CASE NUMBER: 49G04-1902-MR-006769 FILED: 2/21/2019

STATE OF INDIANA IN THE MARION SUPERIOR COURT

MARION COUNTY, ss: CRIMINAL DIVISION

Cause No: 49604

STATE 0F INDIANA
g
INFORMATION
vs. )
COUNTI
)
MURDER
Lc. 35-42-1 -1 (1)

Dustin Passarelli W/Male A FELONY

DOB 10/1 1/1 985

On this date, the undersigned Deputy Prosecuting Attorney of the Nineteenth Judicial
Circuit, being duly sworn on his/her oath (0r having affirmed), says that in Marion County, Indiana

COUNT |

On or about February 17, 2019, Dustin Passarelli did knowingly kill another human being, to-

wit: Mustafa Ayoubi;

all of which is contrary to statute and against the peace and dignity of the State of Indiana.

Februar 21 201 9
Date

TERRY R. CURRY
Marion County Prosecutor
19th Judicial Circuit

/s/Matthew Bavender
Deputy Prosecuting Attorney

State's Witnesses:
DANIEL LEE ELLIOTT
BRIAN SPENCER LAMBERT
JASON SMITH
MARCUS SPARKS
Trion Taylor
JOSE ANGEL TORRES
MELISSA M WILSON
U. A.
N. B.
CASE NUMBER: 49604-1902-MR-006769 FILED: 2/21/2019

MIRA GELLER MD.

S. J.

J. R.
T. R.

Derek Wilson
CASE NUMBER: 49G04-1902-MR-006769 FILED: 2/21/2019

STATE OF INDIANA ) IN THE MARION SUPERIOR CRIMINAL

)SS: COURT 4
COUNTY OF MARION )
CRIMINAL DIVISION, ROOM W203

Cause No. 49604

STATE OF INDIANA
INFORMATION
V. VVVVV

FIREARM USED IN COMMISSION OF

AN OFFENSE
DUSTIN PASSARELLI IC 35-50-2-1 1(c)

DOB: 10/1 1/1 985

On this date, the undersigned came before the Prosecuting Attorney of the Nineteenth Judicial

Circuit and, being duly sworn (or having affirmed), stated that in Marion County, Indiana

Dustin Passarelli, on or about on or about February 17, 2019, heretofore charged in Part | of

this information with an offense described in |.C. 35-50-2—1 1 (b), did knowingly or intentionally use

a firearm in the commission of said offense;

all of which is contrary to statute and against the peace and dignity of the State of Indiana.

| swear or affirm under penalty of perjury as specified by |.C. 35-44.1 -2-1 that the foregoing
representations are true.

FebruaLy 21 2019
,

Date

TERRY R. CURRY
State's Witnesses: Marion County Prosecutor
Same as Partl 19th Judicial Circuit

/s/Matthew Bavender
Deputy Prosecuting Attorney
CASE NUMBER: 49G04-1902-MR-006769 FILED: 2/21/2019

AFFIDAVIT
FOR PROBABLE CAUSE
STATE OF INDIANA, COUNTY OF MARION, SS:

Detective Brian Lambert swears (affirms) that:

