STATE OF MAINE UNIFIED CRIMINAL COURT ANDROSCOGGIN COUNTY, ss. ‘CRIMINAL ACTION DOCKET NO. _\S_232\ STATE OF MAINE ) ) ) PROBABLE CAUSE AFFIDAVIT IN ) SUPPORT OF ARREST OF GAGE DALPHONSE, GAGE DALPHONSE, ) [MRUCRIMP 4A (&)Q2) inital determination of probable cause ] ‘TO: Any Judge of the Unified Criminal Docket: 1, Detective Herbert Leighton, having been duly sworn, depose and say as follows: A. Lam a Detective with the Major Crimes Unit of the Maine State Police and have been assigned a5 primary investigator regarding this investigation involving the exime of smurder, The facts contained in this affidavit do not set forth all of my knowledge about ‘his matter but are based upon the following: may own personal knowledge; knowledge oblained from other individuals during my participation in this investigation, including other law enforcement officers; my review of records related to this investigation; communications with others who have knowledge of the events and circumstances Aesoribed herein; and information gained through my training and experience. 1. My conclusion that such probable cause exists is based on the following factual information: On Saturday, July 27%, 2019 at 6:58pm, a 911 call was received by Auburn PD of a shooting that had just taken place in the parking lot ofthe Walmart shopping center at 100 Mount Aubuma Avenue in Auburn. A 42-year-old male, Jean Fourier, was Aiscovered by the Auburn Police Department lying on his beck, unconscious and in respiratory azrest, in the Auburn parking lot. Fournier was transported fo Central Maine Medical Center, were he was pronounced deceased. 2, On Saturday, June 27%, 2019, Det, David Coflesky and [interviewed Gage Dalphonse, of ‘47 Crest Avenue, Auburn, Gage said he drove his black Volkswagen Golf to Walmart in Auburn with his friend, Defghan Zitseh, to find Defghan’s vehicle, which was supposed to be located somewhere in the Walmart parking lot. Gage seid he was diving through one of the travel lanes in the parking lot when he observed as many as 20 people crowding thelane, Gage said he then observed a woman he used to work with at Clover Health Care in Aubum standing within this group of people. Gage said this woman was named Tara and she didn’t lke him. Gage said Tara told him he was a litle bitch now she had friends around her. Gage sid he told her he wasn't going todo this and continued to drive down the lane. Gage said they all continued to tlk shit bout him. Gage said he was mad and said he would ordinarily have done something about it but said he had a gun in his possession and didn’t think anyone was following him. Gage sid a black maa then walked beside his car and told Gage he needed to stop and go back and talk to the guy. Gage said he fold the man tohave 1 good day and continued down the avel lane looking for Defghan’s vehicle and eventually parked 3 to 4 rows dow ftom the lane where he observed Tara, parking face~ in, Gage said he and Defghan remained inside Gage’s ca for afew minutes before avery lange man approached Gage by the driver's side window, which was down. Gage sid the black man who had earlier told him to stop was also standing outside his car and stood ‘behind the large man, This man asked Gage what his problem was. Gage replied there was to problem. Gage sad this man was 3 to 4 tines his sie, Gage eaid the man then tld Gage to get the fuck eut ofthe car and apologize to her. Gage said be told the man he had bistory going back with Tara from a long time ago. He said he apologized tothe man but ‘told him he would not apologize to Tara. Gage said he apologized to the man 3 times, teing him he dida’t want any problems with ‘him, he was just trying to find hs friend's car. Gage said the man seid “T'm going to fucking kill you", Gage said he started for his car's handbrake to leave winen the man punched Gage on the left side of his lip. Gage said he was parked face-in toward a parking median so he wanted to back out to leave. Gage sai after he was hit on is lip, be could barely see out of his left eve. Gage said his head went heavy to his right side and felt like a spring et go inside his head, Gage said the man had nat been upset at first but was very rad before he it Gage. Gage ssid the large man started to reach in again when Gage sa he reached for his ‘handgun he had in his holster atthe front of bis pants. Gage said he grabbed his gun with his right hand and shot 2 rounds out the driver's side window toward the large man. Gage suid he was leaning right toward the center interior of is ear when he shot the gun. Gagessid he did not look where he was shooting and did not observe the large man atthe momett he fred the 2 rounds. Gage said