Aycock, Lauren - Case Law

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COURT GF CR|M|NAL APPEALS
SB.ZS‘/Ot,oz Jul. 09 2015

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LAUREN ELIZABETH AYcocK § NAVARRo coUN'rY,.TEXAs

MQTIQN TQ §UPy_nnss

TO THE HONORABLE JUDGE OF SAID.COURT:
. `Now comes Lauren Elizabeth Aycock, Defendant, and files this Motion to Suppress and
shows the following:

l. Defendant has been charged with the offenses of Possession of a Controlled
Substance Penalty Group l- Under 1 Gram in a Drug Free Zone in Cause No. C35719-CR,
Possession of a Controlled Substance l’enalty Group l- Over 4 Grams Under 200 Grams with
lntent to Deliver in a Drug Free Zone in Cause No. C37820-CR, and~Possession oi: a Controlled
Substance Penalty Group 3 - Under 28 Grams in a Drug-Free Zone in Cause No. C35723-CR.

2. On or about June 11, 2014, oflicers of the Navarro County Sheriff’s Department `
executed a search warrant at 2924 W. S_tate Hwy. 22, Corsicana, Texas. As a result of the

execution of said search warrant, evidence that may be used by the State at trial of this cause was

seized.

3. The 7 actions of the Navarro County Sherit`f’s Deparl:ment violated the
constitutional and statutory rights of the Defendant under the Fourth, Fifth, Sixth and Fourteenth
Amendments to the United States Constitution, Article L Section 9 of the Texas Constitution,
and under Article 38.23 of the Texas Code of Criminal Procedure.

4. Lauren Elizabeth Aycock was arrested without lawful warrant, probable cause or

§ other lawful authority in violation of the rights of Lauren Elizabeth Aycock pursuant to the

_1-

o Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I,
Sections 9, 10 and 19 of the Constitution of the State of Texas.

5. Any statements obtained from Lauren Elizabeth Aycock were obtained in `
violation of Article 38.22 of the Texas Code`of Criminal Procedure and in violation..of the rights
of Lauren Elizabeth Aycock pursuant to the Fourth, Fifth,' Sixth, and Fourteenth Amendments to
the United States Constitution, Article I, Sections 9, 10 and 19 of the Coustitution of the State of
Texas. - l

6». Any wire, oral,- or electronic communications intercepted in connection with this
case were seized without lawful warrant, probable cause or other lawful authority in violation of
state and federal law. n

7. Any tangible evidence seized in connection with this case was seized without
warrant, probable cause or other lawful authority in violation of the rights of Lauren Elizabeth
Aycock pursuant to the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States
Constitution, Article I, Sections 9, 10 and 19 of the Consu'tution of the State of Texas.

8. Defendant specifically shows that the search warrant at issue in this case, under
which said evidence was seized, was in violation of the Fourth, Fifth, Sixth, and Fourteenth
Amendments to the United States Constitution, Article I, Sections 9, 10 and 19 of the
Constitution of the State of Texas and under Article 38.23 of the Texas Code cf Criminal
Procedure, for the following reasons:

a. The affidavit upon which the search warrant was based was improperly
and illegally executed.

b. The warrant was illegally issued for the reason that the supporting
affidavit does not reflect sufficient probable cause to justify the issuance of a search
warrant, in that: (i) the affidavit lacks sufficient underlying circumstances which would

_2_

permit the conclusion that the alleged contraband was at the location in which it was
claimed; and (ii) the affidavit fatally fails to state sufficient underlying circumstances to
establish the credibility of the afiiant.

c. The warrant was illegally issued because the affidavit did not show
probable cause sufficient to justify the issuance of the search warrant, because the
magisuate who issued the search warrant did not have a substantial basis for concluding
that probable cause existed, i.e., that the alleged contraband would be found in a
particular place, and thus did not meet the totality of the circumstances analysis adopted
in M, 103 s.Cc. 2317, (1983)§

d. The search warrant was illegally issued because the magistrates probable
cause determination reflected an improper analysis of the totality of the circumstances -
test when, as a matter of law, the probable cause determination was not objectively
reasonable.

e. The search warrant was illegally issued because the issuing magistrate was
misled by information in the affidavit that the affiant officer knew was false or would
have known was false except for his reckless disregard for the truth.

9. Therefore, Defendant requests that the following matters be suppressed at trial of
this cause:

a. Any and all tangible evidence seized by law enforcement officers or
others in connection with the detention and arrest of Lauren Elizabeth Aycock in this

case or in connection with the investigation of this case, and any testimony by the

Navarro County Sheriff’s Department or any other law enforcement officers or others

concerning such evidence.

b. The arrest of Lauren Elizabeth Aycock at the time and place in question
and any and all evidence which relates to the arrest, and any testimony by the Navarro
County Sherift’s Department or any other law enforcement officers or others concerning
any action of Lauren Elizabeth Aycock while in detention or under arrest in connection
with this case.

c. All written and oral statements made by Lauren Elizabeth Aycock to any
law enforcement officers or others in connection with this case, and any testimony by the
Navarro County Sheriff' s Department or any other law enforcement officers or others 7
concerning any such statements

d. All wire, oral, or electronic communications intercepted in connection
with this case and any and all evidence derived from said communications

e. Any other matters that the Court finds should be suppressed upon hearing
of this motion.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court suppress
such matters at trial of these causes, and for such other and further relief in connection therewith
that is proper.

