att warrant - dated april 25

8/17/2019 ATT Warrant - Dated April 25

1/9

MIDLOTHIAN, TEXAS POLICE DEPARTMENT

APPLICATION

AND

AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT

THE STATE

OF

TEXAS

COUNTY OF ELLIS

§

§

§

§

§

§

LOCATION:

National Subpoena Compliance

Center, AT&T Mobility

11760 US Highway 1 4th floor

Suite

600

North Palm Beach,

FL

33408

THE

UNDERSIGNED AFFIANT, BEING A PEACE OFFICER UNDER THE LAWS OF

TEXAS, SPECIFICALLY

THE

MIDLOTHIAN POLICE DEPARTMENT AND BEING DULY

SWORN, ON OATH MAKES THE FOLLOWING STATEMENTS

AND

ACCUSATIONS:

1. THERE IS IN ELLIS COUNTY, TEXAS, A PLACE AND PREMISES DESCRIBED AND

LOCATED AS FOLLOWS:

The Midlothian Police Department, which seeks the historical records/information

contained herein and believed to be in the possession of AT&T National Subpoena

Compliance Center, AT&T Mobility

11760 US

Highway

1,

4th floor, Suite

600,

North

Palm Beach, FL

33408,

hereinafter AT&T.

Identified cellular phone(s) with Mobile Directo

hereafter referred

as Target

Numbers .

This information is believed to be imperative

in

locating a suspect(s)

in

the MURDER

investigation of Terri Missy Leann Bevers that occurred on Monday, April 18th 2016.

2.

THERE

IS AT SAID PLACE AND PREMISES ITEMS CONCEALED AND KEPT THAT

CONSTITUTE AS EVIDENCE IN THE COMMISSION OF THE CRIME OF MURDER.

AT&T National Subpoena Compliance Center, AT&T Mobility 11760

US

Highway

1 4th

floor, Suite

600,

North Palm Beach,

FL

33408.

• The following

is

ordered to be provided, if available, for the time period of

03/01/2016

to

present

day

04/24/2016;

• Cell sites activations, including any available ranging data [distance from tower, range

to

tower (RTT), Per call measurement data (PCMD)], sector and approximate distance, and all

APPLICATION AND AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT

EVIDENTIARY SEARCH WARRANT

AT&T


Center

Target

Numbers

MPD # 16MP015685


2/9

registration information, including signal strengths, logs, etc. if obtainable).

• All outgoing and incoming communications/call detail records CDRs), with cell sites,

including all telephone numbers, chirp numbers/direct connects/walkie-talkie/Universal Fleet

Mobile Identifier UFMI) numbers, email addresses electronic mail), Internet Protocol

IP)

addresses, World Wide Web www) addresses, dialed/communicated with outgoing and/or

incoming). This includes local and long distance telephone connection records, including

all text [short message service SMS)] detail records, email detail records [including IP

Internet Protocol)] logs, email header information, and email addresses],

IP

connection

detail records/logs, and video, audio, and/or photo image transactions records, such as

multimedia messaging service MMS) picture/video messaging) detail records/logs, sent

or received, to provide dates, times, and methods of voicemail access, and records of

session times and durations.

• All subscriber information, including any available telephone numbers and/or unique

account, equipment, and/or network addressing, these may include the Electronic Serial

Number ESNs), International Mobile Subscriber Identifier IMSls), Temporary Mobile

Subscriber Identity number TMSI), International Mobile Equipment Identifiers IMEls),

Mobile Equipment Identifiers MEIDs), Mobile Station Identifiers MSIDs), Mobile

Identification Numbers MINs), Mobile Dialed Numbers MON), Integrated Circuit Card IDs

ICCIDs), Personal Unlocking/Unblocking Codes PUKs), PINs personal identification

numbers), and/or Media Access Control MAC) address es),

and

all billing/payment

information and accounts notes, for the specified cellular/wireless telephones.

• If available, an engineering map; showing all cell-site antenna/tower locations, sectors,

azimuths, beam widths, pilot PN pseudo noise) offsets,

and

true orientations.

And,

a list of

any and all cellular sites numbers [Local Area Codes LACs), Cellular Identifiers CIDs), IAP

intercept access points) system identities, repolls, switches, etc], locations, addresses,

neighbor lists, etc., and/or latitude and longitude of any said sites.

