Aycock, Lauren ( 2015 )


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  • M\@\, cs@“r;>o,@zlmg “ '4”3>"€ REcr-;\vEmN
    ' - COU~RT OF CR|M|NAL APFEALS
    . ``~ ' §3»28‘ / 01 ,02 JUL 09 2015
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    sTATE 0F TEXAS § lN THE CoUNTY corpm::j;) §§
    § §``. § :2: '}'-``§ ...
    VS. § 'AT LAW OF § ;< ; _"_
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    LAUREN ELIZABETH AYCOCK § NAVARRO COUNTY, ,TEXAS
    MQTIQN TQ §UPBES§
    TO THE HONORABLE JUDGE OF SAID,COURT:
    Now comes Lauren Elizabeth Aycock, Defendant, and_tiles this Motion to Suppress and
    shows the following:
    l. Defendant has been charged with the offenses of Possession of a Controlled
    Substance Penalty Group 1- Under l Gram in a Drug Free Zone in Cause No. C35719~CR,
    Possession of a Controlled Substance l’enalty Group l- Over 4 Grams Under 200 Grams with
    lntent to Deliver in a Drug Free Zone in Cause No. C37820-CR, and~Possession of a Controlled
    Substance Penalty Group 3 - Under 28 Grams in a Drug-Free Zone in Cause No. C35723-CR.
    2. On or about June 11, 2014, officers of the Navarro County Sherift’s Department ``
    executed a search warrant at 2924 W. State Hwy. 22, Corsicana, Texas. As a result of the
    execution of said search warrant, evidence that may be used by the State at trial of this cause was
    seized. n
    3. The ' actions of the Navarro County Sheriff’s Department violated the
    constitutional and statutory rights of the Defendant under the Fourth, Fifth, Sixth and Fourteenth
    Amendments to the United States Constitution, Article L Section 9 of the Texas Constitution,
    and under Article 38.23 of the Texas Code of Criminal Procedure.
    4. Lauren Elizabeth Aycock was arrested without lawful warrant, probable cause or
    n other lawful authority in violation of the rights of Lauren Elizabeth Aycock pursuant to the
    . Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I,
    Sections 9, 10 and 19 of the Constitution of the State of Texas.
    5. Any statements obtained from Lauren Elizabeth Aycock were obtained in '
    violation of Article 38.22 of the Texas Code\of Criminal Procedure and in violation_.of the rights
    of Lauren Elizabeth Aycock pursuant to the Fourth, Fifth,`` Sixth, and Fourteenth Amendments to
    the United States Constitution, Article I, Sections 9, 10 and 19 of the Constinltion of the State of
    Texas. n l
    6; Any wire, oral,- or electronic comrnunications intercepted in connection with this
    case were seized without lawful warrant, probable cause or other lawful authority in violation of
    state and federal law. v
    7. Any tangible evidence seized in connection with this case was seized without
    warrant, probable cause or other lawful authority in violation of the rights of Lauren Elizabeth
    Aycock pursuant to the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States
    Constitution, Article I, Sections 9, 10 and 19 of the Constitution of the State of Texas.
    8. Defendant specifically shows that the search warrant at issue in this case, under
    which said evidence was seized, was in violation of the Fourth, Fifth, Sixth, and Fourteenth
    Amendments to the United States Constitution, Article L Sections 9, 10 and 19 of the
    Constitution of t.he State of Texas and under Article 38.23 of the Texas Code of Criminal
    Procedure, for the following reasons:
    . a. The affidavit upon which the search warrant was based was improperly
    and illegally executed.
    b. The warrant was illegally issued for the reason that the supporting
    affidavit does not reflect sufficient probable cause to justify the issuance of a search
    warrant, in that: (i) the affidavit lacks sufficient underlying circumstances which would
    _2_
    permit the conclusion that the alleged contraband was at the location in which it was
    claimed; and (ii) the affidavit fatally fails to state sufficient underlying circumstances to
    establish the credibility of the affiant
    c. The warrant was illegally issued because the affidavit did not show
    probable cause sufficient to justify the issuance of the search warrant, because the
    magistrate who issued the search warrant did not have a substantial basis for concluding n
    that probable cause existed, i.e., that the alleged contraband would be found in a
    particular place, and-thus did not meet the totality of the circumstances analysis adopted
    in lllingis v, Ga_@, 
    103 S. Ct. 2317
    , (1983);
    d. The search warrant was illegally issued because the magistrate's probable
    cause determination reflected an improper analysis of the totality of the circumstances »
    test when, as a matter of law, the probable cause determination was not objectively
    reasonable
    e. The search warrant was illegally issued because the issuing magistrate was
    misled by information in the affidavit that the affiant officer knew was false or would
    have lmown was false except for his reckless disregard for the truth. b
    9. Therefore, Defenth requests that the following matters be suppressed at trial of
    this cause:
    a. Any and all tangible evidence seized by law enforcement officers or
    others in connection with the detention and arrest of Lauren Elizabeth Aycock in this
    case or in connection with the investigation of this case, and any testimony by the
    Navarro County Sheriff’ s Department or any other law enforcement officers or others
    concerning such evidence.
