Read the sheriff department`s report

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SMITH COUNTY SHERIFF'S OFFICE Report for 15-02790
Location: NESO
Nature: ATTEMPT SUIClDE
How Received: 911 Line
Agency: SCSO
-
Address: • • • • • •
Offense Codes: NC
Responsible Officer: STOCKWELL JL
When Reported: 21 :48: 1602/07115
Disposition: ACT 02/07115
Occurred Between: 21 :48:0902/07115 and 21 :48:0902/07/15
Offense Codes
Reported:
0
Observed: NC NOT CLASSIFIED
Additional Offense: NC NOT CLASSIFIED
Circumstances
NIGHT Night (6 p.m. - 6 a.m.)
LT20 Residence or Home
INV Investigation
PI3 INJURY APPARENT MAJOR
PIN] Personal Injury
SUA Suspected, Alcohol Use
WFARM Firearm Used
WHNDG Handgun Used
Responding Officers:
Unit:
MCMILLANN
44
-1-0
STOCKWELL JL
SMITH L
501
THOMPSONT
60
CALDWELLG
S3
BENSONC
59
HANING 0
R7
FORTNERJ
S8
EARLS I
04
MARTINN
OJ
BLACK JEREMY
Ll
Last Radio Log: **:**:** **1**1** When Reported: 21:48:1602/07115 Clearance: RTF(REPORT TO FOLLOW)
Disposition: ACT Date: 02/07/15
03/02115
Page 20f25
Report for 15-02790
Occurred between: 21:48:0902/07/15
Code Enforcement
Status:
and: 21:48:0902/07/15
Misc Entry:
Description:
Modus Operandi:
Method:
Involvements
Date
Type
Description
02/08/15
~ame
SMITH, ELIZABETH
02/08/15
02/08/15
Name
Name
02/08/15
Name
02/08115
Property
Property
02/08/15
02/08115
02/08115
02/08115
02/08/15
Vehicle
Vehicle
Vehicle
WITNESS
WITNESS
WITNESS
SMITH, JOHN
DVDO
SUSPECT
Property
DVD WATCHGUARD UNIT #0073 0
BLK 2007 CHEV 2500 TX
BLK WHI 2008 DODG CHARGER TX
EVIDENCE
VEHICLE
VEHICLE
WHI 2004 GMC TX
WHI 20 II CHEV CAPRICE TX
VEHICLE
VEHICLE
BLU 1997 CHEV 1500 TX
VEHICLE
02/08/15
Vehicle
Vehicle
02/09115
Evidence
Miller Lite Beer Can
Evidence Incident
02/09/15
Evidence
Miller Lite Beer Can
Evidence Incident
02/09/15
Evidence
Evidence
Sig Sauer Semi Auto Pistol
Evidence Incident
Blood Swabs from Scene
357 Sig Casing
357 Sig Casing
Bullet and Core
SamSung Cell Phone
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
Magazine from Sig Sauer Pistol
Evidence Incident
Fom Sig Sauer Pistol
From Magazine of Pistol
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
02/09/15
02/09115
02/09115
Evidence
Evidence
Evidence
Evidence
02/09115
02/09115
Evidence
Evidence
02/09115
Evidence
Evidence
02/09/15
02/09115
02/09/15
02/09115
02/09/15
02/09/15
02110115
02/10115
02/10/15
02/10115
02110115
02110115
02/07115
Evidence
Evidence
Evidence
Evidence
Evidence
Evidence
Evidence
Evidence
Evidence
Cad Call
Swabs from the Barrel
Swabs from the Trigger
Swabs from the Grips
Card Holder
Camo Sweat Shirt
Gray Tee Shirt
Blue Jeans
Pair of Cowboy Boots
Clothing Worn By Victim
Blood Standards
21 :48: 1602/07115 SUICrDE
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
Evidence Incident
Initiating Call
0302/15
Report for 15-02790
Vehicles
Vehicle Number: 2089
License Plate:
State:
Vehicle Year:
Make:
Color:
Vehicle Type:
Page 30f25

License Type: TK Truck
-
TX
Expires: **1**1**
VIN:
1007
:\'1odel: 2500
Doors: 4
Value: SO.OO
CHEV Chevrolet
BLKI
PTK Passenger Truck
Owner:
Last: SMITH
Address:
First: JOHN
DOS: ~67
Height: ,..
Weight: 0
Dr Lic:
Hair: BRO
Agency: SCSO SMITH COUNTY SHERIFF'S
OFFICE
Officer: STOCKWELL JL
VCR Status:
Local Status: III INVOLVED IN INCIDENT
Status Date: 02/08/15
Comments:
2007 Chevy 2500 blk 4-dr
2008
DODG Dodge
BLK 1 WHI
PCAR Passenger Car
DOS: **1**1**
Height:
Weight:
Eyes:
Race: W
Sex: M
Age: 48
Date Recov/Rcvd: **1**1**
Area:
Wrecker Service:
Storage Location:
Release Date: **1**/**
License Type: PC Regular Passenger Automobile
Expires: **1**1**
TX
Owner:
Last:
Address:
Phone: ()
II
TX
License Plate: -,. . .~
State:
Vehicle Year:
Make:
Color:
Vehicle Type:
:\'lid:
VIN:"• • •
Model: CHARGER
Doors: 4
Value: SO.OO
First:
Dr Lic:
Hair:
OfFICE
VCR Status:
:\lid:
Eyes:
Phone:
Race:
Sex:
Age: 0
Date Recov/Rcvd: **/**1**
Area:
Wrecker Service:
Storage Location:
0302i15
Report for 15-02790
Page 4of25
Release Date: **1**1** Comments:
Lindale ISD Marked patrol unit.
118 7006
2008 Dodge Charger blk! white w! light bar TX-
License Plate:
State: TX
Vehicle Year: 2004
Make: GMC General Motors
Corp
Color: WHII
Vehicle Type: PTK Passenger Tmck
Owner:
Last:
Address:
DOB: **1**1**
Height:
Weight:
Expires: **1**1**
VIN:
~lodel:
Doors: 4
Value: $0.00
First:
Mid:
Dr Lie:
Hair:
Phone:
Race:
OFFICE
VCR Status:
Status Date: 02/08115
Comments:
2004 white GMC F!U 4-dr
License Plate:
State:
Vehicle Year:
Make:
Color:
Vehicle Type:
TX- j
TX
20ll
CHEV Chevrolet
WHI/
PTK Passenger Tmck
DOB: **/**/**
Height:
Weight:
Sex:
Age: 0
Sex:
Age: 0
Area:
Wrecker Service:
Storage Location:
Release Date: **1**1**
S
i2
Owner:
Last:
Address:
Eyes:
License Type:
Expires:
VIN:
Model:
Doors:
Value:
First:
Dr Lie:
Hair:
TK Truck
**1**1**
CAPRICE
4
SO.OO
Mid:
Eyes:
Phone:
Race:
Report for 15-02790
Page 50'25
OFFICE Officer: STOCKWELL JL
UCR Status:
Comments:
Area: Wrecker Service:
Storage Location:
Release Date: **/**/**
2011 white 4-dr Smith County Pct 4 Chevy Caprice with light bar
License Plate:
State:
Vehicle Year:
Make:
Color:
Vehicle Type:
Expires: **/**1**
VIl'i:
TX
1997
Owner: Last: SMITH
Address: DOB:~67
Height:
'If
~'1odel:
CHEV Chevrolet
BLU i
PTK Passenger Truck
Weight: 0
1500
Doors: 4 Value: SO.OO Mid: First: JOHN
Dr Lic:
Hair: BRO
Agency: SCSO SMITH COUNTY SHERlFF'S
OFFICE
lJCR Status:
Comments:
1997 4-dr blue Chevy 1500 truck
Eyes:
Phone: ()
Race: W
Sex: M
Age: 48
Date Recov/Rcvd: **/**1**
Area: Wrecker Service: Storage Location: Release Date: **1**1**
IIIIIIUI
Tx- . .
03!02i15
Page 60'25
Report for 15-02790
Property
Property Number: 7497 Item: DVD Brand:
Year: 0
Meas:
Total Value: SO.OO
Owner:
OFFICE
Accum Amt Recov: SO.OO
VCR: OTH Other
Local Status: EIS
Crime Lab Number:
Date Released: **1**1** Released By: Released To: Reason:
Comments:
Property Number:
Item:
Owner Applied Nmbr:
Model: Quantity: Serial Nmbr: Color: Tag Number:
Officer:
VCR Status:
Storage Location:
Status Date:
Date Recov/Rcvd:
Amt Recovered:
Custody:
THOMPSON T
02/07/15
02/07/15
$0.00
**:**:** **1**1**
7511 DVD Brand: WATCHGUARD
Year: 0
:\leas:
Total Value: SO.OO
Owner:
OFFICE
Accum Amt Recov: $0,00
Owner Applied Nmbr:
Model: UNIT #0073
Quantity: I
Serial Nmbr: . . . . .
Color:
Tag Number:
Officer: STOCKWELL
JL
VCR Status:
VCR: RAV Recordings, Audio or Visual
Storage Location:
Local Status: ElS
Crime Lab Number:
Status Date:
Date Released: **1**1** Date Recov/Rcvd:
Released By: Amt Recovered:
Released To: Custody:
Reason:
Comments: DVD recording from UNIT #0073 15-02790
02/08/15
**/**/**
SO.OO
**:**:** **1**1**
03f02115
Page 7 of 25
Report for 15-02790
Name Involvements:
WITNESS: 21490
Last: SMITH
Address:
First: ELIZABETH
Mid:
2
DOB: " 8 2
Height: 5'06"
Weight: 130
WITNESS: 21491
Last:
Address:
DOB:
Height:
'
-
It
'
It
Weight: 0
Dr Lie:
Hair:
Weight: 0
DOB: ~67
"
Height:
Weight: 0
Dr Lie:
Hair:
Eyes:
Sex: F
Age: 32
Phone:
Race: W
Sex: F
Age: 9
Sex: F
Age: 14
Sex: M
Age: 48
Mid:
Eyes:
Phone:
Race: W
Mid:
First: JOHN
Dr Lie:
Hair: BRO
Phone:
Race: W
Mid:
First:
SUSPECT: 21444
Last: SMITH
Address:
.