• Should the cellular/wireless number/equipment which

is

the current target of this Order have

changed, during the requested period, including the MINs/MSIDs, MDNs, ESNs, MEIDs,

IMEls, IMSls, ICCIDs, PUKs,

IP

addresses, PINs and/or MAC addresses, or combinations

thereof,

have

been changed

by

the subscribers during the period of time s) covered

by

this

Order, then this Order will apply to any other MINs/MSIDs, MDNs, ESNs, MEIDs, IMEls,

IMSls, ICCIDs, PUKs,

IP

addresses, and/or

MAC

addresses.

• That all call detail, direct connect, subscriber, numeric messages, alpha-numeric/text

messages, and any related records and/or access

be

provided, upon the specific request of

officers/agents/designees of specific data from specific time period within the confines of this

Order, in an electronic format specified by agents/officers/designees.

APPLICATION AND AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT


AT&T


Center

Target

Numbers

MPD# 16MP015685


3/9

3. SAID SUSPECTED PLACE AND PREMISES ARE IN CHARGE OF AND CONTROLLED

BY

EACH OF

THE

FOLLOWING

NAMED

PARTIES (HEREAFTER

CALLED

SUSPECTED

TARGET

NUMBERS WHETHER ONE

OR

MORE), TO-WIT: AT&T,

AND IT IS THE BELIEF OF THE AFFIANT, AND AFFIANT HEREBY CHARGES AND

ACCUSES, THAT:

Your Affiant is requesting all AT&T historical records/information pertaining to the identified

Target

Numbers as outlined and described above that would support any and all

communications including to but not limited to cell phone calls, messaging, texts, emails,

data, walkie-talkie, GPS locations or push to talk.

Your Affiant has reasonable grounds to believe that the historical records/information

stored by AT&T for the specified

Target Numbers

during the specified date range is

imperative in identifying the suspect(s) involved in the ongoing investigation of MURDER

against Terri Missy Leann Bevers which occurred on Monday April 18

1

h,

2016 within the

hours of 3:00 a.m. to 5:00 a.m., Central Standard Time.

4

AFFIANT HAS PROBABLE CAUSE FOR THE SAID BELIEF BY REASON OF THE

FOLLOWING

FACTS,

TO-WIT:

See attached document labeled Exhibit A . Exhibit A is attached hereto

and

by this

reference incorporated herein for all purposes.

WHEREFORE, Your Affiant, respectfully requests that

this

court issue an Evidentiary

Search Warrant

which

authorizes the Midlothian Police Department

to

obtain

records/information related to the identified

Target Numbers

and orders AT&T to

produce information/records/data as more fully described above.

AFFIANT

Investigator Cody McK' ney

Midlothian Police Department

Subscribed and sworn to. before me at,

: b?

/M by said Affiant on this the

dayof

/JP

,A.D.,20-#z-.

JUDGE BOB CARROLL '

40TH

JUDICIAL DISTRICT COURT

ELLIS

COUNTY, TEXAS

APPLICATION AND AFFIDAVIT

FOR



AT&T


Center Target

Numbers

MPD# 16MP015685


4/9

MIDLOTHIAN POLICE DEPARTMENT


THE STATE OF TEXAS

COUNTY OF ELLIS

§

§

§

§

§

§

LOCATION:


Center, AT&T Mobility

11760 US Highway 1,

th

floor,

Suite 600

North Palm Beach, FL 33408.

The State of Texas to the Sheriff or any Peace Officer of Ellis County, Texas, or any Peace

Officers of the State of Texas and Officers of the Midlothian Police Department and Special

Agents/Officers of the North Texas High Intensity Drug Trafficking Area, Eastern Drug Squad

Group One, Drug Enforcement Administration (DEA), United States Marshal Service (USMS),

officers from the New York Police Department Analytical Programs Unit and Special Agents of

the Federal Bureau of Investigations (FBI).

GREETINGS:

Whereas, the Affiant whose signature

is

affixed to the attached Affidavit & Application For

Evidentiary Search Warrant ( Affidavit ) appearing on the document hereof

is

a Peace Officer

under the laws of Texas and did heretofore this day subscribe and swear to said Affidavit

before me (which said Affidavit is by this reference incorporated herein for all purposes), and

whereas I find that the verified facts, stated by The Affiant show that The Affiant has Probable

Cause for the belief he expresses therein and establishes the existence of proper grounds for

the issuance of this Evidentiary Search Warrant:

