FILED MAY 15 2019 STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF UNION inh aubrcaLORCUN Coon OF RARST JUDICIAL COURT STATE OF SOUTH DAKOTA, PLAINTIFF, 63CRI19-QA5, v. DEREK MCINTOSH, AFFIDAVIT IN SUPPORT OF 24 Coyote Place #203, North Sioux City, SD $7049, ISSUANCE OF ARREST WARRANT DOB: 05/29/1984, DEFENDANT. I, Aaron J. Bates, being duly sworn and deposed, say that: I am the Deputy State's Attorney for the County of Union, State of South Dakota, and mong my duties as Deputy State's Attorney is the prosecution on behalf of the state of criminal offenses occurring in Union County, South Dakota. That Chief Richard Headid , North Sioux City Police Department has filed a report that on or about the 8th day of May, 2019, he was notified by Officer Derek Mcintosh that Officer Melntosh was investigating a stolen animal trap taken from #2 Aleoma Drive, North Sioux City. Officer McIntosh reported that during that investigation an individual named Johnny Clarey was questioning him regarding the location of a black and white cat that belonged to Mr. Clarey and his girlfriend, Morgan Bernard. Officer McIntosh told Chief Headid that he indicated to Mr. Clarey that they sometimes moved stray cats to the cemetery in North Sioux City. That Captain Dustin Sharkey, North Sioux City Police Department filed a report that on or about May 9" of 2019, he received information regarding the Clarey / Morgan cat from Officer Stephanie Ryan with the North Sioux City Police. Captain Sharkey told Officer Stephanie Ryan that he was headed to #2 Acloma Drive to pick up a cat that was in atrap. Officer Stephanie Ryan told Captian Sharkey that he “just saved that cat’s life.” When Captain Sharkey asked Officer Stephanie Ryan to elaborate on her comment, she told Captain Sharkey that she had heard from Officer Andrew Ryan that Officer McIntosh was taking cats that were caught in traps out to the cemetery in North Sioux City and shooting them. Captain Sharkey discussed the situation with Chief Headid and it was determined that Captain Sharkey should question Officer Andrew Ryan directly. During that conversation, Officer Andrew Ryan told Captain Sharkey that he had a conversation with Officer MeIntosh about shooting cats. Officer McIntosh had told Officer Andrew Ryan that he had discussed the missing Clarey / Morgan with John Clarey and that he told Clarey he had released the cat at the North Sioux City Cemetery. Officer Andrew Ryan told Officer McIntosh “At least you didn’t shoot it.” Officer McIntosh then told Officer Andrew Ryan that he actually did shoot the cat. It was Officer Andrew Ryan’s impression from the conversation that it was not the first cat Officer McIntosh had killed. Officer Melntosh also indicated to Officer ‘Andrew Ryan that he intended to return to the cemetery and remove the cats” bodies. ‘That according to the reports of both Chief Headid and Officer Sharkey, they retumed to the cemetery, located two bodies of dead cats and also discovered a pair of two purple rubber ‘medical gloves that appeared to be the same type of gloves used by North Sioux City Police. They collected the bodies of the cats and the gloves as evidence.Derek Meitash ~63CR19- Alidavit in Support for Application for Arrest Warrant That according to the report of Chief Headid, on or about May 9%, 2019, Chief Headid contacted Ted Cherry, North Sioux City Administrator, to keep him apprised of the developing facts regarding the behavior of Officer McIntosh, When Officer McIntosh reported for work at around 3 pm, Chief Headed informed Officer McIntosh that Cherry would like to have a meeting with them regarding the missing cat. At that meeting, which included Officer McIntosh, Chief Headid, Cherry, and Mayor Randy Fredrickson, Cherry asked McIntosh what had taken place with the cat he had removed from #2 Alcoma Dri Officer McIntosh advised that the owner of #2 Alcoma, Matt Vanderpool, had been having problems with a number of cats near his residence. Officer McIntosh had been called by Vanderpool to pick up a cat that had been caught in a live trap. Officer McIntosh indicated he went and picked up the cat who had no tags, ID, or a collar, so he made the decision to let it go. Officer McIntosh advised he routinely released cats at the cemetery. Cherry directly asked Officer McIntosh if he shot the cat, and McIntosh denied shooting the cat. Officer McIntosh admitted to shooting the cats in the past. Cherry ultimately advised Officer McIntosh that he was going to be placed on paid administrative leave as there were reports from other Officers indicated that Officer McIntosh had told them he had shot the cats. At this point Officer McIntosh stated “OK, I did shoot the cat.” That a report was filed by Sergeant Samantha Larkin, North Sioux City Police Department, that after Chief Headid and Captain Sharkey returned from the cemetery with the deceased cats described above (one black cat and one black and white cat), she received information from Chief Headid that the black cat was likely a black cat that had been picked up by Officer McIntosh on April 26%, 2019 from a live trap placed by the North Sioux City Senior Center. Chief Headid advised Sergeant Larkin that he had previously permitted Officer McIntosh to release that cat at the cemetery as he had looked into whether that cat was owned by anyone in the area it was found in, and had determined that the cat was a stray. Officer Larkin then reviewed Officer McIntosh’s daily logs. On his log from April 26", 2019, Officer McIntosh reported that he picked up a cat from a live trap at the Senior Center at about 7 pm. His log indicated that cat was released at the cemetery. On his log from April 5", 2019, Officer MeIntosh’s logs indicated at 10:11 am he responded to 2 Alcoma Drive for a stray cat in a live trap. On Officer Meintosh’s logs from May 7", 2019, he responded to 258 Lakeshore Drive at 10 pm. Officer MeIntosh indicated in his log, “Friendly cat collected from female at 258 Lakeshore Dr. Apt H2/ Given food and litter at pd to wait to be taken to Humane Society.” ‘Therefore, Affiant believes that the crime(s) of Animal Of Another - Kill Or Injure, Disobedience of Judicial Process has/have been committed and that the Defendant, DEREK MCINTOSH, is the one who probably committed that crime and there is sufficient basis for the issuance of the Warrant for Arrest in this casi Dated this 54h, day of WV ¢ 2019, at Elk Point, South Dakota. AARON J. Kk ~ Union County Deputy State's Attorney 209 East Main Street, Suite 140 Elk Point, SD $7025 ‘Telephone: (605) 356-2666 Page 2 of 3Derek Meintosh ~63CR11- ATidavitin Suppor for Application for Ast Warrant fe Subscribed and sworn o before me this 15” 4 ¥ Public*South Dakota NOTARY Puatic = ° My Commission Expires: 09/15/2021 SEALS AKOTA ED) Hite Page 3 of 3