    _3_
    b. The arrest of Lauren Elizabeth Aycock at the time and place in question
    and any and all evidence which relates to the arrest, and any testimony by the Navarro
    County Sheriff’s Departrnent or any other law enforcement officers or others concerning
    any action of Lauren Elizabeth Aycocl_c while in detention or under arrest in connection
    with this case.
    c. All written and oral statements made by Lauren Elizabeth Aycock to any
    law enforcement officers or others m connection with this case, and any testimony by the
    Navarro County Sheciff’s Department or any other law enforcement ochers or others f
    concerning any such statements
    d. All wire, oral, or electronic communications intercepted in connection
    with this case and any and all evidence derived from said communications.
    e. Any other matters that the Court finds should be suppressed upon hearing
    of this motion.
    WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court suppress
    such matters at trial of these causes, and for such other and further relief in connection therewith
    that is proper.
    Respectfully submitted,
    LAW OFFICE 'OF NEAL GREEN, JR.
    110 West Col]in Avenue
    P. O. Box 346
    § Corsicana, Texas 75151
    903-874»9009
    903-874-5494 - Fax
    stare Bar No. é4036679
    nancy@nealg;eenlaw.com
    Attomey for Lauren Elizabeth Aycock
    _4.
    _`` Caso Number
    lNClDENT/OFFENSE REP()RT C14'07590
    j `` Reeeived Date Received Time Recelved Method Rocotvod By 4
    06/11/2014 10:58AM ON VIEW RCLLINS, M'YRIAH
    lnttlalCan Reported By t Dlspalched To
    N° wm°N-S 53me Ncso -n\c,\“\¢» ‘5 2924 w Hwy 22
    \»No~ssw \~ w 11 utib\
    WW~° worse 312 w zun V‘ coasrcANA, 'rx 75110
    " coasrcANA, 'rx ,* \ 1
    'Omcer(s)lUnlf(s) Asstgned Dafe Nov``fied Dlspatch Arrfve C|ear lotal Dispasition
    156D-RAGAN, RICKEY 0_6/11/2014 10:58 10:58 13:35 02:37 ARRIVED AT LOCATION
    ,103E-FARMER, STAN ° 06/11/2014 11:40 11:41 14:43 03:03 CALL RECEIVED _ 1
    154H-WALLER, DARRELL - 06/11/2014 11:40 1241 13:36 01:56 ARRIVED AT LCCATION
    135C-MURRAY, JAHES 06/11/2014 11:40 1:$§ 13:02 01:22 ARRIVED AT LUCATIQN
    133I-WAFER‘ FRBDIA 06¢11£2014 11348 12:00 1 200 01:12 ARRIVED AT LOCATION
    nveatlgatorAs§lgned ANICompl Ama Subdilerid
    1 5 6D-RAGAN, RICKEY COMPLETED , CID
    ncident/Ot‘fanse Data |ncldent/Offense Tlme 635 "
    36/11/2014 10:58AM
    ncldont/Offonse Address "_~'_ City, State &2ip Code
    2924 W. HWY 22 CORSICANA, TX 75110
    ;’ntry Point Exl Polnt Weapon/Fnree Used Ev|dence Coltected
    lnddont/thense Descriptlon
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    nrrnaaa'r ms prr.r.s msroa ?"-
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    ' prr.r.s, 'ro'rAr. warsaw npaox. 1 c
    vuch oaucs, macon cAarsoPaonor. some w/2 ochoooNa $o.oo ' N
    Prr.r.s ANn 2 marrier PILLs rorar. '
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    {EAR MAKE MODEL COLOR L|CENSE DESCR|FT|ON
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    0 1909, The Solhvm Gmup, llu:
    e.' 777/s report is fumished in compliance with the Texas Open Records Act, article 6252-173 Vemons Annotated Civil Statutes,
    e la w, and published mlings relating to cases under investigation
    -\ 1 ' Case Number
    lucloENT/QFFENSE suPPLEMENT cli_omo
    lnvestigator Asslgned Atthomp| Area Subdilerid
    156D-R.AGAN, RICKEY CQMPLETED CID
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    06/11/2014 10:58AM
