THE STATE OF TEXAS SEARCH WARRANT GREETINGS...in this affidavit. Suspected cellular phone is located...

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THE STATE OF TEXAS SEARCH WARRANT COUNTY OF DEWITT Article 18.02, 18.0215, Texas Code of Crim. Proc. TO THE SHERIFF OR ANY PEACE OFFICER OF DEWITT COUNTY TEXAS GREETINGS: WHEREAS, Complaint in writing, under oath, has been made before me by Steven Nelson, a peace officer employed by DeWitt County Sheriff Department_, and who is currently serving as an investigator, with an address of 208 E. Live Oak Street, Cuero, DeWitt County, Texas, which complaint is attached hereto and expressly made a part hereof for all purposes and said complaint having stated facts and information in my opinion sufficient to establish probable cause for the issuance of this warrant; YOU ARE THEREFORE COMMANDED to forthwith search the place therein named, to wit: Grey and Black LG- A340 cellular phone bearing SN: 211CYPY894816 and IMEL 012935-00-894816-1, which shall be referred to as suspected cellular phone from here on out in this warrant. Suspected cellular phone is currently located in the DeWitt County Sheriff Department Evidence Room, 208 E. Live Oak Street, Cuero, DeWitt County, Texas, in the 24th Judicial District, and was used and possessed by Daniel Dwayne Brazil (dob: 06/30/1964), is evidence including, but not limited to: photographs/videos; opened and unopened text or multimedia messages (SMS, MMS, and other text messages); any call history or call logs; any opened and unopened email communications, instant messaging, or other forms of communication of which said phone is capable; Internet browsing history; any stored Global Positioning System (GPS) data; contact information including e-mail addresses, physical addresses, mailing addresses, and phone numbers; any voicemail messages contained on said phone; any recordings contained on said phone; any social media posts or messaging, and any images or communications associated thereto, including but not limited to that on Facebook, Instagram, Twitter, Marco Polo, Snapchat, Whatsapp, Kik, TextMe, Text+, Signal and numerous other social media applications; all deleted electronic communications; any documents and/or evidence showing the identity of ownership and identity of the users of said described item(s); computer files or fragments of files; all tracking data and way points; CD-ROM's, CD's, DVD's, thumb drives, SD Cards, flash drives or any other equipment attached or embedded in the above described device that can be used to store electronic data, metadata, and temporary files. This suspected cellular phone shall be incorporated by reference therein for all purposes. YOU ARE FURTHER ORDERED to have a forensic examination conducted of any devices seized pursuant to this warrant to search for the items previously listed. HEREIN FAIL NOT and due return make hereof. WITNESS MY SIGNATURE on this the 15 day of 414 4 046 A.D. 20/ 0 at 4"fi g i O'clock, P .M. ignature) KEMPER STEPHEN WILLIAMS /35 4.TH DISTRICT JUDGE DeWitt County, Texas

Transcript of THE STATE OF TEXAS SEARCH WARRANT GREETINGS...in this affidavit. Suspected cellular phone is located...

THE STATE OF TEXAS

SEARCH WARRANT

COUNTY OF DEWITT Article 18.02, 18.0215, Texas Code of Crim. Proc.

TO THE SHERIFF OR ANY PEACE OFFICER OF DEWITT COUNTY TEXAS

GREETINGS:

WHEREAS, Complaint in writing, under oath, has been made before me by Steven Nelson, a peace officer employed by DeWitt County Sheriff Department_, and who is currently serving as an investigator, with an address of 208 E. Live Oak Street, Cuero, DeWitt County, Texas, which complaint is attached hereto and expressly made a part hereof for all purposes and said complaint having stated facts and information in my opinion sufficient to establish probable cause for the issuance of this warrant;