Eyes: BRO
First:
WITNESS: 21492
Last:
Address:
DOB:
Height:
Dr Lie:
Hair: BRO
Eyes:
Phone: ()
Race: W
03/02115
Report for 15-02790
Page 80f25
Narrative
Officer: STOCKWELL JL - 729
Page 1 of Narrative
On February 8th, 2015, Deputy JL Stockwell was dispatched to "IIIIII~
in Winona, Smith County Texas in reference to a Suicide Attempt. The call
stated:
HOUSE NOT VISIBLE FROM ROAD, THERE IS A RED GATE AROUND PROPERTY
BLACK
4D TRK IS BLOCKING THE ROADWAY.
Rip ADV THAT SHE JUST ARRIVED HOME AND BELIEVES
THAT HER HUSBAND SMITH,JOHN WIM 48 YOA HAS COMMITTED SUICIDE BY SHOOTING
HIMSELF-ADV IT IS CONSTABLE 401/SMITH. CALLER ADV THAT SUBJ'S BLACK TRUCK IS
BLOCKING THE ROADWAY TO THE DRIVEWAY.
SUBJ IS LYING IN THE DRIVEWAY AND IS BLEEDING FROM AN UNK LOC- NO
WEAPONS ARE AROUND HIM AT THIS TIME. Rip ADV SHE IS TOO AFRAID TO WALK UP TO
HER HUSBAND TO CONFIRM IF HE IS DECEASED OR NOT.SHE ADV THERE IS A LOT OF BLOOD
ON THE DRIVEWAY AND SHE DOESN'T WANT HER CHILDREN TO SEE, THEY ARE IN THE VEH
WITH HER.
CALLER ADV THAT HER AND JOHN WERE IN A VERBAL ARGUMENT EARLIER AND
SHE LEFT THE RESD WI HER CHILDREN. SUBJ HAD BEEN DRINKING. RIP RETURNED HOME &
FOG~D HIM OUTSIDE.
Deputy located the address and arrived on scene and observed a black
Chevy truck
) parked behind a red gate preventing a vehicle from
entering the driveway.
Deputy walked up the driveway on foot and observed
Elizabeth Smith crying, distraught, and upset.
Elizabeth stated her kids were
in her truck. Deputy then advised Elizabeth to stay where she was which was at
the northeast portion of the drive way in front of a blue Chevy truck (TX- DFM
3237) .
Deputy then walked towards Elizabeth's truck and observed John Smith in
the driveway in front of the residence laying on his stomach face down.
Deputy
observed a black pistol by John's left foot.
John had on blue jeans and a
camouflage hooded jacket with the hood over his head.
Deputy observed blood
coming from the bottom of the right side of John's head. John was laying behind
Elizabeth's work car a Lindale ISO Dodge Charger marked patrol vehicle
. . . . . with his head pointing towards the trunk of the car.
Deputy then went to Elizabeth's truck a white GMC truck tI~lIlIlIlIlI.
which was parked in front of the Charger on the west side of the property.
~eputy observed 2 young girls in the vehicle.
Deputy took the 2 girls around
the back of some trailers so that they would not see John laying on the ground.
Deputy took the girls to where Elizabeth was standing. Deputy asked Elizabeth
what had happened.
Deputy asked Elizabeth what time they got back to the residence and she
stated that it was about 2130.
She then stated that they had gotten into a
verbal argument and left the residence and headed to Lindale, TX about
2000-2030.
Elizabeth then stated that John told her not to come back to the
residence and that was why his truck was
the entrance.
Deputy asked if
there was a second entrance for EMS to enter but Elizabeth stated that there was
not one suitable.
Deputy then asked Elizabeth if she knew where the keys were so that
John's truck could be moved for EMS to enter. Deputy then asked the
to
go by the truck and located the truck keys on the ground behind the truck.
Deputy asked Elizabeth to back the truck up while Deputy opened the gate.
Deputy then told Elizabeth's children that they would get in the back of
Deputy's marked patrol unit.
Deputy McMillan #40 arrived on scene while Deputy was opening the gate.
tit
I
0302115
Report for 15-02790
Page 9 of 25
Narrative Continued
Page 2 of Narrative
Deputy had Elizabeth's children then sit in the back of Deputy McMillan's
marked patrol unit.
EMS arrived on scene then and followed Deputy into the
driveway where Deputy parked.
EMS pulled closer to where John was laying.
Deputy notified the EMS crew that there was a gun shot wound.
Paramedic Patrick Markasry stated that John was still breathing and that he was
alive. Deputy had Deputy McMillan begin to put crime scene up and notified Sgt
Caldwell 53 that John was alive and would be transported shortly. Sgt Caldwell
advised to start taking pictures and arrived on scene.
Paramedic Patrick asked
Deputy for help with John.
Deputy began to assist Patrick and EMT Michael
Griffin with getting John rolled over and onto the gurney.
While John was on the gurney he began to throw up what appeared and
smelled to be alcohol. EMS then loaded John into the ambulance where Deputy was
asked to help cut off John's clothes and then helped assisted EMS put medical
equipment together.
Deputy McMillan came into the ambulance and took pictures
of John and his injuries.
EMS asked if there would be a law enforcement escort
to the hospital. Deputy notified Deputy Thompson #60 who had arrived on scene
that he would be giving EMS a escort and that he would be taking Elizabeth and
her children to the hospital also.
EMS then left the scene with Deputy Thompson
leading the way to ETMC.
Deputy then spoke with Sgt Caldwell and informed him of the incident and
all information known at that time. Deputy then helped Sgt Caldwell and Deputy
McMillan secure the rest of the crime scene and finish taking pictures. Deputy
remained on scene and informed Sgt Fortner of all information regarding the
incident.
Deputy remained on scene until Crime Scene arrived and finished with
the scene.
EOR
Deputy JL Stockwell #44
03/02115
Page 10 of 25
Report for 15-02790
Supplement
Officer: MCMILLAN N - 562
Date: 23:32:0802/07/15
Supplement number: 15-02790-1
Page 1 of Supplement
**------------------(lwmain2332000207201S)** On Febuary 7,2015 I Deputy Nathan McMillan along with Deputy Justin Stockwell, deputy Tim Thompson and Sgt. Caldwell were dispatched to the address of . . . . . . . . in reference to a Suicide attempt. Dispatch advised that reporting person
Liz Smith stated she just arrived home and believes that her husband Constable
John Smith has committed suicide by shooting himself.
Upon arrival I made contact with Deputy Stockwell. Deputy Stockwell was with
the two daughters of John and Liz Smith. Deputy Stockwell and I then put
till.. and
in the back seat of my patrol unit.
EMS then arrived on
scene to medically treat John.
I then assisted Deputy Stockwell by taking
photographs of the scene with camera # 1066 (A).
EMS then transported John to
East Texas Medical Center Emergency Room. Deputy Thompson transported Liz, . . . . .
and _
to East Texas Medical Center while escorting EMS.
I then tapped off
the scene with crime scene tape and started a crime scene log.
Sgt. Caldwell then instructed me to block traffic just South of the residence. Sgt. Caldwell then took possession of the crime scene log.
I then continued to block traffic for the remainder of the call till further notice. Nothing nothing further to report at this time. I11III
N.McMillan
#40 (lwmain23320002072015)-
03;02/15
Page 11 of 25
Report for 15-02790
Supplement
Officer: mOMPSON T - 425
Date: 04:46: 19 02/08/15
**
Page I of Supplement
(lwmain0446140208201S)**
Upon my arrival I observed EMS had a white male later identified as John
Smith on the stretcher and was
about to load him into the back of the
ambulance to transport him to the hospital.
I made contact with Sgt. G Caldwell who was also on scene and he advised me
to make contact with Mr Smith's wife and check on her and to put her in my
patrol vehicle and transport her to the hospital and to escort the ambulance to
the hospital.
I then made contact with Mrs Smith and advised her that I would
be transporting her to the hospital when the ambulance was ready to leave the
residence.
I put Mrs Smith in the front of my patrol vehicle. I also placed
their two children in my patrol vehicle and when the ambulance left the
residence I escorted the ambulance to Medical Center Hospital Emergency room.
Upon arrival at the hospital I met the Sheriff's office chaplain Doug Henning
who took Mrs Smith and the children inside the hospital.
I then went inside the emergency room and spoke with the paramedics and
advised them that I need to get the clothing that they cut off of Mr Smith.
Paramedic Michael Griffith took me out to the ambulance and gave me a camouflage
sweat type shirt, the legs of his blue jeans, a grey T shirt, a pair of white
socks, and a pair of Durango boots. I place each item in a separate paper sack
and then secured the items in the back of my patrol vehicle.
I then made contact with detective Ron Rathburn with the Criminal
Investigation Division of the Smith County Sheriff's office and informed him
that I had Mr Smith's Clothing secured in the back of my patrol vehicle.
I then stood by with the family at the hospital until Detective Rathburn
called and asked me to bring the clothing I had the Criminal Investigation
Division to log the clothing in to evidence.
Upon arrival I took the paper bags that contained the clothing along with the
property inventory sheet out of my patrol vehicle and handed them over to
detective Rathburn to be logged into eviedence.
I also made a DVD from my patrol camera of the trip to the hospital. While
en route to the hospital Mrs Smith was speaking with a unknown person on the
telephone and during the conversation I heard her say that she and Mr Smith had
been arguing and she left the residence with the kidds and she spoke with Mr
Smith and she said he told her not to come home and when she arrive home she
observed his pickup parked so she could not get into the gate so she took
another entrance into the property and when she arrive to the residence she seen
Mrs Smith laying on the ground.
I logged the DVD into evidence in the evidence room of the Smith County
Sheriff's office patrol division.
T Thompson/60 (lwmain0446140208201S)-
03/02/15
Report for 15-02790
Page 12 of 25
Supplement
Date: 22:32:5902/08/15
Page I of Supplement
On February 8th, 2015, Deputy JL Stockwell submitted into evidence DVD
recording of incident 15 02790 from Smith county patrol unit #0073 as per Smith
County Policy_ EOR
Deputy JL Stockwell #44
OJ!(J2/15
Report for 15-02790
Page 130'25
Supplement
Officer: MARTIN N - 387
Date: 08:57:5202/09115
On February 07, 2015 criminalist~ was called to respond to
the scene of shooting located at~Winona Texas 75792. Sgt. Jim
Fortner stated that Constable John Smith had shot himself in the head and was
transported to a Tyler Texas Hospital in serious condition. Martin after
receiving the call contacted dispatch checked in service and obtained directions
to the scene. Martin drove to the scene arriving at approximately 2345 hrs.