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    2924 W. HWY 22 CORSICANA, TX .75110
    `` lncidentlofhnse Descriptim
    CATEGoR¥ CLAss DEschFTlou of lTE!(s) EsrmATEo VALuE NC|C Dlsv
    EVIDENC DRUGS , NARCQTI CLEAR BAGGIE W/ SUS?ECTED . $0 . 00 N '
    METHAMPHETAMINE APPROX 5 . BG, RED
    BAGGIE W/SUSUSPECTED METHAMPHETAMINE
    'APPROX. 1 . -BG, RED BAGGIE W/SUSPECTED
    HETHAMPHETAMINE APPROX 1 . SG
    EVIDENC MISC. RED BAGGIE W/RESIDUAL AMQUNT SUSPECTED $0 . 00 N
    MTHAMPHETAMINE ‘
    EVIDENC MISC. BLACK SAFB W/KEY $0 . 00 N
    EVIDENC MISC. VARIOUS PRESCRIPTION BOTTLES W/PILLS $0 . 00 N
    EVIDENC MISC. ZIPPERED POUCH, NUMERQUS EMPTY BAGGIES $0 . 00 N
    AND BLACK DIGITAL SCALES '
    EVIDENC MISC. GLASS IETHAMPHETAMINE PIPE W/SUS¥E('.'.['ED $0. 00 _ N
    METHAMPHETAMINE ~
    EVIDENC CASH 1750 U.S. CUR.RENCY RELEASED TO D.A. 'S $1,750.00 N
    OFFICE SUBJECT TO ASSET FORFEITURE
    EVIDENC COMPUTER EQUIP SAMSUNG SPH-762 CELL PHONE W/CHARGER $0 . 00 N
    # (903) 851-1250
    $1,750.00
    YEAR MAKE MonEL CoLoR LlcENsE D€schPTon
    CoNNEcnoN NAuE & AoDREss l ' L DEscRFnoNn_gEmlFchrlou
    WITNESS WAFER, FREDIA
    312 W 2ND AVE
    CQRSICANA, ``TX 75110
    SUSPECT A¥COCK, LAUREN ELIZABETH f
    2934 w HwY 22 ' "
    CQRS_ICANA, TX 75110 '
    suspac'r EDRINGTON, aosaa'r ma l 4 1 , '
    2924 W HWY 22 - ' ' . _ "'
    CORSICANA, ’.I.'X 75110
    0 1899, Tho SaMc erp, inc
    'OFFENSE REPORT (755534.1)
    Tase Number: C14-07690 by Officer 156D (RAGAN, RICKEY) 06/11/14
    STATE OF TEXAS - LAUREN AYCOCK AND ROBERT EDRINGTON , ux o$b w
    05 \
    )EFENDANT vIoLATIoN _ \,&u "‘No~\\ ,{\.9“*,;2
    tvcock, Lauren Manufacture / Deliver Controlled Substance vd$‘ a\
    » PG 1 >=4g=49 <2009 / Drug Free Zone (Meth)
    =y¢a w. state Hwy 22 Texas Health and Safety Code 481.134
    Zorsicana, Texas First Degree Felony
    Possession of Controlled Substance
    PG 1 = 49<2009 / DFZ, POCS PG 1
    :lg /DFZ and POCS PG3 <28g /DFZ. ``u
    Nl°°“°``;;\ "W
    )ETAILS:
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    L. On 6/11/14 Serqeant Raqan, Sergeant Darrell walle_r__gnd_£a.ptaln_/]:°\``,\w::/`` *?s;§jh
    Stan Farmer went to 2924 W. State Hwy 22 1n Corsicana, TX tom
    t w1 occupants a e residence. Sergeant Ragan and otherW $dégmg
    NCSO Narcotic Offlcers had received information about subjects at _`` ``ai
    that location possession and selling methamphetamine and N“C`` r
    prescription medications. "q\'
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    then returned to the living room. Sergeant Ragan asked for / Can$¢dmk**€j
    consent to search the residence from both Ms. Aycock and Robert )¢wt{v &uuth,
    Edrington. Both Ms. Aycock and Robert Edrington refused to cqmua ``AQM
    give consent. At that time, Sergeant Ragan left the location BL
    to attempt to obtain a search warrant for the residence. Captain jr}na
    Farmer and Sergeant Waller remained on location while Sergeant W*"*m
    Ragan attempted to obtain a search warrant .-W¥v¢>bi\\j¢¢\d¢``\l¢y\“g €SSW €n“emjj mgm-9
    Sergeant Ragan completed a complaint and affidavit to which
    Justice of the Peace Vicki Gray issued a search warrant for the
    residence at 2924 W. State Hwy 22, Corsicana, TX including all
    outbuildings and Vehicles at the location. Sergeant Ragan
    returned to the location and provided a copy of the search
    warrant to Ms. Aycock and Robert Edrington.
