E-FILED

IN COUNTY CLERK'S OFFICE

PIERCE COUNTY, WASHINGTON

March 09 2018 9:17 AM

KEVIN STOCK
COUNTY CLERK

SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY

STATE OF WASHINGTON, CAUSE NO. 18-1-00928-8

Plaintiff,
vs. DECLARATION FOR DETERMINATION OF
MONTRELL TORMEL RED, PROBABLE CAUSE
(ADPC)
AKA
MONTRELL TORMELL
MONTRELL T RED
Defendant.
DOB: 01/27/1995

TIMOTHY F. JONES declares under penalty of perjury:

I am a deputy prosecuting attorney for Pierce County and I am familiar with the police report and/or investigation conducted
by the WASHINGTON STATE PATROL, incident number 18006465;

That the police report and/or investigation provided me the following information;

That in Pierce County, Washington, on or about March 8, 2018, the defendant, MONTRELL TORMEL RED, did
commit the crimes of Vehicular Homicide (three counts) and Failure to Remain at Injury Accident resulting in Death
(Felony Hit and Run - Death).
On the above listed date at approximately 2:14 a.m. Washington State Patrol (WSP) Troopers responded to the report of a
two car collision on southbound Interstate 5 (I-5), near the New York Avenue overpass, Pierce County, WA. While en
route, WSP Communications advised that one vehicle was on its top, blocking lanes 3 and 4 of Southbound I-5 and that the
second vehicle was leaving the scene heading southbound. A witness called 911 to report that she was following a gold
passenger car with front and rear damage, flat tires, and "debris hanging from the front of the vehicle." The witness
continued to follow the fleeing vehicle and lead WSP Troopers to what turned out to be a silver Nissan Maxima, which was
parked in the middle of Lake St SW, Lakewood WA. Troopers Beattie and Overend-Pearson arrived at that location and
found the driver, identified as the defendant, leaning into the driver's area of the vehicle. The witness informed Troopers
that the defendant was the sole occupant of the vehicle.
Communications advised the Troopers that three people inside the over turned vehicle at the collision scene were confirmed
deceased. Troopers Beattie and Overend-Pearson contacted the defendant and placed him under arrest. Trooper Beattie
reports the following:
"As I searched the defendant I located a small plastic bag in his right, top, jacket pocket. Inside the small plastic bag I located a
small white pill, that was consistent with Xanax. I located several rounds of hand gun ammunition. I read the defendant his
Constitutional Rights from my department issued card and he stated he understood. The defendant stated there was a hand gun
inside of the Maxima. I asked the defendant if he would give me consent to search the Maxima and he agreed. I told the

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE 1 of 3 Office of the Prosecuting Attorney