Respectfully submitted,

LAW OFFICE OF NEAL GREEN, JR.
110 West Collin Avenue

P. O. Box 346

Corsicana, Texas 75151

903-874-9009
903-874~5494 - Fax

By:
Ne Green, J .
State Bar No. 24036679

nancy@nealg;eenlaw.com
Attorney for Lauren Elizabeth Aycock

_4_

Case Number

laclnENT/oFFENsE REPoRT ` c14-ovsso

fit ’- Rees|ved Data Roceived Tlme Recelved Me'thod Recetved By
06/11/2014 10 : SBAM ON VIEW ROLLINS, MYRIAH
_ ~ . d l tro m w lnmalCall Reportod By ~ ~ Dispatched To
s N° w §£w`:¥:“,,:;\` M,,’.n\§ Ncso pm\m¢p‘él 2924 w mm 22
M\N °"N°`\¢S£ 312 w 2un \'W'° coasrcAm, ‘rx 75110
' w coasrcam, 'rx ,*X\/_ ~

'Ofticer(s)lUnlt(s) Aastgned Date Nothied Dtspatch Anive C|ear 1otal Dispositlon
156D-RAGAN, RICKEY 0_6/11/2014 10:58 10:58 13:35 02:37 ARRIVED AT LOCATICN
`103E-FARMER, STAN ° 06/11/2014 11:40 11:41 14:43 03:03 CALL RECEIVED _ »
154H-WALLER, DARRELL ° 06/11/2014 11:40 1241 13:36 01:56 ARRIVBD AT LGCATION
135C-MURRAY, JAMES 06/11/2014 11:40 1':5§ 13:02 01:22 ARRIVED AT LCCATICN
133I~WAFER‘ FRBDIA 06 11 2014 11:4!8 12': 00 1 200 01:12 ARRIVED AT LOCATION
nvest|gator As§lgned At|lComp| Araa Subdilerid
15 6D-RAGAN, RICKEY ` COMPLETED , CID
ncideni/Ot\‘enso Data lncldent/Otfense Tlme "
36/11/2014 10:58AM
ncident/Otfonse Address '_`_ .
2924 W. HWY 22 CORSICANA, TX 75110
Entry Pnint Exk Polnt Weapon/Foree Ussd § Ev|denca Co||ected

|nddent/Ottense Descri|itlon

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ross cs re 1 <1c banc trans zom:
ross cs as 3 <2ac nauc max zone

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:vrnENc naucs, macon PasscaIPnoN aoT'rr.u w/suspnc'rr:n so.oo N
maJ:JuAm assume """
:vrnENc oaucs, macon PanscaIPnoN some w/Mur.nPLE $o.oo N
nraraaam' ms Prr.r.s rNsIou ?". '
.vrneNc naucs, macon Annemr.r. soran w/s oIAzEPAM (var.rum so.oo N
' r>ILLs, To'rAr. warsrrr APPaox. 1 c
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:TNEss RAGAN, arcKzY ~ -.
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0 1999, Th¢ Smm Gmup, Ine.
e.' 771is report is fumished in compliance with the Texae Open Records Act, article 0252-17a Vemons Annotated Civil Stalutes,

e la w, and published mlings relating to cases under in vestigation.

|l‘iClDENTlOFFENSE SUPPLEMENT

Case Number

C14-07690

|nvesiigator Ass|gned
156D - RAGAN, RICKEY

Ar€a

CID

An/compo
COMPLETED

Subdiv/Grid

|nc'Hen|/Offense Date
0 6/ 11/2 014

|nddent/Cffense Tim¢

10:58AM

lncldev\lloffense Address
2 9 2 4 W HWY 2 2

. p a
CORSICANA, TX ,75110

incident/misuse Descrtptlon

CArEGoav CLAss DEscalmou or lTEu(s) Esmurso VALus NC|C Drsv
EVIDENC DRUGS, NARCOTI CLEAR BAGGIE W/SUSPECTED .$0.00 N
METHAMPHETAMINE APPROX S.BG, RED
BAGGIE W/SUSUSPECTED METHAMPHETAMINE
lzir»i>aox. 1.`8<;, ann BAGGIE w/susr>r.c'rnn
» METHAMPHETAMINE APPROX 1. 6G
EVIDENC MISC. RED BAGGIE W/RESIDUAL AMOUNT SUSPECTED $0.00 N
METHAMPHETAMINE `
EVIDENC MISC. BLACK SAFE W/KEY $0.00 N
EVIDENC MISC. VARIOUS PRESCRIPTION BOTTLES W/PILLS $0.00 N
EVIDENC MISC. ZI?PERED POUCH, NUMERQUS EMFTY BAGGIES $0.00 N
AND BLACK DIGITAL SCALES`
EVIDENC MISC. GLASS METHAMPHETAMINE PIPE W/SUSPECTED $0.00 N
METHAMPHETAMINE »
EVIDENC CASH 1750 U.S. CURRENCY RELEASED TO D.A. 'S $1,750.0_0 N
CFFICE SU`BJECT TQ ASSET FORFEITURE
EVIDENC COMPUTER EQUIP SAMSUNG SPH-752 CELL PHGNE W/CHARGER $0.00 N
# (903) 851-1250
. $1 , 7 50 . 00
YEAR MAKE MoDEL CoLoR LlcENsE Desca\PTloN
Comgmm NAnE & AuDREss l " l DEscalP‘nonlluEN'nFchrloN
WITNESS WAFER, FREDIA
312 W 2ND AVE
CCRSICANA, 'TX 75110
SUSPECT AYCOCK, LAUREN ELIZABETH :
2934 w nwr 22 ' ' '
CORSlCANA, TX 75110
suspnc'r soarNG'roN, aoasa'r ma l ' 1 '

2924 W HWY 22 - '
CORSICANA, TX 75110

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'OFFENSE REPORT (755534.1)
Tase Number: C14-07690 by Officer 156D (RAGAN, RICKEY) 06/11/14

