12:3?' lviagisteriai District Court 522 2.751 COIVTMONWEALTH OF POLICE CRIMINAL COMPLAINT - COMMONWEALTH or= COUNTY DELAWARE VS. Magisterial District Number: 32-'1-33 MDJ: Hon. Harry Karapaltdaa DEFENDANT: (NAME and ADDRESS): Address: 1550 Garrett Road Ummfid Rushdi I 319 525.5999 . 979 Castle Pond Drive York. PA 17402 .. . -- . ."NCiGE>ttradition CodeType . . A - . 1.Fe|ony Furl No Ext. 1] EM isdemeanor Limited E-Mi5demeanorPan ding Cl 2-Felony Ltd. iony Pend. El C-Misdemeanor Surrounding States [1 gimme, 3-Felony States DA-Misdemeanor Full Dimisdemaanor No Extradition - . - . .. INEORMAT ON . . . . - Num her Date Filed 0TNILlvaScan Number Gompiaintilncident Number SID Request Lab Services? 5? pg, -7.4 3 0812712013 . 13-31793 363-98-T3-6 YES [1 No GENDER noe 'l0I20!1982 i Poe Pakistan. Other I Add'! 1303 I co-oerenoantisr Male First Name I Middle Name Last Name Gen. Female AKA RACE While Asian Black Cl Natl ye Am artoan mtknown Hispanic min coma (Redi'Aubn.) any (sandy) UBLU (Blue) [1 F'LE(Purpio) a [lane (Brown) BLK term) one (Orange) Eiwnr (White) (Unl4JEald) [1 can (Green) PNK (pm; BLN (Blond: I Strawberry) . are oomn [1 am (Blade) [jaw (am) (Brown) 1] GEN (Green) day corny) HA2 (Hazel) [Juan (Maroon) 1] PNl<(Pini<) 1:1 MUL{Mu|lioolored) [1 (Unknown) state PA License Number @841 4616 Expires: (lbs-if . . YES [3 N0 DNA Location - 175 [iij'rfi1tg'_iar _g5oa7woo Ft, yes igtno VEHICLE.-INFDRIVQATION . . .. State Hazmat Registration Comm'! Veh. School ?th- NCIC Veh- Code Re. Fiim 1' I3 ker (MMNY) Ind. Von. 53 sage A van Year Make Model style Color .l:>eceuse:- . "(rho attorney for the Commonwealth may rEqi.ilrB that the compleinfiarreetwarrant or both be approved by the attorney for the Commonwealth prior to filing. sea Pa.R.Orim.P. 507). Writs. DDA . . 8- (Name or the attorney fimha cnrrimonwaalth) or the ottomoyror the commonwualth) (pm) I, Edward Sllberstein Bred Rose 0103 0109 is '(Name of the Afiiant) (PSPIMFOETC -Assig had Afiient ID Number& Badge of Upper Darby Police Department PA0233700 (identity Department or Agency Represented and Political Subdivision) (Police Agency ORE Number) do hereby state: (check appropriate box) 1. I a'ccu'e"e' the above named the address set' forth above" accuse the defendant whose name is unknown to me but who is described as I accuse the defendant whose name and popular designation or nickname are unknown to me and whom i have therefore designated as John Doe or Jane Doe with violating the penal laws of the Commonwealth of at 23111 - 6604 Chestnut. Upper Darby, PA 19082 ma "Em 3 in Delaware County 23 on or about SUN - 5/ 4/2013 03100 W5- (County Code) 12:37l-rlagisterial District Court 522 2x51 fit POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTNILiveScan Number complaint/incident Number 'i3-31793 .. - First: Middle: Last Dafelldailt Name . Ummad Ruehdl -n-nu: 2. eel: that a warrant of arrest ore summons be issued and that the defendant be required to answerthe charges I have made. 3. I verify that the facts set forth in this Complaint are true and correct to the beat of my knowledge or information and belief. Thie verification is made subject to the penalties of Section 4904 of the Crimea Code (18 relating to unsworn falsification to authorities. 4. This complaint is comprised of the preceding Page, as well as the attached pages that follow, numbered 3 through 12 ,apecifying offenses and Participants, if any. The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth of and were contrary to the ACt(s) of the Assembly, or in violation of the statutes Cited. (Before a warrant of arrmt can be issued, an affidavit of probable Cause must be completed, sworn to before the issuing authority, and attached. August 27. i . 2013 (Dale) AND NOW. on this date 3/ 32-1-35' 'TMagIsIerIaI District Court Number) 4,927' An aflidavit of probable cause muatbe eon-Ipleted before a warrant can be leeued. gnature omfflant) I Certify ihatthe oomplainthas been properly completed an ven Ied. SEAL rs B22 2?51 P. 0832132013 12:3? Magisterial District Court -2iIi3it~ POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTNILlveScan Number Complaintlincident Number 08/27/2013 1331793 First: Middle: Last: . Ummad Rushdi appropriate. When there is more than one offense. each offense should be numbered chronologically. (set forth abriefsumrnar-y or the facts aufiicientto advise the defendant ofthe nature ofthe offenee(e) charged. A citation to the stetute(a) allegedly violated, without more. is not sufficient. In a summary case, you must cite the specific eectlon(e) and eubeecti ohm or the atatute(s) or ordinance(e) aiiagad violated. The age of the victim attha time ofthe offense may be included if known. in addition, social security numbers not financial information (6.51. Pl 3) should not be listed. If the identity of an account must be established, let only the last four digits. 