IN THE CIRCUIT COURT OF BENTON COUNTY ARKANSAS. AFFIDAVIT OF PROBABLE CAUSE TO OBTAIN A WARRANT STATE OF ARKANSAS VS. STACY DIGBY WIM 6/8/1973 DEFENDANT FACTS CONSTITUTING PROBABLE CAUSE Comes now Detective Dana A. Winn of the Benton County Sheriff's Office, and under oath doth state: That on January 8", 2018, I (Det. D. Winn BC215) was notified of a possible inappropriate relationship between an adult male, Stacy Digby (w/m 6-8-1973), and a female juvenile, who will be referred as, S.M. (17yrs). I had been informed by Chief Webb of the Highfill Police Department that a few members of the community, and those of the local church, have come forward and were concerned about the interactions between Stacy and $.M. One individual in particular, Pam Harwell, had said that they saw S.M. sitting on Stacy’s lap at the local bowling alley. This information was also verified by the bowling alley manager, Kelly Deen. Chief Webb had stated that there have been concerns going for some time in his city from residents that there might be more going on between Stacy and .M., based on the context, more meaning a sexually intimate relationship. One of the Highfill Police Officers (Officer Page 1 of 30Malone) had mentioned to Chief Webb that he retumed to City Hall at approximately 1:00 am on an unknown date and saw Stacy and $.M. in the Mayor's office. Chief Webb had been approached by Pam Harwell about the information on Sunday, January 7". Sgt. J. Johnson completed an initial report in reference to this incident. It had been decided by Chief Webb to have an outside agency conduct the investigation due to the fact Stacy was also the Mayor of Highfill, Arkansas. Sgt. Johnson conducted a follow up interview with Pam at her residence. Sgt. Johnson completed and submitted an initial report into the Benton County Sheriff's Office reporting system. Detective Dana Winn Investigation: Based on the preliminary investigation conducted by Sgt. Johnson, it was determined that a Child Advocacy Center (CAC) interview needed to be conducted with S.M. Detective K. Guyll and I went to Siloam Springs High School on January 9", 2018 to meet with S.M. and transport her to the CAC for a Child First trained interviewer to conduct the interview. Det. Guyll and I met with Cpl. J. Bland of the Siloam Springs Police Department upon our arrival at the high school. He introduced us to S.M. At the time we met S.M., she was wearing an oversized jacket with the Simmons company name on it. It should be noted that Stacy was employed by Simmons at the Decatur, Arkansas location. At the time we met with S.M., she was in possession of a black LG touchscreen phone. When asked about the phone, S.M. said it belonged to her friend L.A. S.M. was asked how long she had the phone and she said she had only had it for a few minutes and used it to. Page 2 of 30text her grandmother on it. I asked Cpl. Bland to locate L.A. and return the phone to her. Det. Guyll and I escorted $.M. outside to get into my vehicle to drive to CAC. Prior to getting into the vehicle, Cpl. Bland approached me and said that there was no L.A. that attended the school. I then took possession of the phone for it to be transported in safekeeping pending locating the owner of the phone. While receiving the phone from Cpl. Bland, I was on the phone with S.M.’s grandfather, B.M. B.M. was informed of the investigation and was cooperative. He understood S.M. was going to be taken to the CAC for an interview in reference to some concerning allegations. I asked B.M. about S.M. having a phone and he said she had one but did not know where it was. B.M. said $.M. hides the phone from them and that it is paid for by Stacy. Det. Guyll and I transported .M., via my issued county unit, to the CAC. While enroute to the CAC, I asked S.M. about her having a phone and she said that her grandparents took it away because she was grounded. I asked 8.M. if she knew where the phone was and she said she did not. S.M. said she was not allowed to have one. I said that L.A. did not go to school there and she corrected herself and said the phone belonged to L.R. We then discussed things that were not pertinent to the investigation while driving to the CAC. Once we arrived at the CAC, we met with Erin Kraner. Kraner is a trained Child First Forensic interviewer. During her discussion with S.M., Kraner spoke with S.M. about things that were unrelated to the possible activity. After speaking with her about those things, Kraner then discussed spending time with Stacy. S.M. said that she would hang out with Stacy, his Page 3 of 30,kids and Stacy’s girlfriend Mandy. S.M. said Mandy was a nail tech at the cosmetology school that $.M. was attending. S.M. said Mandy was in the adult training program and S.M. was in the kid program. S.M. also said that Mandy had kids as well. Kraner also asked $.M. about any phones, computers or tablets §.M. had. S.M. said she had a computer but it was messed up and did not work. S.M. also talked about a phone she had but it got taken away by the grandparents, S.M. said she got in trouble for asking her ‘boyfriend’ to come over to the house without the grandparents permission. S.M. said she had a Samsung Galaxy S4 or Note 4. S.M. described the phone as black with a white and black striped case. Kraner asked S.M. if she had a phone since it got taken away and S.M. said no. S.M. did say she had a computer but broke it. S.M. also said that there was a tablet that her and her two sisters share. Kraner asked S.M. what she would do with her phone and S.M. said she would do Facebook on it. S.M. did say during her CAC interview that her Grandmother, J.M., had the username and passwords for all their accounts. S.M. also said that her and her sisters were not allowed to have Instagram and other social media sites. Kraner went on to discuss relationships that S.M. had with people. S.M. did say she was in a relationship with a boy named T.W. T.W. was later named as T.W. After Kraner had conducted her interview, I determined that I should