    Officers searched the residence and located numerous items of
    contraband in a bedroom on the southeast corner of the
    residence which was identified as Ms. Aycock and Robert
    Edrington's bedroom. Officers located a shoe box under_the
    bed that contained pieces of straw with burnt ends along with
    "Q-tips" with an unknown substance on them. Sergeant Ragan is
    familiar with straws with burnt ends being commonly used with
    methamphetamine, A small red colored baggie containing a
    residual amount of a crystal like substance suspected to be
    methamphetamine was found in the trash can in the bedroom.
    The baggie was later marked Non~Drug Exhibit #1 (ND-l). Officers
    located a black safe (ND-2) in the bedroom on a foot stool. -
    Officers asked Ms. Aycock where the key to the safe was located
    and she replied that she had lost the key. Sergeant Ragan
    asked about a key on her necklace that she was wearing and she
    showed officers the key. Ms. Aycock told officers the key on the
    necklace was to the storage building in the back yard. Ms.
    Aycock gave the key to officers and the key opened the safe
    location in the bedroom.»'yJM``rM\.\-'¥_
    Officers noticed numerous items of contraband inside the safe
    when it was opened. Sergeant Ragan observed numerous prescription
    bottle with Ms A ck's name on them. Sergeant Ragan later
    identified the pills in each EottIe ana observed that three
    bottles contained pills that did not belong inside the bottle.
    Five round blue pills (D-4) identified as Diazepam, commonly
    known as Valium, were located in an Adderall bottle. Sergeant
    Ragan has knowledge that Diazepam (Valium) is a controlled
    substance. Two round blue colored pills (D-5) identified as
    Oxycodone and two gray colored pills (D-5) identified as
    Morphine were located in a Carisoprodol bottle. Sergeant Ragan
    has knowledge that Oxycodone and Morphine are also both
    controlled substances. One prescription bottle contained
    numerous white ills identified as Hydrocodone as well as a
    single yellow pill also identified as Hydrocodone. Both the
    white pills and the yellow pill were identified as Hydrocodone but
    the yellow pill was not kept in it's correct prescription bottle
    The other bottles contained the correct prescription pills (ND-3)
    Sergeant Ragan located a zippered pouch (ND-4) that contained
    numerous small empty red baggies similar to the baggie located
    in the trash can. Sergeant Ragan knows that such baggies are
    commonly used to package narcotics. A set of black digital
    scales were also inside the zippered pouch. Two small red
    baggies and a clear plastic baggie all containing a crystal
    M``°Y
    like substance suspected to be methamphetamine were located crag;f?mv\+k&
    inside the zippered pouch. The three baggies containing .
    suspected methamphetamine were marked (D-3) . Also inside /olmis mbmij
    the safe was a lastic baggie contai i 0.0 in U pm ‘¢;L¢_gll\ H'?fbf
    urre . er agan has knowledge an previous¢u nm£o¢,wh“{
    ield experience that currency obtained through narcotic Y 3,
    sales are commonly kept with narcotics and packaging
    ogQB¢i»paraphernalia. A clear plastic bag containing\$2.50 in
    w"
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    12.
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    change was also inside the safe. The bag of change was
    left in the safe when placed into evidence.
    A glass methamphetamine pipe (ND-S) containing suspected
    methamphetamine residue was found inside a black tennis shoe
    in the closet of the bedroom. Ms. Aycock advised that the shoe
    and the pipe belonged to Robert Edrington. Sergeant Ragan
    asked Robert Edrington if the pipe located inside the shoe
    belonged to him and he advised that it did not.
    During the search of the bedroom where the narcotics were
    located, officers found identifying information and personal
    property belonging to both Ms; Aycock and Robert Edrington.
    Both Ms. Aycock and Robert Edrington advised that the
    methamphetamine that officers found and the prescription
    pills located in the wrong prescription bottles did not
    belong to them. Both Ms. Aycock and Robert Edrington were
    placed into custody and transported to the NCSO to compete 3 howcolnth
    booking. Bruce Edrington was released at the location without °a“owoq“}s
    charges after determining that he did not reside at the logation~ n*o**b
    Bruce Edrington did not have access o or property in the q7
    bedroom where the narcotics were located, V°"““"
    The suspected methamphetamine (D-5) was later tested and field
    tested positive for methamphetamine. The baggies were weighed
    and the two red baggies of suspected methamphetamine weighed
    approx.- 1.Gg and 1.8g both including packaging. The clear baggie
    of suspected methamphetamine weighed approx. 5.89 including
    packaging. The total amount of suspected methamphetamine was
    approx. Sg. The Oxycodone pills weighed approx. 0.1g and the
    Morphine pills weighed approx. 0.3g. The Diazepam (Valium) pills
    weighed approx. lg;
    Both Ms. Aycock and Robert Edrington were charged with Man/Del
    PG 1>=4g <2009 / DFZ, POCS PG3 <289 / DFZ and POCS PGl VbW/W{j (,JMWD’W\£I``MY!
