IN THE JUSTICE COURT/CITY COURT IN AND FOR THE COUNTY OF GALLATIN, MONTANA ************************************************ Cause No.17<11~3t.

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1 IN THE JUSTICE COURT/CITY COURT IN AND FOR THE COUNTY OF GALLATIN, MONTANA ************************************************ THE STATE OF MONTANA County of Gallatin, CITY OF BELGRADE, Plaintiff, V. Cause No.17<11~3t.f AFFIDAVIT AND ORDER RE: PROBABLE CAUSE/COMPLAINT Elizabeth Jane Hurley (09/27/90) Defendant The undersigned, being duly sworn, states as follows: 1. I, Detective Dustin Lensing, am a sworn officer with the Belgrade Police Department, City of Belgrade, Gallatin County, Montana. 2. On January 1, 2011 the defendant was arrested for the charge(s) of: Assault with a Weapon MCA Aggravated Assault MCA The undersigned believes that there is probable Cause to charge the defendant with said charge(s) because: On January 1, 2011 at approximately 0240 hours, Belgrade Police Officers Mike Rassley and John Owens were dispatched to 100 Stiles Avenue, apartment H, as they had received a report of a male who had suffered from a stab wound. Upon arrival, they made contact with the victim, Christopher "CodyU Little, who bleeding profusely from a chest, just below the neck. single stab wound in the upper left was They also made contact with Michael Joe Morgan, a resident of that apartment who had called 911 to report the incident. Officers additionally spoke with the C' ('\ AN-PVJ uu.

2 victim's brother, Shawn Benboe, and a female who was identified as Amanda Blair. Both Benboe and Blair were located in apartment H, which is rented by Shawn and is directly across the hallway from apartment G. It should be noted that there was a copious amount of blood spatter leading from apartment H to apartment G, indicating to the officers that the initial assault may have taken place in that residence. At approximately 0315 hours I was notified of the incident and responded to investigate. Upon my arrival, I spoke with Officer Owens who informed me that the victim had been transported to Bozeman Deaconess Hospital by ambulance. I later learned that the victim had been treated for an arterial bleed and a punctured lung and was not able to be interviewed at that time. Officer Owens additionally stated that he had obtained consent to search both residences and together we inspected the scene. Upon my initial inspection, I observed what appeared to be a large amount of blood on the kitchen floor in apartment G. Lying beneath the kitchen table and below a chair was a medium sized folding pocket knife which appeared to have blood smeared on the blade. I also observed a large box containing several other types of knives lying on the table itself. The blood trail led from the kitchen area, to the living room to the front door. The trail continued across the hallway and into apartment G, ultimately ending in the bathtoom where the victim was initially found by officers. Officer Owens went on to state that another person, identified as Elizabeth Hurley, had fled from the residence immediately after the incident and had been located by Officer Rassley at her own horne at 93 Stiles Avenue. According to Officer Owens, Morgan, Blair, and Benboe had identified Hurley as a possible suspect in the assault. 2

3 Officer Owens remained on scene while Benboe, Morgan, Blair and Hurley were all transported to the Belgrade Police Department for interviews. r first interviewed Amanda Blair. Blair told me that she had been seated in the living room of Benboes's apartment at the time of the stabbing. She stated that Benboe was present with her and that she recalled seeing Hurley seated in the chair beside the kitchen table. Blair stated that she believed Little was standing near her at the time and believed that they had been arguing. Blair repeatedly stated that she was not paying much attention to their activities as she was distraught and crying over personal issues. Blair continued by telling me that it was not until she observed blood on the floor and walls that she realized something had occurred, but by this time she had already observed both the victim and Hurley run out of the residence; the victim going to Morgan's for assistance and Hurley going horne. r next interviewed Morgan. Morgan advised that he had been at his residence where he, Hurley, Blair, Shawn and Little had been having a party. He advised that towards the end of the night, he was having difficulty getting people to leave his residence, citing that Hurley was being exception81ly difficult and argumentative. He stated that he finally was able to get Hurley to leave and that Little left the residence with her, both going to Shawn's residence across the hall. He stated that sometime later, Little knocked on his door. Morgan told me that he answered the door and observed Little bleeding from his stab wound. He stated that Little made the comment, "crazy bitch stabbed men as he entered the residence. He also stated that he observed Hurley run from apartment G and out of the apartment complex. Morgan stated that he called 911 to report the incident and helped Little into the bathroom where he continued 3 SCAN-PV/