On Saturday February 16, 2019 at 19:53 hours officer Daniel Elliott and members of the IMPD
and Clermont police department were dispatched to 3919 Wind Drift Drive East on a person shot. On
arrival at 20:02 hours officers confirmed that Mr. Mustafa Ayoubi had been shot. He was lying face up in
the parking lot in front of 3919 Wind Drift Drive. Medic 65/EMS 0836 pronounced Mr. Ayoubi deceased
at 20:38 Hours. Homicide was requested and Detective Brian Lambert, Detective Jose Torres and
Detective Sgt. Leslie Vanbuskirk all responded to the scene. CSS Trion Taylor responded as well as
Deputy Coroner Derek Wilson. This incident was reported under case number IP190016759 by Officer
Daniel Elliott.
At the crime scene two vehicles were towed to the ACC for processing. Vehicle #1: 2010 Silver
Nissan Sentra IN 19 plate: 910LPK VIN: 3N1AB6AP8AL654099 driven by the suspect Dustin Passarelli.
Vehicle #2:2003 Red Toyota Camry SE V6 IN 19 plate: AZI102 VIN: FT1BF32KX3U041641 driven by the
victim Mustafa Ayoubi. Both vehicles were parked at the crime scene.
Two 9mm fired cartridge casings were recovered on scene where the shooting occurred. They
were in a pile of finely broken glass.
There were several witnesses present that were interviewed at the crime scene. Detective
Lambert first interviewed Mr. U. A. Mr. U. A. stated he and his friends N. B. and S. J. were waiting on
Mustafa Ayoubi to arrive at 3919 Wind Drift East drive so they could go play pool. As Mr. U. A. was
walking outside to meet Mr. Ayoubi he could hear arguing and saw Mr. Ayoubi standing on the
passenger side of a silver vehicle. The driver of the silver car was cussing at Mr. Ayoubi and using
religious and ethnic insults like, “You know what go back to your fucking country” and “Muhammed was
a pedophile”. Mr. Ayoubi was stating, “Man shut the fuck up”, “Motherfucker your racist, you’re a
racist” to the driver of the silver car. Mr. U. A. stated he was trying to diffuse the situation between both
men by stating, “Just chill, just chill relax”. The driver of the silver car continued the argument by stating,
“Man take your fucking friend on. I’m gonna fuck him and I’m gonna fuck Muhammed…” Mr. Ayoubi
walked around to the driver’s side of Mr. Passarelli’s vehicle and stated, “You know what get out of the
fucking car let’s take it out right now”. The driver of the silver car then stated, “You better take this guy
inside or something’s gonna happen” The argument continued and Mr. Passarelli shined a laser light on
the face of Mr. Ayoubi and began shooting at him. Mr. U. A. stated Mr. Ayoubi turned and began to run
away when Mr. Passarelli shot Mr. Ayoubi in the back. Mr. U. A., Mr. N. B. and Mr. S. J. sought cover
behind vehicles as Mr. Passarelli moved his vehicle and got out. They believed they were in danger and
moved to a safer location to call 911.
Detective Lambert next spoke with N. B. Mr. N. B. stated they were all planning on going to play
pool. Mr. N. B., Mr. S. J. and Mr. U. A. were all walking out of the apartment and saw Mr. Ayoubi walking
towards the three friends. Mr. Ayoubi then turned around angrily saying something to the driver of the
silver car. A verbal altercation ensued between Mr. Ayoubi and the driver of the silver car. Mr. N. B.
I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Brian Lambert

