2019 W 1548 THE STATE OF TEXAS CAUSE # 8 § COUNTY OF BEXAR § COURT: SEP 20 2019 AFFIDAVIT FOR SEARCH WARRANT. aE {Article 18.02(10), Texas Code of Criminal Procedure} BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED THE AFFIANT HEREIN, A PEACE OFFICER UNDER THE LAWS OF TEXAS, WHO, BEING DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS: My name is Bradley Freeman, | am commissioned as a peace officer under the laws of the State of Texas by the Texas Department of Public Safety and currently assigned to the Texas Ranger Division. | hold a Master Peace Officer certification issued by the Texas Commission on Law Enforcement and have been a peace officer for 21 years. In addition to documented training in criminal investigations, | have conducted numerous investigations of violations of the Texas Penal Cade and other crimes against the laws ‘of this state. 1. There is in Bexar County, Texas, a suspected place and premises described and located as follows: 7723 Guilbeau Rd #105, San Antonio, Bexar County, Texas 78280. Said suspected place is a Bexar County Government Office which is commonly referred to as the: Bexar County Pct. 2 Constables Office. The suspected place is located in the Bandera Festival Shopoing Center. The Suspected place is brown in color with glass entrance doors. Affixed to the front of the office reads "Bexar County Precinct 2" in dark brown lettering. Said suspected place, in addition to the foregoing description, also includes all other buildings, structures, places, storage containers, and vehicles at said premises and under the control of or accessible to any occupant whom commonly works at said suspected place or that are found to be under the control of the suspected party named below and in, on, or around which said suspected party may reasonably reposit or secret property that is the object of the search requested herein. This may include any additional garages or storage areas rented by the suspected parties as well any vehicle in the common, parking areas associated with the ‘suspected parties. 2. Said suspected place is in the charge of and control of the following named and/or described suspected parties (herein called “suspected party,” whether one or more), whom claim the above described suspected place as their public business office, the said suspected parties are: —~, Page 1 of 13 —MMichelle Barrientes Vel WARRANT / CAUSE #: AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT who is a female of Hispanic decent, born on or about: 02-18-1974, and is also The Elected Bexar County Precinct 2 Constable Mare Gar: who is a male of Hispanic decent, born on or about: 04-24-1979, and also holds the position of: Deputy Constable Anthony Castillo who is a male of Hispanic decent, born on or about: 08-19-1968, and also holds the position of: Deputy Constable Jeremy Miner Who is a male of Hispanic decent, born on or about: 08-05-1976 and also holds the position of: Deputy Constable. 3. Itis the belief of affiant that said suspected parties have possession of and are concealing at said suspected place the following property: a. b. Cellular phones and portable ‘tablet’ style device, whether connected to a cellular network or stand-alone devices; Files and data (whether electronically stored or printed papers) containing evidentiary data that may link individuals named in this affidavit or other individuals unknown to your Affiant and Investigators at this time as being involved in the offenses of: official oppression, tampering with evidence and Perjury, or assist in location and time of these crimes; Opened and unopened letters, envelopes, packages, or parcels; Financial Files, documents, records, books and ledgers; Calendars, appointment books, organizers, correspondence, photographs, and notes; Property or items constituting evidence of an offense or constituting evidence tending to show that a person committed an offense; Electronic Storage Devices capable of receiving or storing electronic data regarding the aforementioned (records). including but not limited to: Personal computers, laptops, any external storage devices such as, but not limited to floppy discs and diskettes (including Zip discs and cartridges), digital video discs (DVD's) compact discs (CD's), flash drives (‘thumb drives"), USB storage devises, external hard drives, tape drives, digital video recorders (including TiVo), intemet appliances, video game consoles (including Nintendo Wil), MP3 Players (including Apple iPOD), digital cameras and digital camera memory media, magnetic tapes and disks, cellular telephones, personal digital assistants (PDA's), tape recordings, and audio tapes; the hardware necessary to retrieve such data, including, but not limited to, central processing units (CPU's), connecting devices, viewing screens, disc and cartridge drives, tape drives, printers, and monitors; the manuals, with all software, handwritten notes, o M Page 2 of 13,WARRANT / CAUSE # AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT Printed materials describing the operation of said computers, hardware and Software; and, any and all passwords found at the location or known by the users of the phones and devices that may allow access to any of the aforementioned devices and equipment. 4. Affiant believes the said suspected parties (Bexar County Pct. 2 Constable and listed deputies) have committed the crime(s) of: Official Oppression, a violation of Section 39.03 of Title 8 of the Texas Penal Code; and/or Tampering with Evidenc a violation of Section 37.08 of Title 8 of the Texas Penal Code; and/or Perjury, a violation of Section 37.02 of Title 8 of the Texas Penal Code; in violation of the Texas Penal Code; and I further have probable cause for said belief by reason of the following facts and circumstances: Your Affiant knows by way of complaints from other police officials, county officials and Public complaints, that in addition to the arrest of Moreno, the Bexar County Precinct 2 Constable's Office has been involved in several public incidents where questionable actions have been reported by local media. Your Affiant has been made aware utilizing focal media and police reports that a citizen of Bexar County alleged Constable Vela and other deputies from the Precinct 2 Constable's Office forced him to pay for security services at a family function he was having at a public park on Easter Sunday, 