplastic drawers that was open and unsecured was a black plastic
of the

bag, a cardboard Louis Vuitton box, and a plastic bag containing numerous empty pill capsules. Inside of
said plastic bag were two clear plastic baggies containing a white powdery substance, a plastic bag

containing brown rocks, and a package of small empty baggies. In addition, there were several loose pill
capsules and more white powder observed on the bottom of the Louis Vuitton box. The above-mentioned
suspected narcotics were in plain view and easily accessible. A mini scale, a plastic baggie containing
several white pills, and a plastic baggie containing several blue pills were also recovered from the scene.

Moreover, based upon your Affiants training and experience, the above-mentioned items of drug
paraphernalia are consistent with drug trafficking and/or distribution.

Your Affiant met with the victim's mother, Gertrude Desir, and obtained a sworn digitally
recorded statement. Desir stated that she has resided at this location for approximately one
year with her
children, REDACTED REDACTED REDACTEDyear-old REDACTED and her grandmother,REDACTED Desir stated
that infant REDACTED was staying with her other grandmother and was not present during this incident. Desir
described REDACTED as a very independent and active child, that he was capable of moving fumiture, climbing
on top of furniture, and able to open drawers and get his own food. Desir reported that earlier that day,

REDACTED was in the bed with her eating peanut brittle until they took a nap, that she woke up at approximately
8:OO pm, when her mother had.just gotten home from work and that she REDACTED lying face down
on the bed
sleeping. Desir then left the residence and went out with a friend for a couple of hours. Desir
stated that when she returned home she found the victim lying in the same position on the bed, he wasn't

moving. When she tried to wake him, she noticed that he wasn't breathingand called 911.

approximately 2:06 am, I interviewed Marie Desir and the entire conversation was captured on
At

Deputy Joseph Reynold's body worn camera and translated from Creole to English by Deputy Lamisere.
Marie Desir stated that she works at McDonalds in Pompano Beach and that her shift today was 10:00 am
to 6:30 pm. She stated that she returned home from her shift at approximately 7:15 pm and saw REDACTED in

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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

GENERAL AFFIDAV]T & APPLICATION FOR ARREST WARRANT

Broward Sheriff's Office 1f

Case # 11-191<P-002099' : fl

the bedroom asleep on the bed with Gertrude. She did not know if Gertrude was
asleep but she saw peanut
brittle in the bed, so she cleaned it up. REDACTED stated that she then went to sleep in her bed in the living
room. At approximately 10:00 pm, she was awakened by Gertrude REDACTED wasn't breathing. She told
Gertrude to bring the child to her so she could check and then began giving him chest compressions. REDACTED
further stated that she was not aware that the suspect left the residence or that REDACTED was left unattended in
the bedroom as she was asleep in the living room the entire time.

At approximately 2:40 am, Your Affiant along with CPIS InvestigatorMorgan Cundle conducted
a follow-up interview with Gertrude Desir which was captured on Deputy Kevin Reed's body worn

camera. The suspect admitted that there were drugs in the house including heroin capsules and white
powder. The suspect claimed that since she moved into the apartment she would find drugs in random
places that she would then collect and store in a box in the bedroom closet. She further claimed that the
drugs did not belong to her, that they were unsecure in plain view which she described as "just right there
in the closet.

Investigator Cundle then requested Gertrude Desir to provide a urine sample for an on-site
narcotics test which she agreed to. Moments later, InvestigatorCundlc conducted the on-site narcotics test
and Desir tested positive for opiates and cannabis. When asked why she kept the narcotics in her home,
Desir stated, "It's not mine but you can take it." Desir then escorted Your Affiant into the bedroom where
she identified the narcotics inside the closet. The above-described narcotics and paraphernalia were

voluntarily surrendered by Gertrude Desir to Your Affiant and subsequently placed into evidence.

On October 8, 2019, at approximately 8:15 am, an performed on REDACTED by Dr. Teddi

autopsy was

Tubre. Dr. Tubre reported that there were no signs of external trauma or injury observed and that the cause
and manner o f death were pending additional testing, including a complete toxicology analysis.

On January 15th 2020, Dr. Tubre called your Affiant and that the
toxicology results
reported
indicated that the victim had extremely high lethal levels offentanyl in his system. In addition to
fentanyl,
postmortem toxicology findings were positive for despropionyl fentanyl (4-ANPP) (which is a synthetic
precursor to illicit fentanyl), norfentanyl (an inactive metabolite of fentanyl), cocaine and cocaine
metabolites (benzoylecgonineand ecgonine methyl ester), and morphine.

In February of 2020, Your Affiant obtained the narcotics recovered from the suspect's bedroom
from the evidence unit and submitted them to Chief Toxicologist, Dr. Gary Kunsman, at the Broward

County Medical Examiner's Office for comparison testing.

In March of 2020,
toxicological analysis of the narcotics recovered from the suspects bedroom
were
completed which tested
positive for cocaine, benzoylecgonine, ecgonine methyl ester, fentanyl,
levamisole,monoacetylmorphine(unique metabolite of Heroin), lidocainc, and caffeine. Dr. Tubre further
informed your Affiant that the narcotics recovered from the scene matched the narcotics found in the

Page 5 of7

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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

GENERAL AFFIDAVIT& APPLICATION FOR ARREST WARRANT

Broward Sheriff's Office
Case # 11-1913-002099

victim's system at autopsy. The final autopsy report indicated that the victim's Cause of Death was

Fentanyl and Despropionyl Fentanyl Intoxication and the Manner of Death was ruled a homicide.

While the final autopsy results were pending, your Affiant attempted to conduct a follow up
interview with Gertrude Desir with negative results. Your Affiant also spoke with Investigator Morgan
Cundle who stated that Gertrude Desir has avoided all CPIS follow up investigations involving victim
REDACTED and her other child, REDACTED and that she has not participated in any visits with said REDACTED who had been

placed in kinship foster care.

In May of 2021, Your Affiant obtained the baggies of peanut brittle recovered from the suspects
kitchen and bedroom from the evidence unit and submitted them to Chief Toxicologist, Dr. Gary
Kunsman, at the Broward County Medical Examiner's Office for additional testing. The toxicological

analysis of said peanut brittle was negative for controlled substances.

In March of 2022, Your Affiant conferred with Dr. Kunsman regarding the above-mentioned
toxicology results. Dr. Kunsman reports that there were positive findings of fentanyl in the victim's urine,
blood, and gastric specimens, includinga 21 ng/ml concentration in the victim's bloodand a concentration
of 1.6 mcg in the victim's gastric contents. Dr. Kunsman advised that the therapeutic levels for fentanyl
in an adult are 1 -3ng/ml, a concentrationof 3 nghnl and higher is lethal in an adult.

Based on Your Affiant's investigation, witnesses' testimonies, physicalcollected,

evidence

coupled with the Broward Medical Examiner's determination, Your Affiant believes that he has probable
cause to show that Gertrude Desir committed aggravated manslaughter of a child contrary to F.S.

782.07(3) and related drug charges.

STATUTES BEING VIOLATED

COUNTI

AGGRAVATED MANSLAUGHTER OF A CHILD

F.S. 782.07(3)

COUNT II

POSSESSION OF A CONTROLLED SUBSTANCE (FENTANYL)

F.S. 893.03(2)(b)9 and 893.13(6)(a)

COUNT III

POSSESSION OF A CONTROLLED SUBSTANCE (COCAINE)

F.S. 893.03(2)(a)4 and 893.13(6)(a)

Page 6 of 7
REV AB 7/13/22
 ****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/15/2022 9:09:54 AM.****

GENERAL AFFIDAVIT & APPLICATIONFOR ARREST WARRANTi'1' k AIPI

,

Broward Sheriff's Office

Case # tl -191(D-002099

COUNT IV

USE/POSSESSIONOF DRUG PARAPHERNALIA

F.S. 893.03(2)(a)4

As result, thc undersigned Affiant has probable cause to believe that GertrudeDesir, [BN, DOB
a

10/15/19941, committed Aggravated Manslaughter of a Child contrary to F.S. 782.07(3) and related
charges contrary to F.S. 893.03.

The offenses set forth in the foregoing Affidavitare contrary to the statutes in such case made
and provided, and against the peace and dignity of the State of Florida. This affidavit is hereby
submitted bearing your Affiant's signature supported by oath or affirmation in compliance with
F.S. 901.02.

I, Detective Mike Rogue #10368, having been duly sworn, say that the facts contained herein,
are knowledge, information and belief.
true and correct to the best of my

10368
Oet Mike Rogue OCN

AFFIANTBETE CT-tm.&.10368
BROWARD SHERIFF'S OFFICE

The foregoing instrument was duly sworn to and subscribed before me this 12 day ofJuly 2022,
by Detective Mike Rogue #10368 who is personally known to me or who has produced (ID) as
identification and who DID take an oath.

Officer Administering the Oath (Signature 1-12590,TS

Oct. T. Claravlno, 1*n#

Officer Administeringthe Oath (Printed Name)

ATRUE COPY
Page 7 of 7

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