Martin made contact with Sgt. Fortner at the scene received first responder and
search information. Martin learned that Deputy Justin Stockwell was the primary
officer and that consent to search had been given. Martin made contact with
Stockwell and was briefed. Stockwell stated that he arrived and observed
Constable John Smith on the ground in his driveway in front of the dwelling.
Stockwell stated that he assisted EMS with Constable Smith. Stockwell stated
that the scene was secured after Smith was transported. Stockwell stated that he
had spoke with Smith's spouse. Stockwell stated that Deputy McMillan took
photographs of the injuries that Smith sustained as a result of a suspected
gunshot wound. Martin was told that Smith had what appeared to be a gunshot
wound to the head. Deputy Stockwell then walked Martin through the scene
pointing out where treatment occurred and where Smith was located when he
arrived. Stockwell pointed out a semi-auto pistol and a shell casing. Located
next to the pistol was a large pool of blood. Stockwell stated that was where
Smith was located when arrived. Stockwell stated while Smith was being treated
by EMS he vomited a large amount of liquid that smelled of alcohol. Stockwell
also pointed to a black in color pickup truck and stated that when he arrived on
scene that truck was parked at the gate blocking access to the driveway.
Stockwell stated that the truck was moved by Smith's Spouse to allow access to
the
property.
Martin after being briefed conducted a walk-through of the scene and
visual examination of items of possible evidence that were in plain sight.
Martin observed a large pool of blood located in the driveway of the property in
front of the residence. Martin also observed two Miller Lite Beer cans located
in the driveway in same general area. Martin observed a black in color semi auto
pistol located on the ground in the drive in the area where blood loss occurred.
The
was a 357 Sig Sauer model P226. The slide of the
was closed
and the hammer was in the cocked position. Martin observed a marked patrol unit
parked in the driveway south of the area where the blood and pistol were
located. Martin observed a shell casing consistent with a 357 Sig. Martin and
Criminalist Breazeale walked toward the residence and Criminalist Breazeale
observed a second shell casing and a bullet impact into the dirt near the front
steps of the home. A deformed bullet was visible inside the bullet impact area.
The second shell casing was consistent with a 357 Sig. The remainder of the yard
and drive were unremarkable. Martin and Breazeale entered the home through the
front door, which opened into a living room. Martin and Breazeale conducted a
visual search of the home. The home was very clean and well kept. The home was a
four bedroom two bath, double wide mobile home. The master bedroom was located north of the living room and kitchen. The additional bedrooms and bath were 03!02! 15
Page 14 of 25
Report for 15-02790
Supplement Continued
Date: 08:57:5202/09115
located south of the living room and kitchen. These rooms were consistent with
rooms of children. All were clean and well kept. Martin and Breazeale located
John Smith's medication in the master bedroom on a night stand and in the closet
attached to that bedroom. Martin also observed two gun rigs inside this closet,
consistent with the type worn by Police Officers who work in uniform. No
firearms were located inside the home. The remainder of the home was
unremarkable.
Martin returned to the CSU vehicle and obtained a camera and conducted a
systematic search of the scene for items that were not seen during the
walk-through. Martin also photographed the scene as it appeared when he arrived.
No additional items were discovered during this search. Martin marked the below
listed with number tents and these items were photographed a second time.
1.
2.
3.
4.
5.
6.
7.
8.
Miller Lite Beer can
Miller Lite Beer can
Sig Sauer semi-auto Pistol
Blood Pool
357 Sig Casing
357 Sig Casing
Bullet impact and bullet
Cellular Phone.
Martin then returned inside the home and photographed t~e medication bottles.
Martin also photographed the contents of a small refrigerator located in the
dinning room area. The contents consisted of 6 bottles of beer and three cans of
beer. The cans of beer were Miller Lite, the same as the empty cans discovered
in the driveway.
Martin and Breazeale searched the remainder of the property including both
pickup trucks, both patrol cars and a travel trailer. Nothing else of
evidentiary value was located. Martin did photograph and collect a Sam Sung
cellular phone located inside the pickup truck drove by Smith's spouse. This
phone was collected as evidence.
Martin and Breazeale collected and packaged all the above items and logged them
as evidence. The scene was released and Martin and Breazeale returned to the
Sheriff's Office and placed the evidence taken, in a secure area pending
additional processing.
The evidence observed and recovered at the scene was consistent with two shots
being fired from the 357 Sig Sauer Pistol. One was fired at the front door of
the dwelling into the ground near the front steps. The second was fired in or
near the driveway and was consistent with the round that struck John Smith.
Martin also reviewed photographs taken by patrol officer's of the injuries to
the victim's head.
The round or shot this being shot number two that struck John Smith in the head
based on the evidence located at the scene and photographs taken of the injuries
OJi02/15
Report for 15-02790
Page 15 of 25
Date: 08:57:5202/09/15
caused by the gunshot wound, would indicate that the wound was self-inflected.
February 09, 2015 the
Sauer Pistol was processed from latent prints,
Bloodspatter and DNA. Swabs were taken from the pistol at the barrel, trigger
and grips. These were logged as evidence and packaged for transport to the LAB
for analysis. The pistol, casings, ammunition, and the bullet were packaged for
submission to the LAB for Ballistics analysis. Martin also photographed the
pistol before it was processed. No identifiable prints were developed or
recovered from the pistol.
Additional Shooting Scene Analysis is pending DNA, Ballistic and Medical
Reports.
Noel Martin
Travis Breazeale
Criminalist
SCSO/CSU/LAB
()3·02i15
Report for 15-02790
Page 16 of 25
Supplement
Officer: EARLS 1-399
Date: 08:51:0002/l3/15
Page t of Supplement
Saturday February 2015 I was called by Sgt J Fortner and advised that Constable
John G Smith had been shot in the head. I was advised that Deputies on the scene
advised that John and his wife Liz had been in a disturbance and that she called
911 stating that she believed her husband had shot himself. Sgt Fortner advised
me to go the the office and prepare a search warrant for their residence and
vehicles.
I arrived at the office and gathered all information needed to prepare the
warrant. I was contacted by Sgt. Fortner and told the the Sheriff and DA Bingham
decided that we could work off a singed consent. I was instructed to complete
the warrant but not to have it signed just in case consent was withdrawn. I
completed the warrant and then contacted Sgt. Fortner. I was then released for
the evening.
Monday February 9th I was told by Lt Black to obtain a warrant for blood taken
from John G Smith at the hospital when he was brought in I prepared the warrant
and had it signed by District Judge Jack Skeen Jr. Skeen placed warrant nuw~er
on it of JS-2-9-FSW-1. I then took the warrant to East Texas Medical Center
Hospital in Tyler and served it to Tammy Caraway in the Lab at this location. 3
Viles of blood were given to T Breazeale as evidence.
Tuesday February the lOth
obtaining a warrant for a
download. I prepared this
was advised to wait until
I returned the warrant. I was also tasked with
Samsung Cell phone recoved at the scene for digtial
warrant but found Judge Skeen was out of the office. I
such time and Judge Skeen could sign this warrant.
Wednesday February 11th I presented a search warrant for the Samsung cell phone
to Judge Skeen who signed it and placed warrant nuw~er on it JS 2-11-15-FSW-1.
I then had the phone pulled from evidence and I took it to Detective J hall to
be processed.
Friday February 13 I returned the search warrant for the phone to the court.
No further action on my part in this case.
03/02/15
Report for 15-02790
Page 17 of 25
Supplement
Officer: RATHBUN R - 410
Date: 15:22:4002/17/15
February 7th, 2015: (Saturday)
Sometime around 10:30PM I was contacted by CID Sgt. J. Fortner and
advised of a possible suicide. Fortner further advised that the victim of the
suicide had been identified as Constable John Smith.
I was directed to respond
to the ETMC Hospital in Tyler where Smith had been transported; I arrived
around 10:50PM.
Upon arrival at ETMC I made contact with John Smith's wife Elizabeth
"Liz" Smith.
I asked her to speak with me about what had happened. She
explained that she was not at home when John shot himself.
She believed he was
by himself when he was shot.
I asked her what was going on with her and John
and she advised she really didn't know.
She then began to explain that she had
gone to the "Junior High" in Lindale earlier in the day and when she returned
home around 3:15PM, she said, "He was mad and I still can't understand why."
She could not tell me why John was angry with her.
I asked her if John had been
drinking and she said she thought she might have smelled some alcohol on his
breath. Liz said when she came home around 3:15PM they argued for awhile and
John left and stayed gone for awhile (she mentioned something about him going to
his Dad's place.)
She said John returned home and they argued again. She said
John left a second time and then she left right after he did.
I asked her why
she left and she said, "Cause I didn't want to fight with him again if he came
home." She told me she and the
and _ _ went to a friend's house
in Lindale. She said John was sending her text messages telling her that he was
sorry and that she needed to call him. She said he then started asked her if
she was going to leave him. She said she responded to the messages, telling him
that she wasn't leaving. She said John then started telling her, "I want you to
leave me." She said John then told her, "Don't come home." Liz said she
decided to go home and when she arrived she found John's pickup blocking the
gate to the entrance to their property. She said she had to drive around to the
other entrance and when her headlights hit the driveway she could see him lying
in the driveway.
I then asked Liz, "What's going on with John Smith?" She then
began to explain about John being on "Testosterone Shots." She said he got
stopped taking the shots about a month and half ago and it's made him "Mean and
Aggressive." I asked Liz if she could tell me why John would be asking her
about leaving him and making the other comments about "Don't come home and you
should leave me." Liz said she didn't know why he was saying those things.
She
then said, "We were made for each other, ya know." I then asked Liz to confirm
with me if she was there when the shooting occurred; she said she was not there.
I asked Liz if John had ever harmed or threatened to harm her or the girls; she
said no. The interview with Liz ended around 11:33PM.
