E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON July 30 2012 9:48 AM

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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. JACQUES EUGENE DUMONT GERBER, CAUSE NO. 12-1-02835-6

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant.

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HUGH BIRGENHEIER, 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, oral conversation with Detective T. Jordan and/or investigation conducted by the LAKEWOOD POLICE DEPARTMENT, incident number 122070696; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about the 24th day of July, 2012, the defendants, FREDERICK WALTER CLIFFORD, MELISSA MARIE PARR, KRISTA MAE JAMES and JACQUES EUGENE DUMONT GERBER, did commit kidnapping in the first degree and/or unlawful imprisonment. BRENDA DUMONT GERBER committed unlawful possession of methamphetamine. JAQUES DUMONT GERBER and PARR also committed unlawful possession of a controlled substance with intent to deliver and unlawful use of a building for drug purposes. Lakewood Police are called to the Joint Ft. Lewis McChord gate by military police to contact a victim, T. Mosteller, who states he was kidnapped and held against his will in an attempt to get him to provide monies to the defendants. The victim is a soldier.
The victim initially tells the officer at the scene that he was picked up by CLIFFORD on July 24, 2012, and taken to PARRS trailer where he was tied up, tased, shot with a BB gun and hit and punched by PARR. He states that these two were people he had purchased pills from in the past. The victim states he was tied up for most of the night and then on the morning of July 25, 2012, the three used drugs together. PARR then told CLIFFORD that he would get drugs if he took the victim out to get more money. CLIFFORD then took the victim to several places to try and get monies. The victim states CLIFFORD would introduce him as his hostage to some people, and CLIFFORD had the victim call family and friends to try and get money. In the afternoon, the victim talked CLIFFORD into taking him to the gate at Ft. Lewis McChord so he could go to a bank on post to get a credit card which would allow him to get some immediate cash. It was at this time that the victim had a clerk at the gate call the military police, who then contacted the Lakewood Police Department. The victim was able to identify PAR in a photo montage and her trailer was searched with a warrant by officers. She was arrested and admitted she had been at the trailer with the victim and CLIFFORD, and others. PARR denied having anyone beat up the victim but said another male was beating him up. PARR was read her rights prior to talking to officers. CLIFFORD was arrested and initially could not speak to officers because he was so upset. He admitted arriving at PARRs trailer and said he saw PARR and another male shooting the victim with a pellet gun and tasing him. CLIFFORD said PARR told CLIFFORD to hit him so CLIFFORD hit him in the nose. CLIFFORD said he only did this and took the victim around to get monies because CLIFFORD was afraid of PARR A BB gun and methamphetamine were recovered at the trailer. A search warrant is pending for the car being driven by CLIFFORD. The victim gave an interview to Detective Jordan that he had originally gone to PARRs trailer on July 24, 2012, to purchase methamphetamine. The victim said he had been purchasing from her since April. The victim said

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

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he went home and was then contacted again by PARR who asked him to return to the trailer. The victim returned and hung out with PARR and another male and female until 1:00 AM. At this time another male shoed up and told PARR that the victim was a snitch. PARR and the first male then confronted the victim about being a snitch and pushed him up against the wall to check to see if he was wired. The two used a taser on him and shot him several times with a pellet gun and tied him up with an electrical cord. The victim said he did not fight back because he figured it would only make it worse. This went on for several hours. In the morning, PARR told the victim he owed her $400 for being a snitch. PARR told CLIFFORD to take the victim out to get the money. CLIFFORD told some people he was a hostage and this went on for several hours. When the victim convinced CLIFFORD to take him on base, this was when he told the clerk he was being held against his will. Additional investigation has identified BRENDA DUMONT GERBER as being present and staying in on e of the rooms with her husband and three children. During the search warrant, 18 grams of methamphetamine were found in this room along with her drivers license nearby according to Detective Jordan. She does not appear to have participated in the kidnapping/imprisonment of the victim. KRISTA JAMES admitted to being present in the trailer and observing the victim arrive to purchase drugs from PARR. JAMES noted the victim was later confronted by a PARR for being a snitch and the victim was shot with a pellet gun 100 times and tased. JAMES said PARR and the male made the victim provide his bank card and JAMES checked the website to see if he had any monies. He apparently did not. CLIFFORD (Freddie) left with the victim to try and get the $400 being demanded because he had been a snitch. JAMES said she only went along with the event because she was afraid of PARR and the other male present. The victim has identified JAQUES EUGENE DUMONT GERBER as the other male who was involved with shooting him with the pellet gun, tasing him and preventing him from leaving. PARR, when transported, was found with a prescription type bottle which contained controlled substances, Hydrocodone/Vicodin. She admitted that she dealt drugs and said GERBER was her supplier who dealt drugs as well. In the most northern part of the trailer, paperwork to PARR was found along with drug paraphernalia, a scale, and four small baggies of white powder which field tested positive for methamphetamine.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: July 30, 2012 PLACE: TACOMA, WA

/s/ PATRICK COOPER HUGH BIRGENHEIER, WSB# 14720

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