YOU ARE THEREFORE COMMANDED to forthwith search the place therein named, to wit: Grey and Black LG-A340 cellular phone bearing SN: 211CYPY894816 and IMEL 012935-00-894816-1, which shall be referred to as suspected cellular phone from here on out in this warrant. Suspected cellular phone is currently located in the DeWitt County Sheriff Department Evidence Room, 208 E. Live Oak Street, Cuero, DeWitt County, Texas, in the 24th Judicial District, and was used and possessed by Daniel Dwayne Brazil (dob: 06/30/1964), is evidence including, but not limited to: photographs/videos; opened and unopened text or multimedia messages (SMS, MMS, and other text messages); any call history or call logs; any opened and unopened email communications, instant messaging, or other forms of communication of which said phone is capable; Internet browsing history; any stored Global Positioning System (GPS) data; contact information including e-mail addresses, physical addresses, mailing addresses, and phone numbers; any voicemail messages contained on said phone; any recordings contained on said phone; any social media posts or messaging, and any images or communications associated thereto, including but not limited to that on Facebook, Instagram, Twitter, Marco Polo, Snapchat, Whatsapp, Kik, TextMe, Text+, Signal and numerous other social media applications; all deleted electronic communications; any documents and/or evidence showing the identity of ownership and identity of the users of said described item(s); computer files or fragments of files; all tracking data and way points; CD-ROM's, CD's, DVD's, thumb drives, SD Cards, flash drives or any other equipment attached or embedded in the above described device that can be used to store electronic data, metadata, and temporary files. This suspected cellular phone shall be incorporated by reference therein for all purposes.

YOU ARE FURTHER ORDERED to have a forensic examination conducted of any devices seized pursuant to this warrant to search for the items previously listed.

HEREIN FAIL NOT and due return make hereof.

WITNESS MY SIGNATURE on this the 15 day of 414 4 046 A.D. 20/0 at 4"figi O'clock, P .M.

ignature) KEMPER STEPHEN WILLIAMS

/354.TH DISTRICT JUDGE DeWitt County, Texas

THE STATE OF TEXAS

AFFIDAVIT

COUNTY OF DEWITT Article 18.02, 18.0215, Texas Code of Crim. Proc.

I, Steven Nelson, a peace officer employed by DeWitt County Sheriff Department , and who is currently serving as a investigator in the department, with an address of 208 E. Live Oak Street, Cuero, DeWitt County, Texas do solemnly swear that I have reason to believe and do believe that within Grey and Black LG-A340 cellular phone bearing SN: 211CYPY894816 and IMEI: 012935-00-894816-1 , which shall be referred to as suspected cellular phone from here on out in this affidavit.

Suspected cellular phone is located in DeWitt County of the 24th Judicial District. Said suspected cellular phone is the property of Daniel Dwayne Brazil (dob: 06/30/1964) and was seized by Richard Ramirez from Daniel Brazil (dob: 06/30/1964).

Suspected cellular phone is currently located in the DeWitt County Sheriff Department Evidence Room, 208 E. Live Oak Street, Cuero, DeWitt County, Texas„ and was used and possessed by Daniel Dwayne Brazil (dob: 06/30/1964), is evidence including, but not limited to: photographs/videos; opened and unopened text or multimedia messages (SMS, MMS, and other text messages); any call history or call logs; any opened and unopened email communications, instant messaging, or other forms of communication of which said phone is capable; Internet browsing history; any stored Global Positioning System (GPS) data; contact information including e-mail addresses, physical addresses, mailing addresses, and phone numbers; any voicemail messages contained on said phone; any recordings contained on said phone; any social media posts or messaging, and any images or communications associated thereto, including but not limited to that on Facebook, Instagram, Twitter, Marco Polo, Snapchat, Whatsapp, Kik, TextMe, Text+, Signal and numerous other social media applications; all deleted electronic communications; any documents and/or evidence showing the identity of ownership and identity of the users of said described item(s); computer files or fragments of files; all tracking data and way points; CD-ROM's, CD's, DVD's, thumb drives, SD Cards, flash drives or any other equipment attached or embedded in the above described device that can be used to store electronic data, metadata, and temporary files. This suspected cellular phone shall be incorporated by reference therein for all purposes.

********** FOUR PICTURES OF PHONE ARE ATTACHED **********

It is the affiant's belief and affiant does believe that a specific criminal offense has been committed, to wit:

Murder, a violation of Texas Penal Code Section 19.02

YOUR AFFIANT HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF THE FOLLOWING

FACTS: Affiant was summoned to the 1200 block of Hules Road on 03/13/2018 to assist in investigating a homicide. Affiant

observed a deceased female (Saleemah Paulton) laying in the middle of the road with multiple gun-shot wounds on her body.

