MIDLOTHIAN, TEXAS POLICE DEPARTMENT

APPLICATION AND AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT

THE STATE OF TEXAS

COUNTY OF ELLIS

LOCATION:
National Subpoena Compliance
Center, AT&T Mobility
11760 US Highway 1, 4th floor
Suite 600
North Palm Beach, FL 33408

THE UNDERSIGNED AFFIANT, BEING A PEACE OFFICER UNDER THE LAWS OF

TEXAS, SPECIFICALLY THE MIDLOTHIAN POLICE DEPARTMENT AND BEING DULY
SWORN, ON OATH MAKES THE FOLLOWING STATEMENTS AND ACCUSATIONS:

1. THERE IS IN ELLIS COUNTY, TEXAS, A PLACE AND PREMISES DESCRIBED AND

LOCATED AS FOLLOWS:
The Midlothian Police Department, which seeks the historical records/information
contained herein and believed to be in the possession of AT&T National Subpoena
Compliance Center, AT&T Mobility 11760 US Highway 1, 4th floor, Suite 600, North
Palm Beach, FL 33408, hereinafter AT&T.
Identified cellular phone(s) with Mobile Directo
hereafter referred as "Target Numbers".
This information is believed to be imperative in locating a suspect(s) in the MURDER
investigation of Terri "Missy" Leann Bevers that occurred on Monday, April 18th, 2016.

2. THERE IS AT SAID PLACE AND PREMISES ITEMS CONCEALED AND KEPT THAT
CONSTITUTE AS EVIDENCE IN THE COMMISSION OF THE CRIME OF MURDER.
AT&T National Subpoena Compliance Center, AT&T Mobility 11760 US Highway 1, 4th
floor, Suite 600, North Palm Beach, FL 33408.

The following is ordered to be provided, if available, for the time period of 03/01/2016 to
present day 04/24/2016;

Cell sites activations, including any available ranging data [distance from tower, range to
tower (RTT), Per call measurement data (PCMD)], sector and approximate distance, and all

APPLICATION AND AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT

EVIDENTIARY SEARCH WARRANT
AT&T National Subpoena Compliance Center "Target Numbers"
MPD # 16MP015685

registration information, including signal strengths, logs, etc. (if obtainable).

All outgoing and incoming communications/call detail records (CDRs), with cell sites,
including all telephone numbers, chirp numbers/direct connects/walkie-talkie/Universal Fleet
Mobile Identifier (UFMI) numbers, email addresses (electronic mail), Internet Protocol (IP)
addresses, World Wide Web (www) addresses, dialed/communicated with (outgoing and/or
incoming). This includes local and long distance telephone connection records, including
all text [short message service SMS)] detail records, email detail records [including IP
(Internet Protocol)] logs, email header information, and email addresses], IP connection
detail records/logs, and, video, audio, and/or photo image transactions records, such as
multimedia messaging service (MMS) (picture/video messaging) detail records/logs, sent
or received, to provide dates, times, and methods of voicemail access, and records of
session times and durations.

All subscriber information, including any available telephone numbers and/or unique
account, equipment, and/or network addressing, these may include the Electronic Serial
Number (ESNs), International Mobile Subscriber Identifier (IMSls), Temporary Mobile
Subscriber Identity number (TMSI), International Mobile Equipment Identifiers (IMEls),
Mobile Equipment Identifiers (MEIDs), Mobile Station Identifiers (MSIDs), Mobile
Identification Numbers (MINs), Mobile Dialed Numbers (MON), Integrated Circuit Card IDs
(ICCIDs), Personal Unlocking/Unblocking Codes (PUKs), PINs (personal identification
numbers), and/or Media Access Control (MAC) address(es), and all billing/payment
information and accounts notes, for the specified cellular/wireless telephones.

If available, an engineering map; showing all cell-site antenna/tower locations, sectors,

azimuths, beam widths, pilot PN (pseudo noise) offsets, and true orientations. And, a list of
any and all cellular sites numbers [Local Area Codes (LACs), Cellular Identifiers (CIDs), IAP
(intercept access points) system identities, repolls, switches, etc], locations, addresses,
neighbor lists, etc., and/or latitude and longitude of any said sites.

