>mzx mmwq...~opum w..mx_.ww,mdusoo _0__…~_ cowv_om.n >\.F.~QB z. m. Q.o_. _o.._… umww$ __§._w:~_.._w_._c_w.w._ -._.__._. _§' _pm_w 323 3m _.w,>mwz=.mm §¢___H_€§ @2£ m_$w\@wo_ m__c_o.$_oe H:E. __.om§.§_o. 25 £.¢__H wm»wwm=m$ ww.~w@»o _ __ _ _ __ Q._.§ m~_ _E. Bj__w ,m,§§.s§o=§ 24 B§SC§ S:__.E_o m§ 3a m S_Q ____m_w ._o_z_ 328 wo §§_52@5-£____@_Q_H\Q___ __ __ @:.3 _§ §_h.. du wocms§p=_oo now aoBoz m _Bmpm muscme .Hw@»o @@\¢\@ \ ~.. __ _ 355 § _ :58 8 E§o mo E$...v~.._ ,. .|..dw§ou mwzmu_un 33 ¢~ ma mH._d¢mw<_.._§§n_is§_._._.___-__-.zi_._.._____zz __w.x.ur?a _ mlE£.~Q §§z§§§ 2me mo Ewzco:< mo mumz:z m._'_m_IXm m >E> §§ .b£. §§ §§ die 935 3 view 3 226 Bw§a E.¢.E?"/3 ' Signature: (§`?/%@%/Q/y¢/ / ‘ . 'lZ 7 Hw"#m._”M_l*)moms`_\vea_x: this statementis >tru-eandcorrectto th>ewb`estof my lthoudedge of the 12 gf qauah 1 t i }. '. L'- DECLARANT WITH SUPPORT BY AFFIDAVIT : 1_. I am Billy Wayne Stewart My date of birth is November 13, 1963. My height is S‘ft 9 inch Brg\_x_m hair and 205 lbs }Hy SS#j 5 429_ 27_ 62()8_ 2. My old home address is 146 East lake Dr. Marion, AR. 72364. Iwas employed at M 3 l`. Truck_ing, WestMemphis, AR. 7230], Owner} oe Widell. 3. My Mother was Brenda Lancaster-Stewart Vowell. 4. My Father is Earl Wayne St_ewart, Sr. - . 5. lam 49 years old and of sound mind to make this Declaiation In June of 1995, I Billy W_ayne Stewart was living with my cousin Robert Guy in Hugh Springs, Texas, l worked and lived with my cousin Robert Guy until I left around July 6, or 7, of1995'. In the late part of June of 1995, l had bought a light blue Mercury Lynx with tag # Tean MGH-53L. from a car dealer in Hugh Springs, TX. and paid for it with checks from my cousin Robert Guy who I had worked with. On the night of June 30"‘- 1995 or July ls“ 1995, It was a Friday I had cleaned up after work and was going to a club in Longview, TX. (Gregg Co.) At around lO-to-ll p.m., I went to the Levee Club. On, I think was Spur-63 or Macain and 80 HWY. down town Longview, Texas. _ ' l l l parked my car in the parking lot and as l was walking toward the club entrance door, I seen a white female standing out-side smoking a Cigarette and I went to her and asked if she was OK. She told me it was hot in side and she was waiting on a few friends 'I asked her if she wanted to,\go for a ride and smoke some Marijuana and she said yes. l had drove With her to a remote area probably 5~ miles from the club. Once there l started making the girl-woman take her clothes _off. And l forced myself on her (raped her) oral and vaginally. About a hour later a truck pulled up behind my car and the woman got away from me and ran to a pick-up truck and iled. Once the woman fled in the pick-up, I started my car, drove probably a mile or two and the car stopped running l got out looked for my boots and could not find them or my comb or shirt l took my tire wrench knocked the windshield out the car, took the vin # off the dash, the vin# I don’t know what it is. l sat the 1985 light blue 4-door Mereury' Lynx on fire and walked away. ss 1; l walked to Hwy 42 and went to White Oak, Te) 800-521,}_. STATE QF ARKANSAS ) )ss coUNTY oF . _ ) AFFIDAVIT l/(glff///£/ S`/?é<.{;?f?’ , , after first being duly swom, do hereby swear, depose and state that W$l‘.