Numerous spent .40 caliber casings and spent .40 caliber slugs were located at the scene. Daniel Brazil is the victim's boyfriend / common law wife of over ten years. During the investigation, numerous inconsistencies were discovered in Daniel Brazil's

statement. Brazil claims the only firearm he owns is a .410 shotgun. There have now been four (4) witnesses (including the

victim's two teenage children) that have stated they know Daniel Brazil to own a .40 caliber, black, semi-automatic pistol. The

caliber of weapon used in the murder of Saleemah Paulton was not disclosed to these witnesses or the public. These witnesses

stated Brazil normally concealed said pistol in the back of his waistband. These said witnesses have seen Brazil with this pistol.

One of the witnesses, the next door neighbor, stated Daniel Brazil got into an argument with a friend of his one night. Daniel

pulled the pistol out of his waistband, and chambered a round during the argument. According to two (2) witness statements,

Daniel Brazil had told them numerous times he would one day kill Saleemah and her daughter. One witness recalls observing

Daniel Brazil removing a knife from his pocket, blade exposed, and telling Sallemah, one day he was going to get her.

Brazil stated to investigators he last saw Saleemah on 03/13/2018 between 0700 hours and 0800 hours as they were

getting ready to go to work. Brazil claims he returned home about 1745 hours and Saleemah was not home. Two witnesses were

at the house next door, recall seeing Saleemah outside washing her car. Saleemah seemed angry and left in a hurry in her

mother's truck. Approximately ten minutes after Saleemah left, one of the witnesses observed Daniel Brazil leave in his silver

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Dodge truck.

According to another witness statement, on 03/13/2018, between 2030 and 2100 hours, a witness observed Daniel Brazil driving around the block numerous times. As the witness exited his residence to sit on the porch, Brazil stopped his truck in front of the witness's house. Brazil then asked the witness if he had seen or heard from Saleemah. The witness stated Brazil subsequently looked hysterical. The witness describes the look on Brazil's face as a look he had never seen before. When investigators asked Brazil if he asked anyone if they have seen or hear from Saleemah, he stated he did not think much of her not being home or not hearing from her all day. Brazil stated he did not call or ask anyone if they knew of Saleemah's whereabouts as he was not too concerned.

It is suspected Daniel Brazil is not being truthful. Numerous witnesses that have similar statements have proved many parts of his story false. Daniel Brazil exhibits no reaction or signs of sorrow. Nor at any point in the investigation, did Brazil ask investigators questions about what happened to his girlfriend / common law wife.

Affiant knows from training and experience as an investigator that cellular telephones record and keep records of incoming and outgoing text messages, phone calls, messages, photographs/videos, Internet browsing history, and other electronic communications. Due to the information learned during this ongoing investigation and summarized in the above paragraphs and the seizure of the suspected cellular phone, Affiant believes the suspected cellular phone likely contains evidence of the defendant's involvement in the above stated crime (Murder), specifically records of text messages, phone calls, voice messages, photographs/videos, Internet browsing history, and other electronic communications. Additionally, Affiant believes that there is probable and reasonable cause to believe that the said property constitutes property or things that are evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony.

Affiant requests authority from the Court to transport, remove, or take the suspected cellular phone pursuant to the warrant requested herein to any location deemed necessary for purposes of collecting and safekeeping the evidence suspected cellular phone has possession of and is concealing as described listed and for the completion of any investigation or proceedings related to the activities described in this Affidavit.

Furthermore, I ask that the suspected cellular phone have a forensic examination done by a forensic examiner in order to fully obtain the data from the suspected cellular phone.

Further, affiant asks for issuance of an order to appropriate third parties directing same to assist affiant in the execution

of said warrant.