STATE OF TEXAS - LAUREN AYCOCK AND ROBERT EDRINGTON v
~ via ~’* vw se
)EFENDANT vIoLATIoN _ pa No~\\,l»\_\l Mn
sycock. Lauren Manufacture / Deliver Controlled Substance .“§~ m
- PG 1 >=4g<200g / Drug Free Zone (Meth) NA
State Hwy 22 Texas Health and Safety Code 481.112 p,m»
forsicana, Texas First Degree Felony '
Possession of Controlled Substance
PG 1 <1g / Drug Free Zone (nycodone, Morphine)
Texas Health and Safety Code 481.134 ' -
Third Degree Felony
Possession of Controlled Substance
PG 3 <289 / Drug Free Zone (Diazepam)
Texas Health and Safety Code 481.134
State Jail Felony
Bdrinaton, Robert Manufacture / Deliver Controlled Substance
- PG 1 >=4g =4g<2009 / DFZ, POCS PG l ~
:1_q /DFz and Pocs PG3 <289 /DFZ. l " §u
)ETAILS: ‘ Nj¢a“°`;\ my §
, oUH\ \
L. On 6/11/14 Serqeant Raqan, Sergeant Darrell Waller a j/*°X“Nywv§;

Stan Farmer went to 2924 W. State*Hwy 22 in Corslcana, TX to make Ax\

t wl occupants a e residence. Sergeant Ragan and other':§gzxn{d€@mm
NCSO Narcotic Offlcers had received information about subjects at .`ij@@`at
that location possession_and selling methamphetamine and W“Fd`\r \
prescription medications. 'q '

mm wan/'.F\`fsi paj¢ sims nw at Mu mg ma \,w!ml\+% wm now Ayml¢or
Ul\\\awn rack

Sergeant Ragan knocked on the door and a subject identified as Unu“*h“`nhmmd
Bruce Edrington answered the door. Sergeant Ragan identified /’ e!‘ ---
himself and asked if officers could enter the residence. Bruce ~a+
Edr'n to allowed officers inside and told office that he would
s'dence. Officers observed a white
male, later identified as Robert rington, exit a bedroom on thetje,`“g
southeast corner of the residence. Sergeant Ragan could hear a *' aunt
female’s voice in the bedroom and noticed that the female subject ASUKH{
delayed exiting the bedroom. Sergeant Ragan could hear what 1}“)5°@“1¢5

524> seemed to be the female subject moving around inside the bedroom
i '655

by the sound of her voice.. The female subject, later identified Szrtfyllh

pga \\as-Lagren Aycock, exited the bedroom and all three subjects sat vhgh ir“wng;

her

KBL

upon `i'l~lll!-Oil{¢l\“€$ LM\'
mining mm warrant wm ~ hammond m+

*"¢

_ Sergeant Ragan advised of the
narcotics complaint and asked for identification. Both Robert
Edrington and Bruce Edrington provided their information to

officers and Ms. Aycock stated that her drivers license was in

bedroom. Sergeant Ragan requested that she get her drivers

license and Ms. Aycock went to her bedroom where she retrieved

her drivers license. Sergeant Ragan noticed that Ms. Aycock

removed her wallet that contained her drivers license from a small

black safe and then locked the safe back. Sergeant Ragan noticed

that Ms. Aycock used a key on the necklace she was wearing to 1 hud
open the safe. Sergeant Ragan has lillmd_eilg_ewgh_orevigns-'ASSW"‘U/Fw _<,_{
field e eri ' ' 'lar o wiat Ms. @““£3;
Aycock ad in her bedroom, are commonly used to hold illegal

contraband inside such as narcotics. .

Ms. Aycock then returned to the living room and provided
officers with her drivers license. Ms. Aycock and Robert
Edrington told officers that they lived at the residence

together. B c- _qrin~ton stated that he was visitin~ and

Ceme to e residence en - mmrm-r

irme~ a =ruce Eérln~ton did not reside at the 1
wm gomm§, a now oeth ama nat/wa hom<.. umw *”“3

Captain Farmer noticed a prescription bottle sitting on top of the `
kitchen counter in plain view from the living room. The bottle MN%
did not contain a label and a residual amount of a substance was \%d$~f%nhl£
seen inside the bottle. Sergeant Ragan asked who the bottle £k
belonged to and Robert stated that someone had left it at the

residence. Sergeant Ragan asked if officers could look inside
the bottle and Robert Edrington told officers that they could UM*A FQNS
look inside. Captain Farmer opened the bottle and noticed a YN%UW

residual amount of suspected marijuana. The bottle was later
marked Drug Exhibit #1 (D-l). Sergeant Ragan asked if anyone in hkial
the residence had prescription medication and Ms. Aycock st

A/
that she did. ij Aycock showed Ser to her ro `and dun?a§nb
gave consent for §§?geant-Ragan-to'I5§§a§§;§:§§gfh€_p?§§cfipfion,y@uoqnmcn
medication and Ms. Aycock stated that she did. Ms. Aycock ' md
showed Sergeant Ragan to her room and gave consent for_Sergeant f“]r+bau_H::*
the bottles. Sergeant Ragan noticed ul ' l ' mh\§dwmmv$¥f
of pills inside one prescription bottle (D M .
Sergeant Ragan that the unidentified pills were given to her by
a friend. Ms. Aycock stated that the pills were a diuretic and

\not prescription medication. Ms. Aycock stated that she no ashjw§'_

longer had the correct bottle and had placed the pills in the lo h-§l
bottle with her prescription. Ms. Aycock and Sergeant Ragan “JNL b

l’i'{?o\af, M)\' l\`
_ 1 h "¢°‘e¢+, wash
h§ m mg '>=4g <200g / DFZ, POCS PG3 <289 / DFZ and POCS PGl‘1‘.1»€:1:

Corsicana TX 75110 Eyes: Green Ha|r: Brown Age: 25
Prlmary Phone: (903)851-1250 SSN: DVL #: State: TX

wmth rio Swum\+ &r{£m 1+\~‘6 mims \/Mm+rvm someone umw
WMQ__D`_\'_ Q)NJ\ pmm\»- 0\11»'¥`173 (I\\(g€d OQ£Q\$© W‘Q ml- ‘(5 also ar`eSo`¢(J-l'H'oF'
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iiiw€»~>\¢e s W+~»MM s wm ”1 ”