he couldn’t even move his bead. Gage sid it was over ina split-second, Gage said he thought he shot the large man in the face and was afraid he might soe the man's brains when he looked. Gage ssid people were seaming and when he looked he ‘saw the large man lying in blood near the rear of Gage’s car. Gage said the gun he shot the man with was & Glock 19 Gen 4. Gage said he took his shir off to help pack his wounds, Gage sai he shot the large man twice in his back, once in his lower back and once in his, shoulder blade area. Gage said easier tht day he went target practicing withthe same handgun at Top Gun of, ‘Maine in Poland with Defghan, Gage said he used ball ammunition to target shoot, then reloaded his firearm at a convenience store with hollow-point ammunition. Gage said he hned 15 rounds inthe magazine and { round in the chamber. Gage described the procedure he used to Joad up his Glock 19 Gen 4 handgun. Gage ssi aftr fully loading the 15 round magazine, be inserted the magazine in the handguns port and “racked” a round from. the magazine into the chamber, He then took the magazine out ofthe gin snl Toned round back inthe magazine so it was fully loaded, with 15 rounds in the magazine and 1 in the chamber, Gage was insistent he did not rack his handgun prior o shooting the two rounds. Gage went on to say he never racks his gun and repeated he never racked it during the shooting. Gage then sai he wishes now that he would have racked the gun because it ‘might have given him a moments extra time that may have been enough to prevent Gage fom shooting the large man On Saturday, July 279, 2019 [spoke with Keelin White, of Portland, Maine. Keelin said ‘he was inthe parking lot of Walmart in Auburn at approximately 630pm on Saturday, July ‘27, 2019 when he heard yelling. Keelin said he looked then saw his friend, Jean Fourier, ‘walking from a travel lane within the parking [ot through a row of ears tothe next travel Jane, walking ina direction away ftom Keelin, Keelin then mentioned car that continued from one travel lane to the next adjacent lane. Keelin ssid he noticed Jean was cutting across the row of cars inthe diection of this car, which was now driving in Jean's rection. Keelin said he heard someone say, “Go get him”. Keelin then walked toward Jean, who walked toward the car, which was now parked, Keelin asked Jean what he was10. 1 1. Going, Keelin replied, “I'm talking with him.” Keelin said Jean was standing by the car “Yo, why did you call my gst a whore?” Keelin said he was 90% sure and beard Jean sa the name Jean used was “whore”. Keelin described the driver inside the ear as a skiony ‘id who replied, “My bad, I apologize.” Keelin said Jean's griftiend is Tara Nguyen. Keelin said he stood near Jean but could not hear the conversation from within the ea that ‘well. Keelin then sai, Keelin said Jean then told the driver to apologize to her. Keen said that was the last thing he heard before Jean told Keelin to run, he's got agus. Keelin suid he ran avay from the vehicle immediately, Keelin then saw Jean lying in the parking Jot, unconscious and bleeding, Keelin said he never saw Jean punch ot touch anyone inside the car and he never saw anyone inside the car touch Jean prior tothe shooting. (On Saturday, July 274, Maine State Police Major Crimes Unit Detective David Coflsky and Aubum Police Department Lieutenant Barry Schmieks conducted an interview with ‘TARA L, NGUYEN DOB 05-23-81. During the interview, Tara advised that she knew Gage from working with him atthe Clover Heslthesre, Tara was employed there s & cook, end Gage worked at the facility, along with Defghan, whom she also knew from otk, “Tara went on to explain that while working at Clover Healtheare, Gage had approached dherand made a statement to her about “dropkicking” her if she was misteating the cients ‘Tara advised that she responded to that by asking Gage to step outside, alluding that she ‘would fight Gage over the comment. Tara was let go, shorty after and had not seen Gage since approximately April of 2019. (On Saturday, uly 27, while walking through the Walmart parking ot, Tara observed Gage's vehicle enter the parking lot, Tara mentioned this to her cousin, Asia. While in the parking lot, Gage approached their location, at which point, Tara made a comment to Gage about him being a “biteh” and not being 0 tough now that they're in public. Gage replied to her, calling her a “whore”. Tera was standing near her boyfriend, Jean wien (Gage made the comment to her, “Tara advised that Jean began walking towards Gage’s vehicle as he drove through the parking lot in search of an apology for calling Tara a “wihore”, Tara did not ask Jean to do this