    Page: 3 of 9
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    4 a//cs Corslcana Pollce Department
    Deta ll
    Print Date/Time:' 04/01/2015 16:58 Corsicana Police Department
    Log|n |D: rdavis 0Rl Number: TX1750100
    Case Number: 2012-00018722
    foen§§_.#_ 1
    Group/OR|: State Cr|me Code: 13A Statuta: PC.22.02 Counts: 1 A¢temptl Comm|t Code: Commit
    (a)(2)
    Descrlpt|on: Agg Assault WlDead|y owense Date: 08/28/2012
    Weapon '
    NCIC Code: 13150005 Scene Code: Residence/Apartmen B|aslMotivation: No Bias
    f
    Cleared/Arrest 09/12/2012
    Offense Status:
    .-':1- \_.- "» ',.'"
    Status Date:
    Aggravated Assau|tl Homic|de Argument
    Clrcumstances #1:
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    Page: 2 of 9
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    Detal|
    Print Datel'l'ime: 04/01/2015 16;58 Corsicana Police Department
    Logln lD: rdavis 0Rl Number: TX1750100
    Case Number: 2012-00018722
    Case Details:
    Case Number: 2012-00018722
    Inc|dent Type: Assau|t
    L l : 1713 BOW|E C|R
    °°°' °" Corsicana TX 75110 oc¢umd From: 08/28/2012 21 zoo
    ' Occured Thru: 08128/2012 21 :16
    Reported Date: 08/28/2012 21 :06 Tuesday
    Repor\lng Officer lD: 1194-DeChaume Status: Closed/C|eared States Date: 09/12/2012
    Dlspos|tlon: Arrest Dispos|tion Date: 09/12/2012
    Assigned Bureau: ClD
    §§§§.A§§Isnme.n!§_; ,
    Assigned Officer Assignmen\ Date/Time Assignment Type Ass|gned By Oft``lcer Due DatelTlme
    1193-Dockery 08I29/2012 08:08 Detective 112 - ovens 0 1 0 08:0
    Mu_s_OmEm§i §_Q|!ahlll!y_£mgca W_Qigbl
    No Force Used Best lnformation, Suspect Known 50.000
    Gun Used/Exhibited
    Toial: 50.000
    Offenses
    No. §rm Edme code §tatute Bescrlpfion Eounts
    1 State 13A PC 22.02(a)(2)
    Page: 1 of 9
    Agg Assault WTDead|y Weapon 1
    H/lc£'
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    Corsicana Police Department
    Detai|
    Prlnt Date/Time: 04/01/2015 16:58 - Corsicana Police Department
    Logln |D: rdavis 0Rl Number: `` TX1750100
    Case Number: 2012-00018722
    A|I§§_LE ZSLB§_A .
    Name: Aycock, Lauren Elizabeth DatelTlme: 09/02/2012 09:35 Type: Warrant/Taken Status: |n Custody
    ' into Custody '
    Address: 2924 W STATE H|GHWAY 22 Race: White Sex: Femate DOB: 07/04/1984
    Corsicana, TX 75110 He|ght: 5f1 5 in Welght: 165.0 lbs. "
    Eyes: Brown Halr: B|onde '
    Phone: (903)851~1250 SSN: DVL#: State: TX
    Locanon; 3200 wm-l AvE “NW (Du/eele (;)SM(:,TD Loe“, WH| L£ A:r SC{-\Dol_,- l M}€f fbf{.zp( i``D
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    Age atArrest: 28 -.~-f~' = 1~.;-.;: »=_».
    w ,: -:~ ClearsCase: Yes
    Arrestlng Officers Bureau School Rasource Off|cer
    1 193-Dockery NO
    No. Group/0Rl Crlme Code Statute Descriptlon
    1 State 13A PC 22.02(a)(2) Agg Assau|t W/Dead|y_Weapon
    Counts: 1 Charge DatelT|ma: 09/12/2012 09:35 Attempthommit: Commi!
    ;.' .:v ,"-"-' §":€'_' '-. l z~:;:
    Dlspos|¢|on: Jai|ed D|spos|tlon Date: 09/12/2012 NC|C Code: 13150005
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    Page: 6 of 9
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    Detai|
    Print Datel'l'ime: 04/01/2015 16:58 Corsicana Police Department
    Logln |D: rdavis 0Rl Number: TX1750100
    Case Number: 2012-00018722 ~
    §_ubl§§.t_£ 1;\Mm.e§.a
    Prlmary: No .
