Wording of affidavit written by Texas Ranger James Holland to seize the cell phone of Constable Jesse Flores to further an investigation into suspected crimes committed by Denton County Sheriff William Travis:
UNDER THE LAWS OF TEXAS,
WHO, BEING DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS:
My name is Texas Ranger
James B. HOLLAND and I am commissioned as a peace officer by the Texas Rangers.
1. There is in Denton County,
Texas, the following items, described and located as
follows: An unknown make
and model cellular telephone registered to phone number (972)955-5464 and
utilized by Jesus Lopez FLORES, HIM, DOB: 04-03-1969, during the year 2012 to
at least 06-02-2013.
2. The cellular telephone
will be in the possession of Jesus Lopez FLORES and
therefore located at the
place where Jesus Lopez FLORES may be found at the time of the execution of the
search warrant requested herein. Jesus Lopez FLORES is known to reside at (address
redacted) in Denton, Texas. Jesus Lopez FLORES works in Denton County, Texas as
a Constable; his office is at 401 West Hickory Street Suite Number 229 Denton,
Texas. Affiant requests authority to search the person of Jesus Lopez FLORES,
wherever he may be found in Denton County, Texas, IT necessary to seize the
cellular telephone described in Section 1., above. Affiant requests authority
to enter the premises described herein, IT necessary, to seize the cellular
telephone described in Section 1., above.
3. It is the belief of affiant
that Denton County Constable Jesus Lopez has possession of and is concealing in
said cellular telephone the following: text messages; photographs or
digital images, video digital images, Electronic mail, All messages, to include
but not limited to, iMessage, SMS, MMS, chat logs such as Yahoo, Skype, MSN,
AOL, and other application-based messaging services,
contacts, calendar entries, social networking profile data, to include but not
limited to, user names and identifying information, messages, contacts/friends,
postings and status updates, etc, messages through any games, notes, list of
all downloaded applications, web searches, and any all downloaded content. Said
property constitutes evidence that the offense described in Paragraph 4, below
was committed.
4. Affiant has probable
cause for said belief by reason of the following facts and
circumstances:
Your Affiant, Texas Ranger
James B. HOLLAND, is a peace officer licensed by the State of Texas and
employed by the Texas Rangers. Your Affiant has approximately
seventeen (17) years
experience as a licensed peace officer in the State of Texas.
Your Affiant has extensive
experience in investigating felonious crimes and has been conducting high
profile' felonious investigations as a Texas Ranger for more than five
(5) years.
On 04-16-2013, Company
"B" Headquarters aSSigned Company "B" Texas Ranger James B.
HOLLAND to conduct an inquiry into allegations that Denton County Sheriff William
Barrett TRAVIS, W/M, DOB: 01-22-1963, offered a bribe to former Denton County
Sheriff's Department Deputy Kevin Andrew BRAGG, W/M,
DOB: 11-10-1965.
Company "B"
Headquarters provided a letter from Special Prosecutor Frank ABLE
requesting the Texas
Rangers to investigate said allegations of Bribery.
On 04-23-2013, Ranger
HOLLAND met with Special Prosecutor Frank ABLE at the Denton County District
Attorney's Office. Special Prosecutor ABLE provided Ranger HOLLAND the
following documents:
A letter from attorney
Robert J. DAVIS dated 02-07-2013, addressed to Assistant
Denton County District
Attorney Hardy BURKE. The letter pertained to a civil
lawsuit filed by Kevin
BRAGG against Denton County and former Denton County
Sheriff Benny PARKEY. The
letter discussed the following: An attached
electronic message that
was sent by BRAGG'S attorney, Chris RAESZ, an
electronic message
"purportedly" sent from Sheriff TRAVIS to BRAGG dated 10-
12-1012, and various
attachments that included sections of the Texas Penal
Code involving Bribery,
Bribery and Corrupt Influence, Tampering with a Witness, and a reported case
involving a conviction for Bribery against former Denton County Sheriff
KAISNER.