WHEREFORE, PREMISE CONSIDERED, Affiant respectfully requests that a warrant issue authorizing your Affiant and any other peace officer in DeWitt County, Texas, to search the contents of the suspected cellular phone with the authority to

search for and to seize and to analyze the property and items set out earlier in this affidavit.

zll ,t AFFIANT

, Sworn to and Subscribed before me on this the f..) day of iffogio‘ , A.D. 20 ie

ature) MPER STEPHEN WILLIAMS

TH DISTRICT JUDGE DeWitt County, Texas

3

i

DeWitt County Sheriff's Office

CONSENT TO SEARCH

STATE OF TEXAS COUNTY OF DEWITT

1-ei- 2- I , having been informed of my constitutional right

not to have a search made of my person and property, hereinafter described, without a

searcAt warrantInd my right to refuse consent to search, do hereb authorize: Z.,71" • GU- f,

e and EV:* G. law enforcement

officers of the DeWitt County Sheriff's Office, or any agent acting on their behalf,

including but not limited to officers with said agency, to conduct a complete search of the

following described person and property or motor vehicle, electronic devise o wit:

cry 6- pf,,p IL,,_ These officers officers are authorized by me to take from my property and myself and premise or

motor vehicle any items, papers, materials, or other property that they may desire, upon

giving a receipt for the same.

This written consent to search is signed by me knowingly, intelligently and voluntarily

and without any threats or promises of any kind.

DATED this /y day of 4/2_fyl 20 a at Agol- a. mOS)

Witness: Consent authorized by:

cr;If5aYESDfirck,

THE STATE OF TEXAS

COUNTY OF DEWITT

§

§ SEARCH WARRANT

§ Article I 8.02(a)(10), Texas Code of Crim. Proc.

TO THE SHERIFF OR ANY PEACE OFFICER OF DEWITT COUNTY TEXAS

GREETINGS:

WHEREAS, Complaint in writing, under oath, has been made before me by Steven Nelson, a peace officer employed

by DeWitt County Sheriff Department_, and who is currently serving as an investigator, with an address of 208 E. Live Oak

Street, Cuero, DeWitt County, Texas:

WHEREAS I have been presented an affidavit requesting issuance of a search warrant by the affiant therein, and whereas I

find the that the verified facts stated by affiant in said affidavit show that affiant properly has probable cause for the belief he

expresses therein, and whereas I believe said affidavit properly establishes grounds for issuance of this Warrant;

YOU ARE THEREFORE COMMANDED to take temporary custody of Daniel Dwayne Brazil (dob: 06/30/1964), who is

described as a Black Male, born June 30, 1964, approximately 5 ft. 7 in. in height, 165 lbs. in weight, with black hair. Attached

hereto is Exhibit A is a document containing a photograph illustrating the appearance of the individual to be searched.

To effect the purposes of this Warrant, you may enter 305 Hopkins Street, Yoakum, TX 77995, if Daniel Dwayne Brazil is there

to be found, or any other place in the County of DeWitt for purposes of obtaining temporary custody of Daniel Dwayne Brazil.

At said places you shall search for and, if same be found and with the assistance of an individual qualified in the intravenous

removal of human blood, seize and bring before me the property described in the affidavit, to-wit: human blood, buccal cells,

head hair, and pubic hair from the body of the said Daniel Dwayne Brazil.

Herein fail not, but have you then and there this Warrant to be executed without delay; and upon compliance with the orders

herein, make return forthwith showing how you have executed same within fifteen (15) days of the date shown below, exclusive

of said date and the day of its execution.

HEREIN FAIL NOT and due return make hereof.

WITNESS MY MY SIGNATURE on this the ID day of Ake, A.D. 201 at 6,...S7 O'clock, .M.

ignature) KEMPER STEPHEN WILLIAMS

/if TH DISTRICT JUDGE DeWitt County, Texas

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THE STATE OF TEXAS

AFFIDAVIT

COUNTY OF DEWITT Article 18.02(a)(10) , Texas Code of Crim. Proc.

I, Steven Nelson, a peace officer employed by DeWitt County Sheriff Department , and who is currently serving as an investigator in the department, with an address of 208 E. Live Oak Street, Cuero, DeWitt County, Texas do solemnly swear that I have reason to believe and do believe that evidence that offense was committed, to-wit: Murder remains on or about or within the person, DANIEL DWAYNE BRAZIL (dob: 06/30/1964) and shall hereafter be called "suspected party" in this affidavit.