    Name: Edrington, Robert Ky|e Race: White Sex: Ma|e DOB: 12/30/1986
    Address: 2926 W STATE H|GHWAY 22 Helght: 5ft 10 in We|ght: 195.0 lbs. "
    Corsicana TX 75110 Eyes: Green , Halr: Brown Age: 25
    Pr|mary Phone: (903)951-1250 SSN: DVL #: State: TX
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    P<\w,w rs w wm.momnvwa@ . n@+ " WW gm ”``m w
    3'_71¢“‘,_‘1“.“1 5 'WL*"“M’"’“ “5 Ww 7‘ f
    §.uhls_cj_f£ Z;WImm
    Frimary: No '
    Name: Newton, Monica Renee Race: White Sex: Female DOB: 07/04/1982
    Address: 109 N FORDYCE Holght: 511 7 in Weigh\: 112.0 |bs. ``1=.=.>;5»
    Blooming Grove TX Eyes: Blue Halr: Blonde Age: 30
    Pr|mary Phone: (903)467~6426 SSN: 232 DVL #: State: TX
    WP.
    Reg. State: TX
    » 5 ;; ~::'._=v Recovered Address:
    Page: 8 of 9
    afs/cans \ \‘)\:\51§|€/1¢'\/4
    . F' *.~';
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    a//cs Corslcana Police Department
    _
    Detal|
    Prlnt DatelTime: 04/01/2015 16:58 Corsicana Police Department
    Logln |D: rdavis 0Rl Number: ' TX1750100
    Case Number: 2012-00018722
    Date Code Type Make Model Descriptlon Tag No. item No.
    09/13/2012 Evidence Non-lBR Documents Firearm application
    Property BAFT form
    CPS report
    Repair estimate
    Document turning
    over handgun
    Medical records
    all attached to
    arrest report
    09/13/2012 Evidence Non-lBR Audioleual 7 audio recorded
    Property Recordlng Device statements
    1 CAC interview
    attached to arrest
    report
    & a copy placed in
    - ' records drawer 1
    08/28/2012 Destroyed/Damaged Automobiles Honda ACCORD `` '
    Nanda|ized
    Seq # 3
    §§ =z,'»:-_'. ;, z~'=,~\\.t §~iil,l‘;;€;»~:t:
    ELgp_e_gy_§_g_dg_§; Property Type: Documents Property Class: Document/Photo Date Recelved: 09/13/2012
    COP¥
    Evidence Non-lBR UCR Value: $0 to $50 lnltlal Value: $0.00 .:'»f~.~f='_-;; 1 r.-- :.
    Property
    ‘:;z,``lw.'~_.-’ b 1.=-.~.§‘: ',»1'1 v ":'.rr'
    Descrlptlon: Firearm application Oft'lcer Remarks:
    BAFT form /
    CPS report
    Repalr estimate
    Document iuming
    over handgun
    Medlcal records
    all attached to
    arrest report
    Becmcy_lofennatlsm
    ".» Recovered Address:
    A§_$Q.Qlale.d._$.uhl§£l.§
    §haln_ef_¢_uato.d¥
    Date Transactlon From From Role To To Role
    Page: 7 of 9
    al'§l£'i”a
    a//r.-s Corsicana Police Department
    Detail
    Prlnt DateITime: 04/01/2015 16:58 Corsicana ‘Po|ice Department
    Logln lD: rdavis 0Rl Number: TX1750100
    Case Number: 2012-00018722
    Amt_# ZB§E_A
    Name: Aycockl Lauren Elizabeth Datefrlme: 09/02/2012 09:35 Type:®aken Status: |n Custody
    . ' - ' fodv
    Address: 2924 W STATE H|GHWAY 22 Race: White Sex: Female DOB: 07/04/1984
    ' Corsicana, TX 751 10 Helght: 5fi 5 in `` Welght: 165.0 lbs. ‘ " "'
    Eyes: Brown Ha|r: Blonde ;=.; '-
    Phone: (903)851~1250 ssN: ' DvL#: srar'e: Tx
    Locatlon: 3200 W 7TH AVE
    Nrrj is wns.'sleni.
    6\}1\’ Det. Michael Dockery
    _ . Page: 16 of 19
    Contact with Monica Newton
    / ON 08/30/2012, | Detective M. Dockery, made contact with Monica Newton, who advised that she had
    `` spoken with Aycock on the night of the offense. Newton advised that she would provide me with a
    statement of what she new but that i would have to come to her residence at 2212 W. 11"‘. Newton
    advised that she was recovering from Surgery and that she could not come in to meet with me.
    l Detective M. Dockery, along with Detective R. Fhillips went to Newton's residence. Newton advised H M?j .
    that on the night of the altercation, Rebecca Huffman called her and told her what had happened. _/b/"'
    hon 601 Newton stated that she made cont,a``ct with Aycock and asked her what was going on, and told her that o vou'
    ./
    she had heard she was gg|ling guns on peog`` le. Aycock responded to Newton by saying hell yeah l di
    iL
    v\uf&\’l 0 n and if l would have had a bullet l would have shot her head off. Newton stated that the conversation mrd"yb O{~
    4 ‘“'~F im
    \L’) was ve short. The interview between myself and Newton was audio recorded, and a copy has been
    ?‘u? `` - / retained as evidence in this case. y rrb (é_onw§a’h'D/),
    ' `` o l tn,+i°.}-
    st w SW\/"li.‘;z“‘¥d owned of
    gold \N}S````~gét_ Michael Dockery M+;a::_§£ljiy
    imi'? 7 .