2019. Your Affiant has also reviewed multiple open-source media investigations where Constable Vela and her office is the subject of other allegations. Affiant has personally reviewed several of these open-source media reports and found validity to the complainants’ allegations. On 05-09-2019, your Affiant, Texas Ranger Bradley Freeman, initiated an investigation into the alleged criminal acts and offenses committed by members of the Bexar County Precinct 2 Constables Office. As part of this investigation, your Affiant has reviewed the arrest affidavit of Leonicio Moreno and the investigative products submitted by Marc Garcia, a deputy constable of the Bexar County Precinct 2 Constables Office in support of this arrest. Your Affiant knows Marc Garcia is currently employed as a deputy with the Bexar County Precinct 2 Constables Office and carries the rank of Captain; and further, Marc Garcia was the one who conducted the investigation of Leonicio Moreno. El M Poge 3 of 13,WARRANT / CAUSE # AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT Your Affiant knows from conversations with Bexar County District Attomey's Chief Prosecutor Christina Del Prado and personal interviews with Constable Vela, that Constable Vela in the weeks leading up to the arrest of Leonicio Moreno, made several inquiries about the status of a separate criminal case, previously turned into the Bexar County District Attorney. The case involved TCOLE and the Constables wanting to file criminal charges against Leonicio Moreno. Your affiant witnessed a phone call wherein Constable Vela questioned the District Attorney about the status of an indictment related to Leonicio Moreno. During this phone conversation, the Constable requested the case be sent to the Attomey General for prosecution instead of remaining at the Bexar County District Attomey's Office. Shortly after these inquiries and requests for prosecution were made by Constable Vela, Deputy Leonicio Moreno was arrested for aggravated perjury as stated above, | know by reason of Personal knowledge that on 04-30-2019, Jason Castanon and Steve Barloco, deputy constables with the Bexar County Precinct 2 Constables Office, arrested Leoniclo Moreno for the criminal offense of aggravated perjury. Leonicio Moreno is OR was at the time of his arrest employed as a Bexar County Precinct 2 deputy constable. Before the arrest warrant, Moreno had several incidents involving Constable Vela and co-workers that led up to the arrest. | personally received the following timeline from Moreno for incidents leading up to his arrest: On 08-01-2017, while attending training in Galveston, there was an incident involving Moreno rebuffing Constable Vela for touching Moreno while in a het tub; Throughout 2017, Moreno was criticized for taking off time for doctors’ visits and vacation and Moreno brought this to Constable Vela's attention; On 12-07-2017, Constable Vela requested Moreno provide a statement regarding a rumor involving a claim of possible sexual harassment to be filed by Constable Vela; On 12-12-2017, Moreno received oral counseling for allegedly gossiping during his lunch hour; On 12-28-2017, Moreno was written up and demoted from acting chief to lieutenant for neglect of supervisory responsibilities; however, Moreno duties remained the same; On 12-29-2017, Moreno received verbal counseling for failing to complete assigned duties regarding TCOLE 201 file inspection; On 01-12-2018, Constable Vela accused Moreno of falsifying government documents and placed on administrative leave with pay; however, Moreno's weapons, patrol car, and all other property were tumed in; \M Page 4 of 13WARRANT / CAUSE #: AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT On 02-23-2018, Moreno was served with a proposal for dismissal; ‘On 03-07-2018, TCOLE requested Moreno’s surrender of his Instructor's Certificate; On 03-09-2018, Moreno was terminated; ‘On 03-12-2018, Moreno received a reprimand from TCOLE; On 03-13-2018, Moreno submitted an employee's appeal form to Human Resources; On 04-11-2018, Moreno filed an Equal Employment Opportunity Commission (EEOC) complaint wherein he alleged he was being harassed and hazed in the workplace. ‘On 05-07-2018, TCOLE interviewed Moreno based on Constable Vela training record complaint to TCOLE; On 06-21-2018, Moreno successfully appealed his termination at the Civil Service Court hearing; On 06-22-2018, Moreno returned to work and was required to rewrite an information report three times until it met Constable Vela’s standards; On 06-28-2018, Moreno received verbal counseling for failing to write a report for escorting a person out of the courtroom; On 08-20-2018, Moreno filed an EEOC complaint; On 09-07-2018, Moreno received verbal counseling for failing to act to an alarm regarding a beeping sound that turned out to not be an alarm; On 09-11-2018, Moreno received a written reprimand for failing to conduct a proper security check of the public restrooms when Moreno had done so prior to court; ‘On 09-14-2018, Moreno received notice of a proposed unpaid three-day suspension; On 09-28-2018, Moreno appealed the suspension and receive a one-day suspension; On 11-01-2018, Moreno received a written reprimand for failure to perform job duties; On 11-21-2018, Moreno had previously stated he would be a candidate for the elected position for Precinct 2 Constable and CLEAT responded to an opinion request that Moreno could be a candidate while serving as a deputy constable; On 12-14-2018, Moreno placed on administrative leave with pay for 30 days: SM Page 5 of 13,WARRANT / CAUSE #: AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT On 01-09-2019, Moreno filed an appointed treasurer for his candidacy for Precinct 2 Constable; On 02-04-2019, Moreno called in at 9:29 am stating he was taking a sick day. Moreno informed Sgt. G. Duquette that he was feeling stressed, not feeling good, unable to come into work and was taking a sick day. At 2:37 pm, Capt. M. Garcia, Sgt. G, Duquette, Deputy J. Martinez, Deputy M, Marquez, and Lt. Miner arrived at Moreno's home to conduct a welfare check and to retrieve a county-issued firearm. Moreno relinquished the firearm without incident. Police report 2019-CO2-00081 related to this incident stated the weapon was placed into the armory for safekeeping due to a concern of self-verbalized “mental stress” by Moreno. On 02-05-2019, Moreno