ask §.M. questions and explain to her the allegations. I explained to S.M. that there were concems about a relationship with Stacy. I told S.M. there had been concerns about things that happened at the bowling alley and the house. I asked .M. if she knew anything about that and she said not really. Lasked S.M. if she knew about sitting on Stacy’s lap at the bowling alley. She said ‘ya’ but there was not room to sit anywhere. I also asked S.M. Page 4 of 30about being at Stacy’s office at | in the morning and an officer seeing them. S.M. responded to that question by talking about doing work at the church. I again asked S.M. about being at the office at 1 in the morning and S.M. said that he would stop by to sign checks. I explained how confusing it was that Stacy had a girlfriend and kids but would stop by the office to sign checks at lam with her. S.M. said she could see why I was concerned. I then went into talking about the phone and explained to S.M. that supposedly Stacy gave her a phone and S.M. said he did. I asked her about the phone she had again and she said she borrowed it from a friend during lunch. I also asked her about the charging cord and headphones she had in her backpack. S.M. said the headphones were for a computer class and she just had the charging cable from her friend since it was almost dead. These items were in plain view when she opened her backpack to retrieve an item while I was standing right there. I asked S.M. how long she had known Stacy and she said six years, S.M. said that they really started hanging out about 4 years ago. I asked $.M. about staying the night there and she confirmed she did, but only as long as his kids were there. $.M. said when she did stay there, Stacy was there, his kids, his girlfriend Mandy and her sister 8.S.M. S.M. and I went on to discuss the friendship between her and Stacy. S.M, said that she felt like it was her fault because she did not mean for him to look bad. $.M. said that he had a reputation being the Mayor and she never meant for anything to look bad. S.M. did admit to sitting on his lap but did not mean for it to look bad. I asked S.M. what about Stacy kissing her and she said maybe on the head once or twice. S.M. also said Stacy Page 5 of 30would give her ‘side hugs’ or ‘fist pounds’. $.M. said that Stacy would show up to her bowling meets when her grandmother could not make it. S.M. also said that Stacy would give her quick shoulder massages when he walked up behind her. I continued to ask $.M. questions about her relationship with Stacy and she was adamant that nothing had ever happened. She denied any touching inappropriately or any physical attraction between the both of them. S.M.’s grandparents arrived at the CAC and S.M. was released to her grandparents. Prior to their arrival, I had spoken with them about the possible involvement of a computer, tablet or phone being used in communication between Stacy and S.M. When they arrived, they had brought a Toshiba laptop with them and an RCA tablet. Jamie said the tablet was used by all three sisters and the laptop was S.M.s, but it was broken. B.M. and JM. gave me possession of both items. Those items were transported to the Benton County Sheriff’s Office for safekeeping at this time. While B.M. and J.M. were at the CAC, we scheduled interviews to be conducted with the other two sisters, S.S.M. (13yrs) and D.M. (15yrs). The interviews were scheduled to occur the following day on January 10%, 2018 at 10:00am at the CAC. On January 10", 2018, Det. Guyll and I met with the interviewers at the CAC along with Jamie and S.M.’s sisters, S.S.M and D.M. These interviews were conducted in interview room 2 by Melanie and observed by Det. Guyll and myself from the observation room. During the interview Page 6 of 30,with S.S.M., S.S.M. disclosed that there were several times that Stacy and S.M. would be together. This was not only with other people present but would also do it in private. S.S.M. said that there were times when S.S.M. and S.M. were at Stacy’s house, both S.M. and Stacy would ask S.S.M. to leave the room. S.S.M. also mentioned cell phones that Stacy had given S.M. S.S.M. said the phone S.M. currently had was an LG phone through T-Mobile. It should be noted that the phone S.M. had in her possession at the high school when she was picked up was an LG, T-Mobile phone. S.S.M. went on to say that Stacy would come over to their house all the time and go up to S.M.’s room. §.S.M. did say that S.M. did not have a door on her room. S.S.M. said that there were times when Stacy would come over and both Stacy and S.M. would be yelling at each other. She felt that this was unusual. $.S.M. said that Stacy would text her numerous times asking where S.M. was. S.S.M. said these messages would come from Stacy about every 4 hours or so. After Melanie completed her interview, I went into the interview room to speak with S.S.M. S.S.M. said their, Stacy and $.M.’s relationship, started about 4 years ago. S.S.M. was asked when they possibly started a relationship with each other and $.$.M. said about a year ago. S.S.M. said that S.M. used $.S.M.’s computer. This computer was purchased by her grandmother, Jamie. I asked $.S.M. if she remembers any messages on her computer that were from Stacy. S.S.M said that she saw a message that said ‘Ok baby”. S.S.M. said that this message she saw was through Facebook Messenger. S.S.M. was asked about the phones S.M. had that she had gotten from Stacy. Page 7 of 30S.S.M. described a black LG phone that has a stylus on the top of it. This phone also had a ‘pop-socket’ attached to it that was white and marble colored. The phone I had in my possession from picking S.M. up from the high school matched this description exactly. S.