4 to bleed profusely. Morgan stated that at no time did he observe the stabbing. I next interviewed Benboe. Benboe advised that he and all aforementioned persons had been present at both his residence, and at Morgan's residence for a party. He stated that he spent much of the night in the master bedroom of the residence with Blair, as she was distraught over a fight with her boyfriend. He stated that he had observed some verbal confrontations between Morgan and Hurley throughout the evening, and while in the bedroom, overheard them again arguing as Morgan was attempting to get her to leave. According to Benboe, he heard Morgan refer to her as "crazy bitch U and told her to "get out u Benboe advised that he remained in the bedroom, possibly with Blair, and was not aware of any additional incidents or the stabbing until after Little had corne back across the hallway from the neighboring apartment. It should be noted that Shawn did state that he overheard Little tell Morgan, "Crazy bitch stabbed me. u I next conducted an interview with Hurley, who agreed to speak to me without an attorney present. Hurley advised that she had been at Morgan's residence and had been drinking heavily with all aforementioned persons. She specifically stated that earlier in the evening, she had been in the bedroom of David Hughes, who is roommates with Morgan. She advised that she, Hughes (who had left prior to officer's arrival) and Blair had all been kissing each other and that Morgan walked in on them, becoming jealous and enraged. Hurley stated that Morgan told her repeatedly to leave and when she attempted to retrieve some of her belongings, Morgan and Little began pushing and hitting her in attempt to get her to leave. She additionally elaborated by stating that she was struck in the back of the head and that Little put her in a 4

5 choke hold, nearly causing her to pass out. She stated that she came to she was laying halfway in the entryway of Benboe's apartment. She stated that she entered the apartment and observed Blair, seated in the living room crying and upset, even though she had just explained to me that she had been present with Blair in the other apartment. Hurley went on to state that she recalled very little else and did not recall anything other than pushing past two males who she could not identify and running out of the apartment complex. Hurley, who appeared to be heavily under the influence of alcohol, repeatedly stated that she was having difficulty remembering the events just prior to her leaving. She stated that she did not recall stabbing anyone, nor did she recall having a confrontation with Little in the kitchen of his brother's apartment. Hurley, who did have visible abrasions to her face and neck, repeatedly stated that she had been assaulted by Little and Morgan in the hallway of the apartment complex, but did not make any statements regarding self defense at the time and location of the stabbing of Little. It should be noted that Hurley, who is right handed, suffered a laceration on the webbing of her right hand, between her thumb and index finger. It appeared that the laceration extended toward the back (or top) of her hand and not the front. This injury can be consistent with injuries received when a folding knife, such as the one described above, closes backwards after stabbing an object or person. Again, Hurley could offer no explanation as to how she received this injury. It should be noted that Hurley also had copious amounts of what appeared to be blood on her jacket, pants shoes and shirt. Hurley stated that she believed this blood was from the cut which she received, however the amount did not appear -to be consistent with her injury. Additionally, shoe prints left in 5

6 the blood on the kitchen floor were consistent with the soles of Hurley's shoes. Based on the foregoing information, Hurley was placed under arrest for the offenses of Assault with a Weapon (MCA ) and Aggravated Assault (MCA ) to wit: purposely or knowingly using a weapon to inflict serious bodily injury to another. She was held at the Gallatin County Detention Center without bond. Dated this 2nd day of January, Signature of affiant: ("~ Det. Belgrade Police ~ Dustin Lenstng~ SUBSCRIBED AND SWORN to before me thi~~day of3/~v~'(, c/~uv/:k--- NOTARY PUBL~ FOR MONTANA Residing at ~6ft?c.-tb.{tC!,' /"1 T My commission expires~3-;j..() I I 6 rr, '\'_')\'1 \.)..J! ti v