declaration.rptdesign 930 Tacoma Avenue South, Room 946
Tacoma, WA 98402-2171
Main Office (253) 798-7400
defendant he had the right to refuse, restrict, and revoke my search of the Maxima. The defendant stated he understood and
agreed to let me search the Maxima. The defendant stated the handgun was in the blue bag on the front passenger floor board.
I located a pink hand gun. Inside the blue bag I located two jars filled with marijuana."
Trooper Beattie noted the following observations of the defendant:
"The defendant's eyes were bloodshot and watery. The defendant's speech was slurred, slow, and raspy. I advised the
defendant he had been involved in a crash where three people had just died. The defendant stated, "I didn't mean to." The
defendant did not seem to comprehend that he had been involved in a serious collision. The defendant stated the Maxima was
his girlfriend's and he was trying to get the Maxima back to her house.
The defendant stated he last used Xanax approximately 2 hours prior. The defendant stated he had not used alocohol,
marijuana, or any other drugs today."
Trooper Beattie obtained a search warrant for blood draw. The defendant was transported to the hospital where the warrant
was served and two vials of the defendant's blood were obtained. The Washington State Toxicology Laboratory will analyze
the samples. Test results are pending.
Detectives responded to the collision scene. Based upon witness statements and physical evidence at the scene, the
defendant was driving a silver 2002 Nissan Maxima, registered to his girlfriend, entered southbound I-5 at Bridgeport Way
and as he attempted to make a lane change around a slower vehicle, he lost control. He crossed all lanes to the left and
struck a green 1999 Honda CR-V traveling southbound in the far left lane. The Honda was driven by Jaime V. Pelayo-
Pelayo. His two passengers were identified as Martin Rodriguez-Yanez and Sherry R. Rodriguez. WSP Detective Pratt
describes the collision as follows:
"The impact forced the Honda to the left, into the center concrete Jersey barriers dividing the north and southbound
lanes. The Honda rode up onto the top of the center barrier and struck the center bridge support column for New
York Ave. overpass. The Honda sustained massive damage and came to rest on its top in lanes 3 and 4 of the
southbound lanes under the New York Ave overpass. The force of the impact with the bridge support column tore
the entire engine away from the Honda. The engine came to rest in lane 4 of the northbound lanes. All three
occupants of the Honda were deceased at the scene.
(Defendant's) Nissan also struck the center barrier and came to rest several hundred feet south of the overpass. It
sustained damage to the front and rear. The rear plastic bumper guard was hanging loose and dragging on the
ground. It had at least one flat tire. (Defendant) failed to check on the occupants of the Honda. He turned his car
around and continued southbound. Witness (name deleted) drove past the wrecked Honda and then observed the
Nissan driving south from the scene in the right lane at 15 mph. (Witness), a Seattle PD dispatcher, observed fresh
and obvious damage all over the Nissan and she recognized it was attempting to flee the scene of the collision. She
followed (Defendant) in his Nissan and called 911 to provide locations. She said (Defendant) made several turns in an
attempt to lose her, but she kept the Nissan in sight. (Defendant) finally stopped and exited the car and attempted to
rip off the damaged rear bumper. Police arrived and took (Defendant) into custody."
Following the blood draw, the defendant was interviewed by Detectives Pratt and Bjorkman. Detective Pratt provides the
following summary of their discussion with the defendant:
"During the recorded interview (Defendant) admitted to smoking marijuana every day since he was 16. He also
stated on occasion he takes zanex with his marijuana to enhance his high. Specifically speaking about yesterday
Wednesday March 7 (Defendant) said he smoked marijuana when he woke up prior to leaving for work at 6am. He
said he left work around 645 and walked to his sister's house. He admitted to taking ½ a zanex pill before going to
his sister's house. When asked about how much marijuana he consumed (Defendant) said he smokes until he gets
high and then smokes throughout the day to maintain the high. He admitted to taking several doses of zanex
throughout the day, but was inconsistent in his timeline and had a hard time remembering what he took and when.
He joked, "Zanies make me forget things." (Defendant) said he started getting text's from his girlfriend around 7pm
asking where he was and why he wasn't home. He said the texts continued and became angrier in tone. He said the
last text was after 1am and he started driving home. He entered southbound I-5 from Bridgeport Way and the
collision occurred shortly after. (Defendant) said he received another text and was looking at his phone. He also
described a car ahead of him in the right lane and said he accelerated and steered left to go around it. (Defendant)
said he started spinning but did not know how he lost control. (Defendant) said he struck the other vehicle with the
left side of his vehicle and both vehicles continued to spin striking the concrete walls."
DECLARATION FOR DETERMINATION OF PROBABLE CAUSE 2 of 3 Office of the Prosecuting Attorney
declaration.rptdesign 930 Tacoma Avenue South, Room 946
Tacoma, WA 98402-2171
Main Office (253) 798-7400
 The defendant explained that after the collision he just wanted to get the car back to his girlfriend so it would not get
towed. He admitted that the right thing to do would have been to check on the people in the other car. He said he was
scared because he knew he did not have a license and that he had a warrant for his arrest. He said that he knew that if the
police arrived on scene, he would be arrested. Records check confirms the defendant does not have a valid license along
with a warrant for his arrest issued by Tacoma Municipal Court.
Follow up investigation regarding the quantity of marijuana found along with the status of the firearm recovered may result
in the filing of additional charges. Additionally, investigation into damages and injuries sustained in ensuing collisions with
debris at the scene may also result in the filing of additional charges.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT
THE FOREGOING IS TRUE AND CORRECT.
DATED: March 9, 2018.
PLACE: TACOMA, WA
/s/ TIMOTHY F. JONES
TIMOTHY F. JONES, WSB# 15928
Deputy Prosecuting Attorney

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE 3 of 3 Office of the Prosecuting Attorney

declaration.rptdesign 930 Tacoma Avenue South, Room 946
Tacoma, WA 98402-2171
Main Office (253) 798-7400