$.M. was also asked about the times Stacy would come over to the house and S.S.M. said that Stacy would come over really late. $.S.M. said Stacy would come over at times between the hours of 9pm and I 1pm. Tasked $.S.M. if there was any time she knew of any photos that Stacy or S.M, had sent to each other. S.S.M. said that Stacy did send S.M. a ‘dick pic’. This is referring to a photo of male genitalia. S.S.M. said that she did see a picture of Stacy’s penis on S.M.’s phone. S.S.M. said she was standing behind S.M. when S.M.’s phone went off. S.S.M. said she looked and saw the picture. 8.S.M. said she knew this was Stacy because the pubic hair was red which the color of Stacy’s head hair was. §.S.M. said the picture showed up on S.M.’s phone and then S.M. covered her phone quickly after looking at it. S.S.M. said she never told her grandparents about it because she was afraid they would freak out, .3.M. also remembered one incident at a football game the previous year where Stacy had been in the truck with S.M. and when he got out of the truck he said, ‘I love you’. $.S.M. did admit that she and S.M. did talk about this situation last night. §.M. had told S.S.M. to not say anything. On January 10", 2018, a search warrant was executed at the residence of Stacy Digby at 11855 Linwood Street, Gentry, Arkansas. During a search of the residence, several items were located in the residence with S.M.’s name on them. Also located was a brown LG phone box. The box was Page 8 of 30located in the closet of the master bedroom. This box was for an LG Stylo 3 plus phone bearing IMEI #357016-08-282484-3. Photographs were taken of this box and it was seized at that time as evidence. The box, along with several other items, were transported back to the Benton County Sheriff's Office to be processed. Upon further investigation into the phone S.M. had in her possession and the phone box located at the residence, it was determined that the box that was located was the box for the phone located on S.M.’s person. The IMEI number located on the phone and the IMEI number located on the box located in the closet of the master bedroom of Stacy Digby’s residence were an exact match. At this time, it was determined that the phone we had received from S.M. might be the phone that she received a picture of adult male genitalia on. Other items were located as well that could possibly contain items pertinent to the investigation in relation to the connection and communication of Stacy Digby and S.M. These items include Memory cards, Cameras with memory cards, a Samsung Galaxy cell phone, an Apple IPod, and Memory Sticks. During the execution of the search warrant, pictures were located of the female juvenile, S.M., in the master bedroom of the residence belonging to Stacy Digby. Clothes possibly belonging to S.M. were found in the master bedroom as well. A dress was located in the master bedroom closet that was last seen by detectives in a Facebook photo of S.M. on her Facebook page as her main profile photo. This same photo was also displayed in a frame on a shelf in the master bedroom of Stacy Digby. Medication belonging to S.M. was also found in the bathroom located at the residence. A Bluebird card notice of delivery paper was located in the kitchen area of the residence. This paper is the type that the Page 9 of 30card is initially on when it is delivered via the U.S. Postal Service to the new owner of the card. This notice had S.M.’s name on it with the address of 11855 Linwood Street, Gentry, Arkansas. It was found that the tower (CPU) belonging to the computer in the living room area was missing. The monitor was still there along with cables that would attach the CPU to the internet and peripheral devices. Stacy Digby was also not present at the time of the search warrant execution. This would include the information that he possibly had his working cell phone on his person wherever he was located. A copy of the search warrant and evidence sheet were left at the residence on the kitchen counter for Stacy Digby. received a phone message later that evening from CENCOM. The message stated that Stacy Digby wanted to speak with me, I made contact with Stacy his phone number. Stacy answered the phone and I identified myself. Stacy asked me why it looked like his house had been burglarized and things were broken, It should be noted that no items were broke during the execution of the search warrant. Photos were also taken of the residence. There was no forced entry into the residence during the execution of the search warrant due to the front door being unlocked. I explained to Stacy that I would not discuss the investigation over the phone. I asked if he would be willing to come to the Sheriff's Office and I would discuss it there. Stacy asked if he was under arrest and I replied no. Stacy then asked if he should bring an attorney. I told Stacy that I could not advise him on whether he should bring an attorney or not. I told him that Page 10 of 30was his decision to make. The phone call ended with Stacy agreeing to meet at the Sheriff's Office the following day at 9:00am. Stacy did not show the following day, nor did he call to cancel. On January 23", 2018, I had received information that a city council member for Highfill (Roger Hill) had witnessed Stacy Digby going into the milk barn located at his parent’s residence. This residence is located at 11176 Digby Lane, Gentry, Arkansas. The witness said that he witnessed Stacy Digby go into this milk barn the same night a search warrant was being executed at his residence. When the warrant was executed at Stacy Digby’s house, the computer was missing along with other possible peripheral devices that could be used in conjunction with a computer. Stacy Digby was not present at the residence during the execution of the search warrant. On January 24%, 2018, Det. K. Guyll and I went to 11176 Digby Lane in Gentry, Arkansas to speak with the parents of Stacy Digby. The parents, Charles and Karen were home when we knocked on the door. Charles invited us into the residence and we introduced ourselves. During this encounter with Charles and Karen, I had activated my digital recorder that was provided to me by the Benton County Sheriff's Office. I explained why we were there at their residence. I told