Should the cellular/wireless number/equipment which is the current target of this Order have
changed, during the requested period, including the MINs/MSIDs, MDNs, ESNs, MEIDs,
IMEls, IMSls, ICCIDs, PUKs, IP addresses, PINs and/or MAC addresses, or combinations
thereof, have been changed by the subscribers during the period of time(s) covered by this
Order, then this Order will apply to any other MINs/MSIDs, MDNs, ESNs, MEIDs, IMEls,
IMSls, ICCIDs, PUKs, IP addresses, and/or MAC addresses.

That all call detail, direct connect, subscriber, numeric messages, alpha-numeric/text
messages, and any related records and/or access be provided, upon the specific request of
officers/agents/designees of specific data from specific time period within the confines of this
Order, in an electronic format specified by agents/officers/designees.

APPLICATION AND AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT

EVIDENTIARY SEARCH WARRANT
AT&T National Subpoena Compliance Center "Target Numbers"
MPD# 16MP015685

3. SAID SUSPECTED PLACE AND PREMISES ARE IN CHARGE OF AND CONTROLLED

BY EACH OF THE FOLLOWING NAMED PARTIES (HEREAFTER CALLED
"SUSPECTED TARGET NUMBERS" WHETHER ONE OR MORE), TO-WIT: AT&T,
AND IT IS THE BELIEF OF THE AFFIANT, AND AFFIANT HEREBY CHARGES AND
ACCUSES, THAT:

Your Affiant is requesting all AT&T historical records/information pertaining to the identified
"Target Numbers" as outlined and described above that would support any and all
communications including to but not limited to cell phone calls, messaging, texts, emails,
data, walkie-talkie, GPS locations or push to talk.
Your Affiant has reasonable grounds to believe that the historical records/information
stored by AT&T for the specified "Target Numbers" during the specified date range is
imperative in identifying the suspect(s) involved in the ongoing investigation of MURDER
against Terri "Missy" Leann Bevers which occurred on Monday April 181h, 2016 within the
hours of 3:00 a.m. to 5:00 a.m., Central Standard Time.
4. AFFIANT HAS PROBABLE CAUSE FOR THE SAID BELIEF BY REASON OF THE
FOLLOWING FACTS, TO-WIT:

See attached document labeled "Exhibit A".

reference incorporated herein for all purposes.

Exhibit A is attached hereto and by this

WHEREFORE, Your Affiant, respectfully requests that this court issue an Evidentiary
Search Warrant which authorizes the Midlothian Police Department to obtain
records/information related to the identified "Target Numbers" and orders AT&T to
produce information/records/data as more fully described above.

AFFIANT
Investigator Cody McK' ney
Midlothian Police Department

Subscribed and sworn to. before me at,

dayof

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,A.D.,20-#z-.

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/M by said Affiant on this the

JUDGE BOB CARROLL '

40TH JUDICIAL DISTRICT COURT

ELLIS COUNTY, TEXAS

APPLICATION AND AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT

EVIDENTIARY SEARCH WARRANT
AT&T National Subpoena Compliance Center "Target Numbers"
MPD# 16MP015685

MIDLOTHIAN POLICE DEPARTMENT

EVIDENTIARY SEARCH WARRANT

THE STATE OF TEXAS

COUNTY OF ELLIS

LOCATION:
National Subpoena Compliance
Center, AT&T Mobility
11760 US Highway 1, 4th floor,
Suite 600
North Palm Beach, FL 33408.

The State of Texas to the Sheriff or any Peace Officer of Ellis County, Texas, or any Peace
Officers of the State of Texas and Officers of the Midlothian Police Department and Special
Agents/Officers of the North Texas High Intensity Drug Trafficking Area, Eastern Drug Squad
Group One, Drug Enforcement Administration (DEA), United States Marshal Service (USMS),
officers from the New York Police Department Analytical Programs Unit and Special Agents of
the Federal Bureau of Investigations (FBI).

