WHO KILLED IRA TOBOLOWSKY?

Ira Tobolowsky was a man with a range of complex and opaque business interests whose
family is entwined in the business and political elites of Texas. Tobolowsky was linked through a
dense set of interlocking relationships with families tied by blood, marriage, and business
interests who are powerhouses politically, legally, culturally, and economically in the city, state,
and country. Tobolowsky — lawyer, investor, lobbyist — was also the scion of a family whose
members are scattered throughout the legal profession and judiciary in Texas.

Yet much of Tobolowsky’s work was behind the scenes, serving the interests of those who
chose not to be publicly identified, including himself. For example, over decades, Tobolowsky
and his business associate served as registered agents for dozens of businesses that opened
and then closed with pendulum-like regularity.

At the time of his gruesome death in May 2016, Tobolowsky was personally involved in two
multiyear legal cases involving vast sums of money. The first, as related in open court filings,
was a battle over control of a patent worth hundreds of millions of dollars. Even there,
Tobolowsky’s true role was obscured. A second case involved a hidden struggle hinted at
between the lines of sparse probate court filings. In a third case, a real estate investor named
one of Tobolowsky’s long-time companies as a defendant for its role in a fraudulent mortgage
transaction, a suit filed just weeks before Tobolowsky’s death.

Yet immediately after Tobolowsky’s death in May 2016, the Dallas Police Department chose not
to examine the multiple avenues of inquiry afforded by Tobolowsky’s complex and obscure
familial and business interests. Instead, the Dallas Police Department, Tobolowsky associates,
and certain members of the judiciary chose to publicly identify two gay men of modest means as
suspects in the high-profile case.

Immediately, DPD used extralegal means to gather information on Steve and Brian, including
search warrants based on false information, even though they had ample evidence that Steve
and Brian were not involved in Tobolowsky’s murder, including an electronic trail and
eyewitnesses. Yet public naming of Steve and Brian was necessary to deflect attention from
where it most logically and properly pointed: on Tobolowsky’s manifold and shadowy business
interests as well as his family’s behind-the-scenes machinations concerning a large, long-
unexecuted estate.

To avoid the harsh glare of a murder investigation and exposure, a corrupt machinery involving
various Dallas powerhouse individuals, including D Magazine, smeared Steve and Brian
unjustly as having committed the murder of Ira Tobolowsky. This also required publicly
defaming Steve and Brian.

On the day of Ira Tobolowsky’s death, Steve and Brian, a gay married couple in their mid-50s —
one a long-time HIV-positive lawyer, university instructor, CPA, and amateur conductor; and the
other a landscape lighting designer and massage therapist — had immaculate police records
with no violent history or arrests of any type.

Yet Steve and Brian, who had been financially destroyed in a nationally publicized Ponzi
scheme, were targeted immediately upon Tobolowsky’s death by unknown persons, accused of
capital murder in a rush to judgment and then convicted in a trial by media. Steve and Brian
have no access to institutional power, as do those who encircled Ira Tobolowsky. Owing to
limited resources, they have been forced to silently endure the smearing of their reputations —

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in which any Internet search of Steve’s and Brian’s names instantly links them to Tobolowsky’s
murder, a crime for which they were never charged — and the resultant repercussions.

Prior to the murder and after, Steve and Brian have been injured by the corrupt practices of
certain individuals, judges, courts, and the Dallas Police Department and Dallas County Sheriff’s
Department through malicious prosecution, aggravated assault, destruction of governmental
records, aggravated perjury, excessive force, false arrest, false imprisonment, harassment, and
defamation per se.

FACTS

Steve and Brian were partners for nearly two decades before they married in 2014 in Lovington,
Lea County, New Mexico. At all relevant times herein, Brian has been a disabled individual
under the Ryan White Care Act. Steve and Brian celebrate their 25th anniversary on December
10, 2019.

Brian had been hard-working and gainfully employed and engaged in the community from a
young age. At age 13, Brian began his first career as a baseball umpire, and later became a
respected football referee. The savings from the thousands of games he umpired gave Brian the
down payment on his first property in Austin, Texas. Brian attended law school at the University
of Texas and also became a registered CPA; as a lawyer his practice focused on wills, trusts,
and estates. Brian was also an adjunct professor at the University of Texas McCombs Graduate
School of Business for six years, and his accounting students continuously consistently scored
the highest in the nation on the nationwide uniform CPA examination, besting the Ivy League
schools. Brian volunteered for the Texas Advocacy Project (which runs the Texas domestic
family abuse hotline) and took part in civil rights marches.

Brian has conducted the Milwaukee Symphony Orchestra for its July 4th Concert before an
estimated crowd of one million people, and has twice conducted the Austin Symphony,
University of Texas Wind Ensemble, University of Texas Longhorn Band, Austin Summer
concerts at Zilker Park, Austin High School Band, and the band of his alma mater, the Lyndon
Baines Johnson High School Band.

Brian is a long-term HIV survivor who was first diagnosed in 1986 at a time when an HIV
diagnosis was considered an automatic death sentence. When diagnosed, his physician
informed Brian that he had one year to live, as his physician informed again in 1994.

Brian recently completed a two-year contract teaching low-income foster children to read, write,
and spell at Kids in Distress, a nonprofit organization that works with children in foster care.
Brian is currently a public official on the board of trustees of the City of Wilton Manors, Florida,
Pension Plan for General Employees and Police Officers, for which he serves on a volunteer
basis.

Steve grew up in Dallas, Texas, the son of a respected orthodontist and former President of the
American Board of Orthodontics, Dr. Richard B. Aubrey.

Steve is a successful, hardworking entrepreneur. Steve established and managed a successful

landscape lighting business in Austin in the 1990s. Steve dug trenches through bedrock and
climbed trees with his crew for this work, for which he used a range of tools to run electrical
wiring around and outside homes and underneath and through landscaping. Steve’s finished

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product and work ethos were highly respected. His next career was as a successful masseur,
work he has been engaged in for over 10 years.

Steve and Brian have been together for 25 years as of December 1994. Steve became Brian’s
caregiver at that time. Steve chose a lifetime of service for a partner who continuously requires
toxic, debilitating medications to combat his life-threatening disease, as well other prescribed
medications.

In the mid-2000s, Brian and Steve became ensnared in two seemingly separate, highly complex
financial scams.

In October 7, 2004, Brian was appointed to the board of directors of a U.S. public company at
the request and behest of Mrs. Barbara Hearst. However, Brian’s dreams of serving as a
director of a public company were shattered at the first board of directors meeting of DOBI
Medical International, Inc.

On October 7, 2004, Brian learned that the product allegedly manufactured by the single-
product company, a breast cancer detection imaging device, did not work. He soon discovered
that DOBI was not a firm that manufactured a medical device but instead a public company front
for an undisclosed Cayman Islands “pump and dump” stock “boiler room” operation using the
U.S. penny over-the-counter stock market. 1

Brian blew the whistle on the DOBI scam. He spent many thousands of hours meticulously
unraveling the highly complex DOBI scheme, which involved layers of national and international
shell companies, on behalf of DOBI’s shareholders, all on a pro bono basis. His efforts led to
multiyear litigation that ended in 2007, which allowed stockholders to receive 50 percent to 100
percent of their investment on the dollar.

In 2007, Brian and Steve invested the last of their savings in what was pitched as a “safe” real
estate investment by a long-time “friend” in what eventually was revealed as a multitiered Ponzi
scheme executed upon land in Austin, Texas called the Wildhorse Ranch.

Through information gathered via litigation over a number of years, Brian painstakingly peeled
away the layers of the highly complex Wildhorse Ranch scam, which involved a multiplicity of
shell companies used to launder funds for international organized crime through corrupt U.S.-
based title companies. Victor and Natalia Wolf, Russian organized crime figures, originated the
scheme, and as a direct result of Brian’s whistle-blowing and cooperation with the North Miami
Beach Police Department and Citrus County (Florida) Sheriff’s Office, the FBI placed the two on
its most wanted list; the Wolfs are currently international fugitives. 2

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The undisclosed true owner of DOBI Medical’s entire public stock float was the Verus Group, based in
New York City and Barbados. Notorious corporate raider and financier Sam Belzberg and his son Marc
Belzberg were among the hidden principals of the Verus Group. See “Update: DOBI ‘pump-and-dump’
Scam Leads to Bankruptcy,” by Eric Rosenthal, Oncology Times, July 10, 2007, available online.
2
In this Ponzi scheme, a group of Russian nationals worked with two U.S.-based title companies to
launder millions of dollars through title company escrow accounts. As unraveled by Brian in materials
gained over years via discovery, the scheme ultimately led back to the notorious Moscow-born Felix
Sater, long-term FBI informant and financial criminal tied to Russian organized crime who spearheaded
efforts to secure a Moscow tower deal for Donald J. Trump during Trump’s presidential campaign in 2015
and 2016, as well as Sater’s associates. Documents in the public domain about Sater have been

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Through this process, Brian self-educated to become an expert on complex financial frauds and
the international underworld of financial scams.

The Wildhorse Ranch scam was the focus of local and national publicity. Brian supplied
information to national journalists seeking information on the complex real estate scheme in
particular and multilayered financial fraud involving Russian organized crime in general, and he
has served as a helpful source for years to many. Brian has also been a guest lecturer at the
University of Texas Business School and the University of Oregon Law School with
presentations titled “Pirates of the Caribbean” and “The Underworld of International Finance.” 3

Brian and others sued the principals in the Wildhorse Ranch scheme. Nine years after their
initial investment, Steve and Brian and other investors received a judgment in January 2016 but
no monies. As a result, Steve and Brian were essentially bankrupt. Steve and Brian had been
forced to sell their home in Austin and eventually moved to an apartment in Dallas (“Apt 223”) in
2016.