Charles and Karen that there was some concern that Stacy may have hid items of evidence in the milk bam they own. [also told Charles and Karen that we were looking for a computer or anything computer related that Stacy may have placed in the milk bam. I asked Charles and Karen if we could look in the shed. I also advised them, recorded via audio, that they did not have to allow us into the Page 11 of 30shed. Charles agreed to take us to the shed and put on his blue jacket. During this conversation, Stacy’s mother, Karen, stated that Stacy was involved in the church as a worship leader. She said that he was pretty much the second person in charge beside the actual pastor himself. Det. Guyll and I followed Charles to the milk barn. Charles opened. the door to the shed by unlocking the padlock. I stood at the entry of the shed and looked around. There were several old items in there that appeared to have been sitting there for quite some time. Large amounts of dust had gathered on most of the items in there. There was also items used in decorating for Christmas located in there. I asked Charles if I could step inside and he said yes. I stepped into the shed and noticed a green box laying on top of a wooden fixture in plain view. This box appeared to be new and had no dust collected on it. I grabbed the box and opened one edge. Inside the box was the actual 500GB external hard drive that was shown on the box cover. I explained to Charles that I was interested in the hard drive. Charles at first did not even understand what a hard drive was. I had to explain to Charles that the external hard drive could contain up to 26GB of photos and over 16,000 documents. After explaining the purpose of a hard drive and its’ use to store items, Charles said “what if I told you that you can’t take it’. I told Charles he had every right to do that. Charles then said, ‘let’s just leave it right there’. I placed the box back down and exited the shed. Charles immediately locked the shed with the padlock. At this time, it was possible that the hard drive was placed there recently and also possibly by Stacy Digby. Dep. C. Lampkin was called after approval from Sgt. J. Sheppard to secure the shed for a search warrant. Page 12 of 30Det. Guyll and I retumed to the Benton County Sheriff's Office and I typed the required affidavit for the warrant. Det. Guyll and Det. Connor responded back out to the milk barn to maintain the secure nature of the milk barn for the search warrant. I wrote the affidavit for the search warrant in reference to the milk ban and the Honorable Judge Brad Karren signed the search warrant. I responded back out to 11176 Digby Lane and went to the front door of the residence. I knocked on the door and Charles answered. Charles said, ‘I guess you have a warrant’. I replied to Charles that I did and gave him his copy to maintain for his records. Both Charles and I went to the milk barn and met with Det. Guyll and Det. Connor. Charles unlocked the padlock for us so that we could gain entry without destroying the entry way. We searched the entire milk barn and retrieved the external hard drive that we had seen prior. This item was collected as evidence and given item number DAW22. An evidence recovery log was completed after obtaining this hard drive. No other items were located. I drove back over to the residence, after securing the bam by locking the padlock, and made contact with Charles again. I gave Charles his copy of the evidence recovery log to maintain for his records. Det. Guyll, Det. Connor and I then left the scene. A separate search warrant was typed in reference to retrieving any files or data on this external hard drive. Honorable Judge Brad Karren signed this search warrant as well. Detectives with the Cyber Crimes Division for Benton County Sheriff's Office were given the hard drive. ‘These detectives are trained and equipped to process electronic/digital evidence. Det. Olin Rankin processed the external hard drive to be viewed Page 13 of 30for any items that may be evidence associated with this case or any other inappropriate material that has been stored. The execution of the search warrant provided no items of evidentiary value to the case. On January 29", 2018, I interviewed an Amy Trammell (w/f 8-6-76) at the Benton County Sheriff's Office (BCSO) Criminal Investigations Division (CID) interview room one. Trammell had arrived at the front lobby of the Sheriff's Office in reference to providing a statement involving knowledge she had about the case that was being investigated on Stacy Digby. Trammel voluntarily came to the Sheriff's Office to provide the information she knew. I escorted Trammel to interview room I and began recording the interview utilizing the L3 system that records both audio and video of the room. I started the conversation by telling Trammell how much I appreciated her coming in to talk and she said it was not really something you could sit around with in your mind and not say something. I explained to Trammell that her daughter, Josie Graves, had been into the Sheriff's Office and said Digby had gotten ahold of Trammell and spilled everything to her and Trammell said yes. I asked when that happened and she stated Thursday, the 18" (This would provide the date of 1-18-2018). I asked if this was in person or on the phone. Trammell said she texted him asking if there was anything new. She said Digby called after the message she sent and was crying. Trammell said she told Digby if he needed anyone to talk to she was available, Trammell said Digby showed up about 5 minutes later to her house at approximately 2:30pm. Trammell said Digby came in and started Page 14 of 30talking about the search of his house for stuff to include computers and how we had gone back for his phone. Trammell stated she asked Digby if they, meaning law enforcement, were going to find anything. Trammell said Digby got quiet and Trammell asked Digby again, ‘What are they going to find on that?’