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    _ Page: 17 of 19
    contact with Lauren Aycock
    Por_ entire
    . t ‘)w'e"»h§)+ai
    On 09/13/2012, l Detective M. Dockery made contact with Lauren Aycock at Navarro County iai|. Upon HcM_H,``
    ,l contact with Aycock she was advised that she would be having an additional charge of Tamger with /``¢co rd g
    w Government Reggrd added te her current charge she was in custody for. l advised Aycock that l would M~P h>
    be obtaining a search warrant for her reisdnece to obtain the gun that was used in the assault offense. C¢\s¢.
    w 61):;;"“¥\€ A cock a ' need for sear warrant that she would turn the gun over to rn¥
    `` possession since it was evidenge in the case, Aycock advise'd``that she would have her grandmother get
    the gun and get lt to me.
    On 09/13/2012 at approximately 13:00 hours Brenda Daniel Aycocks mother, contacted me to see about
    ’ bringing me the gun. l was not at the office at the-time so when l returned l made contact with Daniel.
    Daniel advised that her mother Verna Crook had possession of the handgun and advised me that l could
    retrieve it from her.
    On 09/13/2012, l made contact with Verna Crook at 521 Lexington and she released the handgun a ``
    Smith & Wesson 357 model 28-2 serial number N1503. The gun also has DPS 24915 engraved in the left
    side of the gun. l wrote a hand written note which Verna Crook signed'indicating that the suspect Lauren
    Aycock told her to release the gun to this detective. The gun was logged as evidence and delivered to D.
    Pie| in the property and evidence room.
    Det. Michael Dockery
    ‘ _ Page: 18 of 19
    contact with suspect Lauren Aycock
    _ ON 08/30/2012, at approximately 17:00 hours, Candace Heisserman, with Child Protective Servlces,
    M'Q(\ conducted an interview with the suspect, Lauren Aycock. The interview was conducted at the police
    ad \b`` department at my office. l Detective M. Dockery sat in on the interview between Aycock and
    W(j@ Heisserman. During the interview Aycock advised that she was at home in bed sick, and that Huffman
    ~DA barged into her residence uninvited. Aycock advised that she was in bed with the door shut, so it is
    §§ W M unclear to this detective how she would have known first hand that Huffman was not invited into the
    l
    u/¢~L"°
    _rEBeQ_ge. Kyle Edrington, Aycock’s boyfriend, had already admitted to calling leff Pittman, who is
    Huffman’s Boyfriend, and inviting them to come visit. Aycock advised that Hgiffman entered her 1_° \ M
    work /"U'e?i?b?n_and laid down on the bed with her, and that she was trying to get zanex pills from Aycock / N"\``l§ how
    Aycock advised that she stated to Huffman that she did not have any and for her to leave her alone.
    2 M A£ock never mentioned anything about asking Huffman to leave, or asking why she was in her"'Ll 6 h‘f wang
    \/\ i
    C\/ resid .Aycock advised that that it was nighttime, after dark, and that the light in the bedroom was
    q off. Aycock said that the bathroom light was or§Aycock said that Huffman got up and walked over to her
    \Su``o dresser and was looking at``a photograph on the dresser. Aycock stated that Huffman removed a Ro|ex
    mg \‘\\i\$‘\ watch from the dresser and placed it into her pocket and then left the room. lT is unclear how Aycock
    w\ b~wj )(b was able to see this since she had stated that the lights in the room were off, it was dark outside, and 4r m
    ;N\d, v°~‘~);\,o Huffr\nan's back would have been facing her. / n\i¢ me°m \*31"\' MU~O[ ``l'L¢ ivch ama l *
    - MCM
    t u>i“ \ oomi~,i,nv¢ai mm umw io s<¢,»»i'-H% omit Dr. och Hv~ “°
    ‘“/‘W§ W\ ~ mw%si~“" ujh i:g,~i\iis.iibs m m win wm irvizc»r w
    M.
    usa m V)»IA_\, Aycock advised that after she noticed the watch was gone that she got up and went into the kitchen U'i f'lv._, auger
    § nw which is where Huffman, Pittman, and Edrington were located. Aycock mentioned something about the
    smu y VA* watch to Huffman, and that Huffman got nervous and e ptied r ockets on the table. At one point
    Aycock said she saw Huffman remove the watch from he ``pocket, and then she stated that she walked w )m¢g$€$, ‘/0.