Brian no longer has a part-time job and has been unable to find one. He now lives off his
monthly Social Security payments and the loving support of his partner, Steve. Steve has
financially supported the couple since the Wildhorse Ranch scam devoured all of Steve and
Brian’s savings.

The years of legal struggle and their financial devastation after a lifetime of hard work have
taken an enormous toll. Brian especially has been hard hit, tumbling into a profound multiyear
depression. In January 2016, soon after the Wildhorse Ranch litigation ended, Brian’s physician
prescribed him high dosages of the powerful anti-depressants Depakote and Seroquel. These
medications altered his affect and left him lethargic, and as a result he often spent large parts of
his days in bed.

Litigation Involving Steve, Brian, and Ira Tobolowsky

Litigation involving Steve, Brian, and Ira Tobolowsky is discussed in various search warrant
affidavits upon which DPD detectives swore, and false statements and mischaracterizations of
that litigation contained therein were then provided by DPD to members of the media. For these
reasons, those matters are discussed very briefly here.

unsealed partly through Brian’s efforts in the Eastern District of New York. See Brian v. USA and USA v.
Frank Coppa et al.
3
The Wildhorse Ranch scam was the focus of an episode of Kurtis Productions’ “American Greed” series
on CNBC. For this episode, “From Russia With Lies,” Brian served as an uncredited, unrecompensed
source, offering dozens of hours of assistance to producers.

Brian is a respected, regular source for many articles involving Russian organized crime, financial crimes,
and real estate scams; for example, “A Classic Florida Swindle, with a Russian Twist,” February 4, 2012,
Miami Herald, by two-time Pulitzer Prize–winning reporter and editor Michael Sallah. Brian also was a
regular source for USA Today’s exposé on Florida’s plastic surgery death clinics, and served as a key
source for the series “Homes for the Taking: Liens, Loss, and Profiteers” in the Washington Post, which
won the Robert F. Kennedy Journalism Award in 2014. Brian has also been a source for articles
published by Tom Hamburger of the Washington Post.

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In about 2004 and wholly unknown to Plaintiff Steve, Steve’s mother Betsy Aubrey engaged the
firm of Tobolowsky & Burk PC to probate and administer the will of her husband, recently
deceased. Betsy Aubrey lives in Dallas; Steve was then living in Austin.

In about 2010, Steve became concerned about the management of Aubrey Family Trust, which
she formally administered, as Betsy Aubrey often complained about lack of funds, although
Trust properties were generating significant income. Steve eventually discovered that Betsy
Aubrey had signed deeds of Trust properties to a family member in 2007 without her knowledge
or consent.

In 2013, Steve sought an impartial accounting of the Trust corpus and income derived thereon.
In December 2013, in frustration, Steve sent his mother an intemperate e-mail in which he
threatened “jihad” over arguments stemming from these family matters. This e-mail was not
directed at Ira Tobolowsky; Steve still did not know Tobolowsky, and upon information and
belief, Betsy Aubrey did not yet know him, either. Steve did not know that Tobolowsky & Burk
had probated the will, had not yet heard the name “Ira Tobolowsky,” and certainly did not know
Tobolowsky was Jewish. Steve’s message was an angry message regarding personal matters
to a family member. There was as yet no litigation concerning the Trust.

In April 2014, Steve filed an application to probate court in Dallas for an accounting of the Trust,
an unremarkable act. (Cause No. PR-14-01486-3) In July 2014, Ira Tobolowsky stepped into the
case, seeking to quash any effort to secure an accounting. Non-lawyer Steve had inadvertently
walked into a hornet’s nest by taking on Ira Tobolowsky on his home turf, courtrooms he had
worked in for over 40 years. Because Steve was based in Austin and not a lawyer, he did not
know who Tobolowsky was, what his familial connections were, or the power he wielded in the
legal community and beyond. Why Tobolowsky went to such lengths to avoid an accounting of
the Trust is unclear.

Thus, contrary to the Affidavits discussed herein as well as virtually all news reports, Steve’s
litigation did not involve an “inheritance” to which he “lost access” via Tobolowsky’s lawyering,
and Steve had never “contested the will”: Steve’s was a straightforward effort to gain an
accounting of a Trust in which Steve was a beneficiary, as he was legally entitled to do.

The legal wrangling between Steve and Ira Tobolowsky continued through a series of very
unusual actions in the proceedings. By April 2015, Steve and Brian nonsuited the case,
accepting that they would likely not progress in Dallas County probate courtrooms. Steve never
obtained a full accounting of the Trust. In Steve and Brian’s minds, the issue was closed and
they would likely never see Tobolowsky again.

However, in June 2015, in an apparent desire to keep the battle going, Tobolowsky made a
series of filings in the closed case, including a 521-page motion for contempt that sought
sanctions of $1,050,000 and 29 days in jail for Steve and Brian. Tobolowsky was earning fees
by continuing litigation; in a year’s time he had generated legal fees of $600,000, payable from
the income from the Trust.

In July 2015, Tobolowsky sued Steve and Brian for defamation, alleging that Steve and Brian
had undertaken “jihad” to punish him for his “successful” representation of Betsy Aubrey. (Cause
No. DC-15-11685. It was not Tobolowsky’s first defamation case; for example, after Tobolowsky
had been sued in a commercial dispute, he then sued the plaintiff for defamation, in Cause No.
DC-10-09803.)Tobolowsky had plucked the inflammatory word “jihad” out of context from a

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personal e-mail Steve sent to his mother in 2013 — months before any litigation and six months
before Steve had heard the name “Tobolowsky” — and studded it throughout the complaint. In
November 2015, three days after the horrific terrorist attack in Paris that left over 130 people
dead and hundreds more injured and much of the world still reeled in shock, Tobolowsky filed a
first amended complaint that doubled the use of the inflammatory word “jihad” from the original
complaint; he also included a completely fabricated assertion that Steve and Brian published a
document “stating that Tobolowsky had become Muslim and had joined ISIS,” which was as
absurd as the almost humorously hyperbolic use of “jihad.” Ira Tobolowsky could never produce
evidence to back up any of his claims. It appeared that Tobolowsky simply enjoyed the pleasure
of the game in a field that he seemed to control.

Upon information and belief, the purpose of Tobolowsky’s efforts to extend proceedings and
rack up sanctions, fees, and awards through a series of friendly court decisions was to procure
first bite at what all assumed would be a large payment in the Wildhorse Ranch litigation.
However, although Steve and Brian were successful in that suit in January 2016, they could not
collect the judgment. Nevertheless, Ira Tobolowsky kept the defamation suit against Steve and
Brian moving forward through a series of motions and hearings in the courtroom of Judge Eric
V. Moyé, who generously continued to add sanction awards against Steve and Brian in
Tobolowsky’s favor, and on whose court docket litigation involving Steve and Brian and
Tobolowsky was continuously assigned. On April 22, 2016, approximately three weeks before
the death of Ira Tobolowsky, Steve appealed one particularly outrageous sanctions award by
Judge Moyé, decided in ex parte conference with Tobolowsky, for $250,000 to Betsy Aubrey for
Tobolowsky’s legal fees (this award was overturned on appeal). Any judgments would be
impossible for Tobolowsky to collect as he well knew; they simply gratuitously added to the
challenges of Steve and Brian, who were then living off of Steve’s massage business earnings
and Brian’s monthly Social Security payments, all while Brian was managing a profound
depression by taking potent anti-depressants with serious side effects (as Tobolowsky knew).
The hearing scheduled for May 18, 2016, five days after Ira Tobolowsky’s death, was one of a
series of inconsequential, pointless hearings that Steve and Brian had lost the habit of
attending, as they seemed designed to harass in a lawsuit in which Tobolowsky would never be
able to collect — until perhaps Steve inherited funds from Aubrey Family Trust after Betsy
Aubrey’s death.

Steve and Brian’s relevant whereabouts during and after

Tobolowsky’s murder and detectives’ knowledge of same

On May 13, 2016, at approximately 7:50 am, Ira Tobolowsky died in the garage in his home at
7435 North Kenshire Lane. The garage had been consumed by fire. Tobolowsky, whose five-
foot, two-inch frame was bent due to a degenerative condition of his spine, did not have full
range of motion, and it was later determined that he had been alive as the fire burned. (See “I-
Team: Inside A Dallas Murder Mystery … 1 Year Later,” article and video, by Ginger Allen of
CBS affiliate KTXA-TV, April 27, 2017, available online.)

Immediately after Ira Tobolowsky’s death, DPD homicide detectives convinced numerous
Dallas-area television stations, print publications, and Texas state criminal district court judges
from whom they requested warrants that Steve and Brian were the principal suspects and that
they were hiding from police detectives and avoiding public view to conceal burns on their
bodies.

Not only were none of these statements truthful, DPD also knew them to be untrue. DPD had
full knowledge of Steve and Brian’s whereabouts and actions via credit card information, phone

6
data, and eyewitnesses in the days immediately following Tobolowsky’s death. The following
timeline highlights the falsity of statements by DPD.

On May 13, the date of Ira Tobolowsky’s death, Steve and Brian awoke around 8 am at their
home at 7777 Glen America, Apt 223, Dallas, Dallas County, Texas (“Apt 223”). At
approximately 9:00 am, Steve drove to the Trader Joe’s supermarket at 7939 Walnut Hill Lane
and purchased groceries, as indicated by credit card receipts. Brian had stayed home to watch
the final episode of “Live with Kelly and Michael” at 9 am, during which time he called various
people to discuss the program, as indicated by phone records. Steve then returned to Apt 223.