204 FA.code 213.1- 2131) .-4 Attempt Solicitation conspiracy Offense'. 18 901 A 1890214 18 903 1 2501 A fiifig 13 1 . 1 Lo cl?' near! Radian _a_L??_e?i_icILn PA Statute Egg) Caurflg Grade Ncicoffenco code GRINIBRS Code - Statute Description (include the name of statute or ordinance): Criminal Homicide Acts of the Accused associated with this Offense: GC2501A - Criminal Homicide See Attached Affidavit of Probable Cause . Attempt El Soiicitation conspiracy Offense 18 901 A 1890211 18 90.3 2 2502 A 15 1 1 _otf_I?se# subsection PA sgalute (Title) counts Gracia ommga coda ucmfifias cod. t' Safety Zone Worit Zone Statute Desc fiption (include the name of statute or ordinance): Murder of the Irst degree . Acts of the Accused associated with this Offense: ., . . . See Attached Affidavit of Probable Cause Attempt Solicitation Conspiracy IOffehse 18 901A 18902A 18 903 El 3 2502 1e 1 1 SII:_tion Sui-aggtion FA Statute counts Grade Nclt: cod; ucamiafig god, . bi-ah.) .. [j.Safeiy.zona .. .- .I3.Wcri< Statute Description (include the name of statute or ordinance): Murder of the second degree Acts of the Accused associated with this Offense: 0025028 - Murder of the second degree Sea Attached Affidavit of Probable Cause oer27'r2o13 12:38 Magisterial District Court (Fmsin 522 2151 POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTNIL.ive8can Number Cornpleintlincident Number 08/27/2013 13-31793 . -. t: . Fm Ummad as Rushdi appropriate. Whenthere is more than one offense. each offense should be numbered chronologically. (33: {mm a brlefaummary oftha facts sufiictanttc advise the defendant ofthe nature of the o!fense(s) charged. A citation to the statu'te(e) allegedly violated, with out more, is not sufficient. in a summary case. you must cite the specific eccflon(s) and subsectl on(e) of the 5tetute(s) or ordlnan ce(s) allegedly violated. The age of Pms) should not he lists the victim am-in tin-in nrtha ctieree may be included it known. In addition. so clal security nu more and financial inrormadon ct. If the identity Of an account must be established, only the last four digits. 204 FA.Code 213.1-- 213.7.) i Offense . Solicitation 18 90'! A [fl conspiracy 2502 1 F1 1 Lead'? {If 1' P5 Statute Eitla} Section uhsecilcn Coung Grade NCIG Qflonse Code Nuihber - Safety Zon Work Zone . Statute Description (include the name of statute or ordinance): Murder of the third degee - Acts of the Accused associated with this Offense: CC2502C - Murder of the third degree . See Attached Affidavit of Probable Cause lricfieett. 'Off?'r'1s'e El Soiicitettcn Attempt 18 901 A 76 902A 1] Conspiracy 13 903 El 5 A2 18 2901 F1 28 Lead? Otfunn# Sec_t_lon Suhsectign '(if efinllceblei . . Humour PA Statute Itia Connie Grade Safety Zone Offense Code UGRINIBRB Coda Work Zone Statute Description (include the name of statute or ordinance): Acts of the Accused associated with this Offense: - . I See Attached Affidavit of Probable Ctause Attempt Solicitation Ijconeplrecy Offattse 18 901 A 16 902.4 903 [Ii 5 2901 A3 16 1 25 Lead? cJt!unu# Section Subsection PA Ste_tui.e ffitie) Counts Grade Offnnaa Code uca/Ni_aas coup . . . Zone. .. . D,Work Zone Kidnapping Statute Description (include the name of Acts of the Accused associated with this Offense: CC29D1A3 - Kidnapping See Attached Affidavit of Probable Cause UCRINIBFIS Gotta 12:38 Magisterial District Court 522 2751 POLICE CRIMINAL COMPLAINT Docket Number. Date Filed: Ci'i'NlUvs8can Number Compiaintlincident Number 08l27I20'i3 '13-31793 pefefl?gnt Nam: I U: First: Ummad Middle: Last Rushdi i appropriate. When there is more than one offe nse. each offense should be numbered chronologically. (Set forth a briefeummary of the facts sufficientto advise the dlfandant ofthe nature ofths affan3a(3) charged. A citation to the statuteis) aiiegadly violated, without more. is not eufficiant. in a summary case, you must cite the specific soction(s) and subesotlonisi of the statutotsi or ordinanosis) allegedly violated. The age of the victim atths time of the offense may be included if known. in addid on. social security numbers and financial information PINE) should not be listed. lfthe identity of an account must be established, list only the last four digits. 