E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON January 22 2013 1:58 PM

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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. FLOYD NATHAN HUTCHINS, JR, CAUSE NO. 13-1-00305-0

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant.

7 HUGH K. BIRGENHEIER, declares under penalty of perjury: 8 9 10 That the police report and/or investigation provided me the following information; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 He is in the Army and just returned from a deployment. He went to the motel to meet a woman he claims he knew prior to being deployed. 2) He and the woman hung out and things became intimate. Both Victim Bakke and the woman took off their clothes and they were about to engage in sex when the door flew open and a tall white male came into the room. Victim Bakke provided the Fife Police Department with a description of this male. 3) Victim Bakke noted that the door was not forced open. The white male grabbed a hammer that was on the table. The white male started waiving the hammer around yelling, "So now your fucking this guy?"
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

That I am a deputy prosecuting attorney for Pierce County and I am familiar with the police report and/or investigation conducted by the FIFE POLICE DEPARTMENT, incident number 2013000209;

That in Pierce County, Washington, on or about the 13th day of January, 2013, the defendant, FLOYD NATHAN HUTCHINS, JR did commit the crime of Robbery in the Second Degree, on or about the 18th day of January 2013 did commit the crime of Attempted Robbery in the Second Degree and between January 13th and 18th, 2013 did commit the crime of Promotion of Prostitution in the Second Degree. MICHELLE LYNN HUTCHINS in Pierce County, Washington, on or about the 13th day of January, 2013, did commit the crime of Robbery in the Second Degree, on or about the 18th day of January 2013 did commit the crime of Attempted Robbery in the Second Degree On January 13, 2013 officers of the Fife Police Department responded to the Econolodge Motel in the 3500 block of Pacific Highway east in the City of Fife. At that location the officers made contact with Eric Bakke (the victim). Victim Bakke told the Fife Police Department that he had been chased by a male from room 130 of the motel. Victim Bakke described the assailant to the Fife Police Department. When the Fife Police Department spoke to Victim Bakke, Victim Bakke was naked other then a towel that was wrapped around him. Victim Bakke told the Fife Police Department: 1)

