08/03/201 2 14:25 4055850554 KTVM TV EAGLE COMM PAGE 01/03

IN THE JUSTICE COURTIN AND FORTHE COUNTY OF MADISON, MONTANA..•..•.••• •••••• .... .. ...•••• •.. . ... ....... ••••.~ .•........•.•••• ~ .

THE STATE OF MONTANA,PLAINTIFF,

VS.

James S. Welch

CAUSE NO. .,...,.RE: PROBABLE CAUSE

DEFENDANT.•••••••••••••••••••••••••••••• ** •••••• ~~ •••••••••••••• • M•••••••••••••••••

STATE OF MONTANA ): SS

COUNTY OF MADISON )

The undersigned, being duly sworn, states as follows:

1. I am a Trooper with the Montana Highway Patrol, Gallatin County, Montana.

2. On August 3,2012 the defendant was arrested for the charge(s) of:

Negligent Vehicular Homicide While Under the Influence

3. The undersigned believes that there is probable cause to chargethe defendant with saidcharge(s) because:

1. On August J, 2012 I was called to investigatean injury ATV crash on Andesite RidgeRoad in the Yellowstone Club in Madison County. MT.

2. I was advised by Gallatin County Deputy Quillen who was on scene that there wasalcohol involved in the crash. Twas advised thathe could smellthe odor of an alcoholicbeverage on the defendant's breath.

3. I responded to the Big Sky Sheriff's Office in Big Sky and met with Deputy Quillen whohad transported the defendant there to begin mycrash investigation.

4. I spoke to the defendant who admitted he had been driving the ATV when he wasnegotiating a left curve and his passenger fell out of the vehicle. Subsequent crash sceneinvestigation revealed that he had beendrivingon the wrong side cf tbe roadway.

5. The defendant's passenger died due to injuries sustained in the crash at the scene.6. The defendant's eyes were red, watery and bloodshot. 1smelled the strong odor of an

alcoholic beverage on his breath when he spoke.7. The defendant's clothingwas soiled and bloody.8. Thedefendant is under the legal drinking age of21. The defendant has" prior Driving

While Under the Influence of Alcohol conviction on April 17,2012.9. The defendant scored a 6 on HGN.10. The defendant scored a 1on the WalkandTum.11. The defendant scored a 0 on the One Leg Stand.12. The defendant recited the English Alphabet correctly when asked to do so.13. The defendant counted backwards from 13 to 3 when asked to do so.14. The defendant refused to submit to a preliminary breath test after being advised of the

MT PAST advisory two times.15. The defendant refused to subm it to a legal blood draw request under MT Implied Consen t

Advisory when requested.

08 /03/2012 14:25 4065850554 KTVM TV EAGLE COM~'I PAGE 02/03

16. A telephonic searchwarrantwas subsequently obtained from MadisonCounty DistrictCourt Judge Tucker, in order to obtain a sample of the defendant's blood for toxicologyanalysis. A sample ofthe defendant's blood was drawn.

17, The defendant was transported to the Gallatin CountyDetention Center and held on theabove charge.

DATED THIS? DAY OF Au9l/.t±.- 20/2. ~6~SIGNATt,tRE OF AFFIANT

SUBSCRlBED AND SWORN TO BEFORETHlS 3 DAY OF r-1 fl.J.!'S+ 20/2:-$ ",w"nw/lIIIfl ' KatIe J . BrooKs .. .I~~h.~,~~: ~·~9o~~ . i ::lt,'! ry I'ublle t?{~'1 ....,. .1~~OlMIA,?~I '}., for tt \c; :~ la:t~. of Mt~ntana NO~R MONTANA.E : _ .- 0" FI(~SldH:lg a. • R 'do t 'i2. .,"~" SEAL .s» SozE;!man, Montane. eSI mg a.~""''';:='''~ ~''''''';':~=-?n--;~:-=-_ _~'" ·'ill My C0mml~lor) E'Jcplres; My commrssron expires 5 --9 - I 3~~,C1: ~\'~"'\' May9, eorl

or" fUll Il11'"

Upon reading this Affidavit:_ IT IS ORDERED THAT PROBABLECAUSE IS FOUND TO CHARGE THE

ABOVE-NAMEDDEFENDANT W1TIITHEFOLLOWING CHARGES:

_ IT IS HEREBY ORDERED THAT PROBABLE: CAUSE WASNOT FOUNDTOCHARGETHE.ABOVE NAMED DEFENDANT WITHTHE FOLLOWING CH,AR,GES:

