DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -1 SUPERIOR COURT by ghkgkyyt

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									                                                                                                              E-FILED
                                                                                                      IN COUNTY CLERK'S OFFICE
                                                                                                    PIERCE COUNTY, WASHINGTON

                                                                                                          August 14 2008 9:13 AM
 1                      SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
                                                                                                               KEVIN STOCK
                                                                                                              COUNTY CLERK
 2    STATE OF WASHINGTON,

 3                                     Plaintiff,       CAUSE NO. 08-1-03757-8

                            vs.
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      JAY NATHANIEL POE,                                   DECLARATION FOR DETERMINATION OF
 5                                                                 PROBABLE CAUSE

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                                       Defendant.
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             GERALD T. COSTELLO, 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 TACOMA POLICE DEPARTMENT, incident number
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     082210267;
10          That detectives Robert Yerbury and Brian Vold and the police report and/or investigation
     provided me the following information;
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              That in Pierce County, Washington, on or about the 7th day of August, 2008, the defendant, JAY
12   NATHANIEL POE, did stab his wife to death, followed by an unsuccessful effort to cremate her remains
     that resulted in him setting their house on fire.
13            Tacoma firefighters responded to a reported house fire at Defendant’s home in South Tacoma in
     the early morning of August 8th. Defendant was found by firefighters inside the home, in medical
14   distress, apparently because of smoke inhalation. He was taken to a hospital and put into a “drug induced
     coma.” Fire investigators have concluded that over a period of hours heat in the fireplace chimney
     climbed to a level that caused structures in the attic that surrounded the chimney to ignite.
15            After the fire was put out and during the preliminary investigation, a large zippered bag was
     found in a bedroom closet containing a large object. Investigators were concerned that a body might be
16   inside because on top of the bag they found a burned piece of animal or human remains, but they could
     not determine which. Detective Vold felt the contents through the bag but remained unsure. After partly
17   opening the zipper he saw badly burned human remains. At that point investigators obtained a search
     warrant for the scene.
18            At autopsy, the Medical Examiner, with the use of dental records compared to the victim’s teeth,
     determined that victim Eva Poe’s remains had been inside of the bag. The autopsy was made difficult
19   because significant portions of the victim’s body had been burned. However, at least ten different stab
     wounds were found on the victim’s torso. Investigators found burned parts of the victim’s body in the
     home’s fireplace.
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              Defendant’s progress in the hospital was monitored by police who suspected his involvement
     with his wife’s death. When he became alert and oriented he saw that he was hand-cuffed to his bed and
21   he saw a uniformed officer guarding him in his hospital room. Defendant immediately said, without
     prompting: “I guess this is about my home burning.” A moment later he said: “I guess this is about me
22   stabbing and burning my wife” or words close to this. The officer then responded and told Defendant that
     he was under arrest and advised him of his Miranda warnings.
23            A short time later detectives arrived at the hospital and again provided Defendant Miranda
     warnings in writing and later on tape. Detectives believe Defendant was coherent, alert, and fully
24   understood his waiver of silence and the questions being put to him. Defendant told detectives that late in
                                                                                     Office of the Prosecuting Attorney
     DECLARATION FOR DETERMINATION                                               930 Tacoma Avenue South, Room 946
     OF PROBABLE CAUSE -1                                                                    Tacoma, WA 98402-2171
                                                                                           Main Office (253) 798-7400
                                                                                                         08-1-03757-8




 1   the evening of August 7th the victim arrived home from work (as a licensed practical nurse). He described
     that they started arguing about certain behaviors by the victim that Defendant wanted her to change and
 2   that the argument continued intermittently for several hours. Around 2:00 a.m. on August 8th the victim
     essentially told Defendant that she was not going to permit him to control her behaviors and that she
 3   would choose to do as she pleased and she prepared to leave the home. Defendant said that her statement
     pushed him over the edge. He located her car keys and hid them. Defendant said that he has
     “abandonment issues” and that he was not going to let his wife leave him. Then Defendant donned a pair
 4   of gloves and turned off all the lights in the home. Defendant said that he obtained a long butcher knife
     from a block in the kitchen. He described that he then captured the victim in the hallway adjacent to the
 5   kitchen by holding her throat with one hand while repeatedly stabbing her in the torso. He said he
     stabbed her over fifteen times. He said that he ignored her pleas that he stop stabbing her. He said that he
 6   watched her die over a period of minutes.
              Defendant further described that after the victim died he dressed her wounds with bandages and
 7   put different clothing on her body because “she looked bad.”
              Defendant described, and detectives have confirmed, that he later went to two different retail
 8   stores and rented a carpet steam cleaner and purchased cleaning supplies such as bleach and hydrogen
     peroxide. He also purchased charcoal briquettes and lighter fluid.
              Defendant tried to clean up evidence of blood on the floor and on the knife he used. He said he
 9   burned the gloves he wore and the victim’s and his clothing. He stuffed the victim’s body into a modest
     sized fireplace and burned her body, trying to cremate her remains. This effort eventually set the house
10   on fire and passersby called the fire department. At some point before authorities arrived Defendant put
     the victim’s charred remains into the bag and then into the closet.
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     I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
12   WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.

13   DATED: August 14, 2008
     PLACE: TACOMA, WA
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                                                       /s/ GERALD T. COSTELLO
15                                                    GERALD T. COSTELLO, WSB# 15738

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                                                                                      Office of the Prosecuting Attorney
     DECLARATION FOR DETERMINATION                                                930 Tacoma Avenue South, Room 946
     OF PROBABLE CAUSE -2                                                                     Tacoma, WA 98402-2171
                                                                                            Main Office (253) 798-7400

								
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