(I asked Liz to
~~n~~~~ht~o~~:~c~e!::~; w~i~hr:~~r:!~' t!:ri~~:r~::~e:~~~a~~~e~:i~!.&£
* I will note that during the interview with Liz Smith, Liz was
requested to go back to the family waiting room so she could speak with the
"Trauma Surgeon" about John's condition. The surgeon told Liz, and other
members of her family and friends, that the bullet did not enter John's brain.
He advised that John suffered a subdural hematoma because of the "Blast Effect",
03/02/15
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Page 18 of 25
Date: 15:22:4002117115
so he was going in to surgery to remove the "Blood Clot on John's brain."
February 9th, 2015: (Monday)
I listened to the 911 call made by Liz Smith which was received in the
Smith County Dispatch Center on the night of February 7th, 2015.
The first
thing Liz Smith said was, "I need someone at my house, I think my husband
has shot his self." She informs the dispatcher that she did not know if she
should walk over to him.
She did not want to approach him because she did not
want her children to see. She also tells the dispatcher, "We were fighting and
I left." She also states that John's truck is blocking the gate.
She
continues, "He was drinking and he was at his dad's house." The dispatcher
asked, "Can you see where the wound is?" and Liz says, "I can't walk over to
him." She keeps telling the dispatcher that she doesn't know what to do.
The
dispatcher gets EMS on the phone. The EMS dispatcher asked Liz if she is sure
she doesn't want to try and help John and Liz says, "I got my kids in the
truck." The EMS dispatcher asks Liz again if she is sure she doesn't want to
try and help John; she gets no response from Liz.
Liz tells the dispatcher
again that John's truck is in the way. The EMS dispatcher asks her again, "Are
you sure you don't want to go up there and do CPR?" Liz gives no response.
Smith County dispatcher tells the EMS dispatcher that he asked Liz if she saw
any weapons and Liz said she didn't see any.
Eventually Smith County Deputy
Justin Stockwell arrives on scene and makes contact with Liz.
Sometime around 10:30AM, 02/09/15, Sgt Jim Fortner and myself went to
ETMC Hospital to interview John Smith. John was conscious and alert and was
clearly able to have a lucid conversation with us.
John begins by telling us
that he has had some issues with "Memory Loss." We begin talking with him about
what happened. Within a few short minutes into the conversation, John tells us
that he will be going to "BHC" (a mental health facility) when he gets out of
the hospital.
I then asked John, "John, why do you think you need to go to the
SHC?" John's response was, "Cause I shot myself." Further on in the interview,
John made the comment, "I screwed up guys and I'm sorry to have to put you boys
through this." Before ending the interview, Sgt Fortner tells John, "John,
we've been friends too long to bullshit each other, did you shoot yourself
John?" John then looks directly at Fortner and says, "I don't remember." As we
were ending the interview, both Fortner and I were telling John to "Get Better."
The last thing John said to us was, "I'll get better if my wife doesn't leave
me."
(I thought I had recorded the interview with John Smith, but due to an
error on my part, I did not successfully capture it on my digital pocket
recorder. )
I was advised by Lt. Paul Black that the father of John Smith, JD Smith,
had called Sheriff Larry Smith and informed him that his son did not shoot
himself, that we (The Sheriff's Office) needed to be "Looking at Liz."
Later that afternoon, 02/09/15, Sgt C. Benson and myself went to the
home of JD Smith, the father of John Smith.
JD lives two miles north of Tyler
on Hwy 110. We sat down with JD in his front yard and talked about what he had
said to the Sheriff.
JD then began to ramble on about, "Well I should've used
03!02115
Report for 15-02790
Page 19 of 25
Date: 15:22:4002117115
better words, I didn't really mean Liz had anything to do with the shooting, I
was just upset because Larry didn't need to tell the media that it was Self
Inflicted." JD went on to say that it was probably "Those Damn Semi Auto
Pistols." He explained that he has always carried a revolver and that "Those
damn semi autos are always going off when you least expect it." After listening
to JD Smith explain to us about semi automatic pistols and bible verses, I was
finally able to ask him, "JD, was John over here on Saturday?" JD responded and
confirmed that his son did in fact visit him on Saturday afternoon 02/07/15, and
that they had, "A couple of beers."
I then asked JD, "Can you tell me what you
talked about?" JD's immediate response was, "Oh hell no I aint telling you
nothing about that, if I did it would be in the front page of the newspaper
tomorrow."
(Before leaving JD Smith's residence, he mentioned his dislike for
his son's wife, Liz, but he reiterated that he didn't think she had anything to
do with the shooting.)
February 13th, 2015: (Friday)
I received word from a fellow officer that Liz Smith's friend, Christi
Singleton, had been speaking with a co-worker of Liz Smith, Joey King, about her
(Singleton) being concerned for Liz Smith's welfare.
According to what
Singleton told King, Liz went over to Singleton's house on the night of 02/07/15
before the shooting. While Liz was there she revealed to Singleton that John
and her were fighting.
Liz told Singleton that John was out in the driveway
"Peeling-Out" and scaring the girls so Liz went out to confront him and tell him
to stop
Liz told Singleton that John, while seated in his pickup, reaches out
and grabs Liz and pulls her towards the pickup and begins to "Peel-Out" again. I
called Singleton three times that afternoon and each time reached her voice
mail; I left messages asking her to call me.
I finally called Liz Smith and
asked her to talk with me about what I had just learned.
Liz informed me she
was headed out to BHC, that she was following the ambulance that was
transporting her husband. I told her about what Singleton had been telling
people and she assured me, and was very adamant, that she and her children were
perfectly fine being home with her husband.
She confirmed that they were all
going home once John was released from the BHC.
I talked with Liz about
getting her children to the Tyler C.A.C. to have them interviewed.
February 14th, 2015: (Saturday)
Liz Smith sent me a text message at 8:28AM; the message read: "This is Liz.
Becky Cunio works out of the jville/Palestine office. That's who I would like to talk with kids please." I responded and told her I would call her on Tuesday and try to schedule the interviews. February 17th, 2015: (Tuesday)
A phone call to Becky Cunio in Jacksonville revealed that she was not
available today to conduct the interviews with Liz Smith's children.
I informed
Liz about Cunio not being available and that we could have the interviews done
at the CAC in Tyler.
Liz agreed to have the children there at 2:00PM.
Sgt
Benson assisted me with contacting Forensic Interviewer Jennifer Kelly at the
03;02i15
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Page 200'25
Date: 15:22:4002117/15
Children's Advocacy Center in Tyler at 2:00PM. Liz called me a few minutes
later after everything had been scheduled and wanted to change the time to
1:00PM.
I told her I would meet her there at 1:00PM.
10:00AM Sgt Benson and myself went to the Lindale Junior High and met
with Christi Singleton (School Nurse).
Singleton confirmed that Liz and her
children came over to her house on the night of February 7th, 2015.
Singleton
said Liz revealed to her that John Smith had been drinking that night and they
had been fighting.
Singleton stated that Liz had told her when John came back
from his Dad's house, that John was out in the driveway, "Peeling-Out."
Singleton told us that Liz told her John was scaring the girls so she went out
to confront him and to tell him to stop.
Liz told Singleton that John grabbed
her and pulled her toward his pickup. Singleton could not confirm that Liz was
injured during the confrontation with John.
Liz told Singleton that John left
the house and she decided to leave and come to Singleton's house with the
children. Singleton told us Liz was telling her about the texts she was getting
from John while she was at Singleton's house. Singleton told us John was
telling her he was sorry and to call him and come home.
Singleton said John
told her, according to Liz, that he wanted her to leave him.
Singleton told us
that she was told by Liz that John either sent her a text or called Liz and told
her, "Don't come home, if you do you won't like what you find." Singleton said
uiz left with the girls a few short minutes after getting the message from John
about not coming home.
1:05PM I met Liz Smith and her children at the CAC in Tyler.
I talked
with Jennifer Kelly and other members of the staff before speaking with Liz.
I
was introduced to Bruce Amox, a CPS Special Investigator from Athens.
When CPS
was advised of our investigation they assigned Amox to the case. He was there
to observe the interviews. After a few minutes I was contacted by a member of
the staff, who had been in contact with Liz, and told that Liz had threatened to
leave with her children.
I decided to sit down with Liz and convince her that
we needed to interview the kids. As I was trying to speak with her, Liz
received a phone call from her husband. She ended the call with John and then
informed me that John told her to take the kids and leave.
I again informed her
that we needed to speak with her children and I further advised, "One way or
another we are going to speak with your kids." A few minutes later, Liz Smith
left with her children; we were unable to have them interviewed.
I later spoke
with Investigator Amox who advised that he followed Liz and the girls out to
their vehicle. He told me he tried to convince Liz that the children would have
to be interviewed, and it was important that they (her and her husband)
cooperate with CPS. Amox said Liz kept telling him that her husband had hired
local attorney Joe Murphy and she then left the parking lot with her kids.
Sometime around 2:30PM, while I was still at the CAC, I was contacted by
a fellow officer who showed me a newly released news article about John and Liz
Smith conducting an interview with local news reporter Kenneth Dean.
I read the
article and watched the televised interview that showed John & Liz Smith telling
viewers that the shooting was an accident, that John is simply a "Clumsy Person"
and he must have dropped the gun and it accidentally misfired and struck him in
the head. They also talked about having a "Date Night" on the night of February
OJ!()2/15
Report for 15-02790
Page 21 of 25
Date: 15 :22:40 02117115
7th, that they were headed to the drive-in to see the movie "American Sniper."
When I interviewed Liz Smith on the night of February 7th, she never mentioned
anything about a date night or going to a movie with her husband. What she told
me was that they were fighting and John was mad at her for some unknown reason.
Liz's 911 call revealed that she said, "My husband just shot his self." She
said nothing about the shooting being an accident or that it could have been an
accident.
February 18th, 2015: (Wednesday)
Lt Paul Black, Sgt C. Benson, and myself went to the Lindale Junior High
School to conduct interviews with witnesses, Christi Singleton, Joey King, and
Jay Brooks (Brooks is the supervisor of Liz Smith.) Brooks told us that he had
talked with Liz Smith at the hospital on the night of the shooting. He said Liz
said something to another person and he explained that this comment she made,
"Stuck with him." Brooks said, "She told this person that "They won't get
John's code to his phone." Brooks did not remember who Liz made this comment
to. Brooks went on to reiterate about not being able to trust his officer, Liz
Smith.