An electronic message from
'William Travis <Xraywt1 @aol.com>" to "k bragg
<kdrewb3633@yahoo.com>,
sent "Thursday, October 25,2012 11:15 AM,"
Subject "Good
Morning." The electronic message discussed the possible lawsuit
BRAGG filed against the
former Sheriff PARKEY and Denton County. The
electronic message stated
the following:
" ... if you did file a suit and you want to come
back to work at Denton County
Sheriffs Office a couple of things need to be done? The
law suit has to be
dropped and I have to see a judgment reflecting this by
November 5, 2012! Also
required, will be a letter to me stating you will never
sue me, my staff, the Denton
County Sheriffs Office or Denton County in any way! This
letter must be from
your attorney and need to be signed and notarized! This
letter also has to be to
me by November the 5th, 2012. I hope you can understand
all of my request!! I
don't play that way and don't expect the people that work
for me to operate in
that manner! Talk to you soon, Will"
On 05-03-2013, Ranger
HOLLAND interviewed former Denton County Sheriff and current Cooke County
Attorney Investigator Benny Wade PARKEY, WIM, DOB: 02-11-1953, at the Cooke
County Courthouse located in Gainesville, Cooke County, Texas.
Investigator PARKEY stated
the following:
A) In 2009, Former Denton
County Sheriffs Department Deputy Kevin BRAGG
initiated a lawsuit
against PARKEY, the Denton County Sheriffs Department, and
Denton County. BRAGG'S
lawsuit alleged that he (BRAGG) was a whistle
blower and was fired
because he (BRAGG) reported malfeasance in the Denton
County Sheriffs
Department.
B) Three days after the
November election, TRAVIS met with PARKEY in
PARKEY'S office at the
Denton County Sheriffs Department. The BRAGG
lawsuit was brought up
during the conversation. TRAVIS advised that he did not
know about BRAGG'S suit
until two (2) weeks prior. TRAVIS stated that BRAGG
would drop the law suit
against the Sheriffs Department when PARKEY left
office. TRAVIS advised
that he went to church with BRAGG and that TRAVIS
had "bent BRAGG'S
ears back" over the suit. TRAVIS stated that BRAGG was
"gonna drop it when
you leave," and that "none of this gonna happen."
On 04-03-2013, Ranger
HOLLAND reviewed a recording of a conversation in which
TRAVIS was discussing the
BRAGG lawsuit. TRAVIS stated the following reference
Kevin BRAGG:
" ... To give you a
little heads up on that. .. Kevin goes to my church .. . I
did not find out about that lawsuit until ah two weeks ago. That's the honest
truth ... anyway when he told me about it and I blew up at him in church. I
mean just flat blew up in the lobby and said you better give me a dismissal
because I wanna give it to him because here your wrong. Just
because you lost your job you need to take enough pride and get going somewhere
else and find another job, do whatever you got to do. Shame on you for. ..
anyway he's gonna drop it anyway when you leave. So I was hoping
I told him you better have these dismissal papers from your attorney if you
don't or you and I will never say another word again ... 1 did not know about
the lawsuit. .. well none of that's gonna happen ... "
On 05-07-2013,
at approximately 10:46 AM, Ranger HOLLAND interviewed a Denton County Sheriffs
Department Deputy in Denton County, Texas. Said deputy stated the
following:
A) TRAVIS advised said
deputy, in approximately late August of 2012, prior to the
November general election
that he (TRAVIS) would get BRAGG to drop a lawsuit
against former Sheriff
PARKEY, and the Denton County Sheriffs Department, to
show PARKEY that he
(TRAVIS) was getting things done. TRAVIS advised said
deputy that it was
important for him (TRAVIS) to get the BRAGG lawsuit dropped
because it would
"look good" on TRAVIS. TRAVIS both texted and directly
communicated with said
deputy in reference to BRAGG dropping his lawsuit, that
he (TRAVIS) was "just
gonna get it done." TRAVIS never went into specific
details with said deputy
about how he (TRAVIS) would get BRAGG to drop the
suit, but stated (TRAVIS)
"one way or another he would get it (BRAGG'S lawsuit)
dropped."
