E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON April 25 2012 2:47 PM

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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. ELLIOTT DROSHUN GOODIN, CAUSE NO. 12-1-01474-6

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant.

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S.M. PENNER, declares under penalty of perjury:

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That I am a deputy prosecuting attorney for Pierce County and I am familiar with the police report and/or investigation conducted by the LAKEWOOD POLICE DEPARTMENT, incident number 121110640; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about April 20, 2012, ELLIOTT DROSHUN GOODIN, did commit the crime of MURDER IN THE SECOND DEGREE. On April 20, 2012, at approximately 1456 hours, Lakewood Police officers were dispatched to Western State Hospital regarding a report of a homicide. When they arrived they contacted the homicide victim, Paul Montefusco, who was dead at the scene. He was located in the room of ELLIOT DROSHUN GOODIN. There was evidence of a struggle and Montefusco had a pen pushed into his skull through his ear. There was blood pooled under his head and a substance later identified as shaving cream on his head and hair. GOODIN was located in a nearby "seclusion room," a room used for patients who need to be separated from other patients, or where patients can go when they feel a need to be alone. GOODIN had apparent blood on his hands and clothes. GOODIN detained and advised of his Constitutional rights. He made several statements. Initially he denied having been involved in any way, saying a white male (Montefusco is a white male) entered his room and he (GOODIN) left. Eventually, GOODIN stated that Montefusco entered his room while he was in bed and choked him. Then GOODIN said that Montefusco had urinated on him and attempted to masturbate on or near him. A fight ensued. GOODIN described using a choke-type hold on Montefusco. GOODIN said he shoved the pen into Montefusco's ear after Montefusco had stopped moving. GOODIN then sprayed shaving cream on Montefusco's head then left the room and eventually went to the seclusion room where he was contacted. The preliminary autopsy findings indicate that Montefusco died from manual strangulation. The pen did not strike Montefusco's brain or other vital organs and appeared to have been inserted at or near the time of death from strangulation.

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -1

Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400

12-1-01474-6

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I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: April 25, 2012 PLACE: TACOMA, WA

/s/ STEPHEN M. PENNER S.M. PENNER, WSB# 25470

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -2

Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400