We then talked with Christi Singleton about some information I had
received yesterday afternoon where I was told that Liz Smith came to see her
after we (Sgt Benson and I) had interviewed her yesterday. singleton said Liz
Smith came to the school yesterday, 02/17/15, to pick up her daughter . . . . . . . .
Singleton explained that Liz was taking
to the CAC so she could be
interviewed.
Singleton revealed to us that she told Liz about what she had told
us yesterday in our interview. Singleton told us, "I told Liz, "I told them the
truth, I told them everything." I asked Singleton how Liz reacted to that
statement and Singleton said, "She told me I didn't have anything to worry about
and you didn't have anything to do with it." I then began tell
Singleton
about calling the Sheriff's Office if John Smith were to come to the school.
I
told her to call us if she felt she needed to.
Singleton told us she wanted to
do the right thing by telling us what Liz had told her on the night of February
7th, but she didn't want Liz and John to know that she was speaking with us.
I
asked Singleton about whether or not Liz was OK with being with John.
I
continued and asked, "Did Liz talk about leaving John or is she perfectly OK
being with him." Singleton told us Liz said she was fine staying with John.
I had received prior information that Liz had sent an e-mail to a school
official about not letting law enforcement or CPS talk with her daughter unless
she or John were present. Singleton told us she was aware of Liz sending that
message to the school.
Before ending the interview with Singleton, she informed us that she was
getting text messages from Liz Smith, asking her (Singleton) what the Sheriff's
Office was doing at the school.
Singleton said Liz was asking her if we were
talking with her daughter • • • •
* The interview with Christi Singleton was digitally recorded. *
03.02/15
Report for 15-02790
Page 220f25
Date: 15:22:40021l7il5
We then talked with Principal Jeremy Chilek and he confirmed that he had
received an e-mail yesterday from Liz Smith that informed him and the school
that she did not want CPS or any law enforcement personnel to interview her
children unless she or her husband was present.
I asked, and received, for a
copy of the e-mail. The e-mail was sent to Chilek on 02/17/15 at 2:49PM
(2:49PM was just minutes after Liz left the CAe facility with her kids
yesterday, 02/17/15.)
The e-mail from Liz Smith reads: "I would like for you to
put an alert on skyward for
please. CPS nor any law enforcement may talk
to Kaelyn without myself or John Smith present." The reply from Principal
Chilek read: "I can place that on Skyward, but you know that if CPS or Child
Advocacy comes to our campus and requests to speak with her, they have the right
to do so without a parent present." Liz Smith's response was: "Thanks."
We talked with Joey
, a Lindale School Resource officer who works
with Liz Smith. Joey told us that he had talked with Liz about what happened on
Saturday night 02/07/15.
King said Liz told him she had gone to the Junior High
that day, 02/07/15, and when she returned home she said John was mad at her.
She told King that John left and went to his Dad's for a couple of hours. She
told King that when John returned home he was "Power Braking in the truck." King
told us, "The power braking is her words." King said Liz told him John was
"Going Off and it scared her and the girls." King said Liz stated that she
jumped in the truck and they went to Christi's.
King went on to tell us that
Liz then told, "When I got home, I thought he was dead."
King then said, "I
need to back up." He said when Liz was telling me about, "John power braking
and stuff, I didn't tell the Sheriff about any of that." King went on to tell
us about Liz and John's past and some of their problems. King said that Liz has
revealed to him some personal information over the past few years.
King said
Liz and John have been married for 11 months.
He said, "And Liz told me that in
that 11 months, "John drinks all the time."
Before ending the interview with Joey King, he advised, "Liz knows you
guys are here." He said someone here at the school must have told her, "Because
she knows you guys are here." As mentioned earlier with our interview with
Singleton, she informed us she was getting text messages from Liz asking her
what Smith County was doing at the school, and if we were talking to Kaelyn.
* The interview with Joey King was digitally recorded. *
February 19th, 2015: (Thursday)
I reviewed phone records on John Smith's cell phone (903) 360 7861.
I
noticed several text messages to and from his wife Liz. There were text to and
from Liz prior to and after 02/07/15. There were no text messages seen on
02/07/15; I believe the messages on 02/07/15 were deleted. The records for Liz
Smith's cell phone have been requested (per search warrant) from AT&T but those
records have not been received.
CPS Investigator Amox was able to arrange interviews with the Smith
children in Canton Texas at the C.A.C. around 4:00PM. Sgt Benson and myself
went to the center and watched both interviews with the girls.
Neither child
03/02115
Report for 15-02790
Page 23 of 25
Date: 15:22:4002/17115
made an outcry of being abused by John or Liz Smith.
14-year-old
61 told
the interviewer that John and her mother had been fighting and that John had
been drinking.
confirmed that they . . her mother, and her) had gone
over to christi Singleton's house on the night of February 7th.
told the
interviewer they returned home and found John lying in the driveway with blood
coming from his head. The 9 -year-old "'-told the interviewer that "Daddy
bumped his head on mommy's patrol car." Ella also told the interviewer that
"Daddy gets drunk and passes out sometimes." Both girls also told the
interviewer that, "Mommy and Daddy fight a lot, with their words, not their
hands."
February 20th, 2015: (Friday)
I received a phone call from Joey King who informed me that he had just
talked with Christi Singleton and she was very upset that Liz Smith had been
calling her, repeatedly, and telling her not to talk with the Sheriff's Office
any further about this case.
I then called Singleton and asked her if she had been getting calls from
Liz Smith. Singleton said she had a "Couple" of calls from Liz.
I asked
Singleton if Liz was telling her to stop talking with me or anyone else with the
Sheriff's Office and Singleton said, "What she told me was, "You've already told
them what you know, you don't have to tell them anything else, if you don't want
to."
I asked singleton if she wanted me to call Liz and advise her to stop
calling her.
Singleton said, "No, absolutely not, if you do then she won't call
me again and I want her to call me if she needs my help."
03102/15
Report for 15-02790
Page 24 of25
Date: 15:22:4002/17/15
Page 8 or Supplement
03/02/15
Report for 15-02790
Page 25 of 25
Supplement
Officer: SMITH T - 418
Date: 09:03:3902126115
02/10/2015
On this date I was asked by Sgt. Jim Fortner to obtain search warrants
for phone records on the following phone numbers:
Verizon Wireless Elizabeth Smith
AT&T Elizabeth Smith
Verizon wireless John Smith
I prepared the warrants with the facts and circumstances provided to me for
probable cause. See search warrants for full details.
02/11/2015
On this date I have the search warrants reviewed and signed by Judge
Skeen with the 241st District Court. The warrants were signed and executed on
this same date.
02/12/2015
On this date I received the phone records back from Verizon Wireless.
I
made a copy of the records and gave these records to lead detective, Ron
Rathbun.
I returned my return for these two search warrants to the 241st.
At this time I am still waiting on the records from AT&T.
Detective Theresa Smith
03102/15
WARRANT#
':15=a.,/lL"'5-
TIlE STATE OF TEXAS
COUNTY OF SMITH
§
§
§
nW ~
CASE # 15-02790
COURT:
SEARCH & SEIZURE WARRANT
{Article 18.02( 11), Texas Code of CrimiDal Procedure)
THE STATE OF TEXAS: To the Sheriff or any Peace Officer of Smith County, Texas, or any Peace
Officer of the State of Texas.
WHEREAS, the Affiant whose signature is affixed on the affidavit attached hereto, is a Peace Officer
under the laws of the State of Texas and did heretofore this day subscribe and swear to said Affidavit
before me (which said affidavit is here now made a part hereof for all purposes and incorporated herein as
if written verbatim within the confines of this warrant), and whereas I find that the verified facts stated by
affiant in said affidavit show that affiant has probable cause for the belief helshe expresses herein and
establishes existence ofproper grounds for issuance of this Warrant;
NOW, THEREFORE, you are commanded to search the suspected property, and premises described in
said affidavit, to wit: Electronic Customer Digital ~rds from cell phone provider CelleD
Partnenhip Verlzoa Wireless with phone number _ _ _ _ Additional records and infonnation
sought to include; Subscriber and bimng information, including all names, personal identifying
information, addresses, and telephone number associated with the account, call details, historical cell site
information, Short Message Service (SMS) Text messages, Multimedia Message Service (MMS) messages,
voice messages, voicemail password reset, e-mail messages, networking messages, photographs, videos, a
digital Carrier Key related to call detail records and cell site infonnation which includes a list of all cell
sites for the state of Texas, the physical address (Latitude and longitude), associated cell tower sectors and
e azlmut 0 eac , cap
m 02-06-2015 to present and this includes any forensic or physical
examination of the cellular device related to this number. Said suspected data and records are in the care,
custody. and control of the Custodian of Records of Cellco Partnership Verlzoa WireJess. Said places
you shall search and collect evidence described in the affidavit and to seize and bring before me said
property listed in attached affidavit.
HEREIN fail not, but have you then and there execute this warrant within ten days, exclusive of day of its
execution, with your return thereon, showing how you executed same.
~9
ISSUED, at If
o'c1ockffi. on this the
witnessed my hand this day.
/I {ay of ~v.~
2015, to certify which
WARRANT # j~
THE STATE OF TEXAS
- J - \ \ - j'5 FSlJ - 3
CASE # 15-02790
§
§
§
THE COUNTY OF SMITH
COURT: .~ I .:;,
t-
RETURN AND INVENTORY
The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath
certifies that the foregging. Warrant came to hand on the day it was issued, and that it was executed on the
l\
day of t-ebn lQ.,.( \ ~ , 2015, by making the search directed therein and seizing
during said search the following describ property.
.-----
/
SU~CRIBED AND SWORN to before me, the undersigned authority, on this the d
5'11/'4111 I" y
7
e.
.2015.
..
..