contacted the Bexar County HR Office. He spoke to an HR employee, Manuel Gonzalez Ill, to discuss his employee benefits and many forms of correspondence he received from the Constable's Office. Gonzalez perceived that Moreno was anxious to get off the phone because the Constable's Office was trying to contact him. Gonzalez contacted Constable Vela regarding his call to HR as he did not want to interfere with the Constable's Office efforts to reach Moreno. Lt. Miner contacted Gonzalez stating the Constable's Office was not trying to reach Moreno, Your Affiant received 2 copy of the email sent to Constable Vela on 02-08-2019 from HR employee Manuel Gonzalez Il clarifying a conversation with Moreno. in the email from Constable Vela, she thanks Gonzalez for informing them of “the concem of high stress with Deputy L. Moreno.....AS a result, Lt. Miner will be reviewing the concerns with Deputy Moreno and may have reached out to you already.” Gonzalez quickly responds to the Constable's email stating "Moreno’s tone was anxious to end an employee benefits call... He did not express to me he was “stressed,” but did mention he had many forms of correspondence from your office he wanted to address. His comment was in an effort to get through our call quickly. That's why | felt the need to inform your office | was engaged with Leonicio Moreno..." Based on this phone call between Moreno and Gonzalez, Constable Vela ordered a Fitness for Duty Evaluation for Moreno requesting "a psychological evaluation on Deputy L. Moreno due to a call for concern to our Office in which awareness of high levels of stress and anxiely were portray(ed) during an inquiry pertaining to Deputy L. Moreno's phone conversation with Bexar County Human Resources Department (Manuel Gonzales)’. Constable Vela was aware that Gonzalez stated there was no stress, that Moreno was only anxious to get the call over quickly On 02-07-2019, Moreno was placed on investigative administrative leave; ey) Page 6 of 13WARRANT / CAUSE # AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT On 02-25-2019, Moreno was ordered to come into the office and write a letter stating Moreno was requesting time off until 11-03-2020. Moreno advised Lt. Miner he did not want to make the request for time off and was instructed to follow orders. Moreno was instructed to rewrite the request letter three times until the language appeared to be as if he were requesting time off and not pursuant to a direct order, On 03-11-2019, Moreno filed an EEOC complaint; ‘On 04-23-2019, Constable Vela was served with preservation of evidence letter from the Will Allan Law Firm informing her that Moreno and Christopher De La Cerda were suing her in federal court for violating their rights under the First and Fourteenth Amendments of the United States Constitution. Your Affiant knows the due date for the demand for damages related to the Will Allan Law Firm letter was 05-01-19: On 04-30-2019, Capt. Garcia swore out an affidavit before Judge Ugarte in support of an arrest warrant for Moreno’s arrest for Aggravated Perjury. According to the probable cause, as stated in Garcia's affidavit, Moreno committed Aggravated Perjury by continuously filing, writing, and submitting falsified, untrue official documents in numerous government facilities. Garcia further states these official govemment documents which Moreno has written and sworn to under oath have and will continue to cause an adverse effect on the ability to effectively continue this agency's service to the Public and those they serve. He also states Moreno’s consistent filing and aggravated Perjury hinders the agency from continuing criminal investigations and takes away from the performance of the agency's civil process serving. Garcia goes on to state Moreno's actions continue to bring a negative and harmful environment to the agenoy and staff by way of threatening emails, letters, social media, telephonic and in-person encounters endangering the deputies and civilian staff on a daily basis. Garcia specifically ‘enumerates Moreno’s filing of two EEOC complaints stating the complaints have been Proven beyond a reasonable doubt to have been falsified through material evidence (filed office documentation leave formitime off request, video recording of Moreno's swearing-in) and have caused disruption in the agency's law enforcement duties due to the significant reasons as stated above. Garcia goes on to say Moreno’s continued use of deception, lies, immoral aptitude, continued false filings of official government documents and misleading statements are being used to adversely affect the outcome of an official proceeding or proceeding in the future. He states continued filings of these immoral acts and violation of law caused deputies in this agency to take extra precautionary measures when on duty and off duty because of the death threats this agency has received from Moreno’s falsified documents. Garcia continues and says Moreno should be considered a flight risk from the county due to his relationship with relatives in other parts of the state and may be considered to have an excessive amount a Page 7 of 13,WARRANT / CAUSE # AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT of stress, anxiety and depression (as stated and self-admitted by Moreno while speaking with HR via telephonic contact) while owning multiple firearms and being able to access these weapons at his place of residence. Judge Ugarte required Garcia to add a handwritten portion to the affidavit that includes the following: that Moreno filed an EEOC complaint which stated “I was being hazed and laughed at during my swearing in’ was brought forth by Moreno to the Bexar County Human Resources Office. Moreno presented the document, sworn under oath that his statements were true and correct and the document was notarized. Garcia further states the document has been proven to be incorrect as observed through digital video evidence. He stated the document was presented by Moreno in an attempt to affect the course of the outcome of an official proceeding during which time Moreno presented these deceptive, untrue documents, to possibly affect the outcome of future hearings regarding these matters, Nothing appears in the affidavit that factually supports Garcia's claims or conclusions that Moreno’s actions of filing this or any EEOC complaint, whether true or untrue, has