On May 13, at approximately 11:45 am, approximately four hours after Tobolowsky’s death,
Steve drove to Highland Dermatology at 3607 Oak Lawn Avenue in Dallas for a noon
appointment with his dermatologist. His dermatologist had cut away a cancerous cyst from his
upper back on April 28, at which time Steve made the appointment for May 13. Steve had been
advised in writing to avoid “heavy lifting, exercise, and swimming” while the sutures were in
place to avoid disrupting them. During the May 13 visit, Steve removed his shirt, revealing his
chest, back, and arms, whereupon multiple sutures were removed. The medical report indicates
nothing unusual, including burns or ruptured sutures.

On May 13, after the appointment with the dermatologist’s office, Steve stopped at a Taco Bell
and then Walmart in Dallas, as indicated by credit card receipts, and where numerous people
saw him.

On May 13, Brian drove to Cremona Bistro, near downtown Dallas, for lunch, as indicated by
credit card information, and then attended a regular early-afternoon support group meeting, at
which numerous people saw him.

From May 13 until illegally arrested by police May 19, Steve followed his normal routine, which
included shopping, near-daily visits to the nearby 24 Hour Fitness, and working with clients at
their secondary apartment at 8617 Southwestern Boulevard, Apt 911, Dallas County, Texas
(“Apt 911”), all within a two-mile radius of his home. During visits to the gym, Steve regularly
wore a short-sleeved T-shirt or tank top and shorts. When working as a masseur, his normal
attire is a short-sleeved T-shirt and pants. Through these days, he made no effort to hide his
arms or anything else. Dozens of people saw Steve close up in short-sleeved attire during this
period. Further, Steve’s day-to-day attire normally includes short-sleeved shirts, which he wore
throughout the days from May 13 to illegal arrest on May 19.

On Saturday, May 14, Steve bought lunch at a busy Whataburger, while Brian drove to Central
Market on Greenville Avenue, both indicated by credit card receipts. That evening, Steve and
Brian dined at Lawry’s Prime Rib in North Dallas, a packed restaurant on a busy Saturday night,
which required a reservation by phone. Numerous persons saw them in all of these venues.

On Sunday, May 15, 2016, Steve purchased groceries at Walmart, as indicated by credit card
receipts. Steve and Brian received an out-of-state guest, their friend Dr. Alexandra Krot (“Krot”),
an experienced radiation oncologist. Later, Brian and Krot shopped at Kroger on Mockingbird
Lane, where numerous people saw them.

On Monday, May 16, 2016, Steve went about his routine, stopping at a Walmart Supercenter,
Office Depot, and a variety of other stores, and ate at a CiCi’s Pizza Buffet, all indicated by
credit card information, and during which numerous people saw him.

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On May 16, Brian and Krot visited Brian’s mother at the C.C. Young rest-home and then a
bookstore, and then returned to Apt 223 to prepare for Krot’s long-scheduled visit to her
attorney in Austin. (Krot, too, had been a victim of the Wildhorse Ranch scheme, and she was
scheduled to attend the deposition in Austin several days later. (See “Florida Swindlers’ $77
Million Cow Pasture,” by Michael Sallah, Miami Herald, May 6, 2012.)

Earlier that day, on May 16, the Dallas Fire-Rescue Department submitted perjured search
warrant affidavits to gain access to Steve and Brian’s phone information, including calls, texts,
and cell tower data, from May 10 to May 16, which Judge Dominique Collins signed at 1:15 pm.

On Tuesday, May 17, Brian and Krot attended one of Brian’s support group meetings in Dallas
at 10 am before they drove to Austin in a car Krot had rented for the scheduled appointment
with Krot’s attorney of record, Donald Grissom. Brian participated in the approximately two-hour
meeting with Krot and Grissom in Grissom’s office. While at the law office, Brian engaged with
Grissom’s law partner and other legal staff.

On May 17, in Dallas, Steve went about his routine, purchasing goods at Walmart and Home
Depot and eating lunch at a CiCi’s Pizza Buffet.

On May 17, after arriving in Austin, Brian received a text from DPD homicide Det. Ermatinger
requesting a return call without specifying the purpose. Brian began to contact criminal defense
lawyers to ask for advice and/or representation. Brian’s telephone records indicate these calls.

On May 17, Brian and Krot stayed at a rental apartment for the night in Austin and dined at
Green Mesquite BBQ, as indicated by her receipts. Brian and Steve were in regular contact via
calls and texts.

On Wednesday, May 18, as per usual, Steve spent some of his busy day in Steve and Brian’s
personal residence at Apt 223.

On the morning of Wednesday, May 18, in Dallas, a small-bore “motion for cost” hearing in Ira
Tobolowsky’s defamation case against Steve was scheduled in front of Judge Eric V. Moyé.
Fearing a media frenzy and as yet without counsel, Steve chose not to appear for the
inconsequential hearing, hearings he had fallen out of the habit of attending in any case.
Further, given Judge Moyé’s odd decisions in the suit and his apparent close working
relationship with Ira Tobolowsky, Steve was fearful Moyé would use a decision on small fees as
an excuse to jail him. Brian was in Austin in a day-long meeting with Dr. Krot and her attorney,
as long planned, and had never intended to appear at the hearing.

At the hearing, Judge Moyé publicly linked Steve to Ira Tobolowsky’s murder — without
evidence or cause — to a room filled with news reporters. Judge Moyé’s decision to do so is
bizarre, and his statement in court implying that he was recusing himself from the case due to
Steve’s “implication in the death of Ira Tobolowsky” is equally odd and highly prejudicial. Steve
and Brian never threatened Ira Tobolowsky or Judge Moyé in that case or any other case and
have no history of violence or criminal acts. Judge Moyé’s declaration placed a public target on
Steve and Brian. 4

4
Why Judge Moyé might have been especially anxious on the day of Ira Tobolowsky’s death and the
days following is unclear; he had waved a firearm at a woman while driving his Mercedes on the North
Dallas Tollway that morning, and she had called DPD to report it. His agitation certainly had nothing to do
with Steve and Brian, who had never threatened Tobolowsky or Judge Moyé, inside or outside of the

8
Immediately after Moyé’s egregiously unethical and unlawful statements in court, news
reporters began to aggressively pound on the door of Apt 223 as well as the doors of neighbors,
which continued sporadically throughout the day. Steve did not answer while he was home.
Upon information and belief, the news reporters were directed to Apt 223 by Dallas homicide
detectives.

On May 18, DPD officers distributed photos of Steve to judges and court staffers at the George
Allen Courts Building, as “sources” informed reporters that DPD was trying to track down Steve
and had alerted staffers to remain on “high alert” if they saw him. Yet DPD knew very well that
Steve was not “on the run” and exactly where he was. As DPD knew, Steve was in Dallas going
about his normal routine — including visits to fast-food restaurants and the gym, shopping, and
attending clients at Apt 911 — while sleeping at Apt 223. DPD knew because it had access to
Steve’s phone and text data, cell tower information, as well as credit card transactions. Simple
visual monitoring of Apt 223 would indicate Steve and Brian’s comings and goings as well as
their physical appearance.

On May 18, in Austin, Brian and Krot met with Krot’s attorney Grissom at his office from
approximately 9:30 am until approximately 2 pm. Brian and Krot ate lunch at Fujiyama in Austin,
where numerous people saw them.

On May 18, Krot and Brian returned to Dallas from Austin. En route, Krot called Steve to ask
him to reserve a hotel room for her not far from the Dallas airport as she had an early morning
flight; she was driving a rental car and did not want to attempt the task while driving. Steve
made a reservation under her name at the Crowne Plaza at 7050 North Stemmons Freeway via
credit card. Steve and Brian called and texted each other numerous times.

During the return to Dallas, Brian and Krot stopped in a convenience store in Belton, Texas.
Later, Brian and Krot stopped at a McDonald’s in the Oak Cliff neighborhood of Dallas, all as
indicated by credit card receipts.

After Brian and Krot returned to Dallas in the early evening of May 18, Steve and Brian chose to
spend the night at Plaintiff’s secondary apartment, Apt 911, to avoid the media onslaught
without advice of counsel as well as disrupting neighbors. Dr. Krot checked into the Crowne
Plaza hotel.

At 9:23 and 9:27 pm of May 18, DPD obtained warrants to “examine, photograph, and
fingerprint” Steve and Brian.

On early Thursday morning, May 19, 2016, two DPD plainclothes officers, presumably
detectives, approached Dr. Krot at DFW airport close to the security area. Without identifying
themselves, the two very briefly questioned her, asking only one or two questions in an

courtroom, and had no history of violence; they had never even raised their voices during their multiple
visits to Judge Moyé’s courtroom. No evidence has been produced or exists that indicates the contrary.

Ginning up a nonexistent threat in the form of two nonviolent gay
case may have been a convenient way to divert attention from what
response. See “Lawyer in Suspected Homicide Case Received
Rebecca Lopez, David Goins, and Josh Davis, wfaa.com, May 16,
was later reported.)
men involved in a low-bore probate
had set Moyé on edge as well as his
Email Threatening to Kill Him,” by
2016. (There was no email threat, it

9
interaction that lasted perhaps one minute. Although she had spent four days with Steve and
Brian in close quarters, the presumed detectives did not ask the experienced physician of over
35 years the physical appearance of Steve’s and Brian’s bodies, if she had noticed burns or
anything unusual, her impression of their demeanor or appearance, or anything else about
those four days. The brief encounter surprised and frightened Krot. DPD made no effort to
speak with her ever again.

On May 19, Steve and Brian spent the morning at Apt 911. They made numerous calls; and
their cars were parked in the parking lot outside.

That afternoon, DPD and Sheriff’s Dept. employees executed a “stakeout and high-risk
apprehension” of Steve and Brian and illegally arrested them without an arrest warrant. These
illegal acts were based on information that DPD and Sheriff’s Dept. knew was untrue.

Unlawful Search Warrant Affidavits and Searches

Beginning on May 16, 2016 and for a period spanning nearly five months, the City of Dallas and
its employees, including Dallas Fire-Rescue Department and the Dallas Police Department,
submitted 11 perjured affidavits for search warrants to local district criminal judges. Each of the
perjured affidavits involved Steve, Brian, or both.