GREETINGS:

Whereas, the Affiant whose signature is affixed to the attached Affidavit & Application For
Evidentiary Search Warrant ("Affidavit") appearing on the document hereof is a Peace Officer
under the laws of Texas and did heretofore this day subscribe and swear to said Affidavit
before me (which said Affidavit is by this reference incorporated herein for all purposes), and
whereas I find that the verified facts, stated by The Affiant show that The Affiant has Probable
Cause for the belief he expresses therein and establishes the existence of proper grounds for
the issuance of this Evidentiary Search Warrant:
NOW THEREFORE, this court hereby orders AT&T to provide historical record information,
facilities, and technical assistance to provide the Midlothian Police Department (herein-after
includes all other persons identified above) with the services and information related to these
identified Mobile Directory Numbers here and after to be referred to as "Target Numbers":

(B. Bevers)
A. Tucker)
C.Tucker),
K. Cozine)
M. Cozine)
R. Bevers),
PAGE 1 OF3
EVIDENTIARY SEARCH WARRANT
AT&T National Subpoena Compliance Center "Target Numbers"
MPD# 16MP015685

(V. Bevers)

1. The following is ordered to be provided, if available, for the time period of 03/01/2016 to
present day 04/24/2016;
2. Cell sites activations, including any available ranging data [distance from tower, range to tower
(RTT)], sector and approximate distance, and all registration information, including signal
strengths, logs, etc. (if obtainable).
3. All outgoing and incoming communications/call detail records (CDRs), with cell sites, including
all telephone numbers, chirp numbers/direct connects/walkie-talkie/Universal Fleet Mobile
Identifier (UFMI) numbers, email addresses (electronic mail), Internet Protocol (IP) addresses,
World Wide Web (www) addresses, dialed/communicated with (outgoing and/or incoming). This
includes local and long distance telephone connection records, including all text [short
message service SMS)] detail records, email detail records [including IP (Internet Protocol)]
logs, email header information, and email addresses], IP connection detail records/logs, and,
video, audio, and/or photo image transactions records, such as multimedia messaging service
(MMS) (picture/video messaging) detail records/logs, sent or received, to provide dates, times,
and methods of voicemail access, and records of session times and durations from the time
period of 03/0112016 to present day 04/24/2016.
4. All subscriber information, including any available telephone numbers and/or unique account,
equipment, and/or network addressing, these may include the Electronic Serial Number (ESNs),
International Mobile Subscriber Identifier (IMSls), Temporary Mobile Subscriber Identity number
(TMSI), International Mobile Equipment Identifiers (IMEls), Mobile Equipment Identifiers
(MEIDs), Mobile Station Identifiers (MSIDs), Mobile Identification Numbers (MINs), Mobile Dialed
Numbers (MDN), Integrated Circuit Card IDs (ICCIDs), Personal Unlocking/Unblocking Codes
(PUKs), PINs (personal identification numbers), and/or Media Access Control (MAC)
address(es), and all billing/payment information and accounts notes, for the specified
cellular/wireless telephones.
5. If available, an engineering map; showing all cell-site antenna/tower locations, sectors,
azimuths, beam widths, pilot PN (pseudo noise) offsets, and true orientations. And, a list of any
and all cellular sites numbers [Local Area Codes (LACs), Cellular Identifiers (CIDs), IAP
(intercept access points) system identities, repolls, switches, etc], locations, addresses, neighbor
lists, etc., and/or latitude and longitude of any said sites.
6. Should the cellular/wireless number/equipment which is the current target of this Order have
changed, during the requested period, including the MINs/MSIDs, MDNs, ESNs, MEIDs, IMEls,
IMSls, ICCIDs, PUKs, IP addresses, PINs and/or MAC addresses, or combinations thereof,
have been changed by the subscribers during the period of time(s) covered by this Order, then
this Order will apply to any other MINs/MSIDs, MDNs, ESNs, MEIDs, IMEls, IMSls, ICCIDs,
PUKs, IP addresses, and/or MAC addresses.

