Murder suspect's cell phone leads to arrest
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Justin A. Waller |
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By PATRICK McARDLE STAFF WRITER - Published: January 26, 2010
MANCHESTER – A former Manchester resident, who police were able to track through his cell phone to Manchester where he was arrested, waived extradition Monday and is expected to be back in New York City by the end of the week.
There, he faces charges that he stabbed a man to death last week.
Justin A. Waller, 37, was scheduled to be arraigned Monday in Bennington District Court on a charge of being a fugitive from justice. However, public defender Frederick Bragdon said Waller was prepared to waive any objection to being extradited to New York, where he is expected to be charged with second-degree murder.
Bennington County State's Attorney Erica Marthage asked Judge Thomas Zonay to give authorities from New York until the end of the week to take custody of Waller at the Rutland jail.
In an arrest warrant, New York City Detective Joseph Monahan said police believed Waller stabbed John Lea in Lea's Manhattan apartment after an argument Jan. 20.
According to a New York City police report, officers were called to Lea's apartment Thursday for a wellness check. After receiving no response, police entered the apartment and found Lea lying face-up and covered with pillows and blankets.
Police said Lea had multiple stab wounds and was not breathing when they arrived.
Manchester Police Officer Paul McGann, in an affidavit, said New York City police were in Manchester on Friday because they had information that indicated Waller had contacts in Manchester, including his parents who have a home on West Road.
Police tracked the cell phone usage to the home of Patrick Potter on Cass Terrace.
McGann said police spoke to Potter while he was at work. After work, Potter met with police at the Manchester Police Station and told them Waller was in the apartment, McGann said.
McGann and the New York City police went to the apartment. A man, who McGann said was later identified as Waller, opened the door.
According to McGann, Waller agreed to go to the Manchester Police Station around 2:30 p.m., where he would be interviewed by New York City police.
By 3:45 p.m., Waller admitted to killing Lea, according to the affidavit.
The affidavit did not provide a motive for the alleged killing, except to say the two had argued before Lea was stabbed.
The New York Times reported that Lea, 41, an event planner with the New York Society of Security Analysts, had let Waller live with him for about two months after the two men met at a nearby gym.
However, the Times said, the two men had begun to argue because Lea was unhappy that Waller was not contributing to the household finances and was refusing to move out.
McGann said police on Friday had also obtained video surveillance footage from Shaw's Supermarket in Manchester that showed Waller charging about $90 to a credit card that belonged to Lea.
Waller was visibly shaken and appeared close to tears several times during his arraignment Monday. He spoke only in response to questions from the judge to indicate he understood the proceedings and wanted to waive his extradition rights.
Court records indicate Waller's criminal history in Vermont includes an arrest by Brattleboro Police for driving under the influence of alcohol in August 2001. Waller was convicted and ordered to pay a $650 fine later that month in Brattleboro District Court.
In March 1998, Rutland Police arrested Waller for retail theft for which he was sentenced to serve four days in prison in May 1998.
Waller also shows an arrest by the Vermont State Police in Rockingham for two charges of petty larceny in March 1997. For those charges, Waller was sent to the diversion program.
The court records show that Waller used the name "Patrick Potter" as an alias in New York where he was convicted of driving under the influence of alcohol in May 2005.
patrick.mcardle@rutlandherald.com
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