IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI Associate Division ) ) ) Case No. ) OCN# ) ss. FELONY COMPLAINT

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1 IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI Associate Division ST ATE OF MISSOURI, vs. AUSTIN M PELLEY, Plaintiff, Defendant. Case No. OCN# PA File No State of Missouri County of Greene ss. FELONY COMPLAINT COUNT I (Missouri Charge Code: The Prosecuting Attorney of the County of Greene, State of Missouri, charges that the defendant, in violation of Section , RSMo, committed the class A felony of murder in the second degree, punishable upon conviction under Section , RSMo, in that on or about June 15,2012, in the County of Greene, State of Missouri, the defendant knowingly or with the purpose of causing serious physical injury to BJG caused the death ofbjg by striking him in the head. OUNTII (Missouri Charge Code: In the alternative, the Prosecuting Attorney of the County of Greene, State of Missouri, charges that the defendant, in violation of Section , RSMo, committed the class A felony of abuse of a child, punishable upon conviction under Section ,RSMo, in that on or about June 15,2012, in the County of Greene, State of Missouri, the defendant knowingly inflicted cruel and inhuman punishment upon BJG, a child less than seventeen years old, by striking BJG's head and BJG died as a result of injuries sustained from this conduct.

2 State v. AUSTIN M PELLEY The facts that form the basis for this information and belief are contained in the attached probable cause statement concerning this matter, which statement is made a part hereof and is submitted herewith as a basis upon which this court may find the existence of probable cause for the issuance of the warrant. WHEREFORE, the Prosecuting Attorney prays that an arrest warrant be issued as provided by law. DAN PATTERSON Prosecuting Attorney of the County of Greene? State of Misso.~.9y. / / /. y{--. ~~ '!,,/ ~ C... -".~..{_.....,-/ T. Toad Myers /' Assistant Prosecutin I ttorney Missouri Bar No Boonville Ave. Springfield, MO ( FAX ( T. Todd Myers, Assistant Prosecuting Attorney of the County of Greene, State of Missouri, being duly sworn, upon oath says that the facts stated in the above information are true, according to his or her best information, knowl~d belief. ",/ ~ '." iodd Myers Assistant Prosecut.

3 SPRINGFIELD POLICE DEPARTMENT PROBABLE CAUSE STATEMENT Date:,fiI September Case #: I, Kevin L. Shipley, knowing that false statements on this form are punishable by law state as follows: 1. I have probable cause to believe that Austin M. Pelley, white/male, DOB\ c~,!}7mo,committed one or more criminal offenses. m-90,ssn_ 2. The following crime(s happened on /1930 hours at 821 S. South Avenue, apt. #207-A in Springfield, Greene County, Missouri. 3. The facts supporting this belief are as follows: On Friday, 06/15/12, SPD Patrol Officer Daniel Rankey was dispatched to Mercy Hospital at 1235 E. Cherokee, at the request of Dr. Cooper, who had reported to 911 that a two-year-old male, later identified as "BJG", was transported to their location after his mother found him unconscious. Upon Officer Rankey arriving at Mercy Hospital ER, he was advised by emergency room staff that the child arrived in critical condition with a bruise on his face that was near his cheek and below his left nostril and a C.A.T. scan indicated the child was suffering from a brain bleed with a significant closed head injury and had been rushed to the operating room for surgery. Officer Rankey was later contacted by Mercy Hospital medical staff, who advised that two year old victim "BJG" was out of surgery and in extremely critical condition and during surgery a portion of his skull was removed in order to relieve pressure. Officer Rankey was further advised by the medical staff that two year old victim "BJG" had severe bruising on his face with several additional blue-colored bruises and older brown-colored bruises on his body, his pupils were fixed and dilated and he was not responding to pain stimulus. During the course of this investigation, the child's mother, Chelsea J. Garrison, has informed officers that she left her two year old son "BJG" in the care of her boyfriend, Austin M. Pelley, when she went to school. She stated she had been dating Pelley for the past two to three months. She stated that she left "BJG" at Pelley's apartment which is located at 821 South Avenue, apartment #A207, Springfield, Greene County, Missouri. A search warrant was executed at that address and SPD Detective Neal McAmis and I conducted a canvas of the apartment complex. Revised 02/13/2007 Case Number: Page 1 of 3 00-IN-0335

4 During the canvas, Detective McAmis contacted Arthur Breach, who resided in apartment #AI07, located directly below Austin Pelly's apartment. Arthur informed Detective McAmis that on between hours while in the shower he heard two loud booms from the apartment directly above him and thought the resident above him might have dropped something on the floor, which during a later follow-up interview he equated the booms to a ten pound dumbbell being dropped from waist level. Arthur further advised Detective McAmis that he didn't hear any disturbance or noises coming from the apartment above him after hearing the loud booms and knew that a male named "Austin" lived in the apartment above him. During the same canvas, I contacted Marc Regnier, who resided in apartment #A206, located next door to Austin Pelly's apartment. y" r Marc stated that sometime between hours while walking home frotn work, he observed Chelsea leaving alone in her vehicle while wearing her "scrubs", which he knew she wore to class. Marc stated that between hours while inside his apartment he heard what sounded like someone striking a slab of beef with their fist, coming from Austin's apartment and "BJG" crying and Austin mimicking "BJG", but at the time thought "BJG" was having another temper-tantrum and after a few minutes "BJG" calmed down and he didn't hear any noises coming from Austin's apartment. Marc stated sometime between hours he was inside of his bathroom where he heard what sounded like two loud "thuds" on Austin's bathroom floor, which he described as similar to a sack of potatoes being thrown onto the ground, but didn't hear any crying or other noises and thought "BJG" had possibly thrown something onto the floor. Marc stated that a few minutes later he observed Chelsea return to the apartment complex, at which time she appeared "freaked-out" and ran into Austin's apartment and after a few moments observed Chelsea exit the apartment carrying "BJG" and described "BJG" as unconscious and his body limp. Marc stated he then observed Chelsea depart with "BJG" in her vehicle and Austin went back into his apartment where he exited minutes later and stated something to him about only leaving "BJG" for two minutes and that they had been in the bathroom playing in the water having a good time and Austin then departed in his yellow Volkswagon. Marc informed me that when he observed Chelsea carrying "BJG" out of the apartment, "BJG" wasn't wet nor was Austin. Marc stated that at approximately 2130 hours, he observed Austin return to his apartment where he removed some kid's toys, along with some clothes that he placed into his vehicle and departed. On Sunday, 06/17/12, I was notified that two year old victim "BJG" had died from the head injuries he had sustained while in the care of Austin Pelly. On Monday, 06/18/2012 an autopsy was performed on victim "BJG" in Columbia, Missouri by Boone County Chief Medical Examiner, Dr. Carl Stacy with an in-depth examination of the victim's brain being later conducted by University of Missouri Nueropathologist, Dr. Douglas Miller. The Revised 02/13/2007 Probable Cause Statement.dot Case Number: Page 2 of 3 00-IN-0335

5 autopsy revealed retinal hemorrhaging and abusive head trauma. The cause of death was determined to be a closed head injury and the manner of death to be homicide. The facts contained above are true. Sign ~k2~ re lor-tr DSN b..,. ef'r~ Title Revised 02/13/2007 Probable Cause Statement.dot Case Number: Page 3 of 3 00-IN-0335

6 State of Missouri VS. Austin M Pelley PA File No COURT INFORMATION FOR WARRANT OR SUMMONS From Prosecuting Attorney DEFENDANT'S ADDRESS: 821 S South Ave Springfield, MO CHARGE(S: CHARGE(S: Count I: Murder 2nd degree, Class A Felony Count II: Abuse of child - resulting in death, Class A Felony BOND RECOMMENDED: $200, OPEN COURT BOND REASONS: Defendant originally involved in a cover up regarding where events occurred designed to minimize his responsibility for what occurred. Possibility of life imprisonment if convicted greatly increases potential for flight of defendant. Delay in filing was the result of waiting for final neuropathaology report and autopsy report. SPECIAL CONDITIONS: Obey all laws, no contact with any child, no contact with Chelsea Garrison or any witness, GPS monitoring, surrender passport OFFICER & AGENCY: Kevin Shipley, Springfield Police Dept. DEFENDANT DOB: ~1990 DESCRIPTION: X Issue Warrant Issue Summons SEX: Male RACE: White SSN: DLN: DLN STATE: HEIGHT: WEIGHT: HAIR: ' Any pending cases? _Yes_No Case number of pending case in Division of Assignment per Administrative Order of 2/26/07: APA Name/Bar No. assigned: EYES:

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