hindered the agency's performance of duties (both in criminal investigations and civil Process serving), has caused any adverse effect on the agency's ability to effectively serve the public, is in any way directly related to bringing a negative and harmful environment to the agency and staff, is directly related to the receipt of any threatening emails, letters, social media, telephonic and in-person encounters, or that these encounters, if they exist, have endangered the deputies and civilian staff on a daily basis. These are all conclusions with no factual basis and no nexus to Moreno’s filing of EEOC complaints, Garcia concludes that the two EEOC complaints have been proven beyond a reasonable doubt to have been falsified through material evidence referting to office documentation leave formitime off request and a video recording of Moreno's swearing-in, yet Garcia fails to describe how these items demonstrate proof. Garcia fails to explain how Moreno's EEOC filings are being used to adversely affect the outcome of an official proceeding or proceeding in the future. Garcia fails to enumerate the connection between Moreno’s EEOC complaints and deputies having to take extra precautionary measures when on duty and off duty because of the death threats this agency has received from Moreno's falsified documents. Additionally, Garcia fails to state what these on duty and off duty extra precautionary measures the deputies were forced to implement. Garcia fails to explain why having relatives in the state makes Moreno a flight risk. Garcia fails to support his claim that Moreno should be considered to have an excessive amount of stress, anxiety, and depression. ae ath M Page 8 of 13WARRANT / CAUSE #: AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT Your Affiant knows Moreno announced to be a political opponent to the current Bexar County Precinct 2 Constable Michelle Vela and has sued the Constable in federal court, Your affiant believes this is what prompted his arrest. During his interview with your Affiant, Garcia stated that before executing the arrest warrant Garcia suggested to Constable Vela that they should take the case to the Bexar County District Attorney's Office for review. Garcia stated Constable Vela’s response was that we need something to happen now and to proceed with the arrest warrant. Garcia further stated they needed to take immediate action so Moreno could be held accountable. Garcia stated he was unaware of the federal suit against Constable Vela, Your Affiant has reviewed the investigative product submitted by Captain Marc Garcia to the Bexar County District Attorney's Office, and | have noted the lack of documents related to threatening emails, letters, social media, telephonic and in-person encounters supporting the allegation of endangering of the Precinct 2 deputies and or the civilian staff. These items were entered into the arrest affidavilcomplaint by Captain Marc Garcia yet were not investigated, found, or mentioned anywhere in the investigative Product or other supporting paperwork. On 08-14-19, Garcia swears to an Absence of Business Records Affidavit pursuant to a Grand Jury Subpoena stating the following requested records could not be found or do not exist: threatening emails, threatening letters, telephonic encounters, and in person encounters. Your Affiant has seen the complaint filed by (then Captain) Moreno, where he says that Chief Anthony Castillo took the video of the swearing-in ceremony with his cellular phone. Your Affiant has reviewed statements given by Captain Marc Garcia claiming that Chief Deputy Castilo videotaped the service and a Bexar County Precinct 2 county- issued phone was used. Garcia told your Affiant during an interview the swearing-in was recorded by mobile phone and was recorded by Casfillo. Garcia added he was standing beside Castillo while Castillo was recording. Marc Garcia also told me his evidence submitted was a copy of a copy. Additionally, a report generated by Lt. Miner mentioned the video was recorded on Constable Vela's cellular phone; specifically: "The ceremony was recorded on the Constable's County issued cellphone for posterity and Deputy Moreno's ceremony was not the only one which was both audibly and visually recorded for such purposes.” Additionally, Your Affiant knows a video was given by the Constables Office to the District Attomey’s Office as proof of the absence of hazing and ‘or harassment during Moreno’s swearing-in ceremony; however, this video appears to be a copy of a copy and looks to have been taken by a cellular phone or other portable device. On 09-04-2019, Your Affiant requested a forensic copy of the phone evidence, from the Bexar County Precinct 2 Constables Office. Your Affiant asked for the evidence during QI Page 9 of 13 SMWARRANT/ CAUSE #: AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT a phone call with Leslie Sachanowicz, legal counsel for Constable Vela, and followed up with an email to Leslie Sachanowicz attaching a voluntary consent form. On 09-06-2019, your Aifiant received a reply, by e-mail, from Leslie Sachanowicz. This email stated your Affiant received a copy of the evidence as it was taken from a county computer and the video had not been altered refusing to offer the phones and or computers for evidence. Your Affiant interviewed the two Bexar County Precinct 2 deputies Steve Barloco and Jason Castanon who arrested and transported Moreno to jail after his arrest. They both explained how they arrested Moreno and took him to the Bexar County North Tower Sally Port. They both said before they could take Moreno out of the vehicle, Lieutenant Jeremy Miner called and gave them instructions to take Moreno into the jail via the front entrance. Both told me they did as they were instructed and both reported such on the Police reports as instructed. Both deputies described the delay of booking Moreno was due to the supervisors from the Constables Office calling them and giving them instruction on where to take Moreno. They also illustrated their unfamiliarity of the area of the jail hence taking an extended time to get Moreno to the desired location. One deputy told your Affiant he recalled being called in and questioned by Constable Vela, Lieutenant Miner, and Chief Deputy Castillo after the media ran a story about the delayed booking. This deputy told me Lieutenant Miner tried to