. Trammell asked Digby if he had pictures and Digby said yes, she, S.M., has been sending pictures for years. Digby then told Trammell he has been getting pictures since she, S.M., was at least 12 or 13 years old. Trammell then asked if he Digby) reciprocated and Digby told Trammell yes he had. Trammell said Digby then proceeded to tell her that S.M. was 12 or 13 when S.M. and he first had sex. Digby told Trammell this had been going on for years. Digby said to Trammell he did it because she, meaning S.M., wanted to. Digby then told Trammell she, $.M., had boobs and she wanted it. Trammell went on to tell me Digby was talking about how S.M. was self-harming and when she was with him she didn’t do that stuff. Digby went on to tell Trammell there was a bowling meet S.M. was at in Fort Smith and he had driven down there to rent a hotel room. The bowling team thought he was her uncle and she was staying with him. Digby said he had to rent another hotel room because the first hotel room they went to had a State Police Convention at it. Digby said they got scared and went to another hotel and got a room. I asked when that occurred and Trammell thought it was last year, meaning 2017. Trammell said she knew last year, S.M. had told Digby she was pregnant. Trammell said $.M. miscarried but Digby had confirmed she was pregnant. At this time, Digby said he would be her boyfriend so that it would keep her from sleeping around. Digby said Page 15 of 30that is when things started to get bad because he was getting jealous of the other boys at school. Trammell then said she told Digby that he needed to get his affairs in order. Digby did say that if everything had been kept quiet till she tumed 18, S.M. was going to move in with him and they were going to get married. Trammell went on to discuss how wrong it was and I replied, ‘ya, cause he is the youth pastor at the church’ and Trammell shook her head yes. Tasked Trammell if Digby mentioned anything about us finding something out. Trammell said according to Digby, everything was on Facebook. Trammell said Digby had given S.M. a phone she used for messenger and all the pictures went through Messenger. Trammell also said there was stuff through SnapChat according to Digby. Trammell said Digby told her that he deleted stuff but there was stuff of S.M. since she was 12 or 13 up until a few days before. It is unsure what a few days before was referring to. I asked Trammell if Digby gave any specifics on what they did and Trammell said Digby talked about the first time. Digby told Trammell that he told S.M. that the first time should be special. Digby said that S.M. was begging him to have sex with her. I asked Trammell if she would be willing to provide a detailed written statement in reference to what we just discussed. Trammell agreed and completed a written statement utilizing Benton County Voluntary Witness statement forms. These forms have been added to the case file. I left the interview room while Trammell was completing the forms. After Trammell was done completing her written statement, I went back into the interview room to speak with her again. I reviewed her written Page 16 of 30statement. I asked Trammell if Digby was intoxicated or anything when he showed up at her house and she said no. Trammell said he was in his Simmons truck and he doesn’t drink or anything. I asked if there was anyone else present when he came to the house and Trammell said no. Trammell said that Digby did ask when he showed up if they were alone. ‘Trammell went on to say she passed Digby on the road, unknown day, and Digby called her on her phone. Digby had asked Trammell if they were still good. Trammell said she told him ‘ya’ and left it at that. Other than the phone call, Trammell had received photos from Digby on the bed he was building at his residence and he had said in the texts that at least he had done something right. Trammell went on to say when she first heard about Digby being investigated, she thought there was no way it was true. Trammell said she just did not understand the mindset of ‘she had boobs’. I asked Trammell how Digby acted when he got to her house and she said he was upset to begin with and had a red face. Trammell said as he, Digby, kept talking, he became more confident in himself. Trammell did discuss how she knew Digby. Trammell has known Digby since she was little. Digby went to school with Trammell’s brother. She got involved with Digby after going to a class reunion seven years ago and they did date a little bit. They did go their separate ways but stayed friends. 1 asked if they broke up on bad terms and Trammell said no, they just went their separate ways. On February 16", 2018, Det. K. Guyll interviewed an ex-boyfriend of Page 17 of 30SM named T.W. T.W. began by explaining how he and SM’s relationship started, saying that it began in late September of 2017 after SM told him she had a miscarriage. T.W. couldn’t remember who the father was. T.W. stated as he comforted SM about the miscarriage it developed into a dating relationship. At the time, T.W. and SM both attended Siloam Springs High School. T.W. stated their relationship only lasted approximately two months, saying he broke up with SM after she claimed to be pregnant with triplets and becoming suspicious of her and Stacy Digby’s relationship. Search warrants had been obtained on both the Facebook accounts of Stacy Digby and S.M. to include Facebook Messenger. A SnapChat search warrant was also obtained on both the accounts of Stacy Digby and S.M.. A third search warrant was obtained on the Google email account for Stacy Digby. These warrants were signed by the Honorable Judge Brad Karren. The results of these warrants was received and reviewed. During the review, there were no items on evidentiary value that were obtained. On March 9", 2018, I conducted a second interview with J.M. and S.M.M. J.M. and S.M.M. came into the Benton County Sheriff's Office (BCSO) voluntarily to speak with me again about the investigation involving S.M. S.M. is the granddaughter of J.M. and