IN THE THIRD DISTRICT COURT - ALL DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH SEARCH WARRANT. No

Transcription

1 IN THE THIRD DISTRICT COURT - ALL DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH SEARCH WARRANT No COUNTY OF SALT LAKE, STATE OF UTAH To any peace officer in the State of Utah: Proof by Affidavit made upon oath or written affirmation subscribed under criminal penalty of the State of Utah having been made to me by Detective JOHN E DIETRICH of West Valley City Police, this day, I am satisfied that there is probable cause to believe THAT On the premises known as 5040 West Odell Drive, West Valley City, Utah 84120, further described as a single level residence. The exterior walls of the residence are constructed of white brick with white colored wood paneling. The numbers 5040 are clearly displayed in black numbers with a white background on the front porch step of the residence of the home on the south side of the residence facing Odell Drive. Within the curtilage of the property: The area of land which immediately surrounds the dwelling-house and yard, out buildings, rooms, attics, basements, all locked containers and all vehicles on the property.; In the City of West Valley City, County of Salt Lake, State of Utah, there is now certain property or evidence described as: Articles tending to establish the identity of persons in control of the premises sought to be searched including rent receipts, utility receipts, and addressed envelopes, and other fruits or instrumentalities of crimes of homicide. Items to include blood and/or DNA evidence, items marked by and/or used to clean up DNA or blood evidence, fiber and/or trace evidence. Bodily Fluids to include but not limited to blood, Semen, Urine, Saliva or Spittle, Feces, Vaginal Fluid. - Page 1 of Search Warrant No

2 Towels, Fabric, a blue shirt and khaki colored shorts, and or other Materials used to clean evidence from the crime scene. and that said property or evidence: Was unlawfully acquired or is unlawfully possessed; has been used or is possessed for the purpose of being used to commit or conceal the commission of an offense; or is evidence of illegal conduct. Affiant believes the property and evidence described above is evidence of the crime or crimes of of sexual assault and homicide.. YOU ARE THEREFORE COMMANDED: to make a search of the above-named or described person, vehicle, and/or premises for the herein-above described property or evidence and if you find the same or any part thereof, to bring it forth with before me at the THIRD DISTRICT COURT - ALL DEPARTMENT, County of Salt Lake, State of Utah, or retain such property in your custody, subject to the order of this Court. Dated: 17th day of July, 04:42 PM /s/ - Page 2 of Search Warrant No

3 IN THE THIRD DISTRICT COURT - ALL DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH AFFIDAVIT FOR SEARCH WARRANT STATE OF UTAH ) :ss County of Salt Lake ) The undersigned affiant, Detective JOHN E DIETRICH of West Valley City Police, upon an oath or written affidavit subscribed under criminal penalty, declares: That your affiant has reason to believe: THAT On the premises known as 5040 West Odell Drive, West Valley City, Utah 84120, further described as a single level residence. The exterior walls of the residence are constructed of white brick with white colored wood paneling. The numbers 5040 are clearly displayed in black numbers with a white background on the front porch step of the residence of the home on the south side of the residence facing Odell Drive. Within the curtilage of the property: The area of land which immediately surrounds the dwelling-house and yard, out buildings, rooms, attics, basements, all locked containers and all vehicles on the property.; In the City of West Valley City, County of Salt Lake, State of Utah, there is now certain property or evidence described as: Articles tending to establish the identity of persons in control of the premises sought to be searched including rent receipts, utility receipts, and addressed envelopes, and other fruits or instrumentalities of crimes of homicide. Items to include blood and/or DNA evidence, items marked by and/or used to clean up DNA or blood evidence, fiber and/or trace evidence. Bodily Fluids to include but not limited to blood, Semen, Urine, Saliva or Spittle, Feces, Vaginal Fluid. - Page 1 of Affidavit for Search Warrant No

4 Towels, Fabric, a blue shirt and khaki colored shorts, and or other Materials used to clean evidence from the crime scene. and that said property or evidence: Was unlawfully acquired or is unlawfully possessed; has been used or is possessed for the purpose of being used to commit or conceal the commission of an offense; or is evidence of illegal conduct. Affiant believes the property and evidence described above is evidence of the crime or crimes of of sexual assault and homicide.. The facts to establish the grounds for issuance of a Search Warrant are: Your affiant, John Dietrich, is presently a Detective with the West Valley City Police Department, State of Utah. Your affiant has received training from Utah Peace Officers Standards and Training. Your affiant has received specialized training in narcotics identification, drug interdiction, mobile surveillance, informant management, undercover operations, vice enforcement, identity fraud and has attended a basic investigations course. Your affiant has received training from various professional associations such as: Utah Narcotic Officers Association, Rocky Mountain High Intensity Drug Trafficking Areas and training in gang related investigations. Your affiant has been a Certified Police Officer for approximately Fourteen years and currently employed with the West Valley City Police Department for Fourteen years. Your affiant is currently assigned to the Investigations Division. Your affiant was previously assigned to the Special Investigations Unit, the Property Crimes Unit investigating property crimes which include fraud, forgery, burglaries and theft. Your affiant has also previously served in the Patrol Division. Your affiant has conducted organized investigations relating to property offenses, narcotic offenses and vice operations and has made numerous arrests as a result of these investigations. Your affiant has been involved with executing search warrants that have resulted in the seizure of illegal drugs, firearms, stolen property and evidence of other criminal violations. Your affiant has supervised the activities of informants who have provided information and assistance resulting in the prosecution of offenders on various criminal investigations. Your affiant advises the court that he and other officers from the West Valley City Police Department are actively conducting a death investigation concerning a criminal homicide that has occurred in an open field located behind the residential address of 3611 south 5200 west, West Valley City, Utah. - Page 2 of Affidavit for Search Warrant No