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4) Victim Bakke was terrified but Victim Bakke noted that the woman he was with did not seem surprised. Victim Bakke fled the room (naked). 5) Victim Bakke opined that one of the female's friends had rented the motel room. The Fife Police Department determined the identity of the person who rented the motel room. That person is Leo Kolowitz. The Fife Police Department told Victim Bakke that they did not believe his story. The Fife Police Department viewed a video of the area near the room where Victim Bakke says this event occurred. The video showed a male pacing back and forth near room 130. This person then approached a used a key card to enter the room. Victim Bakke is then seen running naked from the room. Victim Bakke then told the Fife Police Department that there was more to the story. Victim Bakke's believed that his clothing was still in the room. Victim Bakke's clothing was located in the room while other clothing belonging to Victim Bakke's was located in a trash can. Also in the trash can was some blank checks that did not belong to Victim Bakke. None of Victim Bakke's property was missing. Victim Bakke then admitted he had found an ad for "Mandy" showing that "Mandy" was a masseuse. Victim Bakke admitted intending to hire "Mandy" for sex. Victim Bakke paid "Mandy" $100 for a massage. Before he had sex the male came into the room and grabbed the hammer. Victim Bakke was charged with various crimes related to this incident, including Patronizing a Prostitute; Patronizing by Computer Means and Making a False Statement of Public Servant. Detective Gow of the Fife Police Department began a follow-up investigation into Victim Bakke's loss of the $100 he paid "Mandy". Detective Gow also, as a part of his duties checks various websites that may advertise for prostitution type activity. Detective Gow reviewed the reports related to Victim Bakke's incident and Detective Gow also learned that Officer Volkman of the Fife Police Department had located "Mandy's" massage ad. The Fife Police Department contacted Leo Kolowitz (the person who rented the room used my "Mandy". Leo Kolowitz identified the people he allowed to use the room as "Floyd" and "Michelle". Leo Kolowitz told the Fife Police Department that "Floyd" lived across the street from the Econolodge. A vehicle was located in that area that war registered to Defendant Michelle Hutchins. An area check for "Floyd" was negative. On January 15, 2013 Detective Gow made several unsuccessful efforts to make contact with "Mandy". On January 16, 2013 Detective Gow realized that the had received three text messages from "Mandy". The messages from "Mandy" asked Detective Gow where he was, when he (Detective Gow) wanted to see her (Mandy) and that she "Mandy" charged $100 an hour. Detective Gow made additional unsuccessful attempted to contact "Mandy" on January 16 and 17, 2013. On January 18, 2013 Detective Gow found another ad that featured the same photograph as "Mandy's" previous ad. "Mandy" was now using the name "Monica". "Monica" agreed to meet Detective Gow at the Day's Inn in Fife. Detective Gow agreed to pay "Monica" $140 for one hour. Officer McGregor and Detective Gow went to room 225 at the Day's Inn. Shortly thereafter "Monica" arrived. When "Monica" entered the room she was placed in custody.
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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"Monica" was Defendant Michelle Hutchins. A cell phone was located on Defendant Michelle Hutchins. When Detective Gow called the number he used to set up the meeting with "Monica" and Defendant Michelle Hutchins's telephone rang. When asked Defendant Michelle Hutchins initially denied that anyone would be coming to the room or calling to check on her. When asked about the incident at the Econolodge Defendant Michelle Hutchins admitted that he husband may come by to check on her. Defendant Michelle Hutchins told the Fife Police Department that her husband (who is now known to be Defendant Floyd Hutchins) does not like the fact that she (Defendant Michelle Hutchins) massages other men. Defendant Michelle Hutchins admitted that she is both "Mandy" and "Monica" and that she advertises in www.backpage.com under the body rub section. Defendant Michelle Hutchins admitted meeting Victim Bakke after Victim Bakke responded to her ad. Defendant Michelle Hutchins denied removing her clothing while with Victim Bakke. Defendant Michelle Hutchins stated Defendant Floyd Hutchins entered the room using a key card but that Defendant Floyd Hutchins was not there to rob or hurt anyone. Defendant Michelle Hutchins also denied that Defendant Floyd Hutchins picked up a hammer. Defendant Michelle Hutchins claimed that she and Defendant Floyd Hutchins left the room when Victim Bakke fled. Defendant Michelle Hutchins stated that she is not a prostitute and that she has never had sex with any of her massage clients. Defendant Michelle Hutchins could not provide a reasonable explanation why Defendant Floyd Hutchins arrived and interrupted her massage appointment other than Defendant Floyd Hutchins is jealous. While Detective Gow was talking to Defendant Michelle Hutchins, Defendant Floyd Hutchins arrived on the motel property where Detective Gow was talking to Defendant Michelle Hutchins. Defendant Floyd Hutchins walked around the motel building. Defendant Floyd Hutchins was detained as he approached room 225 (where Defendant Michelle Hutchins was being detained). The Fife Police Department reports indicate Defendant Floyd Hutchins was within a few feet of room 225. When Defendant Floyd Hutchins was taken into custody he asked if his wife was "o.k.". Defendant Floyd Hutchins was recognized from ad on www.backpage.com under the "Domination & Fetish" section. A large silver colored folding knife was located on the defendant. Also located on the defendant was a large knit stocking cap with holes cut into the cap. In the opinion of the Fife Police Department the cap could be pulled down over ones face to hide the wearer's identity. Defendant Floyd Hutchins provided a statement to the Fife Police Department. Defendant Floyd Hutchins told the Fife Police Department: 1) Defendant Floyd Hutchins stated he would talk about himself but he did not want to answer any questions about Defendant Michelle Hutchins. 2) Initially Defendant Floyd Hutchins denied posting an ad on www.backpage.com but then he admitted to posting ads featuring Defendant Michelle Hutchins and himself. 3) Defendant Floyd Hutchins conceded that the ads were soliciting an exchange of sex for money. 4) Initially Defendant Floyd Hutchins denied ever being to the City of Fife. Later Defendant Floyd Hutchins admitted to being at the Econolodge in Fife.
DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -3
Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400

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5) Defendant Floyd Hutchins admitted to having a key card to the room at the Econolodge. Defendant Floyd Hutchins stated that Defendant Michelle Hutchins was providing Victim Bakke with a massage. 6) Defendant Floyd Hutchins denied picking up a hammer. Defendant Floyd Hutchins claimed he wanted Victim Bakke to leave. 7) Defendant Floyd Hutchins stated he came to the Day's Inn because Defendant Michelle Hutchins had been there too long. Both Defendant Michelle Hutchins and Defendant Floyd Hutchins were arrested. Detective Gow consulted with the Pierce County Prosecutors Office to determine the booking charges. THE STATE RESERVES THE RIGHT TO AMEND THE INFORMATION TO CHARGE ADDITIONAL CRIMES INCLUDING ROBBERY IN THE FIRST DEGREE. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.
DATED: January 22, 2013 PLACE: TACOMA, WA

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

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -4

Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400