AFFIANT

DATED: 02/18/2019
CASE NUMBER: 49G04-1902-MR-006769 FILED: 2/21/2019

Affidavit for Probable Cause

From: Brian Lambert

heard the driver of the silver car saying Muslim names and he said something bad about Mohammed.
Mr. Ayoubi stated, “Don’t say anything bad about my God”. The driver also stated, “I’ll shoot you”. Mr.
N. B. tried diffusing the situation and asked the driver, “Why are you doing this? Respect Respect”. The
heated argument continued and Mr. Ayoubi walked from the passenger side of the car to the driver’s
side of the silver car. Mr. N. B. stated Mr. Ayoubi made a fist and it looked like he was about to punch
the window. He then saw and heard flashes of light and gunshots. Mr. N. B. then ran behind vehicles
parked in the parking lot for cover. He then called 911 and ran behind the building fearing the shooter.
Next Detective Lambert interviewed Mr. S. J. at the scene. Mr. S. J. stated they were walking
outside to meet Mr. Ayoubi who had arrived. Mr. S. J. forgot his phone so he ran back inside his home.
As he was again walking out he say Mr. Ayoubi arguing with the driver of a silver car. He heard the driver
say, “Your foreigners or something?” He stated Mr. U. A. stated, “We are American citizens. We are not
foreigners”. Mr. Ayoubi was standing on the passenger side of the car about 5 feet away from the car.
During the course of the argument Mr. Ayoubi walked around the front of the silver car towards the
driver’s side of the car. Mr. S. J. saw the laser light and the driver shoot through the window of the car.
He did not see Mr. Ayoubi punch the window.
Mr. T. R. and his wife J. R. were at home when they heard shots outside their apartment. Mr. T.
R. looked outside and saw a car and a body on the ground and people hiding behind cars. He went
outside to help. He saw a man giving CPR and asked if he could help. The man giving CPR stated he was
the one who shot the man on the ground. He was a white male with facial hair. The man stated to Mr. T.
R. that he shot in self-defense. He also noted that the car he saw earlier had been moved.
The suspect, Dustin Passarelli, was transported to the homicide office where he was interviewed
by Detective Lambert. Mr. Passarelli stated he left work and was traveling Southbound on I-465 on the
West side of Indianapolis from 71st street. He was in the middle lane and a car was to his right. The
victim’s red car flew up behind that car driving aggressively and honking its horn and flashing its bright
lights. The victim’s car got behind Mr. Passarelli’s car and was again driving aggressively doing the same
thing. As both cars approached the 38th street exit the car swerves towards his car. Mr. Passarelli then
heard a bang on the passenger side of his car. He believed the victim threw something at his car or hit
his car and then exited the highway. Mr. Passarelli then followed the victim and the victim exited onto
West 38th street. Mr. Passarelli stated he wanted to get the info of the driver in case there was damage
to his car. He stated he followed the victim as they circled the McDonalds parking lot twice. He then
followed the victim to the 3900 block of Wind Drift East drive. The victim parked and got out of his car.
Mr. Passarelli stated the victim was on the passenger side of Mr. Passarelli’s vehicle. The victim stated,
“Why the fuck are you following me?” Mr. Passarelli stated he was angry and stated to the victim, “You
just hit my fucking car man, What the fuck”. He stated the victim then stated, “I’ll kill you, you fucking
Jew” and called Mr. Passarelli a, “Dirty Jew”. Mr. Passarelli is not Jewish and stated this did not bother
him. In response Mr. Passarelli hurled insults and names back at the victim and cursed at him including
“something” about Mohammed. The victim pulled on the passenger side door handle. The victim then
walked to the driver’s side of Mr. Passarelli’s car. The victim put his hand in his pocket then took his
hand out and punched the driver’s side window once. He then punched the window a second time and
this caused the window to spider crack. Mr. Passarelli pulled his Glock 19 from the right side of his seat
I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Brian Lambert

AFFIANT

DATED: 02/18/2019

(Page 2)
CASE NUMBER: 49G04-1902-MR-006769 FILED: 2/21/2019

Affidavit for Probable Cause

From: Brian Lambert

and shot through the window approximately 5 times because he was in fear. Mr. Passarelli stated to
Detective Lambert that he thought the victim was still coming forward so he fired more. As soon as he
realized he was deterred and not a threat anymore and the victim turned away he stopped shooting.
After the shooting Mr. Passarelli moved his vehicle, got out and started giving CPR to the victim. A
neighbor arrived and took over CPR until the police arrived. Mr. Passarelli also called 911 after the
shooting. Detective Lambert observed blood and injuries to Mr. Passarelli’s hands. Mr. Passarelli stated
the injuries were from him punching the steering wheel because he was “super stressed out”.
Mr. Ayoubi had no weapons and no cell phone during the disturbance or in his car. Detective
Lambert also observed that the glass window is tempered glass.
On 02/17/2019 Detective Lambert and CSS Trion Taylor processed both vehicles at ACC. The red
Toyota Camry was extremely clean on the inside and no weapons were located. The silver Nissan Sentra
had no damage whatsoever to the outside of the vehicle. Inside the vehicle was a Glock 19-Gen 5, 9mm
semiautomatic handgun, serial #BGZM017. The handgun was not loaded. A 15 round capacity magazine
was recovered with 9 live bullets in the magazine and 1 live round sitting on the same front passenger
seat. There were 7 fired cartridge casings recovered from the car.
Detective Lambert attended the autopsy of Mustafa Ayoubi on 02/18/2019. Dr. Mifrida Geller
performed the autopsy. F.E.T. Melissa Wilson was present from the crime lab to document and collect
evidence. Dr. Geller determined the cause of death to be multiple gunshot wounds. Her preliminary
findings indicate Mr. Ayoubi suffered one perforating gunshot wound, front to back, in the shoulder, and
an additional seven penetrating gunshots wounds to the back. The autopsy was performed under MC
19-0423.

All events occurred in Marion County, Indianapolis, Indiana.

I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Brian Lambert

AFFIANT

DATED: 02/18/2019

(Page 3)