Lt. Cherry of the Dallas Fire-Rescue Department submitted the first two search warrant
affidavits concerning Brian and Steve to gain cell tower data as well as phone and text
information.

Lt. Cherry swore to the truth of the affidavits and swore that their facts had been verified.
However, the facts were neither truthful nor verified. In his search warrant affidavits, Lt. Cherry
not only willfully misrepresented material facts; he also relied on false hearsay information
tendered by Capt. Stephenson.

All of Lt. Cherry’s statements in both affidavits were false, and without the false statements
there was no probable cause or basis to allege Steve and Brian had anything to do with the
murder of Ira Tobolowsky. The affidavits weave blatant lies with cherry-picked facts to create a
false narrative that paints Steve as a greedy son and Brian as his lawyer-partner who both
conspired to gain an early inheritance but had been thwarted by Ira Tobolowsky.

Both of the search warrant affidavits submitted by Lt. Cherry on May 16 relied on hearsay
information from Capt. Stephenson that Lt. Cherry had not verified, which violates the Texas
Rules of Criminal Procedure.

Affidavits 3, 4, and 5 state in part:

“Family members advised detectives that complaint Tobolowsky felt threatened by

Steven Aubrey because of a lawsuit that complainant Tobolowsky won when he
represented the mother of Steven Aubrey, Betsy Aubrey. It was alleged in the lawsuit
that Steven Aubrey threatened “Jihad” the same words used to describe the wars
brought by terrorists and against his life, which was filed in court document number 15-
08135 in the 14th Judicial district court judge Eric Moye presiding. Ira Tobolowsky is of
Jewish descent and felt Jihad was an anti-semitic statement. … It is believed that
whoever set the complainant on fire may have suffered serious burns and is hiding from
public site [sic] as to prevent their injuries from being seen by the public as well as

10
 detectives. On May 17, 2016, Detectives went to location of 7777 Glen America and
knocked on the door of #223 to confront Steven Aubrey and Brain Vodicka and ask them
to come to police headquarters and be interviewed as well as allow detectives to view
any injuries that might have been sustained. No one answered the door. Detective R.
Laurence #9191 and Detective D. Richardson #6361 initially observed the blinds in the
window of apartment #223 … were open and slightly angled upwards with a darkened
background, which indicated that someone had been in the apartment. Detectives
Laurence and Robinson left the location for a while and when they returned they
observed the blinds to the same window closed and angled downward with a light on in
the background, which indicate that someone had been in the apartment. … Steven
Aubrey’s white Nissan Murano and Brian Vodicka’s white Nissan Altima were both
parked in the parking lot of their apartment. Neighbors stated that they have not seen
either Steven Aubrey or Brian Vodicka since Saturday the 14th of May 2016 and they
have not heard any occupants walking around inside. … On May 18, 2016, at
approximately 2:50 P.M. Detectives returned to the apartment of Steven Aubrey and
Brain Vodicka. Detectives observed that Steven Aubrey’s white Nissan Murano was no
longer in the parking lot. Detectives knocked on the door to apartment #223 but there
was no answer. Detectives called both Steven Aubrey’s and Brain Vodicka’s phone
number but there was no answer, so Detective Ermatinger left them both a voicemail.
Detective Ermatinger also sent a text message to both numbers but he did not reply.
Approximately 2 1/2 hours after Detective Ermatinger sent the text messages,
Detectives were notified by Steven Aubrey’s credit card company that Aubrey’s card was
used at a truck stop in Belton, Texas, which is approximately two hours south of Dallas.
A short time later, Detectives were notified that Steven Aubrey’s card was used to book
a hotel room at the Crowne Plaza Hotel in Dallas, Texas, but the room was booked
under the name Alexandria [sic] Krot.”

The false narrative includes the following elements:

• That Steve Aubrey had threatened “jihad” on Tobolowsky’s life. Steve never
threatened Tobolowsky with “jihad” or in any other way.

• The affidavit does not state the time of detectives’ first-described visit to Steve
and Brian on May 17 nor whether Steve and Brian’s cars were in the parking lot.
The detectives may have knocked when they knew Steve and Brian were not
there, as Brian had left before 10 am. DPD knew exactly where Steve and Brian
were via phone data.

• The affidavits state when that detectives visited a second time on May 17,
Steve’s car is parked in the parking lot and the blinds in a different position,
which indicates Steve was home. Yet apparently detectives chose not to knock
on the door.

• On May 17, during detectives’ alleged second visit, Brian’s car is described as
parked in the parking lot and presented as evidence that he was home and
avoiding detectives. However, DPD knew Brian had accompanied Dr. Krot to
Austin.

• The affidavits state that detectives spoke with neighbors and no one had seen
Steve and Brian since May 14, implying that they were staying out of sight. DPD
knew via cell information and credit card transactions that the two were doing

11
 exactly the opposite: they had spent much of the previous days in public where
multiple hundreds of persons had seen them, many at close range, and
detectives also knew Brian had left for Austin on May 17.

• The affidavits state that on May 18, at 2:50 pm, the detectives visited Apt 223.
However, DPD knew Brian was then in Austin, taken there in Krot’s rental car,
and logically his car was parked in front of his home.

• The affidavits state that when detectives visited Apt 223 at 2:50 pm on May 18,
Steve’s car was not in the lot and Brian’s car was parked there. The implication
was that the two had taken off “on the run” in Steve’s car. However, DPD knew
that Brian was in Austin and Steve was close at hand in Dallas, less than two
miles from his home, as per usual.

• If Detectives knocked on the door when Steve’s car was not in the parking lot,
they knocked when Steve was not at home, which they knew.

• Although the affidavit states that Det. Ermatinger called and sent text messages
to both Brian and Steve sometime after 2:50 pm on May 18, there is no evidence
that Det. Ermatinger called either Steve or Brian on May 18, and neither Plaintiff
received a text message that day at any time, including 2½ hours before Brian
and Krot stopped in Belton. Brian had received a single text message on May 17.

• By the time Det. Ermatinger presented these affidavits to Judge Jeanine Howard
to grant and issue search warrants, he knew that Steve was in Dallas and had
never left, Steve had not used his card at a “truck stop” in Belton, and that Brian
had stopped in Belton and Oak Cliff before then returning to Apt 223 in Dallas.
He also knew Steve and Brian had decamped for Apt 911. Upon information and
belief, he also knew that Krot had checked into her hotel room, not Steve and
Brian.

• Upon information and belief, DPD had visually observed Steve and Brian, who
habitually wore short-sleeved shirts, and saw that neither had burns on their
arms nor faces. They could have also observed Steve while he was at the 24
Hour Fitness he regularly visited, if they wished, for example.

The true facts of Steve and Brian’s whereabouts, public activities, and information was known to
detectives but fraudulently concealed from Dallas County criminal court Judge Jeanine Howard,
who authorized the search warrants. Det. Ermatinger intentionally lied to Judge Jeanine Howard
to procure search warrants that lacked probable cause.

The totality of the information presented in the affidavits created a narrative that Dallas
Police Department detectives fully knew was false. An affidavit is a written statement of facts
that the affiant swears to be true. Det. Ermatinger swore to the truth of three affidavits whose
narrative he knew to be false.

As a result of Det. Ermatinger’s affidavit and search warrant, DPD searched Steve and Brian’s
personal residence at Apt 223 and confiscated their personal property, specifically their
personal desktop computer. (Lacking their computer, Steve and Brian could then not access or
reference their personal files in Tobolowsky’s ongoing defamation lawsuit, continued by Michael
Tobolowsky after his father’s death.)

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In Affidavits 3, 4, and 5, Det. Ermatinger disregarded and misrepresented facts dissipating
probable cause to Judge Howard; i.e., no one alleged that Steve threatened Ira Tobolowsky’s
life via jihad or otherwise; Steve and Brian were not hiding from public sight; Steve and Brian
were not fleeing the jurisdiction; and Steve and Brian were not impersonating Alexandra Krot to
hide in a hotel.

As a result of Det. Ermatinger’s perjured affidavit for search warrant, Apt 223 was unlawfully
searched and Steve and Brian’s personal property was unlawfully seized.

On May 19, 2016, Steve and Brian were arrested without arrest warrants on the basis of
Affidavits 3 and 4 in an illegally executed “high-risk apprehension” procedure by DPD and the
Sheriff’s Department.

After Steve and Brian’s unlawful arrests, Steve and Brian were brought to DPD headquarters for
questioning on the basis of warrants that authorized DPD to only “examine, photograph, and
fingerprint” them. Steve and Brian were placed in separate rooms.

Brian spoke freely with Det. Ermatinger without counsel, while Steve declined to do so. Over
those approximately 9 hours, Steve was neither allowed food nor use of the restroom; Brian was
given a tiny bit of food to accompany his HIV medication.

Brian spoke at length with Det. Ermatinger and described in detail Steve and Brian’s activities
before, during, and after May 13. (Brian did not yet know that DPD had been fully aware of
Steve and Brian’s activities in real time.) Brian, among other matters, spoke of:

• Watching “Live with Kelly and Michael” and calling his “Aunt Sybil” during the program to
discuss it on May 13

• Steve’s trip to Trader Joe’s at around 9 am on May 13

• Brian’s visit to the support group on May 13

• The arrival of Dr. Krot on May 15

• Krot and Brian’s trip to Austin on May 17

• Krot’s and Brian’s lengthy discussions with Krot’s attorney, Donald Grissom, in Austin
and their purpose on May 17 and May 18

• Krot’s and Brian’s return to Dallas on May 18

• Krot’s and Brian’s stop at the Belton convenience store during the return to Dallas

• Steve’s hotel reservation for Krot on May 18

• Krot’s and Brian’s stop at McDonald’s in Oak Cliff before his return to Apt 223

• The profound impact of Brian’s medications on Brian, including lethargy and change of
affect

13
Brian further informed Det. Ermatinger of:

• The absence of burns on Steve’s body

• Steve’s multiple massage clients who saw him from May 13 to May 18

• The details of Steve’s litigation involving the Aubrey Family Trust and Ira Tobolowsky

• The absurdity of Tobolowsky’s use of the word “jihad” in his defamation suit, and that
Steve had never threatened Tobolowsky

Further, Brian told Det. Ermatinger:

• To “follow the money”

• Ira Tobolowsky was serving as registered agent and/or corporate officer for an
inordinately large number of seeming “shell” companies. 5

Upon information and belief, all the activities that Brian described over the days from May 13
until illegal arrest on May 19 corresponded with information already in DPD’s possession.