§th§&l.#. Z:Wltnm
Pr|mary: No .
Name: Newton. Monica Renee Race: White Sex: Fema|e DOB: 07/04/1982
Addre$s: 109 N FORDYCE Halght: 511 7 ln Wolgh\: 112.0 lbs. 1`-'-’-;.='~5=3'

B|ooming Grove TX Eyes: Blue Ha|r: Blonde Age: 30
Primary Phone: (903)467-6426 SSN: 232 DVL #: State: TX

:,.

term PH JUNUUcOcE)Lew¢m¢ss- Pdlgwl W»hmmbcm\ H“@Mn
allech w b`rv)r|'ur 6h0r444j0¢FH! die/ue ocuiml ¥or lUVV/l 04 nme over
resided 10ng and wm weir engijgd 4+ W+,w,. A/Mvh

..5“°*° \Y\ \°vwn m,.,,,n?;q;;whp dw;¢y m annum »m;m mw¢ww

"W*\ mm m l€»vcrrm,pmmh Namm ooiu&i¢g" ml

Arrests

Arrest No. Name Address Datel'|'lme Type Age

2386A Aycock, Lauren Elizabeth 3200 W 7TH AVE 09/02/2012 09:35 Warrant/Taken into 28
Custody
Corsicana,TX 75110

Page: 5 of 9

Corsicana Po|ice Department

Detail

Corsicana TX 75110 Eyes: Haze| Ha|r: P~‘. -`_. 1 Age: 30
Pr|mary Phone: (903)872-3871 SSN: .-. DVL #: l \. State: TX

GroupIOR| Crlmo Code Statth Descriptlon
stare 13A Pc 22.02(a)(2) Agg AssaunWTDe`adly weapon

lctO rlnl

1,,;1:1;§`,,-;,:;:,;; 5?:'="'.-;\' L'f~.,»=

§_uhjm_»z am

Pr|mary: Yes _ V|ct|m Type: individual

Name: P|t¢man, Jeffrey Wi||iam Race: White Sex: Male DOB: 06/30/1983

Address: UNKNOWN Helght: 511 9 in We|ght: 160.0 lbs. Bu||d: Thin
Cotsimna TX 75110 Eyes: Brown Ha|r: Bmwn Age: 29

Prlmary Phone: (903)340-5820 SSN: l DVL #: State: TX

Ba|§!§d£!tenm

GroupIOR| Cr|me Code Statute Descrip‘!lon
state 13A . P"c 22.02(a)(2) Agg Assaun w/Deadcy weapon

Page:4on

wm bow smu m r@¢m+<,w»wd W~wmg M me mud¢m-+D comm iv
On'g‘ \ _WMS.*€(¥“ f smwjy_g_"*'\*’ ""°“5“ a "“S'U bm°'“*”""°'"§lw W| “““”W’

...'\ _.I\\A. -r. . \-.- ll a A_n., .A _-Q»,.n

Detail

Corsicana Po|ice Department

Print DateITime: 04/01/2015 16:58 Corsicana Po|ice Department
Login lD: rdavis 0Ri Number: TX1750100
Case Number: 2012-00018722
Seq # 2
EL§MLS_Q¢|§§; Property Type: AudioNisuai Property Ciass: Recordings Date Rece|ved: 09/13/2012
Recording
Device

Evidence Non-iBR UCR Va|ue: $D to $50 initial Valuo: $0.00 » ix
Property
;=-=.'_.-=_t.l,;;;,-~ i,g;'r;. \~- l'f.';;~ ~.§z;':j‘_ ,:_, ._--._ _ .:L-j»‘_)- '_.\'~;.
Descr|ption: 7 audio recorded statements Officer Remarks:

1 CAC interview

attached to arrest report

& a copy placed in

records drawer 1

.:.
Recovered Address: l
'i\ ! "i; ' ’ `§t‘\
Date Transaction From From Roie To To Roie
Seq # 1
'=~;-'j.: 1`"1.1`¢1~:;.._‘-.': ir;:'i-'.- "-'~=12’;";€'.==;=‘:
Emm[ty_¢_wg_g; Pmperty Type: Automobiles P.- - : -- ~ » ~ omobiies Dato Received' 08/28/2012
Destroyed/Damaged UCR Vaiua: $50 to $200 n tiai Vaiue: $200.00 '»¢';.-. §.;:i =..-;,~: ' \:
Nandaiized
t Officer Remarks:
Make: Honda "-1- ' if'»»'" -¢'
¥ear: 1997 ..= . »~ ’. Coior: Silver l
1.:51=~~=_. Reg.ORi: TX1750100 Reg. Number:
Rag. State: TX z _ , i
mu_mqnmtlan
5;-”~~ ~.i.' g l ,;i-=
z ' Recovered Address:

Ansmiat§d_§ubia§ta

Page: 8 of 9

aff/cans 1 \.
f a/u.-e Corsicana Po|ice Department _

Detail

Print Date/Time: 04/01/2015 16:58 Corsicana Po|ice Department

Login lD: rdavis ORi Number: ' TX1750100
Case Number: 2012-00018722
Date Code Type Make Modei Description Tag No. item No.
09/13/2012 Evidence Non~iBR Documents ‘ Firearm application
Property BAFT form
CPS report
Repair estimate
Document turning
over handgun
Medicai records
all attached to
arrest report
09/13/2012 Evidenoe Non-|BR AudioNisuai 7 audio recorded
Property Recording Device statements

1 CAC interview
attached to arrest
report

& a copy placed in
records drawer 1

08/28/2012 DestroyedlDamaged Automobiies Honda ACCORD
Nanda|ized
Seq # 3
ELop_e[ty_dige_; Property Type: Documents Property C|ass: Document/Photo Date Received:
COP¥
Evidence Non-iBR UCR Value: $0 to $50 initial Vaiue: $0.00
Property
Descrlption: Firearm application Officer Remarks:
BAFT form /
CPS report
Repair estimate
Document tuming
over handgun
Medicai records
all attached to
arrest report

.4 .<_. 1 z :; Recovered Address:

A§m|e!ed_&uhieet§
§baio._ot$.u§to.d!
Date Transaction From From Ro|e To

09/13/2012

To Role

Page: 7 of 9

afs/6303

a//ce- Corsicana Po|ice Department
Detail

Print DatelTime: 04/01/2015 16:58 Corsicana Po|ice Department
Login lD: rdavis OR| Number: TX1750100
Case Number: 2012-00018722

Ameeu! ZQQ§A

Name: Aycock, Lauren Elizabeth DatelTime: 09/02/2012 09:35 Type:graken Status: in Custody

~ . . tody
Address: 2924 W STATE H|GHWAY 22 Race: White Sex: Female DOB: 07/04/1984
' Corsicana, TX 75110 Helght: 511 5 in Weight: 165.0 lbs. 311
Eyes: Brown Ha|r: Bionde
Phone: (903)851-1250 SSN: DVL#: State: - TX
Pa/LMAJI
Locauon: 3200 w 711-1 AVE NKVK¢.Q.O 00\\£9@ (.OSMH‘U\% t Cou@j¢
Corsicana,TX 75110 . '

Age at Arrest: 28 n 1

1_= .. € Ciears Case: Yes

._§: " .-..;»,._i .;__-
Arrestlng thcers Bureau School Resource Officer 4
119=;:1;`131;)1¥¥ \,(/g .‘.\, no 133 Wam) U>|Wj'¢ 1915 m
\'\A l

mme <..
Fm<,u\yal/M¥N'GQ m man ULOl`$UPllY\L mr N co 04

An'.e.st_Qhamee

No. GrouplORl Crlme Code Statute ' Description

1 ’ State 13A PC 22, 02(a)(2) Agg Assault W/Deadiy Weapon

Counts 1 Charge Datefl'lme: 09/12/2012 09 35 Attempt/comm|t: Commit _

Disposit|on Jailed v t Dispositlon Date: 09/12/2012 NC|C Code: 13150005

,_ ,A,_ ll_:i ‘i"-.» N°

Property

Page: 6 of 9

Ot.her ORl:

=.-=1`.~..»'., -'=.iz:¢'; 51\"=1.'

Corsicana Po|ice Department

Detail

Frint DatelTime: 04/01/2015 16:58 l d Corsicana Po|ice Department
Login lD: rdavis ORi Number: .TX1750100
Case Number: 2012-00018722 -

Date Transaction From _ From Roie - To To Roie
Vehicles _ _ _ _ '_

No. Roie vehide_rype,:- vw. uaw _ ' lodel n " ' colorl ` . u¢ense mate state

1 passage ear 1997 wear ' ' esm-ao "sm" ' ’ ' Tx

4 1

gm 19 men rowe we gee wig/151 memo

Page: 9 of9

OfficerID: 1194, Summary ' Pag°f 101>'19

On 08/28/2012 the complainant advised that a known actor assaulted her.

WD@F'?

Page: 11 of 19

OfficerID: 1194, Officer's Narrative

INTRODUCTION: On 08/28/2012 Ofi`icer DeChaume and I, Officer Bedsole, were dispatched
to the government center in reference to an Assault call at approximately 0016hrs. Upon arrival I 6 \,\L Wa§
met with Rebecca L. Huffman (W/F DOB 01/07/1982) who stated that she was physically / § 2 h | ! f

b`\\\“\ assaulted by Lauren E. Aycock (W/M DOB: 07/04/1984).

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W I\v\¢ \S /
®, `F SCENE SUMMARY: The offense occurred at 1713 Bowie Corsicana TXM ‘k( KLL

"W' WW”$`\%OF OFFENCE: The victim, Rebecca L. Huffman, reported that she was assaulted by
via 1040 her ' Lauren E. Aycock. Huffman advised us that she and her boyfriend, Jeff Pittman `
sup _\o-'(\~V (W/M DOB: 06/30/1983) had been at Aycock’sLe_§_id_egge, Huffman and Aycock had been
\#)y talking in Aycock’s bedroom when all of a suddenAycock started accusing Huffman of trying to
\¢\9 steal a watch. Huffman advised that before her and her boyfriend, Jeff Pittman, could leave,
pbx Aycock pulled a gun on them. MMM\MM
\/\u Mmhe;§icl_e_ngg Huffman advised that as they made their way out of the house e

and got into her vehicle Aycock said “if you ever come back, I’ll blow your fucking head oft” l/\ lw'm q

and then slammed her hands with the ddwn on the hood of her car causin a dent. » L' b ' € ,~ H'N'

c - "Em g TOMHN'$)\" w bior:\: S 1~1)/\
L\ Huffm`an ` r saw a watch in A cock’s re ' We were able to see a w ma geo-fOW?

¥ ®W“l< dent in the hood of Huffman’s vehicle, a silver 1997 Honda Accord (TX LP ).‘We

\\` \'Were unable to take a picture of the damage due to the small nature of the Au‘\ ‘1\ `SN\SGM\£(` \o")fo~ wq¥\ Page: 12 0119
\
1059 913/m 657 “
her residence and that Pittman had come to see Edrington. We spoke to both Aycock and rawl F`Fmd
Edrington. ' ' us that he told Huffman outside because A co / ‘¢n.h.,

eeling well and Was tgg'ng to sleep. u with Edrin ont 'n tos her r

residence an wa and walked to A cock’s bedroo Aycock told us that Huffman asked her if m
she could buy some of her prescription medication, Xanax, and Aycock said that she told
Huffman no and to get out of her room. Aycock stated that Huffman had her back to her and was
messing' with something on her dresser. Aycock told us that Huffman commented on a picture on
the dresser and she told Huffman to leave her room again. Aycock said that she became

E suspicious because it appeared that Huffman had put something into her pocket and then walked

out of the bedroom. Aycock told us that she got up and followed Huffman into the dining room
and confronted her about taking her watch, which was a replica Rolex that her mother had
§§ purchased for her. Huffman denied taking the watch and turned and emptied her pockets on the
dining table. Huffman then walked away and Edrington saw the watch lying on top of some mail
m on the tabie. Aycock told me she saw the watch, which had been on her dresser and became very
w‘\ angry. Aycock said that she walked outside and confronted Huffman about the watch as she and
W\"`O Nw\," Pittman were entering Huffman’s vehicle. Aycock stated that she started to hit Huffman with a
closed fist, but turned and struck the hood of the vehicle instead. Aycock told us that she yelled

?*B\d;b§\ at Huffman, telling her never to come back to her house again, or she would “beat her fucking

\|\WO§ g ass”. Aycock said she then called Ofiicer DeChaume to request a close patrol due to the

\I ~`\)(\`“\ argument Aycock said that she was afraid that Pittman and Huffman would damage her vehicle.
/ We asked Aycock about displaying a handgun and she and Edrington denied doing so. Officer '

DeChaume asked Aycock if she owned a handgun and she stated yes. Officer DeChaume asked
if she could show us the handgun and Aycock went back into the residence and brought out a
black plastic case containing an unloaded Smith & Wesson revolver. Aycock stated that the
pistol belonged to her grandfather, who was a Texas State Trooper. Aycock told us that she did
not display the weapon and that she did not have any ammunition for the weapon in the
residence. n -

This case has been forwarded to CID for further investigation

SUMMARY: On 08/28/2012 Rebecca L. Huffman advised that she was assaulted by Lauren E.

Aycock ar trw game 1a warsaw \1111111\ *Yw“¢°i W*"

neporcing officer off Travis Bedsole 1234
FTO Off Scott DeChaume 1194
Approving Supervisor: Sgt Kenneth Kirkwood 1110

_ Page: 13 of 19
complainant contact

On 08/29/2012, l Detective M. Dockery attempted contact with complainant in this case. l was not able
to contact the complainant, so a message was left for her to contact me.

ON 08/29/2012, the complainant, Rebecca Huffman, contacted me back in reference to this case.

Huffman reported to me that she would come to my office and speak with me in reference to the case L ) &"

at 13:30 hours this date. While l was on the phone Huffman made allegations to me that during the

events that occurred last night that the suspect, Lauren Aycock, not only pointed the handgun at her, /\ Wi(j-»/

th ' d it at her 11 year old son Pe ton and yelled at him to get back in his fuckinggom. MN
Upon learning these allegations l made contact with the law Enforcement Hotline for CPS and reported MCO%
the allegations to them. The report was filed with a female who identified herself as MlMl |D number p\ mo \

1388. M|M| provided me with a reference number of 62769553 for the reporting to CPS.

%%90 on fm )Mg[_h§a.d.nff. Huffman advised that Aycock was accusing her of stealing a Ro|ex watch that she
S\`b\ /did not take. Huffman stated that she emptied her pockets and showed Aycock that she did not have Ll 6
_ _ any property that belonged to her. Huffman told this detective that while Aycock was in possession gf/
y t_h,§.llé_llli§lln.lhal.£h£nointed it at everyone in the residence. including her own son. During the
interview Huffman provided a description of the handgun, that only a person who had seen lt would
d have been able to provide. Huffman also advised that when she and Pittman were leaving the residence.
QO(\'M \ _that Aycock ran out of the house with the handgun and slammed it down on the hood of her vehicle
a ms go SM\?"{M§wusing a large dent in her hood. The interview between this detective and Huffman was audio b W
wax WM recorded and a copy has been retained as evidence in this case. Huffman also advised that after the w\\DV~ m '
Wqu q altercation, that she contacted one of her friends, Monica Newton, and advised her of what had / wm Mm'oa

m »
omi$\¢!\\ tim qvl\ ‘ happened Huffman Stafed that Newton then contacted Aycock to speak with her about what had w{\.¢\ Skor l ¢ ¢z;rl.r

\1¥‘®\ ad happened mk|{, was gm sz"

trc HO~ would 51.¢ mm 7
1 w( fan 0“ .
rm vs syU\‘\n’ \| - f_rw`p ?
umw Upon further review l discovered that the patrol officers that initially respo o this call failed to l
‘m \ ¢ .-f_* fw 41
photograph the damage that was done to Huffman's vehicle. On 09/12/2012, l made contact with &H¢ronj ,Mi

Huffman who came to the police department so that l could obtain photos of the damage to her vehicle. "h¢lCl-W\)'

Huffman had already provided me with an estimate nmb-lewme m H:_,;;u
repair the damage wouldFe@ m HV`AMV`AW O(' m _ w? ~ n m gan."'l>_¢
watchman m tsi»iiwi¢?oriww+ -'i* 9
hug vida 30 small i`+ coukm`i even bc photographd '
\;u~d wasn t phoinf¢pk¢ ~l» ima of .Yic.‘¢wi,|»" l'hN Um
°“ imm A~lw)¢aM ll??.

Page: 14 of 19

Det. Michael Dockery

. . Page: 15 of 19
contact with witness \

ON 08/29/2012, l Detective M. Dockery attempted to contact the witness in this case, Jeff Pittman, to
set up a time for him to meet with me. l was not able to make contact and received a message that the

phone had a voicemai| that had not been set up. Continued attempts will be made to contact this
witness.

(/| E ' ‘H\lj
- _ called
ON 08/30/2012, l detective M. Dockery made contact and met with leff Pittman, a witness in this case. W‘hy?j

Pittman advised that he had observed all of the events that took place at Aycocks residence. E_ ittman

advised that he was contacted by Kyle Edrington, who is Aycock’s boyfriend, and Edrigton asked him to MW i'o
5 mh¥.the.residenee.- Upon arrival Pittman stated that he and Huffman were invited into the residen la£.~€x¢¢vl'

{\.l, wa by Edrington, and that Edrington stated that Lauren was in the bedroom sick. Pittman stated that ,L.!-E ila
\/\<°‘Mw\ Huffman entered the bedroom where Lauren was located, and after approximately 10 minutes she wave .__q;ec lbbid
N""~p \ returned to the kitchen area of the residence where Pittman and Edrington were |ocated. Pittman g m
`\W‘/ stated that Lauren came out of the bedroom and was in possession o`f_a handgun and began to accuse x m haml-
U§ Huffman of stealing a watch. Pittman stated that Lauren pointed the gun at Huffman and made threats ang?\?'\ *J‘M"
tg blow her hea§_Q.ff. Mh£.WBS-SD-i-Dg-m.kilh:[. Pittman advised that Lauren’s son entered the U', de
and that Lau e urn d and ointed the ' ' ' ' ` ' pp f lay
_ v 'I Pittman was asked if he could describe the gun, and he provided a description of the gun, and advised Ll E_ ha `S -
§Q(,U“\"s ° _ ""that it was an old revolver. The description of the gun that Pittman provided would have only been able fn h, W‘LS
n md folo\*|d ‘ to be given by someone who had seen the gun.Pittman interview was audio recorded and a copy of the w had i|:_zgom
recording is retained as evidence in this case. The recording provided a detailed description of the 0 ,
`0 \)u;§` \)¢\»>( events. cwn:d -
Bow O\

MAMW V_C'ihitX\/\`CW mm 40 541 "\C S*'DYj is cons-'sicni-.

6\}!\ Det. Michael Dockery

. . ' Page: 16 of 19
Contact with Monica Newton

/ ON 08/30/2012, l Detective M. Dockery, made contact with Monica Newton, who advised that she had
` spoken with Aycock on the night of the offense. Newton advised that she would provide me with a
statement of what she new but that l would have to come to her residence at 2212 W. 11"‘. Newton

advised that she was recovering from Surgery and that she could not come in to meet with me.

l Detective M. Dockery, along with Detective R. Phillips went to Newton's residence. Newton advised H MS@ .
l that on the night of the altercation, Rebecca Huffman called her and told her what had happened. /D/
S/n_ Newton stated that she made cont,a`ct with Aycock and asked her what was going on, and told her thay o VOU'
(:1\10,'

she had hga[g shg was gg|li'ng guns 'on geog` le. Aycock [g§ponded to Newton by saying hell yeah l did' m K’
chord'

v\ufll\? On and if l would have had a bulle't'lwould have shot her head off. Newton stated that the conversation `H\L 75 ap
\b/) was ve sho .The interview between myself and Newton was audio recorded, and a copy has been pmm
?lq) ' » / retained as evidence in this case, l (°nw/Sa+)"D/)'
` ' rrbOi`*`H'u,-l~ i;J-

5b an SN~(. “LY/i occurgd¢f
S(N(\ ‘*w$ W.€e`z(l§ichael Dockery Aycock- s 615 ry
v map `H'lw} 7
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twa e»f“’“`°"'

_ Page: 17 of 19
contact with Lauren Aycock

ar posits
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On 09/13/2012, l Detective M. Dockery made contact with Lauren Aycock at Navarro County lail. Upon g¢M_H`
,.l contact with Aycock she was advised that she would be having an additional charge of Tamper with /`¢ci) rd g
l w . Government Rggord adde d §§ Lig[ current charge she was in custody for. l advised Aycock that l would M+ 113
be obtaining a search warrant for her reisdnece to obtain the gun that was used' in the assault offense. CKS£,.

ll\@\` \\»
w NA`S ¥\_ A coc a need for search warrant that she would turn the un ov to rn
\\\\3> \‘ \\\o{\\r _ pgssession since it was evidence in the case. Aycock advised that she would have her grandmother get
the d t ' t .
mw \;J!`J\&\\"B gun an ge it o me
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po»'i>»"-
On 09/13/2012 at approximately 13:00 hours Brenda Daniel Aycocks mother, contacted me to see about
' bringing me the gun. l was not at the office at the-time so when I returned l made contact with Danie|.
Daniel advised that her mother Verna Crook had possession of the handgun and advised me that l could
retrieve it from her.

On 09/13/2012, l made contact with Verna Crook at 521 Lexington and she released the handgun a
Smith & Wesson 357 model 28-2 serial number N1503. The gun also has DPS 24915 engraved in the left
side of the gun. l wrote a hand written note which Verna Crook signed'indicating that the suspect Lauren
Aycock told her to release the gun to this detective The gun was logged as evidence and delivered to D.
Piel in the property and evidence room.

Det. Michael Dockery

’ v Page: 18 of 19
contact with suspect Lauren Aycock

_D{ ON 08/30/2012, at approximately 17:00 hours, Candace Heisserman, with Chi|d Protective Services,
M'QO conducted an interview with the suspect, Lauren Aycock. The interview was conducted at the police

Heisserman, During the interview Aycock advised that she was at home in bed sick, and that Huffman

<\\:i%€:\“\b` department at my office. l Detective M. Dockery sat in on the interview between Aycock and

barged into her residence uninvited. Aycock advised that she was in bed with the door shut, so it is
‘< W unclear to this detective how she would have known first hand that Huffman was no_t invited into the
ss inn

l
a/»L*O

_rg_s§ggge. Kyle Edrington, Aycock's boyfriend, had already admitted to calling.leff Pittman, who is
Huffman s Boyfriend, and inviting them to come visit. Aycock advised that H,i!iffman entered her h \ M

b , . . . w . `
vog\ /W’and laid down on the bed with her, and that she was trying to get zanex pills from Aycock mg haw

Aycock advised that she stated to Huffman that she did not have any and for her to leave her alone./