act as if he did not call hhim and tell him to take Moreno in the front of the building stating it was a media worthy event. This transport officer said he challenged Lieutenant Miner by saying | have proof on my phone of your call and of a call from Captain Mare Garcia with similar instructions. Affiant has reviewed the video provided by the Bexar County Jail, and it corroborates the arrival of the two deputies into the sally port. it shows one of the deputies taking a phone call, on a cellular phone, then exiting the sally port with Moreno In the vehicle. Using legal service, Affiant asked for records related to the arrest of Moreno from the Constables Office; they have failed to include the reports from the transport deputies in their return of your Affiant's request, In regards to other complaints against Constable Vela, your Affiant has received an incident report from the Bexar County Sheriff's Office; this incident report contains the following information: Jesus Reyes reports having been harassed by Constable Vela during an Easter Party with his family. Jesus said he rented the pavilion at Rodriguez Park in Bexar County for an Easter celebration but when he arrived Constable Vela was occupying his rented space. Jesus said after notifying the park officials of his reservation, the Constable and her family were made to move from the pavilion as he gave proof of his having reserved the pavilion 5 M Page 10 of 13WARRANT / CAUSE #: AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT After being made to move from the pavilion, Constable Vela and Chief Deputy Castillo returned only to tell Jesus he needed to pay $500.00 for security. Jesus reported he never had to pay security before but was told of new rules recently added to the park. Jesus agreed to pay $300.00 and was told by the Constable he had to leave the Pavilion at 7:00 pm. Jesus reported his contract for the pavilion allowed him to stay until 11:00 pm. Jesus said he agreed to pay the money because he felt intimidated by the Constable and the Chief Deputy. As a result of this Bexar County Sheriff Office incident report, your Affiant requested documents from the Bexar County Precinct 2 Constables Office related to the security records for Rodriguez Park. Your Affiant learned from the Bexar County Parks Office that the Bexar County Precinct 2 Constables Office is the primary law enforcement entity who provides security at Rodriguez Park. Your Affiant requested paperwork related to the security contracts from Bexar County Precinct 2 through the legal process from the Bexar County District Attorney. On 06-11-2019, your Affiant served a subpoena for the records related to security agreements at Rodriguez Park. This subpoena was served to Bexar County Precinct 2 Constable Michelle Vela. She received the subpoena personally at her office. On 06- 12-2019, Constable Vela called me, your Affiant, seeking clarification for the items asked for in the subpoena. She stated they were not a security company, and they did not have the items Affiant requested. | explained to her that | had received a receipt from her office, outlining her security service agreement along with the amount charged. | told her 1 was seeking that information and any schedule information she could provide. Constable Vela stated it would not be much paperwork and she and her Chief Deputy Anthony Castillo mostly worked the events at the park. ‘On 06-12-2019, your Affiant was contacted by Susan Elizabeth Tristan (DOB: 01-10- 1993). Tristan is a clerk in the Bexar County Pct. 2 Constables Office. Tristan said she needed to talk to me because she feared Constable Michelle Vela was going to try to get her in trouble. Tristan wanted me to know she is the one who takes the payment at the office for security events at Rodriguez Park. Tristan said many times the Constable would assign reserve deputies to work the park and they would not receive payments and the Constable would keep the fees for herself. Tristan also felt the Constable was making up the schedule as she went down through the receipts. She feared the Constable was also changing the amount of money received by the office. Tristan said she kept a receipt book and she wanted to make a copy for her protection. Tristan said the Constable asked her to create a receipt for Jesus but later told her to tear it out of the receipt book, so no records existed. After being served with a subpoena, Tristan said the Constable began acting scared as she asked her to gather —, WN Page 11 of 13WARRANT / CAUSE AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT documents. Tristan was told to start collecting the security records, and if they were not complete, she would be the one in trouble. Tristan was told they would “visit her in jail” if the documents were not in order. Tristan was asked to write a statement by Constable Vela about her interaction with Jesus Reyes. Tristan wrote her first statement and was asked by Constable Vela to write another one with more detail Tristan gave another account, but it was also not accepted by Constable Vela On 07-24-2019, your Affiant scheduled an interview with Tristan to discuss a statement submitted by her referencing a Grand Jury Subpoena issued to the Constables Office The subpoena was presented for receipts dealing with the security assignments at Rodriguez Park. During this interview, Tristan revealed some documents she knew of that were not given as part of the Grand Jury Subpoena. These documents include the names, dates, and times of officers who have worked at Rodriguez Park. Tristan later made copies of these documents and provided them to the Texas Rangers. On 8-29-2019, your Affiant received additional cash logs related to Rodriguez Park. These records were given to me by Tristan, who said she made additional copies after being asked to sign an absence of business records affidavit. Tristan said when asked to sign the document she emphasized to Constable Vela if she had given all the document copies to the District Attorney Office. Tristan added that when the original request for the papers were made, the Constable took the information home and removed the cash logs. Tristan was told to substitute an excel spreadsheet in the place of the cash logs. The excel spreadsheet eliminates the names of officers and replaces them with the number of officers working the event at Rodriguez