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Case #2017-16800 PROBABLE CAUSE AFFIDAVIT STATE OF TEXAS )( COUNTY OF JEFFERSON )( Before me, the undersigned authority in and for said county and state, on this the 19th day of July, 2017, personally appeared Tina Lewallen, who after being duly sworn, deposes and says: My name is Tina Lewallen. I have been employed at the Beaumont Police Department for twenty years. I am currently assigned as a Property Crimes Detective. On Julyl2, 2017 at 0555 hours, Thad King the resident at 443 Yorktown, Beaumont, Jefferson County, Texas called Beaumont Police Department Dispatch to advised he had just been shot at while standing in his home, Juveniles C.S, and J P were identified as suspects in an auto burglary in close proximity and time frame to this shooting. They were warned by a Magistrate of their rights. They gave confessions to both crimes, the auto burglary and the attempted Capital Murder, they stated they shot numerous rounds at the victim. They both stated Dustin Bernard was with them and drove them there in his car. They both stated Bernard handed them guns when they started and collected them at the end of their activities. When C.S was interviewed he advised me he saw the homeowner approximately 10 fect away and thought he had a gun in his hand. C.S told me he raised his gun and pointed it at the homeowner only 10 feet away and fired his firearm at the homeowner. There were a group of bullet holes in the sliding glass door directly where the victim was standing before he fled. The glass was held in place by the tint. Both J.P. and C.S. ran to the waiting car, driven by Bernard. C.S, advised me Bernard fired two shots in the air, while at his car in front of the victim’s residence. Dustin Berard was arrested from 1375 Edwia St this morning for an outstanding probation violation warrant. Four guns were found in the house. One of the guns was a forensic match to the same gun used in the shooting at 443 Yorkstown. This gun was recovered in the room, Berard was hiding in, Based on 19.03 Texas Penal Code, Affiant respectfully requests that a complaint be accepted and a warrant issued for the arrest of: Bernard, Dustin Jermaine; 8-6-95; 1860 Washington Blvd, Jefferson Co, Texas charging them ATTEMPTED CAPITAL MURDER- F1. SWORN AND SUBSCRIBED TO BEFORE ME ON THIS THE 19th DAY OF JULY, 2017.

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