the sister of S.M.M. J.M. was escorted to interview room two located in the Criminal Investigations Division (CID) of BCSO. Both Det. K Guyll and I then spoke with J.M. Both interviews with J.M. and S.M.M. were recorded by audio and video via the L3 system that is located in CID at the BCSO. Page 18 of 30I explained to J.M. how the process of the investigation was going. I explained to J.M. that we had done numerous search warrants in reference to the investigation and we had some questions for her and her other granddaughter, S.M.M. JM. and I began to talk about $.M. and Stacy Digby. J.M. explained that sometime late in December, one of her friends was at a restaurant when S.M. showed up with her friends to eat. This friend of J.M.’s also noticed that Stacy was there as well. The friend, unknown name, told Jamie when S.M. saw Stacy, she ran up to him and jumped in his lap and gave him a hug. This incident possibly occurred sometime in December 2017. J.M. said when she heard this that is the point when she started to get concerned about SM and Stacy’s relationship. I asked J.M. if Stacy was still coming around the house and she stated no. J.M. said that Stacy has gotten ahold of her a couple times asking how things are going and J.M. says she just says ok and puts him off to not cause any trouble. I asked J.M. if anyone else has come forward since this investigation started about any conduct involving Stacy. J.M. said that she has talked to a couple kids who said that Stacy ‘freaks them out’. Further in the interview, J.M. discussed how S.M. has another phone and is still talking to Stacy. J.M. said that S.M. is hiding this phone from her. J.M. did bring in seven more phones during this interview to be forensically looked at. J.M. signed a Consent to Search form provided by BCSO to look into the electronic devices. These are phones that J.M. found in the house and had retrieved from her granddaughters. These phones had been purchased through the grandparents for the girls to use. These phones Page 19 of 30were all being used by the three granddaughters, S.M. had snuck these phones away from J.M. and gave them to her sisters and told them to hide them because she had used them. I concluded the interview with J.M. and then asked $.M.M. to step into interview room two with J.M.’s permission. During the interview, S.M.M. said that S.M. and Stacy had been in a relationship for about 3 or 4 years, S.M.M. said she knew they were by the way they acted, She said that $.M. would sit in Stacy’s lap and there were times she heard them making out. $.M.M. said that Stacy’s son, J.D., had found an open condom under Stacy’s pillow after Stacy and SM had been in the room alone together. S.M.M. was asked if she ever heard or saw SM and Stacy have sex and she said no. S.M.M. said she did hear SM and Stacy call each other ‘babe’. I asked $.M.M. if Stacy and SM shared any pictures with each other that were of a nude type. S.M.M. confirmed that they did. S.M.M. said that about two years ago, Stacy started giving SM money. S.M.M. also said that Stacy would say he is taking S.M. somewhere but they never went there. I asked what she meant by this and $.M.M. said that she could see on her phone that they were not where they said they were. S.MLM. said that she could see on her phone that 8.M. was at Stacy’s house. S.M.M. also said $.M. would receive messages from Stacy that said ‘babe’ in them and also ‘I love you’. $.M.M. said she knew they were from Stacy because his name popped up with them, S.M.M. stated there were pictures sent back and forth between Stacy and $.M. which were nudes of each other. S.M.M. said she saw pictures of Stacy’s ‘private area’. $.M.M. would confront Stacy in person about why she got those photos and Stacy would react crazy and apologize. $.M.M. said this happened about 3 or 4 times. Page 20 of 30S.M.M. went on to say that Stacy and $.M. were still talking with each other since the investigation started. S.M.M. didn’t see any recent stuff pretty good, S.M.M. said she could hear S.M. and Stacy talking at night, sometimes at 2 in the morning over the phone. I asked S.M.M. if either Stacy or S.M. had told her to keep her mouth shut about it. $.M.M. said they both had told her to keep her mouth shut and not tell anything. $.M.M. said they would stay the night at Stacy’s house and S.M. would sleep in the bed with Stacy, meaning just the two of them, while S.M.M. slept in the front room. S.M.M. said one time, Stacy sent her a message through Facebook messenger. This message from Stacy messages because S.M. was hi said to not say anything when you talk to ‘them’. S.MM. stated that S.M. had purchased another phone. S.M.M. said S.M. purchased this phone with money she had earned from tips at cosmetology school. S.M.M. said S.M. was using it for talking to Stacy on and also had a Facebook account and another Snapchat account on this new phone. I asked S.M.M. if S.M. and Stacy were still sharing pictures and she said no, At this time, I had no further questions for either J.M. or S.M.M. The recording was stopped and I escorted them to the front lobby and thanked them for their time. On March 19", 2018, I had a scheduled interview with both Jamie Middleton and S.M. at 9am on this date. Both J.M. and S.M. artived at the Benton County Sheriff's Office (BCSO) at 9am voluntarily. I escorted both Jamie and SM to the Criminal Investigations Division (CID) interview room 1, The recording for this room was started via the L3 system that is assigned Page 21 of 30to this room. The L3 system records both audio and video of the interviews conducted. I began the conversation while they were both in the room. I explained to S.M., while J.M. was present, what had been conducted so far in the investigation. I also explained to S.M. what we had already discovered during the investigation. While discussing this with S.M., she denied that there was any inappropriate relationship. I also explained to S.M. that there were nude photos that were found on some of the