Suspected party is believed to be located at the last known residence, 305 Hopkins Street in the City of Yoakum, Texas.

********** ONE PICTURE OF SUSPECTED PARTY IS ATTACHED AS EXHIBIT A**********

It is the affiant's belief and affiant does believe that a specific criminal offense has been committed, to wit:

Murder, a violation of Texas Penal Code Section 19.02

YOUR AFFIANT HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF THE FOLLOWING

FACTS: Affiant was summoned to the 1200 block of Hules Road on 03/13/2018 to assist in investigating a homicide. Affiant

observed a deceased female (Saleemah Paulton) laying in the middle of the road with multiple gun-shot wounds on her body. Numerous spent .40 caliber casings and spent .40 caliber slugs were located at the scene. Daniel Brazil is the victim's boyfriend / common law wife of over ten years. During the investigation, numerous inconsistencies were discovered in Daniel Brazil's statement. Brazil claims the only firearm he owns is a .410 shotgun. There have now been four (4) witnesses (including the victim's two teenage children) that have stated they know Daniel Brazil to own a .40 caliber, black, semi-automatic pistol. The caliber of weapon used in the murder of Saleemah Paulton was not disclosed to these witnesses or the public. These witnesses stated Brazil normally concealed said pistol in the back of his waistband. These said witnesses have seen Brazil with this pistol. One of the witnesses, the next door neighbor, stated Daniel Brazil got into an argument with a friend of his one night. Daniel

pulled the pistol out of his waistband, and chambered a round during the argument. According to two (2) witness statements, Daniel Brazil had told them numerous times he would one day kill Saleemah and her daughter. One witness recalls observing

Daniel Brazil removing a knife from his pocket, blade exposed, and telling Sallemah, one day he was going to get her.

Brazil stated to investigators he last saw Saleemah on 03/13/2018 between 0700 hours and 0800 hours as they were

getting ready to go to work. Brazil claims he returned home about 1745 hours and Saleemah was not home. Two witnesses were

at the house next door, recall seeing Saleemah outside washing her car. Saleemah seemed angry and left in a hurry in her

mother's truck. Approximately ten minutes after Saleemah left, one of the witnesses observed Daniel Brazil leave in his silver

Dodge truck.

According to another witness statement, on 03/13/2018, between 2030 and 2100 hours, a witness observed Daniel

Brazil driving around the block numerous times. As the witness exited his residence to sit on the porch, Brazil stopped his truck

in front of the witness's house. Brazil then asked the witness if he had seen or heard from Saleemah. The witness stated Brazil

subsequently looked hysterical. The witness describes the look on Brazil's face as a look he had never seen before. When

investigators asked Brazil if he asked anyone if they have seen or hear from Saleemah, he stated he did not think much of her

not being home or not hearing from her all day. Brazil stated he did not call or ask anyone if they knew of Saleemah's

whereabouts as he was not too concerned.

It is suspected Daniel Brazil is not being truthful. Numerous witnesses that have similar statements have proved many

parts of his story false. Daniel Brazil exhibits no reaction or signs of sorrow. Nor at any point in the investigation, did Brazil ask

investigators questions about what happened to his girlfriend / common law wife.

During an autopsy on or about 03/15/2018, suspected biological evidence was recovered from on or about the victim,

Saleemah. 2

Affiant knows from training and experience as an investigator that biological evidence such as blood, hair, and saliva are often available from the person of the suspected party. Due to the information learned during this ongoing investigation and summarized in the above paragraphs, Affiant believes the suspected party likely contains evidence of the defendant's involvement in the above stated crime (Murder), specifically biological evidence such as blood, hair, and saliva.

Therefore, considering the foregoing, I request a search warrant for the following

1. Place: An individual named DANIEL DWAYNE BRAZIL (dob: 06/30/1964), who is described as a Black Male, born June 30, 1964, approximately 5 ft. 7 in. in height, 165 lbs. in weight, with black hair.