PAGE20F3
EVIDENTIARY SEARCH WARRANT
AT&T National Subpoena Compliance Center "Target Numbers"
MPD# 16MP015685

7. That all call detail, direct connect, subscriber, numeric messages, alpha-numeric/text
messages, and any related records and/or access be provided, upon the specific request of
officers/agents/designees of specific data from specific time period within the confines of this
Order, in an electronic format specified by agents/officers/designees.

J:~qM,

on this the
Issued at
which witness my and this day.

.Z5

day of

*'l_.. ,

20,L.hto certify

p~

JUDGE BOB CARROLL

40 JUDICIAL DISTRICT COURT
ELLIS COUNTY, TEXAS

PAGE30F3
EVIDENTIARY SEARCH WARRANT
AT&T National Subpoena Compliance Center "Target Numbers"
MPD# 16MPOI5685

EXHIBIT "A"
AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH
WARRANT
{Article 18.02(10), Texas Code of Criminal Procedure}
YOUR AFFIANT'S BACKGROUND, TRAINING AND EXPERIENCE
Your Affiant, Cody McKinney, having been duly sworn, declare as follows:
I am a Sergeant with the Midlothian, Texas Police Department. I have been employed by
said department for a period of approximately eleven (11) years. I have served in
investigative capacities within the Midlothian Police Department for approximately nine
(9) years. I have received special deputation as a Deputy United States Marshall, and
sworn as a Federal Task Force Officer (TFO) assigned to the North Texas High Intensity
Drug Trafficking Area (HIDTA), Southern Money Laundering Initiative. I am currently
assigned as a Task Force Officer (TFO) with the Drug Enforcement Administration (DEA)
Eastern Drug Squad Group One. I currently possess an Advanced Peace Officer
Certification as merited by and with the State of Texas Commission on Law Enforcement
(TCOLE).
Your Affiant has also participated in numerous narcotics and financial investigations with
the Internal Revenue Service-Criminal Investigations (IRS-Cl) relevant to violations of
State and Federal Money Laundering statutes. Your Affiant has also received specialized
training in narcotics investigations from the Drug Enforcement Administration (DEA) and
related Money-Laundering matters from the Internal Revenue Service-Criminal
Investigations (IRS-Cl).
Your affiant is also trained and certified in the use of Cellebite/UFED electronic forensic
data extractions, and affiant has had substantial experience in extracting electronic/digital
data from various types, makes, and models of electronic/digital devices including cell
phones, tablets, and GPS devices. Additionally, affiant has spent hundreds of hours on
numerous cases analyzing such extracted data and information.
In addition, Your Affiant has experience in the execution of financial search warrants,
narcotics search warrants, debriefing defendants, informants, and other
witnesses/individuals who have personal knowledge of the amassing, spending,
converting, transporting, distributing, laundering, and concealing of proceeds derived
from the distribution of illegal drugs.
Your Affiant has used a variety of investigative techniques during his investigations
including, but not limited to, electronic surveillance, visual surveillance, the use of

confidential sources and the use of undercover agents. Information contained in this
Affidavit is derived from Your Affiant's knowledge of, and prior experiences in financial
and narcotics investigations; information obtained during interviews with drug traffickers
familiar with this drug trafficking organization, and review of reports prepared by special
agents with DEA as well as other federal, state and local law enforcement agencies. As
a result of Your Affiant's participation in this investigation, my conversations with, and
review of reports prepared by HIDTA Task Force Officers as well as other federal, state
and local law enforcement agencies, I am familiar with all aspects of this investigation as
articulated in this Affidavit. Information contained in this Affidavit includes the results of
review of property records and other information obtained from public sources; physical
surveillance; information from cooperating witnesses and law enforcement personnel.

