MIDLOTHIAN, TEXAS POLICE DEPARTMENT APPLICATION AND AFFIDAVIT IN SUPPORT OF EVIDENTIARY SE, RCH WARRANT THE STATE OF TEXAS LOCATION: National Subpoena Compliance Center, AT&T Mobility 11760 US Highway 1, 4" floor Suite 600 North Palm Beach, FL 33408 COUNTY OF ELLIS on eon ea ton en wae 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, 4" floor, Suite 600, North Palm Beach, FL 33408, hereinafter AT&T. Identified cellular phone(s) with hereafter referred as “Target Numbers”. us 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 18", 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, 4° 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. ATA National Subpoena Compliance Center “Target Numbers” MPD # 16MPOLS68S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, chip numbers/direct connects/walkie-talkie/Universal Fleet Mobile Identifier (UFMI) numbers, email addresses (electronic mail), Inteet 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 (IMSIs), Temporary Mobile Subscriber Identity number (TMS!), International Mobile Equipment Identifiers (IMEIs), Mobile Equipment Identifiers (MEIDs), Mobile Station Identifiers (MSIDs), Mobile Identification Numbers (MINs), Mobile Dialed Numbers (MDN), 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 (CDs), [AP (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, IMSIs, 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, IMSIs, ICCIDs, PUKs, IP addresses, and/or MAC addresses. * That all call detail, direct connect, subscriber, numeric messages, alpha-numericitext 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. EVIDENTIARY SEARCH WARRANT. ATAT National Subpoena Compliance Center “Target Numbers” MPD# 16MPO1S685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", 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 RACTS, 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. L Wether AFFIANT Investigator Cody McKjfiney Midlothian Police Department Subscribed and sworn to before me 12k 2 day of tye A. AD., M by said Affiant on this the 22.5 Sat Zed JUDGE BOB CARROLL 40" JUDICIAL DISTRICT COURT ELLIS COUNTY, TEXAS APPLICATION AND AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT EVIDENTIARY SEARCH WARRANT ATAT National Subpoena Compliance Center “Target Numbers” MPD 16MPO15685MIDLOTHIAN POLICE DEPARTMENT EVIDENTIARY RCH WARRANT "ATE OF TEXAS LOCATION: National Subpoena Compliance Center, AT&T Mobility 11760 US Highway 1, 4" floor, Suite 600 North Palm Beach, FL 33408. COUNTY OF ELLIS § § § § § § The State of Texas to the Sheriff or any Peace Officer of Elis 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, Easter 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 | 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”: "AGE 1 OF 3 EVIDENTIARY SEARCH WARRANT AT&T National Subpoena Compliance Center “Target Numbers” MPD# 16MPOLS6851. The following is ordered to be provided, if available, for the time period of 03/01/2016 to present day 04/24/2016; 2. Cell sites activations, including any available ranging data [distance from tower, range to tower (RTT)], sector and approximate distance, and all registration information, including signal strengths, logs, etc. (if obtainable). 3. All outgoing and incoming communications/calll 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 (Intemet Protoco))] 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 from the time period of 03/01/2016 to present day 04/24/2016. 4. All subscriber information, including any avaitable telephone numbers and/or unique account, equipment, and/or network addressing, these may include the Electronic Serial Number (ESNs), International Mobile Subscriber Identifier (IMSIs), Temporary Mobile Subscriber Identity number (TMS), International Mobile Equipment Identifiers (IMEls), Mobile Equipment Identifiers (MEIDs), Mobile Station Identifiers (MIDs), Mobile Identification Numbers (MINs), Mobile Dialed Numbers (MDN), Integrated Circuit Card IDs (ICCIDs), Personal Unlocking/Unblocking Codes (PUKs), PINs (personal identification numbers), and/or Media Access Control (MAC) address(es), and all biling/payment information and accounts notes, for the specified cellular/wireless telephones. 5. 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. 6. Should the cellularAvireless number/equipment which is the current target of this Order have changed, during the requested period, including the MINs/MSIDs, MDNs, ESNs, MEIDs, IMEls, IMSIs, 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, IMSIs, ICCIDs, PUKs, IP addresses, and/or MAC addresses. PAGE2OF3 EVIDENTIARY SEARCH WARRANT ATT National Subpoena Compliance Center “Target Numbers” MPD# 16MPOIS68S,7. That all call detail, direct connect, subscriber, numeric messages, alpha-numericitext 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 YS Va onthe thee ee day of Api ,20_ LL to certify which witness my hand this day, (ond JUDGE BOB CARROLL 40™ JUDICIAL DISTRICT COURT ELLIS COUNTY, TEXAS PAGE3OF3 EVIDENTIARY SEARCH WARRANT ATAT National Subpoena Compliance Center “Target Numbers” MPD# 16MPO1S685,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: | am a Sergeant with the Midlothian, Texas Police Department. | have been employed by said department for a period of approximately eleven (11) years. | have served in investigative capacities within the Midlothian Police Department for approximately nine (9) years. | have received special deputation as a Deputy United States Marshall, and swom as a Federal Task Force Officer (TFO) assigned to the North Texas High Intensity Drug Trafficking Area (HIDTA), Southern Money Laundering Initiative. 1 am currently assigned as a Task Force Officer (TFO) with the Drug Enforcement Administration (DEA) Easter Drug Squad Group One. | 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 electronicidigital 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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, | 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 The recitation of facts contained in this Affidavit is not meant to be a complete narrative of all information that is known to Your Affiant, but only a summary of facts, to necessitate the establishment of sufficient probable cause, in support of this affidavit, for the issuance of 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 (Iphones and an Ipad). 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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; (i) 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. aL AFFIANT Midlothian, Texas Police Department Subscribed and sworn to before me by said Affiant at_lAS YM on this the_ «2S day of, Fipae. c » AD., 20, Lf. 40" JUDICIAL DISTRICT COURT ELLIS COUNTY, TEXAS PAGE 3 OF 3 CONTINUATION OF AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT 1150 N. US Highway 67, Suite 300, Midlothian, Elis County, Texas 76065 Midlothian Police Department