While illegally detained at DPD headquarters, Steve and Brian had been stripped and a DPD
photographer took full-body photographs of both men. Steve had been examined by a man Det.
Ermatinger alleged to be a “SWAT doctor” and the “top burn specialist in the state.” (Steve and
Brian have since been unable to identify him.) The “SWAT doctor” informed Brian that Steve
had “third-degree burns” on his hands, an obvious falsehood.

Det. Ermatinger showed no interest in Tobolowsky’s financial entanglements; he seemed not to

be aware of the many companies for which Tobolowsky had served as a registered agent.
Oddly, Det. Ermatinger also showed no interest in any aspects of the interactions between
Steve and Tobolowsky.

5
Many of the companies for which Tobolowsky served as registered agent were open for a very limited
period and had registrations that were forfeited for nonpayment of taxes. This type of entity is often
referred to as a “disappearing” or “collapsing” shell company and can be used as a pass through to
launder money.

Just weeks before Tobolowsky’s death, Apartment Maintenance Services, of which Tobolowsky was a
long-time principal, had been named as a defendant by a real estate investor who alleged title fraud. The
investor alleged losses of $638,900 in Cause No. DC-16-04507. Apartment Maintenance Services shared
the office with Tobolowsky’s law practice (and currently shares with Michael Tobolowsky’s law practice).

In March 2017, Carlton Chad Sayers, one of the named defendants in Cause No. DC-16-04507, was
indicted by the U.S. Attorney’s office for the Eastern District of Texas for financial crimes affiliated with the
scheme he ran through Wellington and Franklin Financial, also named in DC-16-04507; in September
2017, Sayers pleaded guilty to wire fraud and bank fraud, and he was later sentenced to 102 months in
prison. See USA v. Sayers.

In the press coverage after Tobolowsky’s death, there was no mention of this lawsuit, other litigation, his
businesses, his business associates, or his familial connections.

14
On May 20, Steve was subpoenaed to testify in front of a grand jury convened to investigate
Tobolowsky’s death.

Within 24 hours of his interview on May 19, Brian called Det. Ermatinger to remind him of
Steve’s visit to Highland Dermatology hours after Tobolowsky’s death.

On May 23, the grand jury convened and Steve testified. The grand jury did not return an
indictment against either Steve or Brian.

From May 25 to May 31, Det. Scott Sayers swore out Affidavits 6, 7, 8, 9, and 10. Neither he nor
anyone else from DPD had made any effort to contact Highland Dermatology, Dr. Krot, her
attorney Donald Grissom, or anyone else who might corroborate Steve and Brian’s story or
provide more information to DPD about their activities on and after May 13.

By refusing to seek exculpatory evidence, DPD detectives could and did continue to present
affidavits to judges using the same falsehoods and misleading facts that Det. Ermatinger had
used in previous search warrant affidavits: exculpatory evidence would have brought the
perjured affidavits to an end. These false affidavits were then leaked to the press

When Det. Sayers swore to the search warrant affidavits, he and DPD fully knew that Steve and
Brian had not been in hiding; knew that they had been seen by many people and had gone
about their business in normal fashion, and knew that they did not have burns on their bodies
(as they had been photographed and then examined by the alleged “SWAT doctor”). He also
knew that the grand jury chose not to indict on whatever “burn” or any other evidence it
reviewed.

An affidavit is a written statement of facts that the affiant swears to be true. Yet Det. Sayers
knowingly recycled the same false narrative used by Det. Ermatinger in Affidavits 3, 4, and 5. In
Affidavits 6, 7, 8, 9, 10, and 11, Det. Sayers did not present new information borne from the
fruits of investigation via previous search warrants to solidify the case against Steve and Brian.
He could not for an obvious reason: the two men were innocent. Det. Sayers swore to the truth
of six affidavits whose narrative was known to be false.

It is Affidavits 6 and 7, with their known falsehoods, that D Magazine published in the Article in
May 2017.

From May 24 through May 26, 2016, Det. Scott Sayers, the partner of Det. Robert Ermatinger,
swore out five affidavits for search warrants: on Apt 223; Apt 911; on both Steve and Brian’s e-
mail provider, Google, Inc; and on Steve and Brian’s computers.

Despite the 11 search warrants they gathered, Det. Ermatinger and Det. Sayers had been
unable to come up with facts or evidence to support their contention that Steve and Brian were
involved in Ira Tobolowsky’s murder because Steve and Brian are innocent, which upon
information and belief Det. Ermatinger and Det. Sayers knew very well.

The obsession with the two men and the fact that other avenues of investigation were barely
explored if explored at all suggests that finding Ira Tobolowsky’s murderer as well as possible
motives were less important than finding convenient patsies for the horrific death of a highly
influential, highly connected citizen from a powerful extended family, many of whose members
are ensconced in law firms and judgeships throughout Dallas and Texas. DPD found two aging,

15
bankrupted gay men who had been upstanding, hard-working members of their communities
throughout their lives, who had no record of violence, had never threatened Ira Tobolowsky or
anyone else, and who had no motive to harm much less kill him. Steve and Brian had been
financially destroyed by a widely reported real estate scam, and upon information and belief
DPD understood that Steve and Brian had limited resources to mount a defense, especially in a
city in which the institutional connections of Ira Tobolowsky, as well as his extended family,
were powerful, deep, and wide ranging.

Premeditated Excessive Force

On May 19, 2016, Steve and Brian woke in their secondary residence at Apt 911, where they
remained until middle afternoon.

DPD homicide detective Ermatinger possessed the fraudulently obtained search warrants for
Steve and Brian, issued the night before by Judge Howard. The search warrants authorized in
pertinent part:

“... [to] examine, photograph and fingerprint said Steve within accepted practices.”

“... [to] examine, photograph and fingerprint said Brian within accepted practices.”

Although the homicide detectives had publicly indicated on May 18 that they had been unable to
locate Steve and Brian during the previous six days, they and their supervisor had known Steve
and Brian’s whereabouts exactly. Steve and Brian’s extensive call, text, and cell tower trail, as
well as credit card information already in the possession of DPD, indicated clearly that Steve
had been in Dallas since May 13 and that Brian had traveled to Austin for a night on May 17 and
returned on May 18, then both stayed at Apt 911 that night. A simple search for Steve and
Brian’s cars in front of their secondary residence would have made that clear, as presumably
happened.

However, for reasons unknown, DPDs failed to attempt contact with Steve and Brian by phone
or by legally knocking on the door and announcing themselves at Apt 911, as required by law.

Instead, Det. Ermatinger, Det. Sayers, a John Doe DPD supervisor, and unidentified DPD
employees planned a Dallas Police Department General Order 313.07 “stakeout and high-risk
apprehension operation” to execute a warrant to “examine, photograph, and fingerprint” Steve
and Brian.

This plan demonstrates that the officers on the scene on May 19 did not make split-second
judgments but had instead devised a preplanned high-risk apprehension designed to frighten
and intimidate Steve and Brian as well as put their lives at risk simply to execute a warrant to
examine, photograph, and fingerprint Steve and Brian, although they posed no threat.

Prior to its execution, DPD agreed with the Sheriff’s Dept. to work together on this stakeout and
high-risk apprehension of Steve and Brian, in violation of the U.S. Supreme Court’s knock-and-
announce minimum policy.

On May 19, following a stakeout in concealed positions and with disregard for Steve and Brian’s
right to knock-and-announce, the unidentified DPD and Sheriff’s Dept. employees assaulted
Steve and Brian with deadly force and risked Steve and Brian’s lives without cause.

16
Unidentified DPD and Sheriff’s Dept. employees waited in concealed positions for Steve and
Brian to exit their residence at Apt 911. In late afternoon, Steve and Brian exited their residence
and walked to their parked vehicle. On that summer day, Steve and Brian were wearing shorts
and short-sleeved shirts, holding nothing in their hands and carrying nothing beyond wallets,
keys, and cell phones in the pockets of their shorts.

When Steve and Brian began to back the vehicle out of the driveway, they were ambushed with
a custom and practice reserved for the likes of Pablo Escobar. Unmarked cars traveling at very
high speeds blocked Steve and Brian’s vehicle from every angle. In what appeared to be an
attack by lawless maniacs, drivers slammed their brakes as persons in unmarked clothing
jumped from vehicles with firearms drawn and pointed at Steve and Brian as they descended
upon Steve and Brian’s vehicle. (Uniformed officers and deputies appeared on the scene
moments after the attack, permitting Steve and Brian to identify DPD’s tactical division and the
Sheriff’s officers and deputies.) Though Steve and Brian posed no threat to the safety of
anyone, the approximately 15 to 20 threatening gunmen screamed at Steve and Brian to get out
of the car as they pointed firearms at Steve and Brian. The attackers then forced Steve and
Brian on the concrete with loaded guns pointed at Steve and Brian’s heads and the barrel of
one gun actually touching Steve’s head. One of the gunmen who pinned Brian to the ground
said in a low voice, “You know what you did, faggot.”