YOUR AFFIANT'S PROBABLE CAUSE

The recitation offacts contained in tit is Affidavit is not meant to be a complete narrative of all
information tltat is known to Your Affiant, but only a summary of facts, to necessitate tlte
establishment of sufficient probable cause, in support of tit is affidavit, for tlte issuance of this
Evidentiary Search Warrant.
Terri "Missy" LeAnn Bevers was murdered by an unknown suspect(s), currently at large,
as she arrived to prepare for a physical fitness class she was to teach on the morning of
April 18, 2016 at the Creekside Church, located at 5401 East U.S Highway 287,
Midlothian, Ellis County, Texas 76065.
The unknown suspect dressed in police tactical/riot gear, obtained forcible entry to the
location of the murder, to-wit, the Creekside Church, and appears on the Creekside
Church surveillance videos. The unknown suspect is the only person detected within the
building during a period of approximately thirty (30) minutes when the victim and
decedent, Terri "Missy" Leann Bevers, was murdered, and it is reasonably believed that
the said unknown suspect is responsible in part or in full for murdering Ms. Bevers. It has
not been determined that the suspect in this MURDER is if fact a male in the police
tactical/riot gear. In certain portions of the footage the suspect appears to have what has
been described as a feminine sway or walk. The footage also indicates that the suspect
has a distinct walk that is indicative of some type injury which effects the right leg/foot.
Throughout the course of this MURDER investigation, evidence has been recovered from
electronic data extractions performed on Brandon Bevers (husband) and Ms. Bevers
personal electronic devices (lphones and an lpad). This extracted information has
provided officers with potential persons of interest "Target Numbers" based on the
nature of the communications (text, messages, and recovered deleted messages)
between Ms. Bevers and the above "Target Numbers". A portion of these messages (as
well as deleted messages) recovered indicate and confirm statement and tips provided
to officers of an ongoing financial and marital struggle as well as intimate/personal
relationship(s) external to the marriage with identified "Target Numbers". Officers have
also received several tips from citizens with possible suspect leads due to the surveillance
footage being released to the general public. Some of these leads have been very specific
PAGE20F3

CONTINUATION OF AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT

1150 N. US Highway 67, Suite 300, Midlothian, Ellis County, Texas 76065
Midlothian Police Department
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as to the approximate weight, height, build, distinct walk and or feminine sway of the
suspect. These tips have been followed up and are identified as "Target Numbers"
identified above.
Based upon the facts and circumstances surrounding this crime of murder as presently
known by the Affiant, and in conjunction with the Affiants training and experiences in law
enforcement, crimes against persons, and criminal activity, Affiant believes and charges
that at the time of the commission of the offense of murder that the unknown suspect was
in possession of a cell phone and had been in contact in some manner with "Target
Numbers" identified above for the following purposes, without limitation: (i) confirming
through public social media sites and/or applications the updated workout times and
locations as posted by Ms. Bevers; (ii) communicating in the nature of calls, messages,
texting, emails, data, push-to-talk, and walky-talky; (iii) using smart phone capabilities to
photograph, record, and/or video the victim and the murderous act; and (iv) using
functional applications and tools such as map locator applications, clock or timing
capabilities, GPS locating applications, and flashlight.
Additionally, your Affiant has relied upon his common experience, as well as informational
research obtained (demonstrating that over ninety percent of American adults own a cell
phone and a substantial percentage of such cell phones possess smart phone
capabilities) in establishing that the vast majority of the populous own, possess, utilize,
and carry on or about their person (or within their vehicle) a cell phone on a regular and
constant basis, and consequently, Affiant has further probable cause to believe that at
during the specified date range the "Target Numbers" did in fact have contact with Ms.
Bevers.
Your Affiant seeks to obtain historical records maintained by AT&T in the ordinary course
of business which document all such electronic/digital signals to/from the "Target
Numbers" (for a specified date range), which can be analyzed and utilized to identify
specific cell phone devices, GPS locations and cell phone subscriber information, which
in turn can lead to the identity of the unknown suspect(s) responsible for the murder of
Ms. Bevers as described above.
#~

GP

AFFIANT
Investigator C. McKinney
Midlothian, Texas Police Department
Subscribed and sworn ~o before me by said Affiant at_
day of

~ L-

? if~ on this the ~-2~

, A.D., 20~

dC~

JUDGE BOB CARROLL

4Wd JUDICIAL DISTRICT COURT
ELLIS COUNTY, TEXAS
PAGE30F3

CONTINUATION OF AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT

1150 N. US Highway 67, Suite 300, Midlothian, Ellis County, Texas 76065
Midlothian Police Department
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