204 PA.Code 213.1 - 213.7.) Attempt Solicitation conspitaoy -Offefise2909 a 1s 1 F3 23 Load? gyanaas . . Sedlon sulmcuon Statute itia Coy_r_1t_: Grade NCIO Offense cm Code Statute Description (include the name of statute or ordinance): Concealment of Whereabouts of A Cl1i_ld Acts of the Accused associated with this Offense: CC2909 -- Concealment of whereabouts of A Child See Attached Affidavit of Probable Cause _irI_c_i_1oate [3 'Attempt Solicitation ij Conspiracy Offense, . 18 901.4 13 502A 13 903 El 8 4910 3.1 18 1 M2 10 Load? I Oitbncutl Sodlon . . PA statute itio counts da flout: Dfionsc coda code mesons swam statute Description (include the name of statute orordinenoe): Tampering Wit": Or Fabricating Physical Evidence Acts of the Accused associated with this Offense: . .. .4-u.u jg: -uuvuu --1 See Attached Affidavit oi' Probable Cause Attempt Solicitation 5 Conspiracy offense . 18 901A 13 902A 15 903 9 5510 1 M2 25 Load'? Ottenaefl Benign I Subsection PA statute lilo) Counts Grade NCIC Offense Code UCRINIBRE Gods "2 5 -- -- E]-Safely Zone .. Statute (include the name of statute or ordinance): Abuse orpse Acts ofthe Accused associated with this Offense: CC5510 Abuse oi' Corpse See Attached Afiidavit of Probable Cause 12:38 Magisterial District Court B22 2151 fit POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTNll.iveScan Number Number 08/27/2013 'l3-31793 First: Middle: Last Defendant Name Ummad Rushdi interview. AFFIDAVIT of PROBABLE CAUSE On Tuesday, August 8, 2013 at 2147 hours, Officers from the Upper Darby Police Department responded to 8804 Chestnut Street, Upper Darby, PA 19082. for a missing ssven--month-old child who was possibly deceased. Upon arrival, Lieutenant James Reif #727, spoke with, the defendants brother, who will be listed throughout this Affidavit as Witness who stated that he was from York, Witness #2 advised Reif that his brother, the defendant. Ummad Rushdi. DOB 'i0-20-1982, who will be listed as the defendant, killed a sevemmonth old child, who will be listed as the Victim, throughout this Affidavit. Witness #2 stated that the defendant is the step-father of the Victim, and also the child's step-father. Witness #2 further stated that after the defendant killed the Victim, he fled the residence with his body. He advised Ralf that he did not icnow the whereabouts of either the defendant or Victim. Again it should be noted that the defendant is not the biological fatherto the Victim. Witness his sister, who will be listed as, Witness #3 and the child's mother, who will be listed as Witness agreed to come back to Upper Darby Police i-ieadquarters for a formal At the police station, Witness #1 explained that she woke up Sunday morning August 4, 2013 and both the Victim, and her boyfriend, the defendant, were missing from the residence, both of whom were there when she went to bed on Saturday. August 03, 2013 at 2200 hours. Witness #1 stated that she has not spoken to the defendant since Sunday, August 4, 2013 at 0300 hours. She stated that the defendant woke harup at 0300 hours, asked her for the things in his pocket and told her he had to move the car. The car, a tan Lincoln, belonged to Witness'#2. Witness #1 stated that she then went back to sleep. She explained she never heard the Victim cry out during the night on Saturday August 3rd and she never gave the defendant permission to take her son. While on location at 6604 Chestnut Street, Relf conducted a cursory search of the residence due to the exigent circumstances of a missing seven-month old child. While conducting the search, Witness #2 advised Ralf that the baby was not on location, that the defendant took his Lincoln Continental bearing registration JBW4763, and fled the residence Sunday morning.,. He further advised that he was contacted by the Columbia, Police Department on Monday morning. August 5, 2013. He