NOW THEREFORE, this court hereby orders

AT&T

to provide historical record information,

facilities, and technical assistance to provide the

Midlothian Police Department

(herein-after

includes all other persons identified above) with the services and information related to these

identified Mobile Directory Numbers here and after to

be

referred to

as Target Numbers :

A. Tucker)

C.Tucker),

K. Cozine)

M. Cozine)

R

Bevers),

B. Bevers)


PAGE 1 OF3

AT&T National Subpoena Compliance Center

Target

Numbers

MPD# 16MP015685


5/9


6/9

7

That

all

call detail direct connect subscriber numeric messages alpha-numeric/text

messages and any related records and/or access

be

provided

upon

the specific request of

officers/agents/designees of specific data from specific time period within the confines of this

Order

in an

electronic format specified

by

agents/officers/designees.

Issued at J : ~ q M on this the

Z

day of

which witness my and this

day

* l_..

,

0 L .h to certify

~

JUDGE BOB CARROLL

40™ JUDICIAL DISTRICT COURT

ELLIS COUNTY, TEXAS

PAGE30F3


AT&T


Center

Target

Numbers

MPD# 16MPOI5685


7/9

EXHIBIT

A

AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH

WARRANT

{Article 18.02(10), Texas Code

of

Criminal Procedure}

YOUR AFFIANT S BACKGROUND, TRAINING AND

EXPERIENCE

Your Affiant, Cody McKinney, having been duly sworn, declare as follows:

I am a Sergeant with the Midlothian, Texas Police Department. I have been employed by

said department for a period of approximately eleven 11) years. I have served in

investigative capacities within the Midlothian Police Department for approximately nine

9)

years. I have received special deputation

as

a Deputy United States Marshall,

and

sworn as a Federal Task Force Officer TFO) assigned to the North Texas High Intensity

Drug Trafficking Area HIDTA), Southern Money Laundering Initiative. I am currently

assigned as a Task Force Officer TFO) with the Drug Enforcement Administration DEA)

Eastern

Drug

Squad Group One. I currently possess an Advanced Peace Officer

Certification as merited by and with the State of Texas Commission on Law Enforcement

TCOLE).

Your Affiant has also participated in numerous narcotics and financial investigations with

the Internal Revenue Service-Criminal Investigations IRS-Cl) relevant to violations of

State and Federal Money Laundering statutes. Your Affiant has also received specialized

training

in

narcotics investigations from the

Drug

Enforcement Administration DEA) and

related Money-Laundering matters from the Internal Revenue Service-Criminal

Investigations IRS-Cl).

Your affiant is also trained and certified in the use of Cellebite/UFED electronic forensic

data extractions, and affiant has had substantial experience

in

extracting electronic/digital

data from various types, makes, and models of electronic/digital devices including cell

phones, tablets, and GPS devices. Additionally, affiant has spent hundreds of hours

on

numerous cases analyzing such extracted data and information.

In

addition, Your Affiant has experience

in

the execution of financial search warrants,

narcotics search warrants, debriefing defendants, informants,

and

other

witnesses/individuals who have personal knowledge of the amassing, spending,

converting, transporting, distributing, laundering, and concealing of proceeds derived

from the distribution of illegal drugs.

Your Affiant has used a variety of investigative techniques during his investigations

including, but not limited to, electronic surveillance, visual surveillance, the use of


8/9

confidential sources and the use of undercover agents. Information contained in this

Affidavit is derived from Your Affiant's knowledge of and prior experiences

in

financial

and narcotics investigations; information obtained during interviews with drug traffickers

familiar with this drug trafficking organization, and review of reports prepared by special

agents with DEA as well as other federal, state and local law enforcement agencies. As

a result of Your Affiant's participation

in

this investigation, my conversations with, and

review

of

reports prepared by HIDTA Task Force Officers as well

as

other federal, state

and local law enforcement agencies, I

am

familiar with all aspects of this investigation as

articulated in this Affidavit. Information contained

in

this Affidavit includes the results of

review of property records and other information obtained from public sources; physical

surveillance; information from cooperating witnesses and law enforcement personnel.

YOUR AFFIANT S PROBABLE CAUSE I

The recitation

o

acts contained in t t is Affidavit s not meant to be a complete narrative

o

all

information tltat is known

to

Your Affiant but only a summary

o

acts

to

necessitate tlte

establishment

o

sufficient probable cause in support

o

tit is affidavit

or

tlte issuance

o

this

Evidentiary Search Warrant.

