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E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON August 29 2012 11:00 AM

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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. JUSTIN CAINE STEIK, CAUSE NO. 12-1-03274-4

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant.

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LISA WAGNER, 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 KING COUNTY, incident number 12195111; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about the 28th day of August, 2012, the defendant, JUSTIN CAINE STEIK, did commit the crime of Malicious Mischief in the Second Degree. Beginning in early August, 2012, the King County Sheriffs Office began investigating a series of vandalism reports regarding damage being done on the Sounder trains. Windows, mirrors and doors on the trains were being etched with an unknown device and different sayings (EMS, Eat my shorts, Loser, etc) and designs were being etched on to various surfaces on the trains. In one car alone both bathroom windows, seven windows and eight door windows had been etched. All of the damage was on the interior of the car suggesting a passenger had committed the vandalism. The damage estimate as of 8/21/12 was approximately $25,000.00. On 8/22/12 it was reported that another car had been damaged. In car 409 tagging was located on Door 7 and EMS and TONES were etched in the mirrors and paper towel holders. The door in Car 401 had Tone5 and FTB etched into it. On 8/28/12 a conductor advised detectives that the vandalism suspect had been entering the 0625 train at the Tacoma Freight House Square and exiting the train at the Puyallup station. The conductor became suspicious of the suspect, later identified as defendant Steik, when she bumped into him in one of the restrooms. The conductor said that the restroom door was not locked and she entered the restroom and found the defendant standing in front of the sink mirror. The defendant exited and apologized for not locking the door. The conductor then noticed that both mirrors in the bathroom had been etched. The conductor saw the defendant exit and got a good description of him. She later saw him on the afternoon train and contacted detectives to advise them that he was on the train and had exited car number 216 at the Tacoma Freighthouse Square station. The conductor walked through the car and discovered the vandalism (two windows vandalized). Detectives then began conducting surveillance at the Tacoma station and observed the defendant enter the train at 0623 hours. Detectives followed the defendant and sat on separate ends of the car to watch him. The defendant sat on the inside toward a window. One witness observed the defendant etching the window while he was sitting there. When the defendant exited the train a detective followed him while another detective confirmed that the window he had been sitting at had been damaged. The detective contacted the defendant and detained him. The defendant was advised of his rights. He was searched incident to arrest and was found to be in possession of a small grinding bit. This bit was tested on a mirror and it was confirmed that it could be used for etching. The defendant declined to make a 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

12-1-03274-4

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statement. Per the report, the cost of a complete repair of the single window the defendant etched was $2864.00. At this time the defendant is only being charged for that single incident, but additional charges might be filed as the investigation continues. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: August 29, 2012 PLACE: TACOMA, WA

/s/ LISA WAGNER LISA WAGNER, WSB# 16718

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

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