Attached hereto as Exhibit A is a booking photo illustrating the appearance of the individual to be searched; it is to be considered as part of this affidavit as if written herein. The last known residence of said suspected party is 305 Hopkins Street, in the City of Yoakum, Texas.

2. Thing: Human blood, buccal cells, head hair, and pubic hair.

Said property and or items, whether one or more, constitutes evidence that an offense was committed, to-wit: Murder and that suspected party committed said offense.

Additionally, Affiant believes that there is probable and reasonable cause to believe that the said property constitutes property or things that are evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony.

Affiant requests authority from the Court to transport, remove, or take the biological evidence from the suspected party pursuant to the warrant requested herein to any location deemed necessary for purposes of collecting and safekeeping the biological evidence from the suspected party has possession of and is concealing as described listed and for the completion of any investigation or proceedings related to the activities described in this Affidavit.

Furthermore, I ask that the suspected party have a forensic examination done by a forensic examiner in order to fully

obtain the data from the biological evidence from the suspected party. Further, affiant asks for issuance of an order to appropriate third parties directing same to assist affiant in the execution

of said warrant.

WHEREFORE, Affiant asks for issuance of a search warrant that will authorize me to take temporary custody of said suspected

party for purposes of execution of the warrant; to search the person of the suspected party for the property described above and

seize same as evidence that the offense described herein was committed and that the suspected party committed the offense; and

to return and release suspected party to the place of pre-detention. Further, I request the Court issue an order directed to

appropriately qualified individuals requiring them to aid and assist any officer in the execution of the warrant requested hereby.

AFFIANT

Sworn to and Subscribed before me on this the 1, day of AIWA(' , A.D. 20

gnature) KEMPER STEPHEN WILLIAMS /

TH DISTRICT JUDGE DeWitt County, Texas

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EXHIBIT A

4

THE STATE OF TEXAS

COUNTY OF DEWITT

§

§ SEARCH WARRANT

§ Article 18.02(a)(10), Texas Code of Crim. Proc.

ORDER FOR ASSISTANCE IN EXECUTION OF SEARCH WARRANT

THE STATE OF TEXAS: To any physician, nurse, medical technician, or phlebotomist, licensed by the State of Texas, or other individual qualified in the intravenous removal of human blood:

Whereas, I have been presented an affidavit requesting issuance of a search warrant by the affiant therein, and whereas I find that the verified facts stated by affiant in said affidavit show that affiant has probable cause for the belief she expresses therein, and whereas I believe said affidavit properly establishes grounds for issuance of this Warrant;

And whereas, this court has issued a warrant to search for and seize blood, saliva, and hair from the suspect named and described in the affidavit, to-wit: an individual named DANIEL DWAYNE BRAZIL (dob: 06/30/1964), who is described as a Black Male, born June 30, 1964, approximately 5 ft. 7 in. in height, 165 lbs. in weight, with black hair;

Therefore, you are hereby ordered and commanded to cooperate with any peace officer requesting your professional aid and assistance in the execution of said search warrant.

Herein fail not, as this order is directed to any individual whose aid and assistance is requested by the officer bearing the accompanying search warrant. This Order is authorized by the full authority of this Court to issue warrants and orders to enforce the laws of the State of Texas, and by Article 18.08 of the Texas Code of Criminal Procedure. Any individual who fails to comply with this Order when requested shall be liable as for contempt of this court and subject to all penalties authorized by law.

ORDERED this the /t7 day of1/4140( , A.D. 20L

(S. na e) K M ER STEPHEN WILLIAMS

ar TH DISTRICT JUDGE DEWITT COUNTY

THE STATE OF TEXAS RETURN AND INVENTORY

COUNTY OF DEWITT

The undersigned, being a peace officer under the laws of the State of Texas, certifies that the foregoing

warrant came to hand on the day it was issued and that it was executed on the 15 day of AVG4 A.D.,r4r , by

making the search directed therein and seizing during the search the following described property:

-Aff0)(imaitly y hcw cor awe/ 8f4zdis c6 Swabs coetlaft bucc4aL ads read picm 1-144- iet+ ref (Aee oP D ieI Brazd