On 05-30-2013, at
approximately 10:10 AM, Ranger HOLLAND interviewed former Denton County
Sheriffs Department Deputy and current Runaway Bay Police Officer Kevin BRAGG,
WIM, DOB: 11-10-1965, at the office of BRAGG'S attorney, Chris RAESZ. BRAGG
presented Ranger HOLLAND with a copy of an electronic message sent from Sheriff
TRAVIS (Xraywt1 @aol.com) to BRAGG (kdrewb3633@yahoo.com) dated
10-25-2012, at 8:58 PM. The electronic message contained a string of three (3) electronic
correspondences that were initiated by TRAVIS on 10-25-1012, at 11: 15 AM. The
first string was identical to prior correspondence provided to Ranger HOLLAND
by Special Prosecutor ABLE, in which TRAVIS laid out a list of demands that
were to be met if BRAGG were to be employed by the Denton County Sheriffs
Office. The second string was a response from BRAGG dated 10-25-2012, at 1:10
PM. The third string
was a response from
Sheriff TRAVIS dated 10-25-2012, at 8:58 PM.
BRAGG informed his
attorney Chris RAESZ about TRAVIS' electronic message and was told by RAESZ not
to communicate with TRAVIS. RAESZ stated that he believed TRAVIS' offer was a
violation of the law and advised his client not to communicate with TRAVIS.
BRAGG stated the following:
A) The electronic
messaging address "kdrewb3633@yahoo.com" was that of Kevin BRAGG. The
electronic messaging address "Xrayw1 @aol.com" was that of Sheriff TRAVIS.
Sheriff TRAVIS had provided said address to BRAGG in the past and BRAGG and
Sheriff TRAVIS had communicated extensively on said addresses prior to October of
2012.
B) TRAVIS knew about
BRAGG'S lawsuit against Denton County and former Sheriff PARKEY. BRAGG believed
that TRAVIS' electronic message conveyed "l will give you job if you drop
the lawsuit." BRAGG felt that TRAVIS was "bribing me ... " .
C) BRAGG met with then
Denton County Sheriff Candidate Jesse FLORES, HIM,
DOB: 04-13-1969, and Denton
County Constable Candidate Barry MINOFF, HIM, DOB: 02-08-1975, at the I-Hop
Restaurant in Lewisville, Texas, prior to the November general election. During
this meeting and in the presence of MINOFF, FLORES told BRAGG that then
candidate TRAVIS told FLORES that if he (FLORES) dropped out of the Sheriffs
Department race, TRAVIS would appoint FLORES to a "Chiefs spot" in
the Sheriffs Office, once TRAVIS was elected.
On 06-03-2013, at
approximately 3:54 PM, Ranger HOLLAND interviewed former Denton County Sheriff
Candidate and current Denton County Precinct 1 Constable Jesus Lopez FLORES,
HIM, DOB: 04-03-1969, at the Decatur Ranger office. FLORES stated the
following:
A) FLORES was the first
person to announce his candidacy for the Denton County
Sheriff. Then candidate
TRAVIS called FLORES and told him (FLORES) that he
(TRAVIS) was running for
Sheriff. Both TRAVIS and FLORES agreed to "keep things clean" in the
race.
8) TRAVIS never personally
mentioned to FLORES that if he (FLORES) dropped out of the Sheriffs race,
TRAVIS would give him (FLORES) a job in the Sheriffs Office.
FLORES had heard from
"others," after the primary, that TRAVIS was considering
bringing FLORES into his
(TRAVIS) administration.
C) When asked by Ranger
HOLLAND if TRAVIS offered FLORES a position in the Denton County Sheriffs
Office, if FLORES dropped out of the race, FLORES stated "I don't think
so." FLORES stated, "To the best of my knowledge," TRAVIS did
not offer him (FLORES) a job in the Sheriffs Office, prior to the primary
election. Ranger HOLLAND advised FLORES that his answers were indicative of
deception. FLORES stated that he was being "honest" in his (FLORES)
answers. FLORES stated that he was telling the truth.
D) Prior to the general
election, but after the primary election, TRAVIS never "directly" offered
FLORES a position in the Sheriffs Office. FLORES had only heard
"rumors" that he would be offered a job by TRAVIS.
E) FLORES stated that he
communicated with TRAVIS by text and cellular phone on a limited basis during
the election, but that there was no text communication, "nothing that I
remember," before the primary election. FLORES stated that he did not
think he saved any of said text messages. Ranger HOLLAND advised FLORES that
Ranger HOLLAND had begun receiving court ordered communication reference this investigation.