stated that Columbia Police Department advised him that his Lincoln Continental was located off of Route 30 in Columbia. Witness #2 further stated that the police advised him that the vehicle was off the roadway. stuck on a 'pole, and had to be towed by the police department. He stated that he then made arraignments and went and picked up the vehicle. While Ftelf was on location, the vehicle was parked outside the residence. At this time, Rsif conducted a cursory search ofthe vehicle due to the exigent circumstances of the missing baby and the fact that Witness #2 stated that the Victim was transported in that vehicle. The baby was not located, but Ralf did observe a shovel in the trunk. The trunk was closed. the vehicle was towed back to Upper Darby Police Headquarters. and piacedrin a secured garage, pending application for a search warrant. While at Upper Darby Police Headquarters, Witness #1 provided a signed, written statement to Detective Sergeant Daniel Lanni #841 explaining the details of what happened since Saturday August 3. 2013. Witness #1 explained how she did not learn from Witness #2 that the'defendant'i> UUXZXKAUIJ IAIJUMEQISCBFIEI D44 Aral pouca CRIMINAL COMPLAINT Docket Number. Date Filed: OTNlL.lveScan Number Number 05/27/2013 13-31793 t- Defendant Name First Ummad as Rushdi AFFIDAVIT of PROBABLE CAUSE family were trying to locate him and the Victim. At one point. Witness #2 called Witness #1 and explained he had spoken to the defendant and he told her, the defendant was going to Maine to drop the Victim off at her mothers house. While at Upper Darby Police Headquarters. Witness #2 provided a signed, written statement to Criminal investigator Edward #108. He explained he came to Upper Darby to tell the mother of the child what his brother, the defendant told him. He explained the defendant said the baby was crying in the middle of the night, he shook him and the next thing he knew the baby was not breathing. The defendant further advised Witness #2 that he took the child from the residence and buried him, but did not tell him where. While at police headquarters, Witness who is the sister of both the defendant and Witness #2 provided Criminal investigator Francis George #94, with a signed, written statement. in this statement Witness #3 stated. "On Tuesday. August 6, my brother Witness #2 called from York around 10 am. and he was very upset and crying. i asked him what was wrong and he said he couldn't tell us over the phone. He told me that he was driving up to Upper Darby. Witness #2 got to my house at 6604 Chestnut Street and told me he spoke with the defendant. He stated that the defendant told him that on Sunday morning the Victim wouldn't stop crying so he shook him. He said that he shook him and he stopped breathing. The defendant then said that he panicked and picked up the baby and left the house (6604 Chestnut Street, Upper Darby). The defendant stated he couldn't face his family after what he had done. He stated that the defendant said he then buried the baby." She was asked. "What kind of vehicle is the defendant driving?" and she stated, "a Lincoln, gold in color. it's an older model)', Witness #3 was then asked, "Was the defendant having any problems at home?" and she stated, "The defendant has always felt bad about the Victim, because he is not his biological father. He said that he couldn't adopt him because -he felt that when he had his own children. that he would not be able to treat the Victim the same as his own. He felt that this would be extremely unfair to the Victim." On August 7. 2013 your Afflanta learned that Officer David Souders, from Columbia Borough Police Department responded to the area of Route 30 and Route 441 on August 4, 2013 for a vehicle stuck off of the roadway. He stated that upon arrlvai to the area he located a tan. Lincoln sedan bearing registration JBW-4763. registered to Witness #2 from 979 Castle Pond Drive, York PA 17402. Scuders stated that the vehicle was about a car's length off a stone parking lot in the brush. He further stated that the vehicle was stuck on a pole that was covered in vegetation and that it had to be towed from the area. Scuders stated that the vehicle was immobile next to an access road that leads to a PPL power piant. which is surrounded by a heavily wooded area. On