E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON October 19 2009 9:53 AM

SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. GERALD ALLAN HENNESSEY, CAUSE NO. 09-1-04661-3

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant. APRIL D. MCCOMB, declares under penalty of perjury: 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 081230615; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about the 28th day of December, 2007, the defendant, GERALD ALLAN HENNESSEY, did deposit check number 12558 drawn on the Wells Fargo checking account for Green Star Financial into his account with Orange County Teachers Federal Credit Union. The deposit of the check by the defendant was captured on video. The defendant is the listed signer on the Green Star financial checking account. The deposit was made at a BECU ATM inside the Safeway store on North Pearl in Tacoma. The check was made out to the benefit of the defendant for $10,000.00. The defendant then immediately withdrew $6,500.00 through ATM withdrawals, withdrawals to pay creditors and point of sale/debit card purchases. On December 31, 2007, the defendant deposited check number 12559 also drawn on the checking account of Green Star Financial with the Wells Fargo Bank. This check was also made out to the benefit of the defendant in the amount of $26,000.00. The deposit occurred at the same ATM at the North Pearl Street Safeway. This transaction was also captured on camera. The defendant then withdrew the money through ATM withdrawals, withdrawals to pay creditors and point of sale/debit purchases. Both checks were returned for insufficient funds. The credit union re-deposited the checks but without success. On March 4, 2008, an investigator with the credit union spoke to the defendant who admitted to having financial difficulties and was trying to raise money to repay the credit union. After that the defendant refused to return any phone calls from the credit union. On May 6, 2008, detectives with the Tacoma Police Department met with the defendant at the police department. The defendant was advised of his Miranda Rights and he agreed to talk to the detectives. The defendant admitted to depositing both checks while knowing that there were insufficient funds in the Green Star Financial account. The defendant said that he was self employed and his business was Green Star Financial. The defendant said that he withdrew the money from the credit union after he deposited the checks because he needed to pay his employees. The bank records, however, also show that the defendant used the money to pay for a skiing trip with his children to Crystal Mountain and for a meal at the Sunset Grill in Gig Harbor. The defendant said that he needed to take his kids skiing and that the meal at the Sunset Grill was when he took an employee to lunch.

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -1

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The defendant said that his business bought and sold real estate, but by the time that he spoke to the detectives, most of the properties had been foreclosed and he no longer had an income. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: October 19, 2009 PLACE: TACOMA, WA

/s/ APRIL D. MCCOMB APRIL D. MCCOMB, WSB# 11570

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -2