FILID IN
Court of Appeals
The 6§Uft§f Appeals
RECEIVED IN 5ixth Court of Appeals Sixth Distriet
The Court of Artpeala
Sixth Diptrict
Bi-5tate Justice Bldg.
'JUL 0 6 2015
JUL 0 i 2015 100 N. State Line Ave. #20
Texarkana, Texas 75501 Texarkafrtei, Texas
Texarkana, Texas v * Debra^\>
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2. Probable cause docs not exist to .procccd^furthcr with matters against MARK
ENGLE and it is therefore ordered,that MARK. ENGLE is discharged from custody of the
county.
Signed on /tJyojj 6, Q\0/3
MAGISTRAT
vi'jai...: • "% .. „YH
NO. 07259(MAN DEL C/S < 400gm)
STATE OF TEXAS IN THE DISTRICT COURT
vs. 354th JUDICIAL DISTRICT
MARK ENGLE HUNT COUNTY, TEXAS
ORDER ON EXAMINING TRIAL'
i.Y
On , the Magistrate heard matters alleged againsVMARK ENGLE and finds:
1. MARK ENGLE is chargcdwviih tliVbfTense-bf MAN DEL C/S < 4()uem.
2. Probable cause does art/exisr to proceed further with matters against MARK
ENGLE aftd-tH5=tfea^fl2K^dej^^ FNfil Rirr disc-barged from etrotUOY^Hhc ^P£A6dM
Getmty.
Signed on
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HUNT COUNTY
POST OFFICE BOX 1437 - GREENVILLE, TEXAS 75403-1437
DISTRICT CLERK
STACEY LANDRUM
(903) 408-4172
Mark Engle 1958430
899 FM 632
Kenedy, TX 78119
Dear Mr. Engle,
Per your request I have sent you both of the "ORDER ON EXAMINING TRIAL" from WRIT #07259.
Unfortunately we do not have Docket Sheets in WRIT'S.
Please let us know if we can be of further assistance.
Yours truly,
Stacey Landrum, District Clerk
Hunt County, Texas
Deputy
Exhibit "D"
DNA
Report
j^JD% i
TEXAS DEPARTMENT OF PUBLIC SAFETY
CRIME LABORATORY
402 W IH 30
Garland, TX 75043-5902
Voice 214-861-2190 Fax 214-861-2194
GarlandCrimeLab@dps.texas.gov
STEVEN C. MCCRAW COMMISSION .
DIRECTOR A. CYNTHIA LEON. CHAIR
DAVID G. BAKER CARINMARCY8ARTH
CHERYL MicBRIDE ADA BROWN
DEPUTY DIRECTORS ALLAN POLUNSKY
Forensic Biology Laboratory Report RANDY WATSON
Issue Date: August 29, 2013
Felicia White Laboratory # GAR-1212-13765
Greenville Police Department Agency# 201226498
PO Box 1049 County Hunt
Greenville. TX 75403 Offense Date 12/07/2012
Suspect{s): ENGLE, Mark Eugene (DOB 08/22/68) TX DL 11662971
Victim(s): DOE, Jane {DOB 11/11/91)
Submission Information:
01 - Sexual Assault Kit on December 11, 2012 by Gray, Marcus VIA In Person
02 - white paper sack on December 11, 2012 by Gray, Marcus VIA In Person
Requested Analysis: Screen for biological evidence.
Evidence Description, Results of Analysis and Interpretation:
01 : Properly Sealed Sexual Assault Kit from Jane Doe
01-01 : Known blood specimen from victim in envelope - Purple top tube
No analysis. A portion of the item was collected to be used as a reference.
01-02 : Known saliva specimen from victim in envelope
No analysis. Item was collected to be used as a reference.
01 -03 : Vaginal swabs and smear slide from victim in envelope
A presumptive test for the presence of semen was negative on the vaginal swabs. Spermatozoa,
semen specific constituents, were detected on the vaginal smear slide.
01-04 : Anal swabs and smear slide from victim in envelope
A presumptive test for the presence of semen was negative on the anal swabs. Spermatozoa, semen
specific constituents, were detected on the anal smear slide.
01-05 : Oral swabs and smear slide from victim in envelope
A presumptive test for the presence of semen was negative on the oral swabs. No spermatozoa,
semen specific constituents, were detected on the oral smear slide.
01-06 : Fingernail collection from victim in envelope
No analysis.
01-07 : Debris swabs from victim's breast in envelope
A presumptive test for the presence of semen was negative.
01-08 : Urine specimen from victim - Red top tubes (3)
No analysis.
01-09 : Underwear from victim in sack
Acid phosphatase, a nonspecific constituent of semen, was detected on stains. Trace evidence was
collected. The collected trace evidence has been packaged with the evidence. No further analysis
was conducted at this time.
ACCREDITED BY THE AMERICAN SOCIETY OF CRIME LABORATORY DIRECTORS - LAB ACCREDITATION BOARD
TiDPS 07.18.13
COURTESY • SERVICE - PROTECTION
Page 1 of 2
Laboratory Case Number Agency Case Number Offense Date
GAR-1212-13765 201226498 12/07/2012
02 : Properly Sealed white paper sack
No analysis on shirt (according to submission form).