There is no evidence Steve and Brian posed a threat or exhibited threatening behavior.

There is no evidence that the unidentified DPD and Sheriff’s Dept. employees were in imminent
danger or in fear of serious bodily injury. There were no signs of any danger that would indicate
or suggest that the use of deadly force was justified.

Neither DPD nor Sheriff’s Dept. employees had authority to arrest Steve and Brian. Judge
Howard did not issue an arrest warrant on Steve and Brian. There was no cause to believe
Steve and Brian might be armed, and there was no cause to believe Steve and Brian intended
to resist. Therefore, DPD’s well-defined stipulations for use of a high-risk apprehension in no
way comported with the situation that presented on May 19 that involved examining,
photographing, and fingerprinting Steve and Brian.

On May 19, 2016, DPD and Sheriff’s Dept. employees worked together to effect the
premeditated plan that culminated with multiple firearms pointed at Steve and Brian’s heads and
the barrel of one gun physically touching Steve’s head.

DPD conspired with the Sheriff’s Dept. to conduct an unlawful stakeout and high-risk
apprehension to examine, photograph, and fingerprint Steve and Brian.

Without an arrest warrant, DPD and Sheriff’s Dept. agreed to violate Steve and Brian’s
constitutional rights with use of deadly force and arrest them.

This conspiracy demonstrates the officers who were on the scene on May 19, 2016, were not
making split-second judgments but had devised a preplanned high-risk apprehension using
deadly force to place Steve and Brian’s lives at risk and traumatize, intimidate and humiliate
them for purposes of examining, photographing, and fingerprinting them, though Steve and
Brian posed no threat to any person.

The purpose of conspiracy agreement was to intentionally violate Steve and Brian’s rights under
the Fourth Amendment to be free from unreasonable searches and seizures and violate DPD

17
General Orders 906.02(D), (E) and the Sheriff’s corresponding orders and/or policies regarding
use of firearms.

Arrest, Imprisonment, and Interrogation - May 19, 2016

On May 19, 2016, following DPD and Sheriff’s unlawful stakeout and high-risk apprehension to
examine, photograph, and fingerprint Steve and Brian, unidentified DPD officers unlawfully
arrested Steve and Brian without an arrest warrant and without Steve and Brian’s consent.

Steve and Brian never actively resisted or evaded arrest.

Instead of examining, photographing, and fingerprinting Steve and Brian at their residence,
unidentified DPD officers physically seized Steve and Brian, forced them to the concrete while
pointing loaded firearms at them, handcuffed them against their will, forced them into separate
squad cars, and took them to police headquarters without their consent, depriving them of their
liberties and violating Steve and Brian’s constitutional rights under the Fourth Amendment.

Steve and Brian had not yet eaten on May 19, and were on their way to a restaurant for yet
another appearance in public when the tactical division attacked them. Det. Ermatinger and
other DPD employees then held Steve and Brian against their will for approximately 9 hours to
interrogate them without corresponding warrant.

As part of the imprisonment and interrogation, Det. Ermatinger and other DPD employees
refused Steve’s requests of food and use of a restroom for 9 hours. Brian, in a separate
interrogation room, was given a tiny snack required to take his HIV medication and access to a
restroom because he was willing to talk to Det. Ermatinger and others. During this period, Brian
explained in detail his whereabouts from May 13–19, confirmed by the credit card and phone
record trail.

Steve was punished for not complying with Det. Ermatinger’s warrantless custodial
interrogation, and he was not given a crumb to eat for the day of May 19, unlike other properly
arrested prisoners and inmates locked up by DPD.

DPD officers arrested Steve and Brian without an arrest warrant. Without cause, DPD
imprisoned Steve and Brian for approximately 9 hours. Because Steve did not participate in the
forced interrogation, DPD imprisoned Steve and Brian against their will for approximately 9
hours and refused to feed Steve or permit him use of a restroom.

As a proximate cause from the arrest, Steve and Brian were imprisoned for approximately 9
hours, violating Steve and Brian’s constitutional right to be free from unreasonable seizures
under the Fourth Amendment.

Following Steve and Brian’s arrests, unidentified officers and Det. Ermatinger illegally seized
and impounded vehicles owned by Steve and Brian.

Det. Ermatinger had obtained search warrants on Steve, Brian, and their personal residence at
Apt 223 that did not include or permit seizure of their vehicles followed by impounding them.

The illegal seizure of Steve and Brian’s vehicles caused Steve and Brian damage in the loss of
transportation, loss of business due to lack of transportation, permanent damage to Steve’s
vehicle, and other economic damages.

18
Because Det. Ermatinger’s and Det. Sayers’ search warrant affidavits were obtained under false
pretenses, all Steve and Brian’s items confiscated by DPD, including but not limited to
computers, cell phones, clothing, safety headrests from Steve’s vehicle, power tools, and other
personal property, deprived Steve and Brian’s possession and use of the personal property,
causing economic damages to Steve and Brian. Most of the seized property has never been
returned, causing permanent damage and economic hardship, considering Steve and Brian’s
very limited economic circumstances. Some of Steve and Brian’s property was maliciously
destroyed; for example, DPD apparently intentionally smashed crystal candlesticks on the floor
at Steve and Brian’s personal residence at Apt 911 and left them for Steve and Brian to clean
(they were on a difficult-to-access high shelf).

The only property seized by DPD and returned to Steve and Brian were the two computers, both
returned after several months; one was permanently damaged.

Entrapment, Arrest and Imprisonment – October 20, 2016

On October 20, 2016, more than five months after Ira Tobolowsky’s still unexplained death, an
unknown person using the name “Ryan” sent a text to Steve’s work-related number associated
with his ad in masseurfinder.com. “Ryan” requested a massage at the Hilton Anatole hotel,
approximately 8.5 miles from Steve and Brian’s Apt 223.

Following a few texts, at 11:00 am Ryan asked Steve if they could meet for drinks in the bar and
then go to the room for the massage. Steve responded at 11:01 am that his business was
serious and declined.

Ryan was silent for 20 minutes. Upon information and belief, DPD had wanted to avoid paying
for a room and to publicly bust Steve for prostitution in the bar. Upon information and belief,
DPD was obtaining approval to book a room at the Hilton hotel to entrap Steve.

At 11:12 am, Steve sent Ryan a text stating: “I assume that we do not have an appointment and
2 pm is off?”

Finally, at 11:20 am, Ryan replied, saying: “We are still on for 2.” Steve asked Ryan for the room
number, and Ryan responded he had not checked in yet and would let Steve know. Later, Ryan
sent the room number and they agreed to meet at 2:15 pm.

At 1:47 pm, Ryan sent a text stating: “Let me know when you get here.”

At 2:15 pm, Steve sent a text stating: “Just parked.”

Steve unpacked his massage table and supplies, entered the hotel, and several minutes later
knocked on the door of Room 1095. “Ryan” answered and let him in.

As Steve was setting up his table, Ryan repeatedly tried to give Steve money. Steve told him he
did not take money up front before the session.

At approximately 2:25 pm, Ryan put money on the desk and excused himself into the bathroom.
Moments later, several unidentified uniformed DPD officers with guns flashing busted through
the front door and arrested Steve.

19
The officers walked Steve out of the hotel in handcuffs, leaving his belongings behind. Before
shutting the door of the squad car, one of the officers held up a clear plastic bag with money in it
and asked, “This is the money you accepted, right?” Steve said no he did not. The officer asked
the same question several times with small variations, but Steve did reply in the affirmative.

Steve’s arrest was against his will, and the restraint was unreasonable under the circumstances.

Unidentified DPD sources immediately began distributing false information about the arrest for
“prostitution” to local media outlets, all designed to cast Steve in the worst possible light to
further damage Steve and Brian. The false information was published in D Magazine’s Article as
follows: “Steve agreed to masturbation and sexual intercourse for $300.” This is a blatantly false
statement. There is no evidence whatsoever to support these fabricated statements.

To create the impression that Steve had accidentally run into an ongoing police operation at the
hotel and had not been set up by DPD, DPD falsely told the media that Steve was arrested
because “police were running an undercover investigation into the website masseurfinder.com.”
Upon information and belief, police were not investigating the website and “Ryan” did not call
any other number advertised on masseurfinder.com. Steve was the lone target, and DPD
entrapped and then falsely arrested him.

Because DPD arrested to harass him as well as to isolate and frighten Brian. (Infra. ¶¶ 320–33),
DPD’s evidence did not support the allegations, the State of Texas never prosecuted the case
and the charges were dropped. Nevertheless, to harass Steve further, the State held the
prostitution charge on the books for two years, requiring Steve to pay an attorney to make 14
appearances at hearings until the statute of limitations had run out on the charge on October 19,
2018 and the proceeding was terminated.

From the moment of his arrest, Steve suffered humiliation and public ridicule. Steve had never
been implicated in or arrested for prostitution, and the public shaming on false charges is
humiliating and painful. The agony is compounded by the knowledge that the police officers in
charge of investigating the matter prosecuted him on a completely baseless action. All of this
caused and continues to cause Steve to suffer depression, insomnia, nightmares, and constant
anxiety of the most extreme nature. Steve’s and Brian’s reputations have been permanently
damaged, including Steve’s professional reputation causing economic loss.

The entrapment and arrest of Steve constituted the first act of extortion in this action. The Dallas
Police Department obtained several items of Steve’s property, including his massage table and
supplies, and a required payment of $500 bail money. This taking of property was induced by
wrongful use of actual or threatened force, violence, and fear, and under color of law. DPD
officers had no basis to investigate Steve as there had never been a complaint filed about his
business practices. Without probable cause, DPD conducted the sting operation on Steve
alone.