Park. “Your Affiant requests that any phones and electronic storage device(s) located and seized as a result of this search be authorized to have the electronic storage device(s) forensically examined for the above-described items of evidentiary value. Affiant believes that if such device(s) are found they are probable to contain: Stored electronic ‘communications, including, but not limited to documents, records, photographs, images, audio and visual recordings, emails, backup information from iPhone cell phone, and contact information; related to Official Oppression and Tampering with Physical Evidence. Based on your Affiant's experience in dealing with individuals who frequently utilize electronic devices, it is common to locate stored electronic data (photographs, individual identification, search history, documents, forms, etc.) on phones and computers for extended periods of time including that which may have been intentionally or unintentionally erased, WHEREFORE PREMISES CONSIDERED, Pursuant to Chapters 18 of the Texas Code of Criminal Procedure, your Affiant requests the issuance of a search and seizure warrant to search for and seize the above property listed in paragraph 3 above. ay M Page 12 of 13WARRANT / CAUSE #: AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT Therefore, your Affiant respectfully requests the issuance of a warrant to search the suspected place identified in Paragraph 1 above and to seize the evidence described in Paragraph 3 above pursuant to Chapters 18 of the Texas Code of Criminal Procedure for evidence of criminal activity. Affiant further requests authority from the Court, pursuant to the Provisions of Article 18.10 of the Texas Code of Criminal Procedure, for authority to remove or take any Property or evidence seized pursuant to the warrant from this county, if such removal is necessary for the safekeeping of such seized property, for forensic testing, processing, and analysis, or as otherwise authorized in the Texas Code of Criminal Procedure for the completion of any investigation or proceedings related to the activities described in this oe Affiant, Bradley Freeman swof AND SUBSCRIBED BEFORE ME BY THE SAID AFFIANT ON THIS TH! OTH DAY OF SEPTEMBER, 2019, Ny MAL ; District Judge frtname) __ /) fe Honorable STEELS? 2 867 Judicial District of Texas A Magistrate of Bexar County, Texas AM age 13 of 13,2019 W 1543. THE STATE OF TEXAS § CAUSE # COUNTY OF BEXAR § SEARCH WARRANT {Article 18.02, Texas CODE OF CRIMINAL PROCEDURE} THE STATE OF TEXAS to the Sheriff or any Peace Officer of Bexar County, Texas or any Peace Officer of the State of Texas or any federal law enforcement agent, or any employee of any federal agency, GREETING: WHEREAS, the Affiant whose name appears on an affidavit presented to me, is a Peace Officer under the laws of Texas and did heretofore this day subscribe and swear to said Affidavit before me, and whereas | find that the verified facts stated by Affiant in said Affidavit show that, Affiant has probable cause for the belief expressed therein and establish existence of proper grounds for issuance of this Warrant; Now, therefore, you are commanded to enter the suspected place vehicles, and premises described in said Affidavit, to wit: There is in Bexar County, Texas, a suspected place and premises described and located as follows: 7723 Guilbeau Rd #105, San Antonio, Bexar County, Texas 78250. Said suspected place is a Bexar County Government Office which is commonly referred to as the: Bexar County Pct. 2 Constables Office. The suspected place is located in the Bandera Festival Shopping Center. The suspected place is brown in color with glass entrance doors. Affixed to front of the office reads “Bexar County Precinct 2" in dark brown lettering. Said suspected place, in addition to the foregoing description, also includes all other buildings, structures, places, storage containers, and vehicles at said premises and under the control of or accessible to any occupant whom commonly works at said suspected place or that are found to be under the contro! of the suspected party named below and in, on, or around which said suspected party may reasonably reposit or secret property that is the object of the search requested herein. This may include any additional garages or storage areas rented by the suspected parties as well any vehicle in the common parking areas associated with the suspected parties. Said suspected place is in the charge of and control of the following named and/or described suspected parties (herein called “suspected party,” whether one or more), whom. claim above described suspected place as their public business office, the said suspected partiés are’ Michelle Barrientes Vela who is a female of Hispanic decent, born on or about: 02-18-1974, and is also The Elected Bexar County precinct 2 Constable Marc Garcia who is a male of Hispanic decent, born on or about: 04-24-1979, and also holds the position of: Deputy Constable dhe 10f3SEARCH WARRANT aaa {Article 18.02, TEXAS CODE OF CRIMINAL PROCEDURE} Anthony Castillo who is a male of Hispanic decent, born on or about: 08-19-1968, and also holds the position of: Deputy Constable Jeremy Miner who is @ male of Hispanic decent, born on or about: 00-05-1976 and also holds the position of: Deputy Constable. At said places you shall search for and, if same be found, seize and bring before me the des iin the lavit, to-wit: rd property described in the affid Mt LTEMS iL ATNG PRom 1AVG-17 TO pleasent, TW ‘+ Cellular phones and portable ‘tablet’ style device, whether connected to a cellular network or stand-alone devices. * Files and data (whether electronically stored or printed papers) containing evidentiary data that may link individuals named in this affidavit or other individuals unknown to your Affiant and Investigators at this time as being involved in the offenses of: official ‘oppression, tampering with evidence and perjury, or assist in location and time of these crimes, Opened and unopened letters, envelopes, packages, or parcels. Financial Files, documents, records, books and ledgers Calendars, appointment books, organizers, correspondence, photographs, and notes. Property or items constituting evidence of an offense or constituting evidence tending to show that a person committed an offense; * Electronic Storage Devices capable of receiving or storing electronic data regarding