electronic devices that had been brought in to be looked at. S.M. continued to deny any relationship with Stacy Digby. I explained to S.M. that I believed that she was lying about the relationship based on the evidence we had already uncovered. It was apparent during our conversation that S.M. was extremely defensive and was giving every indication that she was being deceitful. At times S.M. would raise her voice and begin to yell at me. A few minutes into the conversation, it was apparent that S.M. did not want to talk with me. It was determined that Lt. D. Undiano would come into the interview room to speak with S.M. while I stepped out. Lt. Undiano spoke with S.M. and J.M. During their conversation, Lt. Undiano spoke with S.M. and Jamie about his involvement thus far in the investigation. It should be noted that during their conversation, S.M. said that Stacy was not the Youth Pastor but a“Lay Leader’. J.M. then spoke up and said, “Yes, A lay leader, the second in charge of the church’. Please see the supplemental narrative typed by Lt. Undiano. After speaking with S.M., Lt. Undiano was able to calm her down. ‘S.M. finally told Lt. that I could come back into the room and she would talk Page 22 of 30to me. I went back into the room to speak with J.M. and S.M. I showed S.M. the case file I had put together so far in reference to the investigation. She was not shown the specifics, just the total amount of paperwork that had been done. I continued to discuss how important it was that S.M. be completely honest on what has occurred between her and Stacy. During our conversation, S.M. mentioned that she could say more if her grandmother wasn’t in the room. J.M. agreed to leave the room and let me talk to S.M. alone in interview room 1. After J.M. left the room, $.M. said that she has been around Stacy a lot and did develop feelings for him. S.M. said that she has never told anyone about her relationship with Stacy. S.M. said that she did fall in love with him, meaning Stacy. In the process of developing their relationship, Stacy would tell S.M. that it was wrong. S.M. did say that she still cares for Stacy. S.M. said that if she could be in a relationship with Stacy, it would help her with future relationships. S.M. said she continued to put pressure on Stacy to get into a relationship. S.M. did say that since she wrecked his Jeep last year, they have not communicated as much. S.M. went on to explain how she felt guilty for possibly ruining her life and his life. She said that it was her fault for starting it. I explained to SM that it takes two people interacting and reciprocating for the conduct to continue. I then told S.M. that there were some things I did need to know. I first asked $.M. about the pictures. I asked S.M. if they sent the pictures back and forth. S.M. said she thought if Stacy had an attraction to her body he would come around for her. S.M. admitted to sending the first picture. I asked S.M. about Stacy sending pictures to her. S.M. said there were Page 23 of 30occasions he would send pictures to her. These pictures we were discussing were those of nude photos. I then explained to S.M. that I was going to ask a tougher question. I asked S.M. when the first time it was that they had sex. S.M. stared at me for a minute and I told her that I had information it started when she was 12 or 13 years old. S.M. corrected me and said that is when they started sending pictures. S.M. said the first time they had sex was after she turned 16. I asked how often and she said not very much. S.M. did say that the first time they had sex was at Stacy Digby’s residence located at 11855 Linwood in The city limits of Highfill, Arkansas. $.M. said she would ask Stacy about going to have sex at times and he would turn her down. S.M. said they have had sex one time since she turned 17. ‘SM. went on to say that there was no sexual contact until after she turned 16. S.M. said that Stacy kept telling her no until she turned 16. I asked $.M. what changed when she tumed 16 and she went on to discuss sex she had had with other people. She discussed how if she lost her virginity with someone else it would help her with Stacy. She then talked about the dress that was in the master bedroom closest we found. S.M. said that was her sweet 16 dress that Stacy helped her buy. I asked $.M. about the blue bird card she had with American Express. She said she set that up and did not trust her grandparents with any of her money. I then began to recap with S.M. what exactly transpired. I asked S.M. if they did send pictures to each other since she was 13. S.M. said yes. I then asked if it was after she tumed 16 they had sex and she yes. S.M. went on to say they only had sex a handful of times. Page 24 of 30I went on to discuss actions I have taken during the investigation. I told her about going through the pond behind the church. I explained to S.M. that we were still looking for a computer belonging to Stacy. S.M. said that Stacy had an HP (Hewlett Packard) computer. I then asked S.M. if there was anything else she needed to tell me now before I found out anything, later. S.M. could not think of anything but did say that the times they did have sex, it was not romantic at all. S.M. went on to also say she thinks Stacy never intended on ever having a relationship with her and that hurt her. S.M. asked me how she was ever going to be able to go back to church and face Stacy’s kids. I told her I could not answer that question. S.M. said how guilty she felt and I told her Stacy did not have to reciprocate. S.M. was crying and said the first time they had sex, she had gotten him really drunk. I asked how that happened and S.M. told me her dad had taught her how to make drinks. S.M. said Stacy had the stuff in the house and she made a drink for him that was stronger than she told him and Stacy got throwing up drunk. Lasked $.M. about information we had received about selling any drugs. S.M. denied that and said she has never done that. $.M. said that is what her