OFFICER EXE TING PROCESS

5

A-LA s eI,D

THE STATE OF TEXAS COUNTY OF DEWITT

AFFIDAVIT FOR SEARCH WARRANT [ARTICLE 18.02, TEXAS CODE OF CRIMINAL PROCEDURE]

BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED THE AFFIANT HEREIN, A PEACE OFFICER UNDER THE LAWS OF TEXAS, WHO, BEING DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS:

My name is Lt. Richard Ramirez and I am commissioned as a peace officer by the DeWitt County Sheriff's Office in DeWitt County, Texas. I am currently assigned to Investigations. I have participated in a number of investigations regarding the illegal possession of any weapons (semi-auto handgun, revolver, long guns), ammunition and/or accessories to handguns and or vehicles located near or on the property belonging to Saleemah Paulton Hopkins (VICTIM) In addition, I have personally executed search warrants for Burglaries, Thefts and narcotics.

1. There is in DeWitt County, Texas, a suspected place and premises described and located as follows: In the incorporated city limits of Yoakum, 305 Hopkins St., a single-story residence of wood frame-type construction. The driveway to the residence enters from Hopkins St. rhe SosJErsts Wifee 1#3r- /c.cle of 2poe vito A of

',ter/ pc? /O rreA" e A- .4156e1,6E, /44 teef 7 ,.4.00A 2.

4.

fhe suspected place's address is 305 Hopkins St. Yoakum, Texas in DeWitt County, Texas.

an)rd and or described sutprood pattze► to wit

Said suspected places, in addition to the foregoing description, also includes all other buildings, structures, places and vehicles on said premises and within the curtilage, if said premises is a residence, which are found to be under the control of the suspected parties named below and in, on, or around which said suspected parties may reasonably reposit or secrete property which is the object of the search requested herein.

3. Said suspected place is in charge of and controlled by each of the following Named and/ or described suspected parties to wit:

Daniel Brazil, a Black male, date of birth 06/30/1964, 5'8" tall, approximately 190 pounds in weight, with black hair, brown eyes.

4. It is my belief that said suspected parties have possession of and are concealing at said suspected place in violation of the laws of the State of Texas the following property listed:

5. Any Handgun, weapon, accessories to weapons (Bullets, casings, holsters, guncases)

6. On March 13, 2018, at approximately 2120 hours, I, Lt. Richard Ramirez, was dispatched to 3/4 miles down Hulse Rd., Yoakum Texas reference a Deceased Person. Upon arrival I met with Chief Deputy Oglesby who stated a female

had been run over by a resident of Hulse Rd. and it was determined that she had also been shot multiple times.

7. On March 13,2018 the Investigation revealed that the victim, Saleemah Paulton Brazil B/F/04-12-1979 305 Hopkins St. Yoakum, Texas 77995 had initially been shot several times with a .40 caliber weapon as several spent .40 caliber casings were found at the scene. At approximately 2120 hours 3-13-2018 the Victim was laying in the roadway on Hulse Rd. and was struck and dragged approximately 20 feet by a resident returning home, they reported striking the victim to 911, The DeWitt County Sheriff's Office

8. On March 14, 2018 In an interview of the victim's daughter, Shaylene Dilworth stated that she knows that Daniel Brazil owns at least three weapons, a 410 shotgun, a smaller .22 caliber handgun and a .40 caliber semi-auto Back and Gray (similar to a Glock) which he known to keep in the residence and/or in vehicles belonging to Saleemah Paulton Brazil (Victim):

9. To Wit: 2004 White Chevrolet Tahoe bearing Texas HFS-3004 VIN: 1GNEC13ZX4R148906 or a 2008 Silver Dodge 4dr. truck bearing Texas GNR9939 VIN: 1D7HA182985598588. (PHOTOS ARE OF SIMILAR VEHICLES NOT ACTUAL VEHICLE)

10.

11.

12. During my Investigation I have obtained written statements from four independent person indicating Daniel Brazil is and has been in possession of a .40 caliber handgun in the residence or in any of the vehicles owned by Saleemah Paulton Brazil.