§ 19#77‘/'}'§/,:)/1 l"$ 7%/{/ lundy c'l:rf/7” *»**_119{`_!//¢/ /{l'/,M///ez/ls»e' c%e "/'l/ftcl?"’ hmw :/7é¢/ m/! c?f oil/l §Mc/ '_7~//~ 7*)/ /l/l Lzze:{cj fry lv»w/ /)/ I farther swear that the statements, matters and things contained herein are true and accurate,to the best of my knowledge, information and belief DATE » ` AFFLA.“I§, n d :/::yq’ 07 7“” /0 /Q soCJAL SECURITY # SUBSCRIBED AND SWQRN TO BEFORE ME, a Notary Pub]ic, on this day of ,20 ` NOTARY PUBLIC My _Comr_m`ssion Expires:. STATE OF ARKANSAS ). cO_UNTY OF /IL£?I/,A ) . SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Pub]ic, on this /y day of /}///‘/1/ _ ',20/ 3 - _ . ’ NOTARY PUBLIC` j/§/§)/A//SS£&£H/C My Commlsslon Explres: _ v § "¢» 2 f 0 'E° / .);,¢¢s.¢~m~ TEXAS DEPARTMENT oF misth sAFET-v 'CRHWELABORATOHY . 350'WEST_1H 30 GARLAND,TEXAS 7soagssga 214/226=5245 ` _ oui)LEYM anM/;'=' ' ~Assr.~ omEcTon JAMES r\. 'vvi LSV¢" 9“““1 August 22,1995`] Investigator Cecil Shelton ’* """" Gregg County Sheriff’s Office lOl E. Methvin, Suite 559 » Longview, TX 75601 ` ~ vTQ: Sexualvkssault; Bennie David Guy, Suspect; Victim; Gregg County; 7~1-95;.Sub- sUBJECT; L1D-76,495; 002- 003 95 Levonna Taliaferro, mitting Agency Case No. DATE RECEIVED: 'August 16, 1995 METHOD OF SUBMISSION: In person by William Dennan EVIDENCE SUBMITTED: Sexual assault evidence collection kit from the victim. any physical trace REQUESTED ANALYSIS: Process the items for ' evidence associated with sexual assault ' RESULTS OF ANALYSIS- The victim' s blood was typed aS-a group "0ll and a secretor by Lewis typing A nonspecific presumptive test for the presence of semen was negative on the vaginal swabs and oral swabs. No_ spermatozoa were detected on the vaginal smear slides or the unlabeled smear slides- ' No hairs were’detected in the head and pubic combings. No relevant trace evidence was detected in the finger- nail clippings from the victim. No analysis was performed_on the saliva specimen. Please make arrangements" We are unable to retain this evidence to pick it up at your earlies-t Convenience. ginde é//L~Lé#(C/¢> ' Manuel Valadez, Lorna Beasley ' _ » Criminalist VI ' Laboratory Superv' LB/MV:lb cc: Au us. Lab= <_"_`_) ;,"7' 4 114 , COURTE$Y ~ SERV|CE ~ PROTECTION t F|LED cases couNTY. n-:xAs JUN 17 2015 Cause No. 23,613-B THE STATE OF TEXAS § § vs. § IN AND FoR ' § . ' _ BENNIE GUY § GRE_GG coUNTY, TEXAS ORDER DENYING DNA TESTING ' _ On this the _|£_ day of June, 2015, in Cause Nurnber '22,613~B,;B_ennie Guy’s Request for DNA testing came to be heard. This Court has reviewed Mr. Guy’s request and the State’s response, including affidavits from a deputy district clerk and a sheriffs deputy in charge of property -retention. The S__tate has responded to Mr. Guy’s request, by informing the court that the evidence Mr. Guy seeks to test Was probably not entered as evidence in his guilty plea hearing, and-Would not have been retained for 19 years, and can no longer be located This Court finds that the evidence no longer exists ina condition making DNA testing possiblet_ Therefore, pursuant to Article 64.03 (a) of the Texas Code of Criminal Procedure, this Court may not order forensic DNA testing en the named items Request for DNA testing is denied. JUN 1 Signed on 6. 2015 Cause Number 23,613-B Ex PARTE § IN THE msch coURT § 124“* JUchlAL msch BENNIE DAvn) GUY § GREGG coUNTY, TExAS AFFIDAVIT OF BEVERLY MATHEWS Before me, the undersigned authority, personally appeared BEVERLY MATHEWS, who after being duly sworn, stated the following under oath: “My name is Beverly Mathews and I am over the age of 18 and competent to make this affidavit I was employed by the District Attorney of Gregg County as a prosecutor from 1991 to 1998, and I was assigned to prosecute Bennie Guy, I have some clear memories of that case. I have been asked it` I have any _ knowledge of the location of a shirt, a comb, a pair of boots and a_ sexual assault kit from that case. “I did not keep evidence in my office If I ever needed to admit items into evidence from the Sheriff’s Office, I would have requested it be brought to the Courtroom on the day of trial. l would never have picked it up from the Sheriff’s ' oft`lce. After it was introduced, it would have been kept in the District Clerk’s office, not my office.” ~.~_»~.,.,..\1.,- _~`.~.,_._ _ “I do not remember the lab report being helpful or hurtful to the defendant l have no recollection of ever seeing the boots, shirt, and comb.” d holan severity MATHEWS, Afflam Subscribed and sworn to before me, the undersigned authority, on this the /Q% day ofMay, 2015. /7 _ 9 § await da ma s1 f ' “ \ `\._/ Notary Public, State of Texas ` PRlscsLLA Pmce .- N°¢ary Pubm; sure oF rem " Commluion Exp. 05-23~2015 Cause Number 23,613-B Ex PARTE § IN THE DrsTchr c`oURT § 1241H JUDICIAL nrsTRrCT BENNIE DAvn) GUY , § . GREGG coUNTY, TEXAS AFFIDAVlT OF DEBBIE KINNEY Before me, the undersigned authority, personally appeared Debbie Kinney, who after being duly sworn, stated the following under oath: “My name isn Debbie Kinney and I am over the age of 18 and competent to make this affidavit I have been employed by the District Clerk of Gregg County as a deputy clerk for the last 16 years, and I am assigned as a records manager and as a civil supervisor. I know the procedures for exhibit destruction m the Gregg County District Attorney’ s office “I began destroying evidence in 2011. I do not know who was responsible for that before I began. I believe that it had not been done for some time, because when I began, I destroyed some evidence from as far back as the 1970’8. It is now our policy to hold on to evidence from capital murder, murder, and sexual assault ncases, but I am not sure when that policy was implemented.” \ “I have been asked to search my records to see if the evidence requested by Bennie Guy has been destroyed I have searched for the evidence from Mr. Guy’s case, but have been unable to locate aidestruction record for the boots, comb, shirt and sexual assault kit listed in Mr. Guy’s motion and found no record that those items were destroyed.” Subscrlbed and sworn to before me, the undersigned authorlty, on this the n fm n _ l l _day ofMay, 2015 tilt 1 1 tav©tblic, State of Texas Cause Number 23,613-B Ex PARTE § 1N THE DISTRICT coURT § 1241lH JUDICIAL DISTRICT BENNIE DAvn) GUY § GREGG coUNTY, TEXAS AFFIDAVIT Before me, the undersigned authority, personally appeared Adalia Richmond, who after being duly sworn, stated the following under oath: “My name is Adalia Richmond and I am over the age of 18 and competent to make this affidavit I am employed by the District Clerk of Gregg County as a deputy clerk for the last 24 years, and 1 am assigned to the 188th Judicial District Court. I have knowledge of the procedures for exhibit storage areas of the Gregg County District Clerk. “I have been asked to look for evidence that was asked for by Bennie Guy, I have searched for the evidence from Mr. Guy’s case, but have been unable to locate the boots, comb, shirt and sexual assault kit referred to in Mr. Guy’s motion. I have searched the entire vault, all the exhibit cards (which should list everything in the vault on a particular case) and found no record of those items. I had another deputy, Jhazmyne Williams, go back and check it again. There was no exhibit card in this case, In the case file, I found an ‘evidence list’ prepared by the Gregg County Sheriff , which listed the four items plus a burned vehicle as exhibits '*"*“f°"’?'""`"""' "" .. ,. 114 ., . _ _... .. ‘A-E.’ That is not a list of State’s Exhibits from the trial, because at trial, State’s exhibits are given numbers, not letters. l “I have also checked with Debbie Kinney, our records manager, another veteran deputy in our office_. She told me she found no record of State’s Exhibits being destroyed.” “I do not know where the requested evidence is.” nw Adalia Rith{nond, Afaanr Subscribed and sworn to before me, the undersigned authority, on this the Notary Public, Svtate of Texas \QM\ day ofMay,`ZO 1 5. rnuniwllllululllullll|llu ' f » ullllllllllllill)l|lllll llllll v k STATE OF TEXAS m Hy Commhba win 12'1!*2915 ~ , lllllllllllllllllllllllllllllullllllllllllluuullllllu rl ml u. _' lllulnllllnlu l 'IIIlIIIlllIl'm ~,_,..._.......,.N¢....._`.....-.-,,,` `: _ ` Cause Number 23,613-B Ex PARTE - § . ' IN THE DIs'rRICT coURT` § 124TH JUDICIAL _DISTRICT BENNIE DAVID GUY § GREG_G CoUNTY, TExAs AFFIDAVIT OF DAVID FALCO Before me, the undersigned authority, personally appeared DAVID FALCO, k who after being duly sworn, stated the following under oath: “My name is David Falco and l am over the age cf 18 and competent to make this affidavit I have been employed by the Sheriff of Gregg County as a deputy for the last g years, and 1 am assigned as a Criminal Investigator / Evidence Custodian, and as such, I know the procedures for evidence preservation and destruction in the Gregg County Sheriff’s Oftice. “I was asked to search for evidence in the Bennie Guy case, specifically, a pair of boots, a shirt, a comb, and a sexual assault kit.” “I have searched the evidence storage area room and all storage rooms under my control as well as the original property log bo a d case file , and have not DA"er F/>rtco, Afaam Subscribed and sworn to before me, the undersigned authority, on this the _lg_ day of Ma¥“{mg§ "`;SO`€` ~',:. §§\~,. :_ soiARr/>@(O f Ml&'/] M)l//AU§"@M § ‘£;%>O/ iM Notary Public, State of Texas z’//, '<§t/)Rg§“% '.‘._-~"": Case: 5:lZ-cv-OOZZZ-JMA('”"`EDY Document #: 2-1 Date Fi|{e"~',,p€/lg/ZOlZ Page 37 of 119 t i CRIM.NAL liNFO'R-;MAT|DN 1131 THE Cl R,Ci`ti 1T C‘UUSR‘I' OI~“' $T». FRA'NC|.S COUNTY, AFRKAN’S_AS 53333 03 3333333,3$ n PL_MNT\FF v;s, No.. 33“33-§; 151 131 3 1111 333~13||3 133le Gut ~ DEFEHDANT naming GrD'la'E rio l"l¢_`\‘(`| 1:".3;..1_ Ni\ Earle, Arltan-sa:s 1333 303 313-33 3533 XXX-XX-XXXX §§§EEY Atrest.D31;3:~ B»)I=‘?'S Tracfhihg No.\: 214325? ' " 0113333(5}: 544-103 -\ R3'p3, Ctas's Y 1131333331 “:;‘~: z; 353-m n '.111'1.'11;`; BET1E5 GNEEN, vi 51 FRA UHCUSH§K “Cemes,, Fietcher 1333 ]33, Ptosecuting'A'ttomt-syi3_ttit`133 and 133 11133 13th judicial Bistt§ct 61 1113 State of'ArItarhsas‘, 01`33131311 S't. Frahc"i's County is 31 part, 131 the 3'33313 3331 1in the 3111!103'11;;' of the 533|;3 01 A:'ri:t:msas, 333 cady db accuse the above named defendant 0311:133 toilet-ting c imelfs 1: 533-103 - ~ 331>3 31355`3331.0333' Committed 35 fbliows to witt * - ’l"‘hat` 3315 detend3nt on or about 1433 25,1995 113 St. Frantis Ctmsity, 33311:333533, did 3333333 131 sexua§ ihtetmu=l:'se or deviate 3333:3! actith 331th 13551€3 133 H3rris by 13r3:113.13 compui`sio'n 11133'3133 committing the 01131353 01113333, Cia»:;s Y Fei'otty, agalhtt the peace ~ and tiigh1ty 31 the 51313. 31 At'ic-313533. 1133 pe:na[ity 133113331133333 01 ita;pe\, Class Y 1131033' is 1010 40 313313, or 1113 13 the Ari§:331533 Depattmeht 31 Correttiohs, 33131131' any such 0.1;1333 3331331;11331 tit conditions 33 may 133 113313¢3§3£`1 1333 lawt ith $§'E» /\‘ Lf; 1 Case: 5:12-cv-00222-J|\/||V'(f""'\DY Document #: 2-1 Date Fi|¢(?~"~f'\OG/lQ/ZOlZ Page 38 of 119 1333 a 33333 03'1":3133 33333:3&3“ she Sca®e. will 633‘3331'3'333 fesser inchde-d c)fffenses. _33.333:33333 30330, 333 3330$3£33333~333 333303333 33 333353' 363)33:3333 3335'3‘33;3€3 33 ida33 3 3333 333-3333 GARY ].\. CHUSSON DEPUTY SECUT|NG ATFORNEY Subscribed 366 sworn m before me this ¢"Zli`¥;§ay of ]an333333'_1, 3996 /M 7`7§€¢(/ 333 Comrmssmn Exp|res 33033333¥ §§p!lmber 133 2905 PROBABLE CAUSE H'EARENG , 3_, the 3333633333§3336 33363¢:3:33 office:l'j, have 33336 a Probable Cause Heazr]ng 033 6335 date; have reifewed the 3356333'33; attached to 333-3 w33h333 information 33336 upon sath 333333333333 and 0633:3 proof matters 366 331th before the Court, 60 hereby find that there 33 prcb.ab!e cause to 6033333333 3he. 033333633333 3333313-:36'§ 331333:333, to be 33336 for 33333 cm the offense charged.. S:iic§ defendant 333:3[§|§ §be, 333 has been admitted 30 3333| 333 3he amount 333 $_{_3§.3._3;)£3 30 assure 3335/313333 apppaa“ahce 333 Court 3333 3~1333€33 Z§, 39935 33333;3 each date <§»~)’ > q / Ca_se: 5:12-cv-00222-JMM"""DY Document #: 2-1 Date Fi|c(>.~"" 06/19/2012 Page 36 of 119 l . . l m THE .c_mcurr collar or sr. rmwcls couNTY, ARJ }essice. The 'M~oa;eE records indlcered char Guy renced a motel room at She!l Lake ac the dme indicated by ]essfca. Medlcal vest performed by the Memphls Rape Crlses Cen©er shows dual }esslca was ra,ped, that there were fears to me vagina area and that sperm and halr samples werel found on the vicdm_. An Alddavlc for Warranr of Arrest was signed and an A'rrac Warrant was lssued. \ GLENN vR.»*!\.l"TSE‘l" Subscribed and sworn w before me this m .[_ 2 z& day of ],a;nuary, 1996. M Ccrmmisslon E>t lres; S;lptember 15. 2 me \é en mlmw\m mv\.% made J.\\/\O W:S,§ NOW\ mma.~...euz~w w Q ¢ , n S~G,. O©.~U and h:S..O.n….; ,_Q\z~ .QO.C, mvm.~.§ oz eden l amend oz w§.. d K ®W.Q__ Gmm»,.f 5 O.O.Om.$ §§ oz e~za _ . mzomm oz cea \Q®P\\CU\Q made H_W¢..m §§ §m~ § §`Q: nnwne§~ ¢@Nee)<;&j@ uz¢z _ oh wmamw~m `m¢mz¢wm< mean gmaoz mm¢q qumm amwmumm