Wednesday, August 07, 2013, Sllbersteln prepred and completed a Search Warrant for 6604 Chestnut Street, Upper Darby PA 19082. The Search Warrant was reviewed and signed by the Honorable District Justice Harry Karapalidls, District Court at 0000 hours. and had a nighttime exception attached. The search warrant was executed at 0033 hours, by Criminal investigators Francis George #84, Robert Bennett #22, John Cunningtham #57, and members of the Division. During the execu_tiorlp_l'_the 'Search Warrant investigators selzeda bibfbo la and a baby pacifier. Upon completion ofthe search warrant it was confirmed the Victim was not on location, On Wednesday. August 07. 2013. at 0145 hours, the York Area Regional Police Department, responded to 979 Castle Pond Drive, York. PA 17402 in an attempt to locate the defendant. for an outstanding warrant from the Upper Darby Township Police Department. The defendant provided 979 Castle Pond Drive, York 17402 to the Department of Transportation as his primary address. When York Area Regional Police Department responded to this location and attempted to make contact with the defendant Upon arrival the defendant fled out the rear sliding door carrying a backpack and was immediately taken into police custody. While corporal Michael Georgiou was waiting with the defendant, he began speaking with Georgiou. Georgiou stated that the defendant asked him, "Do you believe in God". at which time he responded he did. He further stated that the defendant stated, "Do you believe God will forgive us for our mistakes." The defendant then stated, know I made mistakes, I hope God forgives me." At this time, the defendant was transported to York Area Regional Police Headquarters. Upon arrival to York Area Regional Police Department. Ross and Silberstein met with Dfficer Michael Jr. #86, who is assigned to the Detective Division. . Upon meeting with Zinc, he prapared_and_c_cmpieted _a Search Warrant for 979 Castle Eond__Drive__o_n l_n_forrna_tlon received from Ross and Siiberslein. The Search Warrant was reviewed and signed by the Honorable District Justice John H, Fiche], at 0729 hours on August 7, 2013. At 0815 hours, Zinn, Ross, and executed the Search Warrant at 979 Castle Pond Drive. York. PA. Upon the execution of the Search Warrant, the victim, was not located Inside the residence. During the execution of the warrant the following items were seized: Located on the first floor in the defendant's bedroom: mail addressed to the defendant, white with blue and red striped blanket, plastic grocery bag containing a clothing with possible blood stain, documents with (Continued on next page) (Signature of Affiant) .9 12:38 Magisterial District Court 822 2351 fir POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: - OTNiLlve8can Number Compiaintliricident Number 13-31793 M'dcil Defendant Name First Ummad I as Rushdl AFFIDAVIT of PROBABLE CAUSE CONTINUATION the names Witness #1 and the Victim, and a Social Security Card for the defendant. At this time, Ross and Sllberstein returned to York Area Relonai Police Department to transport thedefendant back to Upper Darby Township, Delaware County. Before transporting the defendant back to Delaware County. the defendant was read a Waiver of Extradition form by siibarstein, at which time he read, stated he understood. and signed the waiver. agreeing to be brought before a District Justice in the County of Delaware. Before being transported, Ross and Siibersteln attempted to interview the defendant. Sllberateln attempted to read the defendant his Constitutional Rights, at which time he stated, "1 think i need an attorney." Rose and Silbarstein stopped the interview with the defendant and he was transported from York to Upper Darby Township. At approximately 1130 hours, the defendant was placed in the Upper Darby Police Detective Division holding room. Upon being placed in the room, Silbaretain removed the handcuffs and shackles from the defendant. While removing the handcuffs from the defendanhhe began talking about God and religion. Approximately one hour later the defendant knocked on the holding room door at which time Detective Captain George Rhoades entered the room. The defendant stated he was cold and wanted blanket. Captain Rhcades advised the defendant he could not have a blanket for