Extortion can include the threat to accuse another person of a crime or to expose a secret that
would result in public embarrassment or ridicule. The threat does not have to relate to an
unlawful act. Extortion may be carried out by a threat to tell the victim’s spouse that the victim is
having an illicit sexual affair with another. DPD exposed Steve to ridicule as, once again, they
leaked Steve’s arrest to the media so that Steve’s face and picture would be prominently
displayed and featured in the Dallas Morning News and linked to prostitution.

20
This act of extortion subjected Steve to public ridicule and scorn, causing economic damage.
This incident was yet another “surprise attack” upon Steve and Brian.

DPD’s willful and purposeful threat and taking of property was unauthorized.

Because Steve’s arrest was unlawful, DPD committed theft when it appropriated his property
with the intent to deprive Steve his property.

The value of the property stolen was greater than $20,000 and included Steve’s car, cell phone,
massage table and supplies, $500 bail money, and the payment of a $3,000 retainer to his
criminal defense attorney.

Det. Ermatinger and Det. Sayers illegally

trespassed into Steve and Brian’s residence

On October 20, 2016, Brian woke from a groggy sleep to find Det. Ermatinger perched next to
him in bed, tapping Brian’s leg, and Det. Sayers standing next to him in Brian’s darkened
bedroom.

Just as Steve was being falsely arrested across town for prostitution, Det. Ermatinger and Det.
Sayers had illegally entered Steve’s and Brian’s residence and the intimate space of Steve and
Brian’s bedroom without a warrant.

Minutes before, Brian had heard knocking while sleeping, but when he went to the door, he
could see no one through the peephole. In response, Brian attempted to call Steve at 2:29 pm
and again at 2:30 pm, the very minutes Steve was being arrested. At 2:31 pm, Brian sent Steve
a text, stating: “Someone knocking/I can’t see anybody,” but Steve could not reply because his
phone had been confiscated.

Brian went back to sleep after sending Steve the text.

Minutes later, Det. Ermatinger and Det. Sayers illegally entered Steve and Brian’s apartment,
without a warrant and with confirmed knowledge that Steve was not present.

Det. Ermatinger and Det. Sayers had gained entry into the apartment via a key given to them by
Steve and Brian’s landlord after the detectives lied to him about “conducting a welfare check.”

Neither Det. Ermatinger nor Det. Sayers had attempted to call Brian to check his welfare.
Instead, they trespassed into Apt 223 and into the bedroom where Brian slept.

The first words from Det. Ermatinger’s after Brian awoke were: “We arrested Steve.”

Upon information and belief, Det. Ermatinger’s and Det. Sayers’ intention was for Brian to
believe Steve had been arrested for the murder of Ira Tobolowsky and to interrogate Brian
without the presence of an attorney and/or Steve.

Upon information and belief, Det. Ermatinger and Det. Sayers were seeking incriminating and/or
self-incriminating statements from Brian, whom they viewed as “fragile,” loquacious, vulnerable,
and heavily medicated.

Det. Ermatinger’s and Det. Sayers’ illegal entry shocked and frightened Brian.

21
While lying in bed, Brian asked Det. Ermatinger and Det. Sayers if they had spoken with Steve’s
dermatologist at Highland Dermatology, whose office Steve had visited hours after Ira
Tobolowsky’s death. The detectives said they had not done so. By refusing to seek exculpatory
evidence, DPD detectives could continue to present the same falsehoods and misleading facts
to the press and others.

Assuming there must be victims who suffered financial loss as a result of Ira Tobolowsky’s
business practices, Brian asked Det. Ermatinger repeatedly if he had made any efforts to “follow
the money.” Ermatinger did not reply.

The motive behind Det. Ermatinger’s and Det. Sayers’ illegal and warrantless search was to
harass and intimidate Brian. In fact, Det. Ermatinger made sure to mention his visit to Brian’s
mother at the C.C. Young rest home and was surprised he did not know about it. As Det.
Ermatinger and Det. Sayers were leaving the apartment, Brian told them he had been to the
courthouse to examine Det. Ermatinger’s affidavits and that he was alarmed at the false “facts”
they had used in search warrant affidavits.

While Det. Ermatinger and Det. Sayers were in Steve and Brian’s bedroom on October 20, 2016
after illegally entry, Det. Ermatinger told Brian that he had interviewed Brian’s 93-year-old
mother a few days prior at the C.C. Young assisted living facility in Dallas. Det. Ermatinger’s
harassing visit had terrified Brian’s mother, who can only remember feeling afraid and wishing
him to leave. Mrs. Brian felt such shame that she did not tell Brian about the detective’s visit.
Det. Ermatinger caused severe damage to Brian’s relationship with his aging mother, which in
turn caused severe damage to Brian’s relationship with his entire family, who came to believe
Brian was involved in the murder.

Det. Ermatinger did not visit, harass, question, or frighten Steve’s mother Betsy Aubrey, who
was not frail and living in a retirement home. Betsy Aubrey had been Ira Tobolowsky’s client.
The fact that Det. Ermatinger did not interview Betsy Aubrey indicates a peculiar lack of interest
in determining the facts of the case and a pointed effort to upset Brian.

Det. Ermatinger and Det. Sayers extracted value from Brian in denying Brian the quiet
enjoyment of his personal residence. Det. Ermatinger and Det. Sayers could reasonably foresee
that asking Steve and Brian’s landlord for a key to unlock Steve and Brian’s personal residence,
without cause, would injure Steve and Brian. Their unjustified actions caused severe damage to
the good relationship Steve and Brian had cultivated with their landlord.

The combined acts of DPD, Det. Ermatinger, and Det. Sayers, including: 1) using excessive
force, assault, false arrest, and false imprisonment to execute a warrant to photograph Brian on
May 19, 2016; 2) traumatizing Brian’s 93-year-old mother about the investigation into Ira
Tobolowsky’s murder; and 3) illegally entering Brian’s apartment to frighten and interrogate him,
under false pretenses and without a warrant, constituted a threat to Brian’s personal safety and
quiet enjoyment of his life, liberty, and pursuit of happiness.

Detective Ermatinger “Just Can’t Quit” Steve and Brian:

Coordinated Efforts to Intimidate, Threaten, Traumatize, and Humiliate Steve and Brian

In August 2016, the Tobolowsky family had released information from the coroner’s report —
three months after Ira Tobolowsky’s death — that declared that his death was not an accident,
and stories in the media again appeared that named Steve and Brian. (It is unclear why the

22
coroner’s office had required three months to render an official cause of death for Ira
Tobolowsky.)

By October 2016, Steve and Brian had come to believe the worst had passed in the Ira
Tobolowsky murder investigation. Although Steve and Brian’s reputations and lives had been
destroyed by the baseless, evidence-free claims floated by DPD, Judge Moyé, and associates
of Ira Tobolowsky immediately upon Tobolowsky’s death and thereafter, the absence of
indictment by the grand jury in May 2016, lack of interest or inquiries from DPD after May, and
their own innocence had led Steve and Brian to believe that questions about their alleged role in
the death had been resolved. Steve and Brian were unprepared for what came next: a
coordinated, for-profit setup.

Unknown to Steve and Brian, Det. Sayers had perjured himself again by submitting a search
warrant affidavit on October 5, 2016 with the same known falsehoods used in earlier affidavits in
May, “facts” he knew were false. (The affidavit that Det. Sayers swore to on October 5, 2016, is
the 11th and last known affidavit. There may be others.)

On October 20, 2016, DPD lured Steve to a hotel for a phony massage appointment to arrest
him on a false charge of prostitution. DPD entrapped Steve at a time and place — over eight
miles away from Apt 223 — arranged by DPD.

The false arrest was the first step in an elaborate sting and harassment operation coordinated
between DPD and the Tobolowsky family.

Just as Steve was being led away in handcuffs, Brian awoke to find Det. Ermatinger perched on
the bed beside him. Det. Ermatinger immediately informed Brian that Steve had been arrested
without telling him the charge. (Id. ¶¶ 320–33)

Upon information and belief, the purpose of Steve’s arrest was to not only humiliate Steve but
also to separate Steve from Brian for a lengthy period in the hope that Brian would make
unguarded statements without Steve or counsel, as well as to record it.

Upon information and belief, the further purpose of Det. Ermatinger’s and Det. Sayers’ illegal
entry into the intimate space of Steve and Brian’s bedroom was to shock, upset, and disorient
Brian and to elicit discombobulated, Depakote- and Seroquel-fueled statements in which he
would self-incriminate, incriminate Steve, and/or provide recorded material for purposes other
than law enforcement, such as programming content.

Brian did none of those things. Brian’s questions to Det. Ermatinger and Det. Sayers about why
they had not “followed up” with Highland Dermatology, the false story they had peddled in their
sworn affidavits, and his stress on the need to “follow the money” to solve Tobolowsky’s murder
did not provide the “content” that Det. Ermatinger and Det. Sayers sought. Det. Ermatinger and
Det. Sayers left after approximately 10 minutes.

Following the news from Det. Ermatinger and Det. Sayers that Steve had been arrested, Brian
was distraught and anxious while he waited for news from him, as DPD had previewed. (Brian
still did not know on which charge Steve had been arrested; he assumed it was for the murder
of Tobolowsky). Steve’s case, meanwhile, was being slow-walked at the county jail, as Steve
watched those who had entered after him leave to appear before a judge and be formally
charged while he remained in the holding area.

23
In the evening, while waiting for news from Steve, Brian ran out to pick up something to eat.
Upon his return to Apt 223, two strangers approached him in the parking lot. The two — a male
and female, both approximately in their 40s — identified themselves as “investigators working
for Ermatinger and Debbie Tobolowsky.” The two “investigators” asked Brian if he would answer
questions about Ira Tobolowsky’s death.