J1.i.y of
-
WANDA POMEROY
N.'lary PIJbl!c
Slale of Texas
"1IIIiiiii~M_Y=... ExPilesQ8.15-2017
'~'
NOTARY PUBLIC IN AN
THE STATE OFTEXA •
W.\RRANT#
-:YS'-d-I/-/~5W'- '2J
AFFIDA V1T FOR EVIDENTIARY SEARCH WARRANT
TilE STATE OF TEXAS)
COUNTY OF SMITH
)
CASE# 15-02790
The Undersigned Affiant, being a Peace Ot1icer under the laws of Texas and being duly
sworn, on oath makes the following statement and accusations:
L THERE IS IN SMITH COUNTY, TEXAS A SUSPECTED PLACE AND PREMISES DESCRIBED
AND LOCATED AS FOLLOWS:
Cellular telephone information 1 records for " .........., Partnership Ve.·izon
Wireless) cellular telephone number
2 THERE IS AT SUSPECTED PLACE AND PREMISES PROPERTY CONSTITUTING EVIDENCE
OF AN OFFENSE OR CONSTITUTING EVIDENCE THAT A PARTICULAR PERSON
COMMHTED AN OFFENSE OR PROPERTY CONSTITUTrNG IMPLEMENTS OR
INSTRUMEVT'S USED IN THE COMMISSION OF A CRIME:
Cellco Partnership Verizon Wireless J80 Washington Valley Road Bedminster, NJ 07921 Fax: 908-306-7491 Phone: 800-451-5242 REGARDING TARGET NUMBER: and to search for the property described in said atlidavit,
Subscriber and billing intormation, including all names, personal identifying
information, addresses, and telephone number associated with the account, call
details, historical cell site information, Short Message Service (SMS) Text messages,
Multimedia Message Service (MMS) messages, voice messages, voicemail password
reset, e-mail messages, networking messages. photographs, videos, a digital Carrier
Key related to call detail records and cell site information which includes a list of all
cell sites tor the state of Texas, the physical address (Latitude and longitude),
associated cell tower sectors and the azimuth of each, captured from 02/06/2015 to
Present, and this includes any forensic or physical examination of the cellular device
related to this number.
3. SAID SUSPECTED PLACE AND PREMISES ARE IN CHARGE OF AND CONTROLLED BY
EACH OF THE FOLLOWING PERSONS
Custodian of records for Cellco Partnership Verizon Wireless
WARRANT #
4. IT IS THE BI::LIEF OF AfFIANT, AND HE HEREBY CHARGES AND ACCUSES, THAT
Unknown person or persons shot John G. Smith in the head with a small caliber
handgun. Potentially an attempted suicide but that is unproven at this time.
5. AFFIANT, DECTECTIVE THERESA SMITH, WHO HAS 8 YEARS LAW ENFORCEMENT
EXPERJENCE AND (S EMPLOYED WITH THE SMITH COUNTY SHERIFF'S DEPARTMENT AS
A CRIMINAL fNVESTlGATOR, HAS PROBABLE CAUSE fOR SAlD BELIEF BY REASON OF
THE FOLLOWING FACTS:
Affiant is a detective for the Smith County Sherifrs Office, Smith County, Texas. As
such, Affiant is licensed by the State of Texas as a Peace Officer.
On February th 2015 Deputies were dispatched to • • • • • •
Winona, Texas Smith County in reference to a shooting or possible suicide attempt.
Deputy Justm Stockwell first arrived on scene. Deputy Stockwell advised he observed
John Smith lying face down in a pool of blood with a black handgun lying at his feet.
Deputy Stockwell came in contact with an Elizabeth Smith, John Smith's wife. Elizabeth
advised she and John were in a verbal argument tonight. Elizabeth advised John had
been drinking and was intoxicated. Elizabeth advised she left the location, headed to
Lindale, with their two daughters around 2030 hours. Elizabeth then retul11ed back to the
residence at around 2130 hours and observed 10hn's truck was blocking the driveway.
Elizabeth drove around John's truck and then saw John's body in a large pool of blood.
Elizabeth advised she called 911 but would not approach John's body to determine the
status of John. Deputy Stockwell advised when EMS arrived on scene they advised that
John was breathing and still alive.
Aftiant believes that there is probable cause to beli
has occurred and was
Winona, Texas
committed by unknown person or persons at
~unty. Aftiant believes by obtaimng the phone records of target number _
_
with Verizon Wireless belonging to John Smith, that thiS mlorrnation can be
used to gather further evidence related to this investigation. Affiant requests to preserve
and further examine the records.
WHEREFORE AFFIANT ASKS FOR [SSUANCI:! OF A W ARRANT THAT WILL
AUTHORIZE HIM TO SEARCH SAID SUSPECTED PLACE AND PREMISES FOR SAID
PROPERTY AND SIBZE THE SAME.
-/j./ /l.lL((u
i
d:~,
SUBSCRlBED AND SWORN TO BEFORE ME BY SAID Affiant on this the
AFFIANT
_1_'_ day of
WARRANT #
.J5"'@-1}·/S-
R:J.;):y THE STATE OF TEXAS
§
§
CASE # 15·02790
COUNTY OF SMITH
§
COURT:
SEARCH & SEIZURE WARRANT
(Article 18.02( 11), TellS. Code of Criminal Procedure)
THE STATE OF TEXAS: To the Sheriff or any Peace Officer of Smith County, Texas, or any Peace
Officer ofthe State of Texas.
if written verbatim within the confines of this warrant), and whereas 1 find that the verified facts stated by
affiant in said affidavit show that affiant has probable cause for the belief he/she expresses herein and
establishes existence of proper grounds for issuance of this Warrant;
said affidavit, to wit: Electronic Customer Digital Data & Records from cell phone provider CeDeo
Partnership Verlzon Wireless with phone number
Additional records and information
sought to include; Subscriber and billing information,
all names, personal identifying
information, addresses, and telephone number associated with the account, call details, historical cell site
information. Short Message Service (SMS) Text messages, Multimedia Message Service (MMS) messages,
voice messages, voicemail password reset, e-mail messages, networking messages, photographs, videos, a
digital Carrier Key related to can detail records and cell site information which includes a list of all cell
sites for the state of Texas, the h ical address Latitude and Ion 'tude associated cell tower sectors and
the azimuth of each, captured from 02-06-2015 to present and this inc es any forensic or physical
examination of the cellular device related to this number, Said suspected data and records are in the care,
eustody, and control of the Custodian of Records of Cellco Partnership Verizon Wireless. Said places
you shall search and collect evidence described in the affidavit and to seize and bring before me said
property listed in attached affidavit.
ISSUED, at j.' >i
o'clockLM, on this the ...;.tjay of
~~ 2015, to certify which
WARRANT#3s -
THE STATE OF TEXAS
J - \\- \5
CASE # 15-02790
§
§
§
THE COUNTY OF SMITH
FSW-~
COURT:
Cl\-t\ ~~
The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath
certifips that the forego~Warrant came to hand on the day it was issued., and that it was executed on the
__JJ-...I__day of .t:eUf\.O (\ A ,2015, by making the search directed therein and seizing
during said search the following describ«l property.
- Qe.\\ %c,(\e ~ec.o\c.\.s
e.
-zLt::).L
AFFIANT
SUBSCRIBED AND SWORN tn hpfnrAme.
~~
• 2015
*
,ecelv(±l on eJ/l,]/15
thAI.nA..-.;,..,
WANDA POMEROY
Nc)lary Public
•My camm.
Slale 01 Texa.
ElcpinII 08-15-2017
.A
authority, on this thlY'...I;tf day of
~~
NOTARY PUBLIC IN A~D FOR
THE STATE OF TEUS. WARRANT #
AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT
THE STATE OF TEXAS) COUNTY OF SMITH
CASEN 15·02790
)
The Undersigned Affiant, being a Peace Officer under the laws of Texas and being duly
sworn, on oath makes the folloWing statement and accusations:
1. THERE IS IN SMITH COUNTY, TEXAS A SUSPECTED PLACE AND PREMISES DESCRIBED
Cellular telephone information 1 recor~ Partnership Verizon Wireless) cellular telephone number _ .
2. THERE IS AT SUSPECTED PLACE AND PREMISES PROPERTY CONSTITUTING EVIDENCE
OF AN OFFENSE OR CONSTITUTING EVIDENCE THAT A PARfICULAR PERSON
COMMIITED AN OFFENSE OR PROPERTY CONSTITUTING IMPLEMENTS OR
INSTRUMENTS USED IN THE COMMISSION OF A CRIME:
Cellco Partnership Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 Fax: 908-306-7491 Phone: 800-451-5242 REGARDING TARGET NUMBER: • • • •
and to search tor the property described in said affidavIt,
Subscriber and billing information, including all names, personal identifying
infonnation, addresses, and telephone number associated with the account, call
details, historical cell site information, Short Message Service (SMS) Text messages,
reset, e-mail messages, networking messages, photographs, videos, a digital Carrier
Key related to call detail records and cell site information which includes a Jist of all
cell sites for the state of Texas, the physical address (Latitude and longitude).
associated ceH tower sectors and the azimuth of each, captured from 02/06/2015 to
3
SAlD SUSPECTED PI ACE AND PREMJSES ARE IN CHARGE OF AND CONTROLLED BY
EACH OF THE FOLLOWING PERSONS:
Custodian of records for Cellco Partnership Verizon Wireless
4. IT IS THE BEUEF OF AFFIANT, AND HE HEREBY CHARGES AND ACCUSES, THAT
5. AFFIANT, DECTECTIVE THERESA SMITH, WHO HAS 8 YEARS LAW ENFORCEMENT
EXPERIENCE AND IS EMPLOYED WITH THE SMITH COUNTY SHERIFF'S DEPARTMENT AS
A CRIMINAL INVESTIGATOR, HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF
THE FOLLOWING FACTS:
Affiant is a detective tor the Smith County Sheriff's Office, Smith County, Texas. As
such, Affiant is licensed by the State of Texas as a Peace Officer.
On February 71h 2015 Deputies were dispatched to . . . .
Deputy Justin Stockwell first arrived on scene. Deputy Stockwell advised he observed
John Smith lying face down in a pool of blood with a black handgun lying at his feet.
Lindale, with their two daughters around 2030 hours. Elizabeth then returned back to the
residence at around 2130 hours and observed John's truck was blocking the driveway.
Elizabeth drove arouud John's truck and then saw John's body in a large pool of blood.
Elizabeth advised she called 911 but would not approach John's body to detennine the
Amant believes that there is probable cause to
a shooting has occurred and was
Winona, Texas
Smith County. Affiant believes by obtaining the phone
target number.