safety reasons. Again, the defendant started talking about religion, and about good and evil deeds. The defendant stated that he could only be judged by God and "not the system." He further stated "You will never find that baby. I am sorry for what I did." On Thursday. August 8, 2013 Witness #1 came to police headquarters with her family. Witness #1 stated she had additional details, which she believed would assist in the investigation. Silberstein interviewed Witness #1 who wanted the police to know her seven-month old son was very active, happy and crawled all around and he did not cry much. She provided a signed. written statement to criminal investigator Edward Sllbarsteln #108. She outlined the controlling relationship she had with the defendant anddesorlbed various times the defendant hurl the Victim. Specifically, she described an incident just days before, the defendant fled with the Victim. Where he grabbed him roughly and hurt his shoulder. During this interview Criminal investigator Siibersteln also asked Witness "Did defendant ever threaten to take the Victim from you?" Witness #1 stated on Saturday August 3rd defendant said he wanted to get rid of the Victim. He said he is going to take the victim to Witness #1 mom's house in Maine and drop him there. He then said, ''If not, i will throw him off a bridge before i get titers." Five minutes later defendant said, "l can get away murder." Witness #1 further explained to Siiberstein what happened after the defendant made these threats. Witness #1 explained she gave the Victim a bath and put him to bed with her. He went to sleep and than the defendant woke him up and took him out of the room and put "him she' 'comes' "outer lie' "to" Y'o'rk' 1' she next sdawtthe defendant at three in the morning when he came in asking for the things in his pocket. This was the last time she saw the defen an . On August 8, 2013 Criminal investigator Michael Pecko #91 interviewed Witness who resides at ?379 Castle Pond Drive, York PA 17402 with Witness He was asked, when was the last time you saw the defendant at the house? and he stated, ''It was Monday evening around 5pm. he was with Witness #2 he was sitting outside talking to Witness #2 and his (defendant's) face was completely white. i asked if he was _and he said to me that he saw a ghost. was in the garage making beef casserole. i asked him if he wanted to eat and he said people with a guilty conscience should not eat." on Thursday. August 8th 2013 at 1820 hours. Deputy Warden Marlo Colucoi from the George W. Hill Correctional Facility contacted Detective Captain George Rhoados #812 in reference to the defendant. Ccluocl further stated that he received information that the defendant wanted to speak with a detective, so he could confess. Coiucci then spoke with the dafan dent and asked him if he wanted to speak with a detective from Upper Darby. The defendant stated. "Yes, who can i taik to George?" -At approximately 1930 hours. Rhoades. Ross. and Silbarstein responded to Delaware County Prison to speak with the defendant. Upon arrival at 1930 hours, an attempt was made to give the defendant his Miranda warnings concerning this investigation. The defendant interrupted the Miranda warnings and began making several unsolicited statements. He stated, "l put him upstairs he was crying. I play around with him roughly. shake him so he realizes to be quite. He was upstairs and when he sees her he cries, he was not breathing i tried to give him C.P.R. I wrapped him in a sheet and put him in the back ofthe car and buried him." He said he first brought the baby to (Continued on next page) fat: 5 nature ofAffiani an 822 2751 12:39 Magisterial District Court 1&5: POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: DTNIiJveBcan Number Number 0812712013 18-31793 'First: Middle: Last: Defendant Name Ummad Rushdi AFFIDAVIT of PROBABLE CAUSE CONTINUATION York and buried him under a stick pile but Tuesday he felt bad so he recovered the body and buried him. He further stated, "When I get out oflall I'm going to dig him up and l'm.golng to bury him in my backyard." He then stated, "l'm.not writing this down because society will Judge me for what I did and not for all the good i have done. ifl write it down you have me and i can't retract it but ifl go in front of a judge