Arrest Warrant Robert Zaino Assault with Racial Slurs Hoops N' Hops

Application For Arrest Warrant Robert Zaino

To: A Judge of the Superior Court

The undersigned hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts

set forth in the: X Affidavit Below. Affidavit(s) Attached Affidavit

The undersigned affiant, being duly sworn, deposes and says:

1. THAT, this affiant, PFC Anthony Capezzali, is a sworn member of the Simsbury Police Department and has been as of November 14th 2014. As a member of the Simsbury Police department the affiant has conducted numerous investigations into crimes that have led to the arrest and conviction of the responsible person(s).

2. THAT, On 11/20/2022 at approximately 2303 hours, OfcArnold, Sgt Corcoran and this affiant were dispatched to Hoops N Hops located at 1187 Hopmeadow Street for an active fight between several patrons. Upon arrival this affiant spoke with bar manager Tom Odland (DOB 08/03/1990) who stated that the party responsible for the assault had fled the area in a white pick-up truck headed northbound on Rt 10. Odland showed me several pictures of the truck which was a company vehicle for a company called The Granite Group. Odiand also took a picture of the vehicles registration which was Massachusetts Reg# W75663. This affiant contacted dispatch and provided the registration, vehicle description and direction of travel and requested that dispatch advise Granby that we are looking for the vehicle-

Odland told this affiant that the two occupants of the vehicle had been causing problems with patrons while in the bar and were asked to leave. Odland said that a short time later one of the two men came back in stating that he had forgotten his wallet- Odland said that the man ran straight towards a patron and punched him in the face. Odland said that the men then ran out of the bar and fled the area in the white pick-up. Odland described the man who committed the assault as a white male in his early 30's, approximately 591', medium build, with dark hair and a dark short beard. Odland said that the entire incjdent was caught on camera and that he had already contacted and advised Manger Ashley Maynard that the police would require a copy. Odland said that Maynard would be in the following morning and that Affidavit Continued we should make contact with her. Odland also stated that the name on the tab was "Colin". Odland said that Colin was the other male that fled the scene and not the individual responsible for the assault. Odland said that the bill was paid with a company credit card. Odland requested that if were able to identify the individuals he would like them advised that they are no longer welcome at Hoops N Hops.

3. THAT, this affiant then spoke with the patron who was assaulted. He was identified as Wahid Zahebi (DOB 12/25/1975). Zahebi will be known as Victim for the remainder of this report. Victim was bleeding from the mouth as a result of the assault. This affiant asked Victim if he required medical attention and he stated that he did not. Victim provided a written statement which was as follows:

non 11/20/2022 at about 10:45 PM, I was seated in the bar at Hoops and Hops. One of customers who was sitting next to me looked at me and said, "Sucky, sucky". I asked him what he was talking about. At this point a few of the employees came over and removed the guy from the bar. The guy was about 51 6", short hair black in color, scruffy beard, and looked to be in his early thirties. I was talking to my friend Nicole when the guy came back in. He then punched me in the nose/mouth area. I was stunned at this point. The employees then dragged the guy out of the bar. I would like to press charges on the individual that punched me in the face."

4. THAT, the phrase "Sucky, suckyl% is a well known reference to a scene from the 1987 Stanley Kubrick movie Full Metal Jacket- In the scene a Vietnamese prostitute is propositioning American soldiers and while propositioning them says, "Me sucky, sucky". This is a very well-known scene from this movie and this phrase is sometimes used as a slander against persons of Asian decent. Victim is of Asian decent.

5. THAT, upon returning to headquarters this affiant called the The Granite Group and left a voicemail message advising that the operator of one of their company vehicle was involved in an assault at a local bar and that the offending party fled the scene in their company vehicle accompanied by another party. This affiant requested that they contact the police department and assist with the identification of the offender.

6. THAT, on 11/21/2022 PFC Lantiere called The Granite Group located at the West Hartford location

(860-297-7690). The Granite Group is a large Corporation with locations in CT, MA, NH and Maine. PFC

Lantiere spoke to a representative and told him what PFC Lantiere was in ARREST WARRANT APPLICATION

Affidavit Continued name of the individual who operated the White GMC bearing MA Reg W75663. PFC Lantiere was told that he would look into it and call him back.

7. THAT, on 11/21/2022 PFC Lantiere received a call from Robert "Bobby" Zaino, 27, out of Avon. Zaino was one of the two men that were at Hoops & Hops and he is the operator of the white pick-up. Zaino said the man with him at the bar was Colin Moore. PFC Lantiere told Zaino that Officer Capezzali worked the midnight shift and would not be in until 11:00pm tonight. Zaino said that he would try and stay up until then to speak with him but if he falls asleep that Officer Capezelli could reach him at 6:00-6:15am on

Tuesday morning. Zaino is aware of why the police want to talk to him and said that there is two sides to this story and stated that he hopes there was surveillance footage inside the bar- PFC Lantiere told Zaino that we were waiting to retrieve the footage.

8. THAT, on 11/21/2022 PFC Lantiere called Ashley Maynard, the manager of Hoops & Hops. Maynard said she was working on obtaining the surveillance footage from inside the bar. Maynard said that she would call either Officer Capezza[i or myself and let us know when a copy was ready for pickup.

9. THAT) on 11/21/2022 at approximately 2230 hours, this affiant attempted to make contact with Robert Zaino (DOB 02/25/1995) by telephone but got no answer. This affiant left a voicemail for Zaino requesting a return call.

10. THAT, on 11/21/2022 at approximately 2230 hours Ashley Maynard, Manager of Hoop N Hops, came to police headquarters to provide a USB drive containing a copy of the video surveillance footage of the altercation that occurred at Hoops N Hops on 11/20/2022. The footage shows the party now identified as Robert Zaino, wak through the bar are up Victim who was seated at the bar. The video then shows Zaino place his hand on the shoulder of Victim as he speaks to him. Zaino is then seen punching Victim once in the head. Zaino is then rushed by bar staff and patrons in an attempt to stop the assault.

11. THAT, on 11/21/2022 at approximately 2245 hour, this affiant spoke with Victim by telephone. This affiant asked Victim if he was aware of what the reference, "Sucky, SuckyT% referred to. Victim said that he understood that it is used as a racial slur against people of Asian decent. Victim said he has had the phrase said to him many times throughout his life in addition to experiencing other forms of racism based on his Asian decent. Victim said that Zaino said the phrase to him several times on the night in question. This affiant told Victim that the police department has been in contact with Zaino and that we would be Affidavit Continued affording him the opportunity to provide a written statement documenting his side of the story and that this affiant would advise him if this affiant was applying for an arrest warrant.

12. THAT, on 11122/2022 at approximately 0615 hours, this affiant made contact with Zaino by phone.

This affiant asked Zaino if he wanted to provide a written statement to document his side of the incident.

Zaino asked this affiant to first tell him what Victim said about the incident. This affiant told Zaino that Victim stated that Zaino had harassed him throughout the evening and after Zaino was removed from the bar by the staff, he returned a short time later and punched Victim in the face. Zaino said that he would decline to make a statement at this time until he retained legal counsel. This affiant told Zaino that this affiant understood, and that he should contact if he wants to provide a statement once he retains counsel.

13. THAT, based on the facts and circumstances contained within this affidavit, this affiant has probable cause to believe that Robert Zaino (DOB 02/25/1995) has committed the crimes of First Degree

Intimidation based on Bigotry or Bias 53a-181j, Assault 3rd 53+61, and Breach of Peace 2nd 53a-181. I respectfully request that a warrant for the arrest of Robert Zaino be issued