~
bwith Verizon Wireless belonging to Elizabeth Smith, that this information can
be used to gather further evidence related to this investigation. Affiant requests to
preserve and further examine the records.
n
WHEREFORE AFFIANT ASKS FOR ISSUANCE OF A WARRANT THAT WILL
AUTHORIZE HIM TO SEARCH SAID SUSPECTED PLACE AND PREMISES FOR SAID
PROPERTY AND SIEZE THE SAME.
' , j• I.' -
i~
.
7/tUi~t.. <6L..'l: ,AFFIANT
SUBSCRiBED AND SWORN TO BEFORE ME BY SAID Affiant on this the
~U~!~, '5.
JL day of
WARRANT # THE STATE OF TEXAS
COUNTY OF SMITH
§
§
§
CASE # 15-02790 COURT: SEARCH & SEIZURE WARRANT (Article 18.02(11), Texas Code of Criminal Procedure) THE STATE OF TEXAS: To the Sheriff or any Peace Officer of Smith County, Texas, or any Peace
Officer of the State of Texas.
if written verbatim within the confines of this warrant), and whereas I find that the verified facts stated by
affiant in said affidavit show that affiant has probable cause for the belief helshe expresses herein and
establishes existence of proper grounds for issuance of this Warrant;
said affidavit, to wit: Electronic Customer D~a & Records from cell phone provider AT&T
Mobility (Cingular) with phone num~ Additional records and information sought to
include; Subscriber and billing information, including all names, personal identifying information,
addresses, and telephone number associated with the account, caU details, historical cell site intormation,
Short Message Service (SMS) Text messages, MuJtimedia Message Service (MMS) messages, voice
messages, voicemail password reset, e-mail messages.networkingmessages.photographs.videos.adigital
Carrier Key related to call detail records and cell site information which includes a list of all celJ sites for
the state of Texas,rhe physical address(Latitude and 10ns!tu~e}1.~~~!l!~.~~UQw~.sef?!ors and tho,
-azlnluth-ofeach,-captured 'frOm··o:f-06.=iois toand this includes any forensic or physical
examination of the cellular device related to this nwnber. Said suspected data and records are in the care,
custody, and control of the Custodian of Records of AT&T MobWty (Clngular). Said places you shaH
search and collect evidence described in the affidavit and to seize and bring betore me said property listed
in attached affidavit.
present
1=7
d~
of~ 2015, to certify which
o'clock(3vt, on this the .L.L:..day
ISSUED. at /:
~
.'
..
c:rr.tJd1;
.
-If-; ~ f/f'.-<if4'tYJU./
·~~Uu~
WARRANTH
AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT
TilE STATE OF TEXAS)
COUNTY OF SMITH
CASE# 15-02790
)
The Undersigned Affiant, being a Peace Officer under the laws of Texas and being duly
1. THERE IS IN SMITH COUNTY, TEXAS A SUSPECTED PLACE AND PREMISES DESCRIBED
Cellular telephone i~records for (AT&T Mobility (Cingular).) cellular
telephone number _ .
2. THERE IS AT SUSPECTED PLACE AND PREMISES PROPERTY CONSTITUTING EVIDENCE
OF AN OFFENSE OR CONSTITUTlNO EVIDENCE THAT A PARTICULAR PERSON
COMMl'ITED AN OFFENSE OR PROPERTY CONSTITUTING IMPLEMENTS OR
INSTRUMENTS USED IN THE COMMISSION OF A CRIME:
AT&T Mobility (Cingular) 11760 US Highway 1 North Palm Beach, FL 33408 Fax: (888)-938-4715 REGARDING TARGET N U M B E R : '
and to search for the property described in said affidavit,
Subscriber and billing information, including all names, personal identifYing
information, addresses, and telephone number associated with the account, call
details, histolical cell site information, Short Message Service (SMS) Text messages,
reset, e-mail messages, networking messages, photographs, videos, a digital Carrier
Key related to call detail records and cell site information which includes a list of all
cen sites for the state of Texas, the physical address (Latitude and longitude),
assocIated cell tower sectors and the azimuth of each, captured from 02/06/2015 to
3. SAID SUSPECTED PLACE AND PREMISES ARE IN CHARGE OF AND CONTROLLED BY
EACH OF THE FOLLOWING PERSONS-
Custodian of records for AT&T Mobility (Cingular).
WARRANT #
4. IT IS THE BELIEF OF AFFIANT.
AND HE HEREBY CHARGES-AND ACCUSES, THAT:
5. AFF1ANT, DECTECTIVE THERESA SMITH, WHO HAS 8 YEARS LAW ENFORCEMENT
EXPERIENCE AND IS EMPLOYED WITH THE SMITH COUNTY SHERIFF'S DEPARTMENT AS
A CR1MTNAL INVESTIGATOR, HAS PROBAB! E CAUSE FOR SAID BELIEF BY REASON OF
THE FOLLOWTNG FACTS:
Affiant is a detective for the Smith County Sherift's Office, Smith County. Texas. As
such, Affiant is licensed by the State ofTexas as a Peace Officer.
On February 7tb 2015 Deputies were dispatched. to
Deputy Justin Stockwell first arrived. on scene. Deputy Stockwell advised he observed
John Smith lying face down in a pool of blood with a black handgun lying at his teet.
Lindale, with their two daughters around 2030 hours. Elizabeth then returned back to the
residence at around 2130 hours and observed John's truck was blocking the driveway.
Elizabeth drove around John's truck and then saw John's body in a large pool of blood.
Elizabeth advised. she called 911 but would not approach John's body to detennine the
has occurred and was
Affiant believes that there is probable cause to believe a
Winona, Texas
Smith COWlty. Affiant believes by obtaining the phone records of target number . .
ith AT&T belonging to Elizabeth Smith, that this information can be used to
gather further evidence related to thlS investigation. Atliant requests to preserve and
further examine the records.
WHEREFORE AFFIANT ASKS FOR ISSUANCE OF A WARRANT THAT WILL
AUTHORIZE HIM TO SEARCH SAID SUSPECTED PLACE AND PREMISbS FOR SAID
/'
,.
PROPERTY AND SIEZE THE SAME.
-7
/
~ftt., 4;1u~1 ~
SUBSCRffiED AND SWORN TO BEFORE ME BY SAID Affiant on this the
AFFIANT
II
day of
SEARCH WARRANT THE STATE OF TEXAS
)( COUNTY OF SMITH
)( SEARCH & SEIZURE WARRANT {Article 18.02(11), Texas Code of CrimiDal Procedure) THE STATE OF TEXAS to the Sheriff or any Peace Officer of Smith County, Texas or any Peace Officer of
the State of Texas.
GREETINGS:
WHEREAS, the Affiant whose signature is affixed to the Aftidavit appearing on the reverse hereof and lor
attached hereto, is a Peace Officer under the laws of the State of Texas and did heretofore this day subscribed
and swear to said Atlidavit before me, which said Affidavit is by this reterence incorporated herein for all
purposes, and whereas 1 tind that Affiant has probable cause tor the belief he expresses therem and established
the existence of proper grounds tor the issuance of this warrant:
~OW, THEREFORE, you are commanded to take a Samsung Cell phone with unique number~
described in said Atiidavit. located in: Smith County, take the Cell phone as, descnbed in said attidavit and to
seize same and bring before me said property listed in attached affidavit. You are directed to process the cell
phone tor any and all data contained there in.
HEREIN, fail not, but have then and there execute this warrant Within ten days, exclusive of day of execution
and the day of return, with your return thereon, showing how you executed same.
'1
ISSUED, at I.: Z o'clock
~,
on this the
jL~~;
of
rJ.x.llJ~-J}. j.l'l-V'
' 2015. to certify which
f
.llwiLHIt·
\IAG7T
V
.
TE, Smith County' e
.
81
~ 1)1A<C~d 1-1 "/t/;l'(~ ()t(;iJA(&~ (~OW-. Page
1
AFFIDAVIT FOR EVIDENTIARY SEARCH WARRA;\T
THE STATE OF TEXAS )
)
COUNTY OF SMITH
The undersigned Affiant, being a Peace officer under the laws of Texas and being duly
1. THERE IS I~ SMITH COlIKTY, TEXAS A SUSPECTED PLACE A;-.ID
PREVlJSES DESCRIBED A~D LOACTED AS FOLLOWS:
227"1 Spring St Tyler, Smith County Texas Smith County Sheriffs Office.
2. THERE IS AT SUSPECTED PLACE AND PREMISES PROPERTY
CONSTlTUTI~G EVIDE"\CE OF AN OFFENSE OR CONSTITL'f I'\G
EV1DEl\CE THAT A PARTICULAR PERSON COY1vffTTED A"1
OFFENSE OR PROPERTY CO'lSTUTING IMPLE\IlE~TS OF
Il\STRU'v1ENTS USED N rJ-JE C0'v1MISS10N OF A CRIME.
r\ Black Samsung Cell Phone Flip Style with unique number
dS:-'Ol.:lmcd
3. with it
SAID SUSPECTED PLACE A'lD PRE~'llSES ARE 1\ CHARGE OF
CONTROLLED BY EACH OF THE FOLLOWING PERSOl\S:
A~D
A. ~heriffLarry R Smith
B. Deputy Sheriff "\oeJ \IIartin
C. Liz Smith
~. IT IS THE BELIEF OF
ACCUSES, THAT:
AFFIA~T,
A\D HE HEREBY CHARGES AND
Unknown person or persons shot John G. Smith in the head with a small
caliber handgun. Potentially an attempted suicide but that is unproven at this
time.
5. AFFTAt\T HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF
THE FOLLOWI\G FACTS:
Aftiam, Ira Earls, IS a Detective tor the Smith County Sherifrs Department and as such IS
;l
peace otl:icer under the laws of the State of Texas. Affiant is currently assigned to the
Criminal Investigations Division of the Smidt County Sheriff's Department. Atfiant
holds a 'v1aster Peace Officers Certiticate from the Texas Commission on Law
Entorcement Officer Standards and Education.
Aftiant states that on the 7th of February 2015, 1 was contacted by Sgt. 1. Fortner and
advised that Constable John Smith Had been tound by his wife Liz SmIth in the drive
way of their residence locatedl• • •
in Winona, Smith County, Texas shot in the
head. Affiant was sent to the Sherifrs office to prepare a search warrant.
