E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON August 03 2012 11:39 AM

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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. BRIAN LEE AUMICK, CAUSE NO. 12-1-02919-1

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant.

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HUGH K. BIRGENHEIER, 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 122150762; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about the 2nd day of August, 2012, the defendant, BRIAN LEE AUMICK, did commit the crime of Telephone HarassmentFelony. On August 2, 2012 officers of the Tacoma Police Department responded to the American Family Insurance Agency office in the 1900 block of North Pearl. The officers had been advised by their dispatch that a potential client had called in and threatened to kill everyone in the office. The officers found the Owner (Victim Wiley-Greenland). Victim Greenland told the Tacoma Police Department that she had received a call from the corporate office. The corporate office told Victim Greenland that the corporate office had received a call from the defendant. The defendant was upset about an insurance quote he had received earlier in the day. During the conversation with the corporate office the defendant had stated, There is a special place in Hell for Insurance Agents and what happened in Colorado is going to happen in your agency. The employees at the corporate office (in Wisconsin) took the defendants comments as a threat to kill the staff in Tacoma. Victim Greenlands son (Victim Hower) had spoken on the telephone to the defendant earlier in the day. At that time Victim Hower had given the defendant a quote for insurance. The quote appeared to be higher than the defendant expected. The defendant was upset with Victim Hower and then the defendant stated, So you guys are whores too. As the conversation ended the defendant stated, Youre mothers a whore Go fuck yourself. Since the corporate offices were closed. The corporate offices were going to send a copy of the recorded conversation to the Tacoma office. The employees at the corporate office who heard the threats had gone home for the day. Officers of the Tacoma Police Department went to the defendants house. The defendant was contacted and placed in custody. The defendant denied threatening anyone. The defendant then stated, They keep raising my insurance rates. When the officer told him that they said he was going to do something like Aurora the defendant replied, I did not threaten them. I said I wish someone should do 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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something like the Aurora shooting to them. I told them insurance agents should rot in hell.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: August 3, 2012 PLACE: TACOMA, WA

/s/ HUGH K. BIRGENHEIER HUGH K. BIRGENHEIER, WSB# 14720

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