I Further believe that suspected parties have at said suspected place implements and instruments used in the commission of the offense of Felony Murder in addition to documentary electronic information. These documents can be either hand written, typed, or digitally stored within digital storage devices, including but not limited to computers, mobile digital devices such as I-pads or similar digital devices, cellular telephones, thumb drives, external hard drives, compact discs, and stored with "cloud" storage devices and Video recording systems.

Based upon my observations, coupled with my training and experience, it is my opinion that Daniel Brazil and Saleemah Paulton Brazil resided at 305 Hopkins St. Yoakum, Texas 77995 and Daniel Brazil is in possession of a .40 caliber handgun used in the commission of Felony Murder in and around 305 Hopkins Rd. Yoakum, Texas in DeWitt County Texas.

In addition to the facts that I have set out as probable cause for the issuance of a search warrant, I have learned additional information that would show reasonable suspicion that knocking and announcing our presence prior to entry into the aforesaid premises would create a situation that would result in danger to the officers executing the warrant or to others inside of the premises, that the evidence searched for would be destroyed or that knocking and announcing would be a useless gesture.

That information is: Daniel Brazil may have hidden/removed property from the location in DeWitt County Texas and transported it to the suspected place. Based on my training and experience with Theft cases stolen property is often destroyed at the first hint of law enforcement having knowledge of its location.

Wherefore, Affiant asks for the issuance of a warrant that will authorize him to search said suspected place and premises for said property and seize the same.

/a ? Affiant

Subscribed and sworn to before me by said Affiant on this the /6 Day of "he r

2018.

Ma ate, DeWitt County, Texas

Printed Name of Magistrate gA<A /W.242

RETURN

Each of the undersigned Affiants, being a Peace Officer under the laws of Texas and being duly sworn on oath certified that the foregoing Warrant came to hand of the day it was issued and that it was executed on the 16 day of March, A.D., 2018, by making the search directed herein of the following party, to-wit:

2008 Dodge Truck bearing Texas GNR-9939

And by seizing during such search the following described property; retained by such Peace Officer, and kept stored and held as hereinafter set out:

2008 Dodge Truck Blood spatter on exterior/Interior of the 2008 Dodge Truck, Blood Spatter on Igloo ice chest located in Bed of 2008 Dodge Truck

SUBSCRIBED AND SWORN TO BEFORE ME by each of said Affiants whose name is signed above on this the "X0 day of 111\"-A/ , A.D., 20 AV .

Magistrate

THE STATE OF TEXAS COUNTY OF DEWITT

GREETINGS:

WHEREAS, Affiants whose names appear on the Affidavit are Peace Officers under the laws of Texas and did heretofore this day subscribe and swear to said Affidavit before me (which said Affidavit is here made part hereof for all purposes), and whereas I find that the verified facts stated by the Affidavit show that Affiants have probable cause for the belief they express therein and establish existence of proper grounds for issuance of this Warrant; now, therefore you are commanded to enter the suspected place described in said Affidavit and to search for the described property in said Affidavit and to seize same and to arrest and bring before me each suspected party named in said Affidavit.

Further, you are Ordered, pursuant to the provisions of Article 18.10, Texas Code of Criminal Procedure, to retain custody of any property seized pursuant to this Warrant, until further order of this Court or any other Court of appropriate jurisdiction shall otherwise direct eh manner of safekeeping of said property. This Court grants you leave an authority to remove such seized property from this County, if and only if such removal is necessary for the safekeeping of such seized property by you, or if such removal is otherwise authorized by the provisions of Article 18.10 T.C.C.P. You are further ordered to give notice to this Court as part of the inventory to be filed subsequent to the execution of this Warrant, and as required by Article 18.10 T.C.C.P., of the place where the property is seized hereunder is kept stored and held.

HEREIN FAIL NOT, but have then and there this Warrant within three days, exclusive of the day of its issuance and exclusive of the day of its execution, with your return thereon, showing how you have executed the same filed in this Court.

ISSUED THIS THE /47" DAY OF "42 el- , A.D., 20 /e, AT .., ..2r- O'CLOCK ..11:M/P.M. TO CERTIFY WHICH WITNESS MY HAND THIS DAY.

TI---4e4 CAA "31.94/2.