and she yelled to Keelin to get Jean.13, Tara advised that when Jean was at Gage's window she could see him calmly talking to Gage, and then she heard Jean yell to Keelin “gun, ran”, She then heard gunshots and saw Jean fall to the ground, as Gage was standing outside the vehicle with a handgun i his hand, Tara could se that Jean was bleeding and wanted to go to him but was unsure what to do, as Gage wes standing over Jean with the gun sil in his hand and Tra was unsure ‘hat he would do, Fhe was going to shoot Jean again or possibly shoot her. 14, Gage took his shirt off and tried to put pressure on one of Jean's wounds, she then said that Gage removed his shirt and had a careless like expression on his face ashe walked away ftom Jean, Tara used her sundress to apply pressure to Jean's wounds but was unsuccessful 15. On Sunday, July 284, 2019 I attended the autopsy of Jean Fournier, performed by Dr Kristin Sweeney, Dr. Soeeney determined Jean Fourier died asa result of two gunshot ‘wounds, Both gunshot wounds entered the decedent's back, one rupturing his heart and the other lodged in his spine. 16. On Monday, July 29%, 2019 I interviewed Joseph Moscheto of Auburn, Joseph tld me he und his wife doove to Walmart in thei white GMC Terrain in Auburn on Saturday, July 27, 2019 at epproximetely 730pm and parked facing the median. Joseph said his wife lft ‘their vehicle and walked inside Walmart while he waited in their vehicle, Joseph estimated 5 to 10 minutes went by before he saw a black Volkswagen driving ina travel lane ofthe ‘Walmart parking ot in the direction away from Walmart and pull face-in to parking space opposite the median Joseph was parked. Joseph ssid the Volkswagen was parked closer to Walmart then his vehicle. 17. Joseph sai about the same time he saw this Volkswagen pull in, he saw 2-men walk toward the Volkswagen, There was a large white man who stood near the driver's door and a black man with a white shirt standing behind the large white man near the ‘Volkswagen. Joseph said the driver stayed inside the car and looked like he was in his, carly 20°s He had on a black hat that was possibly on backwards and wore no shirt, Joseph could tell the driver's window was rolled down as the drives left arm extended past the window. 18. Joseph watched asthe driver andthe large white man spoke with each other. The diver looked angry by his facial expressions and gestures, Joseph said the driver was acting‘erzti, The large man didn't look angry to Joseph and appeared tobe talking normal back to the driver. Joseph was unable to heat the conversation between the two men, 19. Joseph sid the large man was standing near the ear of the driver's door. Joseph said the large man then tured away from the driver tothe right in a direction toward the rear of the car and started to walk away, Joseph said the tursing motion was a normal speed and ‘ot hurried. The large man took 1 or 2 steps back in the direction he came from, close to the side ofthe Volkswagen and walking in-line with the ear when Joseph observed the driver extend his body half-way outside the driver's window and tum tightly to the reer, facing the large man who was walking away. The driver's head and chest extended out of the driver's window. The driver extended his right arm in the direction of the large man walking away and Joseph saw there was a black object in the driver's ight hand that appeared to Joseph to be # handgun. Joseph then saw a flash of white light and wit sounded lke a eap-gun going off twice. Joseph immediately ducked and placed his body 1s far under the dash ofthe front passenger's seat as he could go, where he remained until he heard sirens closing in on his location. Joseph said he stayed ina hiding position beeause he was aff the diver might coe im and realize he was a witness 10 the shooting of the large man, Joseph heard people yelling, to call 911 and the phrase he was bleeding out. When Joseph got back up, he saw the large man lying inthe parking lot behind the Volkswagen with people performing CPR on him, 20, On Tuesday July 30" 2019, Det. Coflesky and | interviewed Defghan Zitsch at his apartment in Auburn, We asked Defghan to walk us through the events of the day of Saturday July 27, 2019, Defghan went on to advise that he had gone to Walmart to do some grovery shopping, and was contacted by Gage. The two made dinner plans for that sight, and Gage arived at Walmart to pick Defghan up, asthe two also planned goto ‘Top Gun shooting range in Poland. ‘They let Walmart in Gage’s vehicle and went to Gage’s residence where Gage retrieved a firearm, ammunition and a debit card ftom his residence, Defghan believed that it was a Glock, describing it asa black handgun, which ‘was a Sram caliber. 