Brian invited the two “investigators,” who never gave their names, into Apt 223 to offer
assistance. The two asked a few questions but quickly told Brian that the media would soon
descend on the apartment as news of Steve’s arrest became public and that it would be best if
he quickly packed a bag to stay overnight at a hotel, for which they would pay. (Although news
of Steve’s arrest was not yet public, the “investigators” were aware of it. They, too, failed to ever
inform Brian of the arrest charge. D Magazine’s article of May 2017 identifies these two as
“private investigators” hired by the Tobolowsky family and that they had been “tipped” to news of
Steve’s arrest.)

Disoriented, distraught, alone, exhausted by months of public smearing, shaming, and

suspicion, and wrapped in a heavy fog of Depakote and Seraquel, Brian acceded to the request
of the strangers, who had identified themselves as working with Det. Ermatinger.

The trip to the hotel was the third act of the setup: to isolate the vulnerable Brian, whom they
perceived as pliant and fragile, with persons connected to the Tobolowsky family to question
and film him, alone. Although Brian had previously repeatedly offered assistance to Det.
Ermatinger, Det. Ermatinger had never followed up. The cruel charade at the hotel was devised
because there was no evidence DPD could use to obtain an arrest warrant to question Brian
again, alone. (Brian is no longer prescribed these medications.)

The Tobolowsky investigators drove Brian to a nearby DoubleTree Hotel, where they had
already reserved a room and had the key. The two strangers were in control: they led Brian into
the room and stayed while Brian waited for news from Steve. Brian and the male investigator
watched a football game as the man asked Brian questions about Steve such as “did Steve do
it?” The man was secretly filming Brian with a video pin throughout. The woman continuously
came and went from the room, taking calls from “Ermatinger” because they were “working with
Ermatinger,” she said, and speaking on her phone only in the hall.

While being recorded, Brian never implicated himself or Steve, because Steve and Brian are
innocent.

After approximately two hours, the two Tobolowsky investigators abruptly disappeared, leaving
Brian alone in the hotel room without a “goodbye.” Not long after, Steve was released from the
county jail.

At the county jail, Steve had been detained at length, far longer than anyone else. The holding
area had turned over three times before he was released; this indicates close coordination
between the Tobolowsky “investigators,” DPD, and Sheriff deputies. Steve, upon calling Brian,
told Brian to immediately take his things and “get out,” and the two eventually returned to Apt
223.

The fourth act of the setup and harassment started the following day. On October 21, as Brian
walked alone to his car, the male “investigator” whom he had met the night before jumped from
between parked cars, startling him, screaming repeatedly, “Brian, you’re in danger!” and “Get

24
out of here!” while waving his gun at him. Shocked, frozen with fear, and feeling extremely
vulnerable, Brian returned to Apt 223.

Over the next several days, two Tobolowsky “investigators” — less “investigators” than hired
goons with guns — repeated the same routine of harassment. As Steve and Brian approached
their car, the two surprised Steve and Brian from between parked cars while yelling and waving
their guns. However, Brian was the especial target of the harassment as they screamed his
name only — “Brian, get out of there, you’re in danger!” — implying he was unsafe with Steve.

On October 26, soon after these events, while in court before Judge Donald Cosby, Steve
confronted Michael Tobolowsky about the “investigators’” stalking and harassment of Steve and
Brian. Michael Tobolowsky smiled and did not deny that he had hired the “investigators” to
harass Steve and Brian. 6

Unsurprisingly, following these acts, Steve and Brian felt extremely unsafe. Det. Ermatinger and
Det. Sayers had entered their home without a warrant and could so again. Steve and Brian were
threatened by screaming, gun-waving goons in their parking lot. DPD had entrapped Steve and
publicly smeared him, and his picture and name was featured prominently in news outlets that
blanketed Dallas identifying him as a male prostitute (making it almost impossible to earn an
income, upon which Steve and Brian depended). The Tobolowsky family and DPD had (and
have) vast resources and power and had demonstrated continuing use of extralegal as well as
extrajudicial means to achieve their ends. 7

6
After Judge Moyé recused himself from Cause No. DC-15-08135 on May 18, 2016, the Texas State
Supreme Court appointed Tarrant County District Judge Donald Cosby to the case. Michael Tobolowsky,
one of Ira Tobolowsky’s sons, had chosen to continue the defamation suit his father had filed against
Steve and Brian. In this exchange on October 26, Judge Cosby’s response to information that persons
hired by Michael Tobolowsky were harassing Steve and Brian while waving guns at them in public was
that he was “not sure” about what exactly was legal conduct for “investigators,” and he did not admonish
Michael Tobolowsky or ask him to refrain.

During that hearing, Judge Cosby threatened to place Steve and Brian in debtors’ prison for the unpaid
sanctions accreted via Judge Moyé: “I think that is an option I can explore,” Judge Cosby said (a direct
quote or close approximation).

It is Judge Cosby who entered the $5.5 million judgment in the defamation case in May 2017 on the one-
year anniversary of Ira Tobolowsky’s death and several weeks after D Magazine Defendants’ had
published the Article featuring Steve and Brian as the murderers; that amount was later reduced to $1
million on appeal. Judge Cosby later said he had read the highly prejudicial, defamatory Article.

Because Steve and Brian have been “run out of town” by Tobolowsky-hired goons, they have been
unable to attend near-monthly hearings in front of Judge Cosby. Judge Cosby has consistently refused to
allow Steve and Brian to conference telephonically (except for a single instance), thus guaranteeing
orders and judgments against them.
7
After Steve identified the vehicle of one of the “investigators” stalking Steve and Brian in the parking lot
of Apt 223, he asked building management about the owner’s identity, to which he received an odd and
unsatisfactory answer. How and under what pretences these “investigators” presented themselves to
building management, what identification they used, and how it was they felt free to waive guns and
threaten Steve and Brian in a public area in which posted signs indicated “no trespassing” and “no
firearms” is unclear.

25
Steve and Brian, no longer safe in their own home, chose to leave the state and broke their
lease (which seriously impacted their excellent credit ratings). DPD and those coordinating with
them had literally “run” Steve and Brian out of town. 8

Upon information and belief, DPD’s actions of October 2016 — Det. Ermatinger’s visit to Brian’s
93-year-old mother in the rest home, the entrapment of Steve on a charge for which he was
never prosecuted, the illegal entry into Steve and Brian’s bedroom while Brian slept, the
Tobolowsky investigators’ hotel room operation with Brian and secret filming, as well as
Tobolowsky-hired goons stalking and harassing Steve and Brian — was to push Brian, whom
they viewed as “fragile,” past the breaking point to destroy his psyche and will to generate a
false confession or incrimination of Steve, and/or to enrage Steve to lead him to behave in a
way that self-incriminated, or for other as yet unknown purposes.

Upon information and belief, the investigators who stalked Steve and Brian were off-duty DPD
employees hired by the Tobolowsky family who were coordinating efforts with DPD generally
and Det. Ermatinger specifically, in a semi-official or “off the books” operation. Upon information
and belief, the goal of these activities was to elicit from Brian a false confession and/or for him
to falsely incriminate Steve so as to earn payment from the Tobolowsky family via reward
money. (The Tobolowsky sons had by then become fixated on Steve and Brian, clearly
described in the Article.)

Upon information and belief, Det. Ermatinger, Det. Sayers, and others further sought to
generate content for “The First 48,” the “reality” program on A&E on which Det. Ermatinger had
been previously featured. The elaborate setup of October 2016 took place in the weeks before
Det. Ermatinger retired. Upon information and belief, Det. Ermatinger had wished to “go out with
a win” by “solving” a notorious murder and closing the case, despite the truth and through
whatever spurious means, and perhaps generate income post-retirement. The video collected
by the Tobolowskys’ investigators — which DPD could not obtain legally — could be used for
such content. 9

All of these acts are cruel, sadistic, and extortionate of two men who had in the previous year
seen their finances destroyed and then their lives and reputations smeared and shattered after
years of hard work and “playing by the rules.” They had been identified locally, nationally, and
even internationally as the likely murderers of Ira Tobolowsky and continue to be so via the
online version of the D Magazine Defendants’ Article. (Infra Section M, D Magazine’s Article.)
Steve and Brian lack the vast resources and institutional access — of DPD, the courts, and
media outlets — that the Tobolowskys and their extended family enjoy.

8
As Steve and Brian drove their rented truck away from Apt 223, an unmarked vehicle followed them out
of Dallas, a car Steve and Brian had seen at length in front of the apartment management office. When
Steve and Brian arrived at their new residence multiple states distant, local police remained stationed in
front of their home for hours at a time over two weeks, severely impacting their reputation, their
relationship with new neighbors, and their sense of safety.
9
The Tobolowsky family seems to have hired private investigators in early October, according to the
Article, around the time the 11th perjured search warrant was sworn to by Det. Sayers on October 5. The
Article notes that Det. Ermatinger was worried about his City pension and that informed his decision to
retire. The last segment of “The First 48” on which Det. Ermatinger had appeared was originally
broadcast in 2013.

26
The harassment is ongoing. Det. Ermatinger’s public identification of Steve and Brian as “strong
suspects” in the Article of May 2017, the online version of the Article that remains available, a
billboard on the Central Expressway in Dallas paid for by the Tobolowsky family that offered a
“$25,000 reward” for information on “Who Murdered Ira Tobolowsky,” and an image of the
billboard in the Article that remains online, has effectively put a bounty on Steve and Brian’s
heads. Cars with darkened windows idle for hours in front of their home; unknown persons are
seen underneath their cars; unknown vehicles appear for no reason. Upon information and
belief, these persons seek to gather information that will gain them the reward and/or
“investigators” hired by the Tobolowsky family to stalk and harass them. (An online search of
“Who Murdered Ira Tobolowsky” finds Steve and Brian’s names hundreds if not thousands of
times, with D Magazine’s articles at or near first position; various means have been used to
manipulate the results of a keyword search for “Ira Tobolowsky” as well as names of Steve and
Brian.)

Who Killed Ira Tobolowsky?

27