Investigative Leads:
DNA analysis may be performed on selected stains from this case. A separate report will be issued upon
completion of this analysis.
For comparison purposes, please submita known specimen from the suspect when apprehended.
Contact the laboratory for instructions on the proper collection method of additional evidence.
Iffuture analysis of the collected trace evidence is necessary, please contact the Trace Section.
Disposition:
A portion of the victim's known blood specimen, saliva specimen, vaginal and anal swabs, and stains
from the victim's underwear will be retained frozen to preserve the biological constituents.
A portion of the blood specimen and the urine specimen from the victim have been forwarded to the
Toxicology Section of the Austin DPS Laboratory. A separate report will be issued upon completion of
the analysis.
We are unable to retain the remainder of the evidence. Please make arrangements to pick up this
evidence at your earliest convenience.
This report has been electronically prepared and approved by:
Amelia Dowhower
Forensic Scientist
Texas DPS Garland Crime Laboratory
TxDPS 07.18,13
Issue Date: August 29, 2013 Page 2 of 2
/ 3070?I
TEXAS DEPARTMENT OF PUBLIC SAFETY
CRIME LABORATORY
402WIH30
Garland, TX 75043-5902
Voice 214-861-2190 Fax 214-861-2194
GarlandCrimeLab@dps.texas.gov
COMMISSION
STEVEN CMCCRAW A. CYNTHIA LEON. CHAIR
DIRECTOR CAR1N MARCY BARTH
DAVID G. BAKER RANDY WATSON
CHERYL MacBRIDE
DEPUTY DIRECTORS
DNA Laboratory Report
Issue Date: December 04, 2013
Felicia White Laboratory # GAR-1212-13765
Greenville Police Department Agency# 201226498
PO Box 1049 County Hunt
Greenville, TX 75403
Offense Date 12/07/2012
Suspect(s): ENGLE, MARK EUGENE (DOB 08/22/1968) TX DL 11662971
Victim(s): DOE, JANE (DOB 11/11/1991)
Requested Analysis: Perform forensic DNA analysis.
Please refer to the previous Forensic Biology Laboratory Report dated August 29, 2013.
Evidence Description. Results of Analysis and Interpretation:
Portions of the items were extracted by a method which yields DNA.
When necessary, the items were extracted by a two step method which first recovers DNAfrom
non-sperm cells (epithelial cell fraction) and then recovers DNA from sperm cells (sperm cellfraction).
The DNA isolated was analyzed using STR (Short Tandem Repeat) PCR (Polymerase Chain
Reaction) analysis. The following loci were examined: D8S1179, D21S11, D7S820, CSF1PO,
D3S1358, TH01, D13S317, D16S539, D2S1338, D19S433, vWA, TPOX, D18S51, Amelogenin,
D5S818,andFGA.
01-01-AA: Portion of known blood specimen from victim
The DNA profile was used for comparison purposes.
01-04-AA : Anal swabs from victim in swab box
No DNA profile was obtained from the sperm cell fraction of the anal swabs.
The partial DNA profile from the epithelial cell fraction of the anal swabs is consistent with the DNA
profile of Jane Doe.
01-09-AB : Stain from victim's underwear
The DNA profile from the sperm cell fraction of stain AB from the victim's underwear is consistent
with a mixture from an unknown male and an unknown individual. Due to the low level of data
present above our analysis threshold, no comparisons will be made to the unknown indvidual.
The DNA profile from the epithelial cell fraction of stain AB from the victim's underwear is consistent
with the DNA profile of Jane Doe.
Investigative Leads and Requirements for Further Analysis:
The male DNA profile from the sperm cell fraction of stain AB from the victim's underwear has been
entered into the Combined DNA Index System (CODIS).
ACCREDITED BY THE AMERICAN SOCIETY OF CRIME LABORATORY DIRECTORS - LAB ACCREDITATION BOARD
TxDPS 10.14.13
• COURTESY • SERVICE • PROTECTION Pagel of 2
Exhibit »E»
Case!- Hi'st'bry
of
Jane Doe
Case History
(Back)
Case Number 380-83053-2011
Date Filed: 12/13/2011
Case Type: CR - Filed by Indictment
Status: Adjudication Pending
Style: STATE of TEXAS Vs. Shalyn Larie Witcher
JudicialOfficer: District Judge, 380th in 380th District Court
Type Name DOB Address
Defendant y71^61^'
Lane
Sha,yn 11/11/1991 880 EWinningkoff RD ,Lucas, TX 75002
District Attorney's Office, 2100 Bloomdale, Suite 2004,
State STATE of TEXAS
McKinney, TX 75071
Offense Offense Fine Arresting Arrest
Description Degree Level Statute
Code Date Amount Agency Date
THEFT OF MATERIAL Collin
State
ALUM/BRNZE 31.03(e) County
23990143 09/12/2011 110 Jail 12/31/20
/COPPER/BRASS (4)(F) Sheriffs
Felony
<$20K Office
Date Disposition
04/04/2012 Deferred Adjudication
Date Event Type Comments Cancelled Reason Til
11 /29/2011 Pre-lndictment Warrant Fees
Stephen
11/30/2011 Attorney Appointed As Counsel
Miller
12/09/2011 Approving Bond by Sheriff
12/13/2011 Case Filed by Indictment (OCA)
Bond Set
12/19/2011 Court Decree at
$5,000.00
01/20/2012 First Appearance
03/02/2012 Announcement
04/04/2012 Plea-Agreed Cancelled: Case Disposed 9
Def.
pleads
04/04/2012 General Docket Entry guilty - 2
years Def.