    N# c ,
    bv\'“\mm over to the table and it was laying there. lt is not clear if Huffman ever had possession of the watch. he ibid l'hmldl{
    fy\‘\'\'\l YN" Aycock stated that she advised her son to go to his room and shut the door, and that she retrieved a gun aW“ 7"1,"‘
    from her bedroom and walked into the kitchen. Aycock denies pointing the gun at anyone, including her v:``om¢bj:;::‘c:s d
    son, and stated that she only showed it to them to let them know that she had one and that no one was mq\/
    M\>r fgoing to steal from her property. Aycock stated that she put the gun up and Huffman and Pittman left md m
    the residence. Aycock admits to going outside and striking the hood of Huffman’s vehicle with her hand, jaw ,'.i»
    ms ‘)'but denies having the gun in her possession when this event happened. When asked if any damage was a$ evl me
    caused to Huffman’s vehicle she responded with l hope so. Aycock admits to having the gun out and in
    her possession, but denies pointing the handgun at anyone, and denies making any threats to harm
    _anyone. The interview that was conducted was audio recorded and a copy of the recording has been
    retained as evidence in this case.
    investigator Heisserman with DFPS asked Lauren if once the interview was concluded if we could go to
    her residence so that she could see the living conditions of the child and make sure there was food iri
    the residence, and that the utilities work. Aycock was hesitant to let Heisserman come to her residence.
    l advised Aycock that due to the allegations that l needed to obtain photos of the weapon, Handgun,
    and advised her that l would obtain a search warrant to do so if necessary. Aycock consented to allow
    me to come to the residence and photograph the handgun, and agreed for Heisserman to come to the
    residence with me. Once the interview was concluded l Detective M. Dockery, along with Heisserman
    Page: 19 of 19
    went to Aycocks residence, 1713 Bowie Dr. Aycock invited us into the residence, and took me to the
    bedroom where the gun was |ocated. Aycock retrieved the handgun from atop the armoire in her
    bedroom which was in a plastic carrying case. Aycock handed me case and all. l opened the case and
    determined that the handgun was a 357 revolver, and it did L_Q_t have any ammunition in the gun or in
    the _case. l took three digital photos of the handgun and all h_aTe been added to this report. l did note
    that the handgun had a stamp on the left side of the frame of DPS 24915. l have learned that this is not
    the serial number of the weapon, but is believed to be a tracking number for DPS so that the handgun
    could be tracked by the agency to show who it was issued to.
    Aycock advised that the gun that she had in her possession belonged to her grandfather who was a
    retired DPS Trooper. Aycock stated that the gun was left for her son for when he was older. The gun was
    in fact determined to be her grandfather's weapon, but | was able to determine that it was not left in
    her possession for her son as she had stated. l spoke with Candace Heisserman who is working this
    investigation jointly with me. Heisserman had spoken with Brenda Daniel, Aycock’s mother, and learned
    - that the gun had been sold to a family friend. Danie| advised Heisserman that her father had expressed
    concern of Lauren having the handgun so she sold it t_o keep Lauren from getting it. The gun was then
    later sold to Jessie Bonner at Jessie's Gun Shop in Corsicana Texas by the person who Danie| had sold
    the gun to. l made contact with Jessie’s gun shop on 09/04/2012, and spoke with him in reference to the
    handgun. iessie confirmed, and provided me with documentation, and records of where he actually sold
    Aycock the gun. Aycock was not truthful as to how she came about having possession of the firearm,
    and this is supported by the transaction records, and the ATF form 4473 that she had to fill out to
    purchase the handgun. Aycock had purchased the handgun through a lay-a-way program, and actually
    took possession of the handgun on 04/25/2012. A k' ama ed her credibility by not bein honest as
    to how she came about possession of the§igdgpn. \i~) m O'W-d’ Hu{€mm'$? 7_ nd"$¥°'| m l ?0"'9~0(¥\'0-{``§
    `` mi mm cwa .';£:kmh:;k“"$ "“m“’ +° 1"~***‘°"``5*"3 $’W“@h* "“+ “'“"
    Aycock was asked by Heisserman if she had ever been treated for any mental illness and Aycock advised
    that she had not. l had knowledge_of Aycock receivi_nglr_eatment from green oaks hospital in the past for
    sucidial intentions. l made contact with ierry Putman, investigator with the Navarro County District
    Attorney's office and requested that he subpoena Aycocks medical records from Green Oaks Hospital.
    On 09/12/2012, l received the medical records, and a copy of the records are attached to the case file as
    evidence.
    Det. Michael Dockery.
    

Document Info

Docket Number: WR-83,289-01

Filed Date: 7/9/2015

Precedential Status: Precedential

Modified Date: 9/29/2016