FLORES then stated that he did communicate by text with TRAVIS, prior to the
primary election. FLORES stated that toward the end of the race, "I
supported ' him (TRAVIS)." FLORES stated that he began supporting
TRAVIS approximately one month prior to the primary election. FLORES then
stated that approximately one month prior to the primary election, he (FLORES)
"filtered" texts to TRAVIS about PARKEY,
and that most of the texts
were in reference to the BRAGG lawsuit against PARKEY and the Mental Health
Unit.
F) Ranger HOLLAND asked
FLORES to review his cellular phone to determine if he (FLORES) still had
communication with TRAVIS on his (FLORES) cellular phone.
FLORES stated that he did
still have communication from TRAVIS on his cellular
phone. FLORES
then displayed to Ranger HOLLAND several text messages sent to and
received from TRAVIS. Ranger HOLLAND asked FLORES if he
(FLORES) would allow Ranger HOLLAND to "mirror" his (FLORES) cellular
telephone. FLORES stated that he would provide communication from TRAVIS
to Ranger HOLLAND, but that he (FLORES) would not allow Ranger HOLLAND to
"mirror" his phone. Ranger HOLLAND requested FLORES to examine his
communication from and to TRAVIS to ensure that TRAVIS did not offer him a
position in the Sheriff's Office and that TRAVIS did not entice him (FLORES) to
drop out of the race. FLORES stated he would review said
communication, and that he
would provide said communication to Ranger HOLLAND, at a future date.
G) When questioned by
Ranger HOLLAND about TRAVIS making any type of
statement to FLORES about
dropping out of the race because FLORES' continued
involvement would force a
run-off election, and cost TRAVIS more money, FLORES stated
that prior to the primary TRAVIS had "joked" with him (FLORES) that
FLORES' continued involvement "was going to cost him (TRAVIS) more money
in the run-off."
At the conclusion of the
interview, Ranger HOLLAND advised FLORES that he
(FLORES) was a witness and
assured FLORES that he (FLORES) was not a subject of any
type of criminal investigation. Ranger HOLLAND admonished FLORES
not to mention his interview with
Ranger HOLLAND to anyone and not to speak of any details of
said interview to anyone. FLORES promised Ranger HOLLAND that
he (FLORES) would not mention a word of the interview or Ranger HOLLAND'S
investigation to anyone.
On 06-05-2013, at
approximately 11 :00 AM, Ranger HOLLAND interviewed a retired law enforcement officer
and current resident of Denton County. Said individual did not show to have a
criminal history. Said individual stated the following:
A) A month or two
following the primary election, said retired law enforcement officer had lunch
with FLORES and Deputy Constable MINOFF at possibly McDonalds.
During said lunch, while
MINOFF was present, FLORES told said individual that
TRAVIS had wanted him
(FLORES) to drop out of the race and that TRAVIS said
"There would be a
place" for him (FLORES), if FLORES would drop out of the election.
FLORES stated that TRAVIS made
this offer because TRAVIS did not want the election
to go to a run-off. FLORES
stated that in a conversation directly with TRAVIS, "TRAVIS tried to get
me to drop out of the race. II
8) Said individual stated
that he was "positive" that FLORES told him, in the presence of
MINOFF, that TRAVIS stated to FLORES that FLORES would receive a position in the
Sheriff's Office, if FLORES dropped out of the Sheriffs race. Said individual
stated that FLORES would probably not be honest about the offer, because FLORES
was trying to get TRAVIS' endorsement in his (FLORES) current campaign for
Constable.
On 06-05-2013, at
approximately 1 :30 PM, Ranger HOLLAND spoke to Constable FLORES by telephone.
FLORES stated that he (FLORES) had reviewed the text messages on his (FLORES)
cellular phone to and from TRAVIS and that TRAVIS did not offer him a job or
try to get him to drop out of the Sheriffs campaign. FLORES advised that when
he (FLORES) reviewed his text messages to and from TRAVIS, he (FLORES) realized
that he had deleted all messages to and from TRAVIS, prior to October of 2012.