I can tell him what i did without me." At 1635 hours. investigator Leo Hanshaw# 20 obtained a signed written statement from Witness #5 who resides at 979 Castle Pond Drive. York. PA. in this statement she was asked, "Who lives here with you?"' Witness #5 stated Witness Defendant. Witness Victim and Witness and several others that pay rent" Witness #5 was asked. "Did you see the defendant do anything to the baby?" She stated, "He didn't like to hearths baby cry. He would yell at the baby to stop crying. Sometimes he would cry and the defendant would yell and than the crying would become mufiied. l-is (defendant) said onetime he was going to tape the baby's mouth shut. i was concemed about the treatment and thought someone should call the cops, but that should have been his wife." Also through the course of this investigation, Siiberstein was contacted by Witnesses #8 and They stated that on Sunday. August 04, 2013, at 0830 hours, they were both at the Turkey Hill Experience located near Route 441 and Route 30 in Columbia, Lancaster County, waiting for a church bus that transports them to their Sunday service. it should be noted that where Witnesses #6 and observed the defendant was a very short distance from where his vehicle was located. They further stated that they observed the defendant on the news and that they had met him while waiting for the church bus. Witnesses #6 and stated that they observed the defendant walking on a sidewalk carrying a plastic bag and a Quran. As the they approached the defendant he stopped Witness #6 and stated. "Are you going to York?" The defendant then stated to Witness "my cerlust broke down up the road. can I have a ride to York?" At this time. and #7 advised the defendant that they are waiting for the church bus to take them to Sunday church service and that he could ask the bus driver for a ride. when the bus driver, Witness #8 arrived, the defendant asked for a ride. Witness #8 agreed and invited the defendant to attend the church service with them. During the bus ride to church, Witness #8 observed that the defendant was uneasy and thought that something was not right with the defendant. At this time. Witness #8 pulled over near the Mt. Zion exit off of Route 30 in York, and attempted to drop the defendant off. When Witness #8 stopped the bus the defendant stated that he wanted to stay on the bus and go to church. The bus arrived at 0945 hours, at which time the defendant asked Witness #6 if he could attend Sunday School. The defendant went and attended Sunday school at this point. At the start of the class the teacher asked for prayer request and began to pray. While praying, the defendant kept breathing deeply like he was going to cry. The defendant looked at Witness pointed at his eye. and motioned that he needed to leave the room. The defendant left the room and proceeded to sob very loudly in the hallway outside the Sunday school room. Witness #6 went outside and observed the defendant on his knees crying. Witness #6 asked him if everything was ok and the defendant shook his head no. The defendant told him he was having problems of his own at home with his wife and he is at tha_ point where he On Wednesday August 7. 2013 Upper Darby Police went to Columbia Borough Police Department located in the Western Portion of Lancaster County, Police went to search for the Victim. On this date police then responded to the wooded area near Route 441 and Route 30 which is in Columbia Borough and also neighboring West Hempfisld Township, which is also in Western Lancaster County, it should be noted that the Susquehanna River is in this area and separates Lancaster County from . York County, Police searched this area from approximately 1600 hours until 1800 hours on this date. The following agencies unsuccessfully searched this wooded area at Route 441 and Route 30 in Columbia Borough Lancaster County, for the body ofthe defendant: Upper Darby Police Department, Columbia Borough Police Department. Federal Bureau of investigation, State Police Canine Unit. on Thursday August 8, 2013 Upper Darby Police once again responded to the area searched on Wednesday Auust 7. 2013. on this date the same area was searched for the body of the Victim. The search was extended into this wooded area and a small portion of neighboring Chicl