Adj.
04/04/2012 Defendant's Plea Agreement Packet
04/04/2012 Plea
04/04/2012 Disposition
04/04/2012 DC-Probation (CSCD)
No Bond
Set/Sent to
12/03/2012 Motion Adjudicate Probation Filed-OCA - Reopen
SO
12-5-12
12/03/2012 Warrant Issued
01/03/2013 Warrant Received Executed
01/03/2013 Precept Executed
01/16/2013 Appearance with Attorney
01/17/2013 Announcement
02/01/2013 Plea of True Jail Plea
Financial Summary
Exhibit »F"
Correspondence
from
Judge Beacom
".. • •i^nfTTirt^i'i^'nVi-'fV^.i^-'••i^i--'- \ •'•••
08/07/2814 14:0G 903-408-4218 354TH DISTRICT COURT PAGE- 01/01
JUUEVROOMAN DONNA MEEKS
COURT REPORTER COURT ADMINISTRATOR
903/40&4108 903/408-^194
RICHARD A. BEACOM, JR.
DISTRICT JUDGE
354TH JUDICIAL DISTRICT OF TEXAS
HUNT AND RAINS COUNTY
P.O. BOX 1097
GREENVILLE. TEXAS 75403-1097
(903J40&4194
August 7, 2014
Assistant District Attorney
Steve Lilley
4th floor
Hunt County Courthouse
Greenville, Texas 75401
Katherine Ferguson
P.O. Box21
Greenville, Texas 75401
Re: Cause No. 29,110-The State of Texas Vs. Mark. Eugene Engle
Dear Counsel:
Considering the totality of circumstances, the Court finds there was probable cause
within the four comers of the Application for Search Warrant, for a warrant to issue for
search of evidence of a sexual assault. Therefore the Motion to Suppress is denied.
The Court is setting this forjury trial September 29. 2014, with pre-trial September 9.
2014.
Please present an order.
Sincerely,
A. Beacom, Jr.
Judge, 354th Judicial District Court
Exhibit »G"
Drder
an
Motion to Suppress
CAUSE NO. 29,110
THE STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. OF HUNT COUNTY, TEXAS
§
§
MARK EUGENE ENGLE § 354TH JUDICIAL DISTRICT
ORDER ON MOTION TO SUPPRESS
THE COURT, after receiving evidence and hearing arguments of counsel, DENIES the
Defendant's Motion to Suppress.
Signed this (( day ofSeptember, 2014.
ORIGINAL SIGNED BY
RICHARD A. BEACOM JR.. JUDGE
Richard A. Beacom, Jr.
Judge, 354th District Court
Exhibit "H"
Dismissal
of
Controlling,,Case::
OFFICE OF
DISTRICT ATTORNEY
Hunt County Courthouse, 4th Floor
P. O. Box 441
Greenville, Texas 75403-0441
(903) 408-4180-Telephone
(903) 408-4296 - Facsimile
NO ACTIOM DISPOSITION BFPHPT
Date: OCTOBER 6,7014 ..
DISTRICT ATTORNEY FILE NUMBER- 1304081
DEFENDANT: MARK ETJGFNF FNP,t p "
DATE OF OFFENSE: 12/07/2012
OFFENSE: SEXUAL ASSAT ttt
DATE OFFENSE REJECTED: OCTOBER 6 2014
YES ARRESTED " a~iU*
__ OFFENSE REPORT ONLY
AGENCY OFFENSE CASE NUMBER:
..*^iSK£J5E523S-te""~d" —- «
Insufficient evidence to file the case.
Complainant signed non-prosecution affidavit
Unable to obtain requested additional paperwork
Case was not filed before Statute of Limitations ran
Unable to show sufficient elements ofoffense under penal code
Complainant has refused to sign acomplaint and/or statement
Co-Defendant convicted, Insufficient evidence this Defendant
Defendant has completed pretrial Diversion
Respectfully submitted,
Hifrit County DistricTAtterrley's Office
Cindy Meyer: ^&K Hunt County Jail: MJW
Johnnie Waits: Q Defense Attorney: K^^USON Rl go*
HCbO Warrants:
HCSO Warrants: gjfe
5fe Arresting
Arrestino Agency:
Ao™™- GPD~W^LX
n^ kti <- '.V ^ Q x
rrobation: V~\ /7a.- i */._"!—"..
DA File Copy: ^ ?&**&&- fy'*4 X. F*>
Exhibit "I"
Proof
of
Mailing
Exhibit "A" Attachment
(1> Green Card Certified uith Certified Receipt.
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