21. Once at Top Gun, Gage and Defghan did some target practicing and Gage provided ‘Defghn with instruction in regards to shooting as Defghan isa self-admitted novice when ‘tcomes to firearms, When asked about the typeof ammunition which was used for tangetpractice Defghan described it as 9mm ammunition and thought that it was round on the top, end not hollow point emmunition. Defghan edvised that they spent approximately forty-five minutes there before ending their shooting session, Defghan said that Gage ‘reloaded his handgun at Top Gun and they went to Subway on Center Street to get fod, 22, After leaving Subway Gage and Defghan returned to Walmart, so Defghan could get his car, Defghan advised that when they pulled into the Walmart parking lo, they were tiving though the lot looking for Defghan's ear, when a group of people walked infront ‘of them, Defghan suid that they waited for approximately ten seconds for the group of people to move out of the way, and then they continued driving through the parking lot. 23. As they were diving through the lot, Defohan said that a female inher thirties, wearing @ long dress, yelled st Gage from Defghan's side of the vehicle. When asked what, the ‘female said, Defghan advised that she yelled “Ohh we're in public, I don't see you talking shit now", When asked if Gage responded tothe female, Defghan acknowledged that he did and Gage said “shut your fucking whore mouth”. Defihan said that Gage continued to rive asa husky male approached and tied to stop them by saying “wait hold up". Gage id not acknowledge him and continued W dive 24, Defghan said that when they came tothe end of the lane between parking spaces, Gage rade a let tum and then another left tur, taming up the next lane and travelling away from Walmart, As they were driving up that lane, Defghan said that he and Gage both saw the husky male, walking through the parking spaces and towards the lane they were riving in. 25, Defghan said thatthe male attempted to speak with them again and Gage, replies to him saying “have a nice day" and continues to dsive until he parked ina parking spot 26, Once parked, the husky male approached Gage’s side ofthe vehicle and was standing in his window ates. Another dark-skinned male was also standing on Gage’s side ofthe vehicle behind the husky male, The husky male began to converse with Gage about the comment that Gage had made to the female and Gage told the male that he and the female had “beef” and that he was not going to apologize tothe female, The husky male esked Gage, “Ok but why are you calling her a whore hough” and Gage repeated thet he and her had “beef” and he was not going to apologize.277, Defghan said that he saw dhe husky male slap Gage inthe face with his righthand, hiting Gage in the lip area, causing Gage’ lip to bleed. Defghan said thet he believed that Gage ‘was dazed momentarily from the slap as he was leaning over fo his right side, Gage then retrieved his handgun, racked the slide, at which point the husky male and the dark- skinned male began to run away towards the rear of Gage’s vehicle, Defyghan said that Gage then leaned his head and upper torso out his diver side window and approximately two seconds passed before he fred two rounds atthe husky male, 28, Defghan advised that Gage exited the vehicle and then Defghan did. Defghan observed the husky male laying onthe ground. Gage tok his shit ofT and sed ito apply pressure to one ofthe gunshot wounds and he yelled at Defghan to call 911. Defpban advised that ‘people began to congregate around the wounded husky male, and the original female yelled at Gage. Defghan steed that en off-duty police officer asked who was the shooter, ‘which Gage admitted to being and then Gage sat down on acurb in the parking lot and vrited for the Aubumn Police Department to arve. B. Based on the above facts, Ihave probeble cause to believe that Gage Dalphonse, date of birth 11-18-97, has committed the crime of Murder, 17-A MRSA 201-1(A). I, Detective Herbert Leighton, hereby swear under oath tat the information set forth in this affidavit is true and correc to the best of my knowledge, information and belief, and ‘hat I make this oath under pains and penalties of perjury. suly 31,2019 42h Dobot- Bal SD fear Lait Maine State Police Major Crimes UnitState of Maine “Androscoggin, SS, ‘The above named, Detective Herbert Leighton, personally appeared before me and made coath as tothe truth ofthe foregoing afidavt signed by Herbert Leighton. (On the bass ofthe affidavit and materials incorporated herein, I find probable eause ‘Signed and sworn to before me this date, July 31°, 2019