the aforementioned (records), including but not limited to: Personal computers, laptops, any external storage devices such as, but not limited to floppy discs and diskettes (including Zip discs and cartridges), digital video discs (DVD's) compact discs (CD's), flash drives (‘thumb drives"), USB storage devise, extemal hard drives, tape drives, digital video fecorders (including TiVo), intemet appliances, video game consoles (including Nintendo Wii), MP3 players (including Apple iPOD), digital cameras and digital camera memory media, magnetic tapes and disks, cellular telephones, personal digital assistants (PDA's), tape recordings, and audio tapes; the hardware necessary to retrieve such data, including, but not limited to, central processing units (CPU's), Connecting devices, viewing screens, disc and cartridge drives, tape drives, printers, and monitors; the manuals, with all software, handwritten notes, or printed materials describing the operation of said computers, hardware and software; and, any and all passwords found at the location that may allow access to any of the aforementioned devices and equipment. Further, you are ORDERED, pursuant to the provisions of Article 18,10, Texas Code of Criminal Procedure, to retain custody of any property seized pursuant to this Warrant, until further order of this Court or any other court of appropriate jurisdiction shall otherwise direct the manner of safekeeping of said property. ae > M Page 2 0f 3SEARCH WARRANT {Article 18.02, Texas CODE OF CRIMINAL PROCEDURE} Further, This Court grants authority for any phones and electronic storage device(s) located and seized as @ result of this search be authorized to have the electronic storage device(s) forensically examined for the above-described items of evidentiary value by any designated representative. Further, This Court grants you leave and authority to remove such seized property from this county, if and only if such removal is necessary for the safekeeping of such seized property by you, or if such removal is otherwise authorized by the provisions of Article 18.10, T.C.C.P. You are further ORDERED to give notice to this Court, as a part of the inventory to be filed subsequent to the execution of this Warrant, and as required by Article 18.10, T.C.C.P., of the place where the property seized hereunder is kept, stored and held. HEREIN FAIL NOT, but have you then and there this Warrant within three days, exclusive of the day of its Issuance and exclusive of the day of its execution, with your return thereon, showing how you have executed the same filed in this court. mn "EY 4 THE AO day of September, a0, 2010, at 7 5O sclock TIM. to certify my hand this day, i6 Honorable ; District Judge (96 sudiciel District of Texas ‘A Magistrate of Bexar County, Texas SM Page 3 of 32019 W 1548 Bee ow DISTRICT CLERK THE STATE OF TEXAS § CAUSE #___ age ZAR En TEXAS § COUNTY OF BEXAR § COURT: 2019 SEP 25 A 8 uu RETURN AND INVENTORY peru: {Article 18.02(1).(9), Texas Code of Criminal Procedur BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEAREO THE AFFIANT HEREIN, A PEACE OFFICER UNDER THE LAWS OF TEXAS, WHO, BEING DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS: My name is Bradley Freeman, and | am commissioned as a peace officer by the Texas Department of Public Safety under the litle of Texas Ranger. ‘The attached Search Warrant came to hand on the day it was issued, and it was executed on the 23rd day of September 2019, by conducting the search directed therein and by seizing during such search the following described property: the property taken is listed and described on,a separate document named: “United States Department of Justice” FBI Receipt for Property 6 Pages pj"ty seized is listed and described on the attached page(s) entitled “Exhibit A. BE ce, y VAI (sian) Hs ncord N00 IRE sin name) aforable PATERSA MORE District Judge/ 86 Judicial District of Texas Actfagistrate of Bexar County, Texas On this day the above named Peace Officer delivered into this Court the Retuin and Inventory set out above. Itis Ordered that the property seized by authority of the foregoing ‘Warrant or during the execution thereof shall be and remain under the care, custody, and control of said Peace Officer, and may be removed and taken to any location deemed necessary by such Officer for purposes of safekeeping and completion of any investigation or proceedings related to the activities described in the Affidavit upon which the foregoing Warrant was issued. Ordered and si is he ZS day or SP ZO) G (Sign) <a 23 S€019 spanner ARMA Asives) PL 9 vr WA NIT ae Farreeca/ MN 00k (Print Name) ‘The Honorable HES? DRE. District Judge SFudicial District of Texas ‘A Magistrate of Bexar County, TexasPoe UNITED STATES DEPARTMENT OF. JUSTICE FEDERAL BUREAU OF INVESTIGATION Receipt for Property eee eevee Onde) _OF/23/,9 ‘tao () listed below wore: Collected/Seized Reosived From Retumed To Released To Owe Boca Connke Contteble Pecnet (Sweet Adiress) "7723 Guilbean 2) #los Gis) _ San Antonio, Tx 79250 Case ID; Description of tem (3): 64 GB ym wacd BRL viten: (2) dvb, CA documents ; (2) DvD (28) Mike. documents 2 Brown foie labele A Aupust 5 silver Theoge Seatediing yellow posk-it ome 02) Me Prssemeats j Whike spiel book centednies ase documents | Letter dated o/ig [¥} Yellow neste book wit), twe Mic. documents enclosed ; Lethe and eovclore fe Elise VaSeuwez dabed 7, 27g Receved Br Ky Melisa h Recelved rom: _ f ites a Signature) ~~ Signature) Printed Name/Tides Printed NameTite: Lh ralleg Foo, eee ennaDST (Rev. 613-2015) Page tots UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION RECEIPT FOR PROPERTY Casein: _2828-5a-3105173 ‘On (date) 9/23/2019 item(s} listed below were: a 6p Colectnisaized Oi Received From 1 Rowmed to , CO Reteased To (name) {Street Address) 7733 GUILBEAU AD # 105 i ae ee (City) _SAN ANTONIO, TK 78250 Description of item(s): 1 - Dell Optiplex 7450 AiO Series a s/t: 10030P2 IMASKED NoT Ssizen 2.