dad got in trouble for and she was not going to do the same thing. S.M. did say she abused pain pills at one point but those pills were actually prescribed to her. The same was true with antidepressant pills. I asked S.M. about the pregnancy and she did admit that she was pregnant at one time. The first time she thought she was pregnant, it turned out to be a false positive. The second time, everything was coming back that she was pregnant but she was not far enough along for an ultrasound to tell. S.M. said she has always had an inconsistent menstrual cycle. There would be Page 25 of 30times she might not go through her cycle for two or three months. The second time she took a test it was positive and her sister D.M. had seen the test as well. S.M. said during this time she did not have a menstrual cycle for 4 months. S.M. did go into medical professionals and they said she was pregnant as well. S.M. said she went a second time to the same doctors and this time they did an ultrasound and did not see anything. S.M. also said they conducted an analysis of her urine and her levels did not show she was pregnant either. I asked S.M. if she thought it was Stacy’s and she said no. S.M. said Stacy used protection every time and she was also on birth control. At this time, I explained to SM that I had no further questions. Losieat sracon ta date/time ay22/2018 12:49:04 9m -05:00 racon end dotting 3722/2018 12-59:39 om -05:00 at teri 5013790 [UFED Version yor neers version la77.751 ‘Selected Manufacturer [samsung ost ‘Slacted Deven Name [su-eror catany notes On March 23, 2018, Lieutenant David Undiano reported reviewing extracted data from a Samsung Galaxy Note 4 which was tumed over to the sheriff's office by J.M., on March 9, 2018. J.M. stated she had been informed the Samsung device was used by S.M. to contact Stacy Digby during the course of our investigation. The primary user of the device was identified as, S.M.M (14yrs), but her sister, S.M. was known to also use the phone. Page 26 of 30Lieutenant Undiano reported confirming the primary user of the device appeared to be S.M.M and confirming there was data stored on the device supporting S.M. as a user of the device. $.M. showed to have either created accounts or signed into educational, social media, or email applications in the year(s) 2015, 2016, 2017. The forensic software used to extract data from the cellphone obtained account and password information. showing S.M. as the accountholder. Passwords for most of these accounts were identified as, “STdigby1989.” Additionally, there were fourteen (14) incoming/outgoing calls to/from Stacy Digby via the “Textnow” application installed on the device. The names and numbers associated with the application were, Stacy Digby and S.M.M; however, it is believed the calls were sent and received by S.M. Stacy had not been contacted via S.M.M.’s Textnow account prior to the sheriff's office initiating an investigation. The call log data supports J.M.’s (S.M.’s grandmother) reports of S.M. using S.M.M.’s device to contact Stacy, after digital devices had been seized by police. The calls from the application to Stacy start on January 9, 2018. Lastly, there was a photo saved on the aforementioned device which appears to have been taken in the shower at Stacy Digby’s residence. NOTE: It should be noted, detectives are familiar with Stacy Digby’s residence as a search warrant was executed there earlier this year. The tile depicted in the image is identical to the tile seen at the residence and in search warrant photos. The photo does not depict the male’s face. The male is nude, but his genitals are partially concealed by what appears to be his hand. This image appeared to have been taken through the “Snapchat” application and Page 27 of 30depicts a text-box which reads, “How bad do you want it.” There is another saved photo which appears to be the same male, His face is not depicted in the second image either; however, the lighting is slightly better making it obvious the male has red pubic hair. The background of this saved photo cannot be positively identified as Stacy’s residence at this time. It should be noted, there are numerous digital devices associated with this case that still need to be searched/examined. A full forensic report completed by the cybercrimes division is forthcoming and new evidentiary information is expected. On March 26%, 2018, I spoke with the Pastor of the Highfill United Methodist Church, Russ Hall. Pastor Hall informed me that Stacy Digby held the position of ‘Lay Leader’ It was described to me as a leadership position in the church that is similar to that of an elder in other denominations. Pastor Hall also stated that this position will represent their church at different Methodist events with the State or national events. Pastor Hall did say that Stacy Digby was not a youth pastor or a pastor with the church itself. Page 28 of 30Based on the foregoing, the State joins me in requesting that a warrant be issued for Stacy Digby, W/M (6/8/1973) for the offense of: Sexual Indecency with a Child 5-14-110 ‘a Class D Felony’ and Sexual Assault First Degree 5-14-124 ‘a Class A Felony’ I swear that the allegations contained herein are the truth, the whole truth, and nothing but the truth. Approved by DPA : Tyler Williams via email Witness my hand this 24 day of Mage , 2018. fant’s Signature Name:_Dana A Winn 1300 SW 14™ STREET BENTONVILLE AR 72712 Phone (479) 271-1008 STATE OF ARKANSAS COUNTY OF BENTON Suiseribed and sworn to before me this_C2/ day of, A Page 29 of 30ORDER Thereby find that this sworn affidavit demonstrates reasonable and probable cause for issuance of a warrant of arrest for the above-named individual for the offenses of:: Sexual Indecency with a Child 5-14-110, a class D felony and Sexual Assault First Degree 5-14-124, a class A Felony In addition, I direct the Benton County Circuit Court Clerk to issue a warrant for the arrest of: Stacy Digby w/m 6-8-1973 hen, ag DATE ae E JUDGE. Zl Hd LZ UH Boe Page 30 of 30