DATED TIiIS_ DAY OF .20~. AT AMIPM

JUSTICEOF THE PEACE

08/03/2012 14:25 4055850554 KTVM TV EAGLE COMM PAGE 03/03

IEFENDANTSUMMONS) NOTICE TO APPEAR

MONTANA HIGHWAY PATROl ICITATION NUMBER

510 A325108 E

DCDl

STATE ZIP CODENY 10708DATE OF BIRTH AGE11/08/1992 19

EMPLOVER PHONE

EYESGRN

HEIGHT HAIR510 BRO

EMPLOYER

_--' I I~I ~ 11111mIII1IW~1 1111 ~~ III ~ 1III1IIIII ~I ~ 1~ 1 1111 111 1I 1 1I1I :AM~~:r:S~~~~IE LAST)STATE OF MONTANA vs JAMES SINCLAIR WELCH

• SlREET 0 ADDRESS DIFFIiIU:Nl111AN REGISTRATION

YOU ARE HEREBYGIVEN NonCE TO APPEAR IN COURT 299 PONDFIELD RD

;OURT NAME i~NXVILLE~ADlSON COUNTYJUSTICE COURT SEX WEIGHT.OCATED AT M 165l10 EASTWALLACE STREET,VIRGINIA em MT 59755 HOME PHONE)N OR BEFORE TIME aJURTTELEPHONE 911-859-0638)8/14/2012 0900AM 406-843-4231 DLlID NUMBER TYPE STATEroANSWER THIS CHAR.GE. FAILURE TO APPEAR. IN COURT OR. W0542D10430J9709992 NY~AY ASSESSED FINES, COSTS OR RESTITUTION MAY RESULT IN ~ VI:HICLE LJCENSE & STATEfHE SUSPENSION OF YOUR DRIVER'S LICENSE OR PRIVILEGI: TO AADVS064 MT

:.~.~L~~G~~~~HEBOTTOM HALF OF THIS CITATION FOR ~f2 ~~~R.lS ~~E~ER CREW 'fR!JE ~~~RVIN DOT NUMBER

YOURAPPEARANce IN COURT IS MANDATORY 4XAWH50A2CB4S4050 DCMV 0 HAZMAT

.. LOCATION OF OCCURRENCE ,. VIOLATION 0 COMPANION::OUNlYOF CITY OF (IFAPPUCABLE) THE ABOVE NAMED DEFENDANT IS CHARGED WITH VIOLATINGMADISON (25) MONTANA CODE 45-5-106

NAME / DESCRIPTION OF ROADWAY ORLOCATION fNN:A~ S~lD t?e~~N°6A~~~~~6~N~~Y ORPURPO~~LY11:50 PM

ANDESITE RIDGE ROAD OR NEGUGENTLVCOMMrrTHE FOU OWlNGOFFENSE:Vohlcular Homldde While Under Influence

~ OFFICER. IDENTIFICATION AND SIGNATURE[ hereby swear that all Information contained onthis document Istrue andmrrect to the best of my knowledge.

I

CRASH

RECEIVED

NONE

APPEARANce !lOND

AMOUNT

$0.00

o BIA TEST GIVEN 1Bl BIATEST REFUSED

DESCRIPTION OFVIOLATION

UNLAWFUL APPLlCABLESPE~D SpEeo

SPEED MEASUREMENT DEVICE

ORG I UNITMHP314-71Ar,ll, NUMIlF,R1608

<15.25720566 -111.38693665

NAM~JOSHUA BROWN

RANKTROOPER

PLEASE READ CAREFULLY. YOU MUST APPEAR IN COURT.You have been charged with MONTANA CODE Violation4$-5·106 Vehicular Homicide While Under Influence. This notice is to advise you ofcertain rights you have regarding this charge.

ACCORDING TO THIS NOTICE TO APPEAR IT IS MANDATORY THAT YOU APPEAR BEFORE THE MADISONCOUNTY JUSTICE COURT ON OR BEFORE 08/14/2012.

MADISON COUNTY JUSTICE COURT (406--843.4237)Appearances: 110 EAST WALLACE STREET VIRGINtA CITY MT 59755

TUESDAY 09:00·12:00 "EXCEPT HOLIDAYSAT: Hnp:'IWWW-CITEPAYUSA.COM/7COURT~MAOISONJPMT

PAY CITATIONS ONLINE

WHEN YOU APPEAR BEFORE THE COURT YOU HAVE THE RIGHT TO PLEAD NOT GUllTV TO THISCHARGE:

You will then: Have the righl to employ an attomey to asalst you. If the matter is one where you could be placed In jail upon conviction and ifyou are iodigent you have the right 10 have the State of Montana appointan attorney to represent you.

You have the right to a jury trial or a trial before the court and the right to have Witnesses subpoenaed to testify on your behalf.

You have the right to post bail to be set by the court until final disposition of this matter.

For your Information. points (Of various types of violations ~re listed b_eJow;venous Equipment & CMV Violations: 2 Points; Careless Driving) Tra(fio Signsl Violations; 2 Points, Sp~c:ding: 3 Points; FBil to report 01'leaving the scene of a Crash: 4 Points; R9Ck/fJSS Driving: 5 Polms,' DriVing wh //e SuspenCierJ: 6 PoInts,' Driving Under the Influence: 10Points