- Western Digital "Easystore” external Hard Drive; black; with power cord SIN: TSGEEMLC '3- Dell Optiplex 5030 AIO Series S/N: CFTKB42 HAGED wot Sereen 4- USB drive; SanDisk Ultra USB 3.0; 16GB 1EnKG66O NET 5/20 '5- Panasonic Toughbook; Model C54; ‘S/N: 6GTSA789B9 lnhesD ALT Se128D 6- Dell laptop Model P736 S/W: D7610N2 Inne Net SéiBED 7- toate computer hard drive; no manufacturer listed; “Made in Talwan’; "TWOBVYWESGORS") "466 226A AOI"; Model: LCS-2561N5-12 INCEQ Aer SSI RET) Dell Precision 5820, s/m-c1vaQP2 ‘9- Apple Phone A1S33 MeL 01389000184704 10- Samsung SM-N800A rable phone; IML 3585579053172665 = smw:Ra108i6NvRe IAD AT 361260 1 - Samsung SM-N9OOA mobile phone; ‘IMEI: 358579057003403, IMAGOO peET sliaco S/N: ROBFSOCNIAWFO-SOT (Rev. 4132016) ” patie UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION RECEIPT FOR PROPERTY ‘12- Apple iPhone A1522 Met: 35¢386062073958 13 Apple Phone 7; 128 GB ; mel: 356556086622660 14-Levar 16GB USB drive; greencolored (AA ASO ABST 2GEWREO 15 Dell Optiplex 7050 S/N: 300002 IMALED NT SEITOD 16 - Western Digital Easystore external hard drive; Model: WO20FARX SIN: WCAZACSASO2 117 - Dell Optipiex 7450 ance /IMED NE SIZED 18 -Reservation/Payment schedule for Rodriguez Park "September 2018” 19 Counseling Report Form dated 6/19/2015; Villanueva shed documents related to Rodriguea Pa 20. Verbal counseling document addressed to Deputy Leonicio Moreno 21 Employee complaint/discipinary/counseling documents/calendars; Moreno -Leon Valley Incident . paperwork 22 - Receipt book containing messa her $300 for 12 hour event, 723 - Apple iPhone A1778 MEL 356557085346871 wp MEE LEG SEIZED S/N: ONPVAHBAHG7K 24- iPhone 8; Model MQ6V2L/A ia S/N: FAGWEGOJKCE7 INACEO AweT SEIZED 25 - Samsung SM-G9SSU mobile phone; I 355579083838570 S/N, R3SNB0OYNH) JANES AR Sipe 26 - Shredded paper from Syivia Garcia dated 8/21/2017 stating someone from park quoted 27 -Yellow folder and green folder, each containing Rodriguez Park reservation form 28-4 Case reports: "2019-C02-000081"; "2019-C02-00078" and "2019-C02-000080"; "2019-C02-00103" 29-2 hanging folders contatning information on Deputy Moreno 30 Receipt book with Rodriguez Park payment information 31 - Receipt book regarding Rodriguez Park payments; Purple plastic binder with Rodriguez Park reservation information; "Sept." fist and 3 forms regarding Rodriguer ParkFO. (Rev. 4-33-2016) Page 3ofs UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION 32 - Samsung SM-G9504 mobile phone; mel: 855986085402171 ‘SIN: R3BIBORSXXE 33 Yellow notepad containing message referencing open records requests and the “press conference in May” [34 - Personnel files: Constable Vela; Deputy Chief Castilio; Captain Garci 35 - lack 3-ring binder with “Open Records Signature Log” ‘36 -File “Receipt of Open Records"; ‘Moreno request "06-2019" dated 3/11/2019; Email fram Constable Vela to Colier regarding Moreno arrest dated 6/04/2019; KENSS request dated 4/03/2019 regarding Hulzat fom James Keith 37 - Samsung GSM SM-N960U mobile phone: ‘mel: 358621091385006 S/N: RFBKBAKUTME (UMEDA $1260 and Lieutenant Miner 38 = Personal Status repors for Marc Garcia and Leonieio Moreno; Moreno emails from 10/2017 02/2018 39 Three counseling report forms for"Leonicio Moreno" 40 Email between Vela and Casto re: Chris DelaCerda & Moreno'sP Addressea; FSR Rit JEmp. Vericaton for Vela; FSR Hist./Emp. Verification for Christopher OelaCerda; Personal information report for Moreno; Folder w/Moreno & DelaCerds information 41 - Personnel record Leonicio 8, Moreno “Staff Sergeant” 42. Training fle for Leonieio 8. Moreno “43 - Panasonic Toughbook a FCCID: ACUSTGWLISA (UAE A S¥12ED 44 Emails and correspondence relating to Moreno and Rodrigue? Pork Incident “45 - Document indicating fees for deputy service et parks $40/hour Three torn requests for time off from Mare Garcia; Spreadsheet for ‘May 2019 reservations at Rodriguez Park 46 - Apple iPhone 7 Model; MNOHZLL/A_ S/N: DNPV68USHG7K ‘47 Apple Phone X Model: MQA82UL/A S/N: FK2VO24ECLE 48 -Leoniclo Moreno case les 49 - Browncolored binder containing notes pertaining to Multa. 50 - Eight (8) OVOs pertaining to Moreno and Rodriguez Park 51 -Folder of notes pertaining to Huizar“roar tov 6132019 Poge 40s UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION RECEIPT FOR PROPERTY 52-Arrest warrant and documents for Moreno 53 - Twenty (20) compact flash memory cards and SD cards of various capaitic 54 Notification request to Ranger Bradley Freeman and complaint documents pertaining to Moreno 55. Dell (38429 Tablet 56 - Reports related to Leon Valley incident - two (2) fle folders '57- Apple Phone ALS22 IML 354391064244283, 58 -Incident/written reports regarding Deputy Moreno '59- Welfare check done on L. Moreno Assignment Report; Moreno request for time off September Rodriguez Park reservations; Moreno folder; Moreno letter Reduction in Force Notification dated 8/18 50 Moreno EEOC Documents; Email regarding Moreno complaint; Moreno email/sck leave absence emalh Email w/Parks Department regarding Rodriguez Park 61 - Rodriguez Park security agreement; emails regarding Easter park security, AMidavit of Constable Vela ‘regarding welfare check of Moreno; Red folder investigation and demotion of Moreno 62 - Rodrigues Park security agreements; Moreno verbal counseling form; Media response email Afidavits oF Castillo & Vela regarding Moreno San Luis hotel complaint 63 - Fourteen {14) SanDisk 16GB USB drives 64 -Lee Moreno external training requests ‘65 - Printout of FaceBook post by user “Jesse Cross"; Documents to include emalls, offense reports and complaint intake forms regarding Moreno 66 - Documents/plctures pertaining to accident on 2/13/2019 on 3500 Bandera Road, Leon Valley; Assignment ‘report, charge and disposition report, sworn statements, and incident detail reports 67 - Morena investigation administrative leave; incident report 2/13/2029 regarding Leon Valley incident, ‘Moreno emails/document regarding campaign ‘68 - Moreno welfare check report: ‘Mareno EEOC complaint; Moreno time off request 69 - Open records request file for Moreno; Moreno file containing 3/28/18 assignment report 70- Moreno request for time off; Secrity Agreement for Rodriguez Park; Texas Public Information Requests 71 Tyned & handwritten notes regarding Chris De la Cerda & Moreno; emails to Vela from media; Hulzar complaint related records; Offense report Moreno n 73 -Oocuments pertaining to Moreno; Time off requests; TCOLE classes jexat County call-in sheet; TCOLE classes; Documents pertaining to Moreno 74 Compact flash 3268 memory card17 POT (Ron. at3.a08) eee UNITED STATES DEPARTMENT OF. ‘JUSTICE FEDERAL BUREAU OF INVESTIGATION RECEIPT FOR PROPERTY Received By: Le Received From: TRH aa Gignature] Tlengpure) "6 Gee Printed Name/Title: wd (ater $esee- Ain Printed Nome/Title: Conn DR Gis