Terri Missy LeAnn Bevers was murdered by

an

unknown suspect(s), currently at large,

as she arrived to prepare for a physical fitness class she was to teach on the morning of

April 18, 2016 at the Creekside Church, located at

5401

East U.S Highway 287,

Midlothian, Ellis County, Texas 76065.

The unknown suspect dressed

in

police tactical/riot gear, obtained forcible entry to the

location of the murder, to-wit, the Creekside Church, and appears

on

the Creekside

Church surveillance videos. The unknown suspect

is

the only person detected within the

building during a period of approximately thirty (30) minutes when the victim and

decedent, Terri Missy Leann Bevers, was murdered, and it is reasonably believed that

the said unknown suspect

is

responsible

in

part or in full for murdering Ms. Bevers.

It

has

not been determined that the suspect in this MURDER is if fact a male

in

the police

tactical/riot gear.

In

certain portions of the footage the suspect appears to have what has

been described as a feminine sway or walk. The footage also indicates that the suspect

has a distinct walk that is indicative of some type injury which effects the right leg/foot.

Throughout the course of this MURDER investigation, evidence has been recovered from

electronic data extractions performed on Brandon Bevers (husband) and Ms. Bevers

personal electronic devices (lphones and an lpad). This extracted information has

provided officers with potential persons of interest

Target

Numbers

based

on

the

nature of the communications (text, messages, and recovered deleted messages)

between

Ms.

Bevers and the above

Target Numbers .

A portion of these messages (as

well as deleted messages) recovered indicate and confirm statement and tips provided

to officers of

an

ongoing financial and marital struggle as well as intimate/personal

relationship(s) external to the marriage with identified Target Numbers . Officers have

also received several tips from citizens with possible suspect leads due to the surveillance

footage being released to the general public. Some of these leads have been very specific

PAGE20F3

CONTINUATION OF AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT

1150

N

US

Highway 67 Suite 300 Midlothian Ellis County Texas 76065

Midlothian Police

Department

1\/1 n n n ~ l

1

/;;l\/ID(\1.:;:t;;Q.:;:


9/9

as to the approximate weight, height, build, distinct walk and or feminine sway

of

the

suspect. These tips have been followed up and are identified as

Target

Numbers

identified above.

Based upon the facts and circumstances surrounding this crime

of

murder as presently

known by the Affiant, and in conjunction with the Affiants training and experiences in law

enforcement, crimes against persons, and criminal activity, Affiant believes and charges

that at the time of the commission of the offense of murder that the unknown suspect was

in

possession

of

a cell phone and had been

in

contact

in

some manner with

Target

Numbers identified above for the following purposes, without limitation: i) confirming

through public social media sites and/or applications the updated workout times and

locations as posted by Ms. Bevers; ii) communicating

in

the nature

of

calls, messages,

texting, emails, data, push-to-talk, and walky-talky; iii) using smart phone capabilities to

photograph, record, and/or video the victim and the murderous act; and iv) using

functional applications and tools such as map locator applications, clock or timing

capabilities, GPS locating applications, and flashlight.

Additionally, your Affiant has relied upon his common experience, as well as informational

research obtained demonstrating that over ninety percent

of

American adults own a cell

phone and a substantial percentage

of

such cell phones possess smart phone

capabilities) in establishing that the vast majority of the populous own, possess, utilize,

and carry on or about their person or within their vehicle) a cell phone on a regular and

constant basis, and consequently, Affiant has further probable cause to believe that at

during the specified date range the

Target

Numbers did

in

fact have contact with Ms.

Bevers.

Your Affiant seeks to obtain historical records maintained by AT&T

in

the ordinary course

of business which document all such electronic/digital signals to/from the Target

Numbers

for a specified date range), which can be analyzed and utilized to identify

specific cell phone devices, GPS locations and cell phone subscriber information, which

in

turn can lead to the identity

of

the unknown suspect s) responsible for the murder of

Ms. Bevers as described above. P

~

AFFIANT

Investigator C. McKinney

Midlothian, Texas

Police Department

Subscribed and sworn before me by said Affiant at_

? i f ~

on this the 2 ~

day

of

~

L

,

A.D.,

2 ~

·

d C ~

UDGE BOB

CARROLL

Wd JUDICIAL DISTRICT COURT

ELLIS COUNTY, TEXAS

PAGE30F3

CONTINUATION

OF

AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT

1150 N US Highway 67, Suite 300, Midlothian, Ellis County, Texas 76065

Midlothian Police

Department

att warrant - dated april 25

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