Ranger HOLLAND requested FLORES submit to a polygraph examination with the
relevant question being whether or not TRAVIS offered him (FLORES) a position
in the Sheriffs Office, if he (FLORES) dropped out of the Sheriffs race. Ranger
HOLLAND advised FLORES that he (Ranger HOLLAND) could close that "chapter"
of the investigation, if FLORES would take and pass the polygraph examination.
Ranger HOLLAND again advised FLORES that he (FLORES) was a witness and not a
target of the investigation. FLORES advised that he (FLORES) was
telling the truth and that
he would have to think about taking a polygraph and speak with his attorney.
On 06-06-2013, at
approximately 4:00 PM, Ranger HOLLAND spoke to Constable FLORES by telephone.
Constable FLORES advised that he would not speak to Ranger HOLLAND under advice
of counsel and further advised that he would not submit to a polygraph
examination. Constable FLORES advised that he would not allow Ranger HOLLAND to
forensically examine his cellular telephone. Constable FLORES stated that
Ranger HOLLAND was conducting a "witch hunt," and that he (FLORES)
had done nothing but cooperate. Ranger HOLLAND asked Constable FLORES why he
told Constable BURCH and Deputy MINOFF about Ranger HOLLAND'S investigation and
why he told Deputy MINOFF that Ranger HOLLAND would be interviewing him.
Constable FLORES advised
that he had a duty to tell Constable BURCH about the
investigation because it
involved one of his men. Ranger HOLLAND reminded
Constable FLORES that he
had given his (FLORES) word not to discuss Ranger
HOLLAND'S investigation
with anyone. Ranger HOLLAND advised Constable FLORES that he would be forced to
secure a search warrant for Constable FLORES' phone, if Constable FLORES
refused to provide the requested information. Ranger HOLLAND advised Constable
FLORES that a search warrant affidavit would be open to public record scrutiny,
and that Ranger HOLLAND was trying to conduct a discrete investigation. Ranger
HOLLAND advised Constable FLORES that he would be securing a search warrant for
Constable FLORES' telephone and warned Constable FLORES not to delete or
destroy any information on Constable FLORES' cellular telephone. Constable
FLORES asked "Are you threatening me?" Ranger HOLLAND stated that he
was not threatening Constable FLORES, but merely advising Constable FLORES that
the information on his cellular phone was evidence in a criminal investigation
and that there were criminal penalties for destroying or tampering with evidence.
Ranger HOLLAND again reminded Constable FLORES that he was a witness and not a
subject of said investigation. Constable FLORES refused to speak further,
refused to submit to a polygraph examination, and refused to allow Ranger HOLLAND
access to his (FLORES) cellular telephone.
On 06-06-2013, at
approximately 8:54 PM, Ranger HOLLAND traveled to TRAVIS' residence in Argyle,
Denton County, Texas. Ranger HOLLAND approached TRAVIS' front door and eventually
made contact with TRAVIS. TRAVIS welcomed Ranger HOLLAND into his residence as
he (TRAVIS) spoke on his cellular telephone. Ranger HOLLAND requested to speak
to TRAVIS about matters that he (Ranger HOLLAND) was investigating in regard to
TRAVIS, specifically an "e-mail" that was sent to Kevin BRAGG. Ranger
HOLLAND displayed said "e-mail" to TRAVIS. TRAVIS stated the following:
A) TRAVIS stated that
"You can't hire a person in the county" if they have a lawsuit against
the county. TRAVIS stated "My only intent I guess I should have finished
it (email to BRAGG) out. You can't get hired by the county unless ...
if you have a lawsuit your done ... that was it that was my main deal there is
no promise of a job." TRAVIS stated that BRAGG had sent an electronic
message to another individual in which BRAGG told that person 'Will does not
promise jobs."
B) TRAVIS stated "I
wrote all this (the electronic message to BRAGG) ... you just can't hire
anybody through our county if you have a lawsuit." Travis stated "He
(BRAGG) never applied for the job."
C) TRAVIS stated he never
made a job offer to FLORES and never propositioned
FLORES to drop out of the
Sheriff's race.
D) TRAVIS stated his
computer accounts were not hacked into. TRAVIS stated all the rumors about the
"FBI" seizing his computers were just a rumor.