5 Your affiant advises the court that he made contact with Detective Stanworth who is a Detective with West Valley City Police and is assigned as one of the lead investigators in this incident. Detective Stanworth advised your affiant that on July 17, 2015 at 1:15 hours an adult female who identified herself as Deshawn Undergust made in person contact with Officer Beardshall at the 7-11 convenience store located at the address of 4807 west 3500 south West Valley City Utah in regards to her twelve year old daughter who had recently become missing. Officer Beardshall advised Detective Stanworth that Ms. Undergust reported that on July 17, 2015 at the approximate time of midnight hours a person described as a white male approximately 5 3 in height, with red hair and freckles, approximately fourteen years of age and wearing a blue shirt and Khaki colored shorts knocked on her residence door which is located at the address of 5013 west Cree Drive in West Valley City. Ms. Undergust reported that the door was answered by her juvenile daughter who will be known as K.V. The male asked for K.V. s assistance in locating his cat and K.V left the residence with this male and agreed to help this male look for the cat. Your affiant advises that Officer Beardshall reported this complaint to West Valley Police dispatch and requested additional police assistance in locating K.V. Your affiant further advises the court that Mrs. Undergust informed Officer Beardshall that she has been attempting to locate K.V. and has been unsuccessful in contacting her through her cell phone or in the immediate area. Your affiant advises the court that Mrs. Undergust described K.V. as a twelve year old Native American female with dark hair last seen wearing black colored flannel pajama bottoms with the batman logo on them and wearing a shirt with a pink cape on the back of the shirt. Your affiant advises that West Valley City Police Officers were dispatched to this area to assist in attempting to locate K.V. and began to search the area as well as attempting to locate K.V. utilizing K.V. s cell phone GPS coordinates information. Your affiant further advises that at the approximate time of 2:41 hours information received from K.V. s cell phone coordinates information placed K.V. s cell phone within 88 meters of latitude , longitude Your affiant advises that after additional research conducted by Police dispatch the Latitude and Longitude information equated to the address of south 5200 west in West Valley City. Detective Stanworth told your affiant that West Valley City Officers began to conduct a yard to yard search in this area for K.V. Your affiant advises the court that at the approximate time of 2:55 hours Officer Frederickson who is a West Valley City Police Officer advised Police Dispatch that he was in an open field behind the approximate address of 3603south 5200 west and had located a female lying on the ground at this location who was unresponsive and not believed to be breathing. Detective Stanworth told your affiant that this female had a similar physical description and appearance of the missing juvenile K.V. and that this female was not clothed and lying on her back with her legs spread apart. - Page 3 of Affidavit for Search Warrant No

6 Your affiant advises the court that he made contact with Detective Carver who is a Detective with West Valley City Police and assisting in this investigation. Detective Carver told you affiant that he had obtained a photo of K.V. during this investigation. Detective Carver told your affiant that he responded to the field where the female had been located and he observed that the female was lying on her back and not clothed. Detective Carver advised that in close proximity to this female he observed dark colored flannel pajama pants with prints on them as well as a red cape and flip flop style shoes and that he observed an item of clothing wrapped the female s neck. Your affiant further advises that Detective Carver told your affiant he compared the photo he had obtained of K.V. to the female lying on the ground and from what he could observe by looking at the female s face he was successful in positively identifying her as K.V. Detective Carver also advised your affiant that he observed injuries in the form of scratch marks on her breasts that appeared to be recent. Your affiant advises the court that the open field where K.V. is located is at the address of 3611 South 5200 West and the owner of the property has been identified as Scott Griffith. Your affiant further advises that Mr. Griffith has provided written consent to enter onto his property in regards to the open field to search for items of evidentiary value and recover the body related to this investigation. Your affiant advises the court your affiant made contact with Detective Aulai who is a Detective with West Valley City Police. Detective Aulai told your affiant that while he was assisting in this investigation he made contact with a concerned citizen who identified herself as Melanie Thygerson. Ms. Thygerson informed Detective Aulai that she lives in the same neighborhood as K.V. and informed him that a male juvenile who will be known as J.S. described as a white male approximately fifteen years of age, with red hair knocked on the residential door of Ms. Thygerson s home on July 16, 2015 at approximately 11:30 PM and asked her to speak with her granddaughter for assistance in searching for his pregnant cat. Your affiant further advises that the Ms. Thygerson did not allow her granddaughter to leave the home with J.S. Detective Aulai told your affiant that during his conversation with Ms. Thygerson he was advised that she is familiar with J.S. and knows him because she used to provide care for J.S. s older physically disabled sibling and she attends the same church as J.S. s maternal grandmother. Detective Aulai told your affiant that during his conversation with Ms. Thygerson he learned that J.S. lives in at the address of 5040 West Odell Drive in West Valley City. As J.S. matches the physical description as the person who K.V. left her home with to assist in looking for his cat, your affiant advises that Detective Aulai responded to the address of 5040 West Odell Drive and made contact with the residents at this home. Detective Aulai told your affiant that he spoke with the home owner identified as Destiny Sterzer and verified that her son is named J.S. and verified that J.S. does live at this residence. Detective Aulai told your affiant that Destiny - Page 4 of Affidavit for Search Warrant No