At1iant contacted Smith County Deputy Justin Stockwell, who was on the scene of this
inCident. A niam states that Stockwell provided a descnption of the location and vehicles
.1t said location as listed above in this affidavit ti)r a search wan·ant. Affiant was r'urther
advised that Liz Smith and John Smith had been involved in a verbal tlisturbam:e and that
ohn Smith was into~icated according to Liz Smith. Affiant was advisc:d oy Stockwell
. hat Liz Smith left the location around 20:30 Hours and took her two daughters to
:_i11dale. Stockwell umher advised that Llz returned to the location at 21 :30 to tind John
Smiths black truck blocking the drive way. Liz was able to drive through some bnlsh and
get around Johns truck. Liz then located the body of John Smith in a large pool ot blood
but was unable to see a weapon. LIz Smith then caned 911 but would not approach the
l)ody to determine the status
of John Smith. Affiant states that Deputies atTtved and that
;ohn Smith was still oreathing but was spitting up blood. John Smith was transported to
East Tex.as vledical Center.
Criminalist ~oel :vtartin located a Samsung nip cell phone at the location.
Amant bel1eves that there is probable cause to believe that a shooting occurred and was
committed by unknown persons at • • •
in Winona Smith County, Texas and
Samsung Cell Phone may contain digital eVIdence pertinent to this investigation.
WHEREFORE AFFIA::-.JT ASKS FOR ISSUA~CE OF A WARRA;..JT THAT WILL
AUTHORIZE HI~I TO SEARCH SAID SUSPECTED PLACE A;..JD PREMISES FOR
SAID PROPERTY A:'-1D SEIZE THE SAME.
~c:::......,
AFFIA~ T
SLl~CRIBED A~Dt:~R~
DAY OF
t!,.
I-
TO BEfORE \1E BY SAID AFFIANT 0:--1 THIS THE
2015,
SEARCH WARRANT
)(
THE STATE OF TEXAS
COUNTY OF SMITH
)(
SEARCH & SEIZURE WAR.R.AJ'T lArticle 18.02(11), Texas Code ofCrlmiDal Procedure) THE STATE OF TEXAS to the Sheriff or any Peace Otlicer of Smith County. Texas or any Peace Officer of
the State of Texas.
GREETI:SGS:
WHEREAS. the Aniant whose signature is affixed to the Affidavit appearing on the reverse hereof and or
J.ttached hereto, is a Peace Officer under the laws of the State of Texas and did heretotbre this day subscribed
.llld swear to said Affidavit betore me, which said Affidavit is by this reference incorporated herein tor all
~'urposes. and whereas 1 tind that Affiant has probable cause tilr the belief he expresses therein and established
',he eXIstence or proper grounds tor the issuance of this warrant:
"'OW. IHEREFORE, you ..Ire ..:ommanded to tuke Vial of Blood of John G Smith from East rexas Medical
(\:nter HospItal located at 1000 South Beckham des'-1ibed in said Atlldavtt. Located m: Smith County, tuke the
Vial of Blood as, described in said atlidavit and to seiJ:e sume and bring belon: me said property listed in
Ittact'led attidavlt. You are chrected to send sample to be tested for any and all substances both legal, llIegal. and
DNA.
HEREI~.
I!:<~..:ution
tiul not. but have then and there execute this warrant within titleen days, exclusive of day uf
and the day of rerum, wtth your return thereon, showing how you executed same.
ISSUED, at
-7 ••-e.
3':/ '")-
0'clock2\1, on this the ..Lday
rJ. /
7'
Of¢1:C'vw..cr....
,,-7
2015. to ..:ertify which
/
I/'lr:.
Page
1
re.:}t t
)(
TH E 5TATE OF TEXAS
TH E COUNTY OF SMITH
)(
The undersigned Affiant. being a Peace Officer under the laws of Texas and being duly sworn, on
oath certifies that the f9regoing, Warrant came to hand on the day it was issued. and that it was
executed on the
day of Feb
, 2015, by making the search directed
therein and seizing during said search the following described property.
r"
3 (//""
j
o-{ ifIc;r')~
AFFIANT
SUB§.C~IBED AND SWORN to before me, the undersigned authority...oo-tRts. the ~ay of·
tel)
,2015.
.

AMYWRIOHT
NoIaIy PubIIo
SIIIfII 01 T. . .
...c:oa- """"0.144017
Page
2
AFFIDAVIT FOR EVIDE~TIARY SEARCH WARRANT
THE STATE OF TEXAS ) COUNTY OF Sl\lITH
)
The undersigned Affiant, being a Peace officer under the laws of Texas and being duly
, sworn, on oath makes the following statement and accusations:
l. THERE IS N S\1ITH COtNTY, TEXAS A SUSPECTED PLACE A'\D
PREMISES DESCRIBED A'JD LOACTED AS FOLLOWS:
1000 South Beckham East Texas 'vtedical Center Hospital Tyler Texas
1
THERE IS AT SUSPECTED PLACE AND PRE\ltISES PROPERTY
CO'lSTlTUTI\O EVIDE\CE OF A;'\; OFFENSE OR CO\lSTITl,1'11\G
EVIDENCE THAT A PARTICl LAR PERSO~ COMMITTED A;"
OFFENSE
OR
11ROPERfY CONSTUTING
lyIPLE\1E'JTS OF
Ii\STRUME"lTS USED 1'1 TIrE C0V1\1ISS10\1 OF A CRIME.
Vial containing lhe Blood of John Smith
3. SALD SUSPECTED PLACE AND PREMISES ARE 1'1 CHARGI::.
CONTROLLED BY EACH OF THE FOLLOWING PERSO'lS:
or
A~D
<\. Elmer Ellis; CEO East Texas 'vtedical Center Tyler, Smith County, J'exclS
B. Joy Anderson; East Texas 'vtedicul Center Hospital Lab Tyler, Smiil,
County Texas
4. iT IS THE BELlEF OF AFFIA\ T, A>JD HE HEREBY CHARGES Al\D
ACCUSES, THAT:
Unknown person or persons shot John O. Smith in the head with a small
caliber handgun. Potentially an attempted suicide but that is unproven at this
time.
5.
AFFIANT HAS PROBABLE CAUSE FOR SAID BELlEF BY REASO\l OF
THE FOLLOWI"NG FACTS:
Amant, Ira Earls, is a Detective for the Smith County Sheritfs Department and as such is
a peace officer under the laws of the State of Texas. Affiant is cun'ently assigned to the
Criminal Investigations Division of the SmIth County Sheriffs Department. Affiant
holds a ~aster Peace Omcers Certificate from the Texas Commission on Law
Enforcement Oftker Standards and Education.
Affiant states that on the 7th of February 2015, I was contacted by Sgt. J. Fortner and
advised that Constable John Smith Had been found by his wife Liz Smith in the drive
way of their residence located
Winona, Smith County, Texas shot in the
head. Affiant was sent to the Sheriff's office to prepare a search warrant.
Affiant contacted Smith County Deputy Justin Stockwell, who was on the scene of this
incident. Affiant states that Stockwell provided a description of the location and vehicles
at said location as listed above in this affidavit for a search warrant. Aftiant was further
advised that Liz Smith and John Smith had been involved in a verbal disturbance and that
John Smith was intoxicated according to Liz Smith. Amant was advised by Stockwell
that Liz Smlth left the location around 20:30 Hours and took her two daughters to
Lindale. Stockwell further advised that Liz returned to the location at 2 t :30 to tind John
Smiths black truck blocking the drive way. Liz was able to drive through some brush and
get around Johns truck. Liz then located the body of John Smith in a large pool of blood
but was unable to see a weapon. Liz Smith then called 911 but would not approach the
body to determine the status of John Smith. Aftiant states that Deputies arrived and that
John Smith was still breathing but was spitting up blood. John Smith was transp<lI'ted to
East Texas Medical Center.
Affiant believes that there is proba
to believe that a shooting OCCUlTed and was
..:ommitted by unknown ptmml1s at
it1 Winona Smith County, Texas and
the blood of John Smith may contain evidence pertinent to this investigatIOn to match
D~A and to test tor intoxicate8 or other substances.
WHEREFORE AFFIANT ASKS FOR ISSUA't\CE OF A WARRANT THAT WILL
AUTHORIZE HIM TO SEARCH SA[D SUSPECTED PLACE A~D PRE:\tIISES i-OR
SAID PROPERTY AND SEIZE THE SAYlE.
~~
AFFIAl\T
SUBSCRIBED A~D SWORN TO BEFORE ME BY SAID AFFIANT ON THIS THE
~DAYOF feb
2015.
'.
SMITH COUNTY SHERIFF'S DEPARTMENT
CIDMESCENEENTRYLOG
DATE:
.
a.-1-IS
SCENELOCATION
--
CASENUMBER
/4075"
FIRST RESPONDER
SCENE RELEASED TO
..
.
1'£-0ri.7'0
I
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.
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.-
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.
---~.
SMITH COUNTY SHERIFF DEPARTMENT
PROPERTY/INVENTORY SHEET
LOCATION
SHELFI80X
PAGE
1. OFFENSE
2. DATE
I
1111('""", ,,1('« s."" /d .1.1('
i
4. EVIDENCE ..,/'
;;~ 8"-/'\
FOUND PROPERTY
SAFEKEEPING
5. LOCATION PROPERTY OBTAINED
8. OWNER'S ADDRESS
10. SUSPECT'S NAME
11. SUSPECT'S ADDRESS
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13. rTEM Ii
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OTHER
9. OWNER'S PHONE
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12. SUSPECT'S PHONE
It...J;,,,nM'I.TK
DESCRIPTION (INCLUDES BRAND, MODEL, SERIAL f, COLOR, SIZE, ETC.)
I
"'
0, ') CA.
QUANTITY
(
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7. OWNER'S NAME
:.:t 04.1'\
OF
6. PERSON FROM WHOM OBTAINED
Iftl1.~.rlf 1'/0-. !t1f-(QII.N\.;t
C
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CID Request/or Investigative Action
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TYPE
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Offense Report
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Pre·Bookinl Information
Probable CauM At'rld... it
Victim Slatement
Witness Statemenr
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Complete Criminal History of Suspect
Protective Order
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