€ M Mck never mentioned anything about asking Huffman to leave, or asking why she was in her/L) 6 ky wang
L\ l l

a/)( resid .Aycock advised that that it was nighttime, after dark, and that the light in the bedroom was

ma ucc )((\,BN\S q off. Aycock said that the bathroom light was o . Aycock said that Huffman got up and walked over to her

N\‘tu`b dresser and was looking at~a photograph on the dresser. Aycock stated that Huffman removed a Ro|ex

mg “\\(\3“ watch from the dresser and placed it into her pocket and then left the room. lT is unclear how Aycock

\»o\b~\’\) )(o was able to see this since she had stated that the lights in the room were off, it was dark outside, and 'q, m
-_N\QA V°");:)m Huffr\nan's back would have been facing her. / nw me°m \*3\*\' `MUd `H-l Og`£€w om;‘ l +
- MCM
( Lp \ 00 b“\“d,; rpqm lip-(in lU S-Q," \q'l% bole Df. OS(.€,, H’l(, l-»\D
$d/‘Wd W\ 5 hmw l~“" u?h il§i\+smibs m ~lim bain wis ir;z:’ ‘W
w 615 m _`, Aycock advised that after she noticed the watch was gone that she got up and went into the kitchen U'l m pagel
§ nw which is where Huffman, Pittman, and Edrington were located. Aycock mentioned something about the

wm r VA‘ watch to Huffman, and that Huffman got nervous and e pti d r ockets on the table. At one point

Aycock said she saw Huffman remove the watch from he `iiocket, and then she stated that she walkecémb w )m{,g$(-.S, ‘/0.

N# s -
§\\W\mm over to the table and it was laying there. lt is not clear if Huffman ever had possession of the watch. b€l~'U'¢d mm
fY\'\'\'\l YN\' Aycock stated that she advised her son to go to his room and shut the door, and that she retrieved a gun a"¢'\d'“ gun , m

from her bedroom and walked into the kitchen. Aycock denies pointing the gun at anyone, including her \:°°:;'::$:;"c:s d

son, and stated that she only showed it to them to let them know that she had one and that no one was mmi
M\>r ',going to steal from her property. Aycock stated that she put the gun up and Huffman and Pittman left md m

the residence. Aycock admits to going outside and striking the hood of Huffman's vehicle with her hand, jaw ,'.P
me ‘Ybut denies having the gun in her possession when this event happened. When asked if any damage was 35 €vi dme

caused to Huffman's vehicle she responded with l hope so. Aycock admits to having the gun out and in

her possession, but denies pointing the handgun at anyone, and denies making any threats to harm

anyone. The interview that was conducted was audio recorded and a copy of the recording has been

retained as evidence in this case.

lnvestigator Heisserman with DFPS asked Lauren if once the interview was concluded if we could go to
her residence so that she could see the living conditions of the child and make sure there was food in
the residence, and that the utilities work. Aycock was hesitant to let Heisserman come to her residence.
l advised Aycock that due to the allegations that l needed to obtain photos of the weapon, Handgun,
and advised her that l would obtain a search warrant to do so if necessary. Aycock consented to allow
me to come to the residence and photograph the handgun, and agreed for Heisserman to come to the
residence with me. Once the interview was concluded l Detective M. Dockery, along with Heisserman

Page: 19 of 19

went to Aycocks'residence, 1713 Bowie Dr. Aycockinvited us into the residence, and`took me to the
bedroom where the gun was located. Aycock retrieved the handgun from atop the armoire in her
bedroom which was in a plastic carrying case. Aycock handed me case and al|. l opened the case and
determined that the handgun was a 357 revolver, and it did 29 have any ammunition in the gun or in
the _case. l took three digital photos of the handgun and all have been added to this report. l did note
that the handgun had a stamp on the left side of the frame of DPS 24915. l have learned that this is not
the serial number of the weapon, but is believed to be a tracking number for DPS so that the handgun
could be tracked by the agency to show who it was issued to. ' l

Aycock advised that the gun that she had in her possession belonged to her grandfather who was a
retired DPS Trooper. Aycock stated that the gun was left for her son for when he was older. The gun was
in fact determined to be her grandfather’s weapon, but l was able to determine that lt was not left in
her possession for her son as she had stated. l spoke with Candace Heisserman who is working this
investigation jointly with me. Heisserman had spoken with Brenda Daniel, Aycock’s mother, and learned

that the gun had been sold to a family friend. Daniel advised Heisserman that her father had expressed

concern of Lauren having the handgun so she sold it to keep Lauren from getting it. The gun was then

later sold to Jessie Bonner at Jessie's Gun Shop in Corsicana Texas by the person who Daniel had sold

the gun to. l made contact with Jessie's gun shop on 09/04/2012, and spoke with him in reference to the

handgun. Jessie confirmed, and provided me with documentation, and records of where he actually sold

Aycock the gun. Aycock was not truthful as to how she came about having possession of the firearm,

and this is supported by the transaction records, and the ATF form 4473 that she had to fill out to

purchase the handgun, Aycock had purchased the handgun through a lay-a-way program, and actually

took possession of the handgun on 04/25/2012. Ay_§ggk'§ damaged her credibility by not bLg_llonest as

to how she came about possession of the h_ag£l_ggn. \r~“'\-A\' O»W»d' Hui€mm'$?? ll disl“h'l\¢!l W\"Q.OQ\'U-(`k

inhibit lui/lew i, +was
hamm ama § A miss 15 nhm+vq<++l\ur$ivgsimgh+ ll

Aycock was asked by Heisserman if she had ever been treated for any mental illness and Aycock advised
that she had not. l had knowledge_of Aycock receivi_n_g_g,-atment from glean oaks hospital in the_pgst for
sucidial intentions l made contact with .lerry Futman, investigator with the Navarro County District
Attorney's office and requested that he subpoena Aycocks medical records from Green Oaks Hospital.
On 09/12/2012, l received the medical 'records, and a copy of the records are attached to the case file as
evidence.

Det. Michael Dockery,