7 woke J.S. up from sleeping at the approximate time of 7:30 AM on the same day, July 17, 2015, and he was picked up for school at the approximate time of 8:15 AM. Your affiant advises the court that he spoke with Detective Stanworth who advised your affiant that he made contact with J.S. and conducted a recorded interview with J.S. Detective Stanworth told your affiant that during this post Miranda interview J.S. he informed Detective Stanworth that he had spent time with a female matching the description of K.V. last night during the time period K.V. was missing from her home. J.S. also informed Detective Stanworth that he was in a field with K.V. during this time period. Detective Stanworth also advised your affiant that while conducting the interview with J.S. he observed a small amount of red substance that is believed to be consistent with blood on the right shoe J.S. was wearing. Your affiant advises the court that J.S. was last seen with K.V. and that he admitted to being with K.V. during the time frame of her disappearance. Your affiant believes it is probable that J.S. was involved in the death probable sexual assault of K.V. and that when he left K.V. he returned to his the residence located at 5040 West Odell Drive. Your affiant advises the court that J.S. did have an opportunity to conceal or discard evidence involved in this homicide incident inside or outside of his residence. Your affiant advises the court that he believes there are items of evidentiary value related to this investigation located at the residence of 5040 West Odell Drive. Your affiant further advises that West Valley City Police Detectives are currently on scene and have secured this residence verifying that no property has been removed or discarded during the time period the residence has been secured. Your affiant prays for a warrant to search 5040 West Odell Drive West Valley City Utah 84120; and search for evidence relating to the criminal offense of a homicide and sexual assault. Your affiant prays for a warrant to search for documents and residency papers that will identify all occupants that reside at the location. Your affiant prays for a warrant to search the residence for Articles tending to establish the identity of persons in control of the premises sought to be searched including rent receipts, utility receipts, and addressed envelopes, and other fruits or instrumentalities of crimes of homicide. Items to include blood, hair, and/or DNA evidence, items marked by and/or used to clean up DNA or blood evidence, fiber and/or trace evidence. Bodily Fluids to include but not limited to blood, Semen, Urine, Saliva or Spittle, Feces, Vaginal Fluid. Towels, Fabric, a blue shirt and khaki colored shorts, and or other Materials used to clean evidence from the crime scene and other fruits or instrumentalities of the crime of sexual assault and homicide. Your affiant advises the court that he has probable cause to believe that a sexual assault and criminal homicide occurred in the field located on the property of Page 5 of Affidavit for Search Warrant No

8 South 5200 West in West Valley City Utah. Your affiant bases his probable cause on the above listed information. Your affiant has reviewed the warrant affidavit with Deputy District Attorney Robert Stott. WHEREFORE, the affiant prays that a search warrant be issued for the seizure of said items at anytime, day or night with notice of authority because officers are currently on scene, securing the residence and there is reason to believe it is necessary to seize the property prior to it being concealed, destroyed, damaged, or altered. This affidavit has been reviewed by Bob Stott of the Salt Lake County Office, and it has been approved for presentation to the court. WHEREFORE, your affiant prays that a Search Warrant be issued for the seizure of said items. I declare under criminal penalty of the State of Utah that the foregoing is true and correct. Executed on: 17th day of July, 04:36 PM by /s/ JOHN E DIETRICH - Page 6 of Affidavit for Search Warrant No

9 RETURN TO SEARCH WARRANT NO The personal property listed below or set out on the inventory attached hereto was taken from the person of 5040 West Odell Drive, WVC UT, by virtue of a search warrant dated the 17th day of July, 2015, and issued by Magistrate CATHERINE ROBERTS of the THIRD DISTRICT COURT - ALL DEPARTMENT: 1. Dark Colored T-Shirt in Brown Bag. 2. Faded Blue color Denim Shorts with Red/Brown stain. I, Detective JOHN E DIETRICH of West Valley City Police, by whom this warrant was executed, do swear that the above listed or below attached inventory contains a true and detailed account of all the property taken by me under the warrant, on the 17th day of July, All of the property taken by virtue of said warrant will be retained in my custody subject to the order of this Court or of any other court in which the offense in respect to which the property, or things taken, is triable. I declare under criminal penalty of the State of Utah that the foregoing is true and correct. Executed on: 20th day of July, 09:44 AM by /s/ JOHN E DIETRICH - Page 1 of Return of Service for Search Warrant No