On 06-07-2013, at
approximately 12:02 AM, Ranger HOLLAND met with BRAGG.
BRAGG stated Deputy
Constable MINOFF told him that TRAVIS, MINOFF, and
FLORES had all met, prior
to the primary election, at an I-Hop in Lewisville, Texas. BRAGG stated that
MINOFF told him that during said meeting, TRAVIS offered both FLORES and MINOFF
positions in the Denton County Sheriff's Office. BRAGG stated that he (BRAGG)
later brought up said meeting to FLORES. BRAGG stated that FLORES told him
TRAVIS said he (TRAVIS) would make FLORES a Captain at the Denton County
Sheriff's Office, if FLORES dropped out of the race. BRAGG stated that FLORES
told him that he (FLORES) told TRAVIS that he (FLORES) had too much invested
and too many people backing him to drop out of the race.
On 06-10-2013, at
approximately 9:10 PM, Ranger HOLLAND spoke to Constable FLORES by telephone.
Constable FLORES stated the following:
A) Constable FLORES felt
it was important to advise Ranger HOLLAND that there were rumors that the
Sheriff's position would be vacated. Constable FLORES advised that the Precinct
Chair had told him (FLORES) that if TRAVIS' position was vacated, Constable
FLORES would be offered an appointment to Sheriff.
B) Constable FLORES asked
if he took the polygraph examination, would Ranger
HOLLAND agree not to
forensically examine his (FLORES) cellular phone. Ranger HOLLAND advised
FLORES, no. Constable FLORES advised he (FLORES) would have to talk to his wife
because she would not be happy with him (FLORES).
(Constable FLORES made it
evident that he did not want his cellular phone forensically examined).
C) Constable FLORES
stated, that at this point, he thought he (FLORES) would submit to a polygraph
examination, but that he was not sure and would have to think about it some
more. Constable FLORES stated that he did not remember everything.
D) Constable FLORES stated
"I'm gonna be shocked if I fail the polygraph
examination."
Constable FLORES stated he was worried that if/when he (FLORES) failed the
polygraph examination; "I don't want you to think I'm lying."
Several days later, Constable
FLORES left a message on Ranger HOLLAND'S cellular phone that he (FLORES) was
waiting to hear back from his attorney because he was trying to get his attorney
to be present at the polygraph examination. To this date Constable FLORES has
refused to submit to a polygraph examination, refused to allow Ranger HOLLAND
to forensically examine his (FLORES) cellular telephone, and has failed to
provide Ranger HOLLAND electronic communication sent to and received from Sheriff
TRAVIS.
On 06-26-2013, at
approximately 1 :00 PM, Ranger HOLLAND spoke to BRAGG by telephone. BRAGG
stated that he remembered, at a rodeo type function at TRAVIS' arena, being
present and hearing TRAVIS offer FLORES the Sheriffs Department Public
Information Officer Captain position. BRAGG stated he remembered FLORES stating
that sounded good to him (FLORES). BRAGG believed said event was after the primary
election, but prior to the general election.
On 07-01-2013, at
approximately 2:00 PM, Company "B" Texas Ranger James B.
HOLLAND interviewed Denton
County Sheriffs Office Chief Deputy Rex Dean
GEORGE, W/M, DOB:
08-24-1961, at the Decatur Ranger office. GEORGE stated the following:
A) TRAVIS told GEORGE,
probably before the primary election, that he (TRAVIS) had run into BRAGG while
at church. GEORGE advised TRAVIS "Be careful with that guy because he
has a lawsuit against the county." GEORGE believed that TRAVIS may have
known about BRAGG'S lawsuit prior to GEORGE advising TRAVIS. GEORGE stated that
there was "no doubt" I told him (TRAVIS) about BRAGG'S lawsuit, at
said time.
B) GEORGE had no further
communication about the BRAGG lawsuit with TRAVIS, until
several weeks after the primary election, around Mayor June of 2012.
C) In Mayor June of 2012,
TRAVIS stated to GEORGE that he (TRAVIS) wanted to make BRAGG'S lawsuit
"go away." GEORGE "adamantly" advised TRAVIS to
"runaway" from
BRAGG. GEORGE told TRAVIS "It is not our lawsuit, let it go."
GEORGE was not sure why
TRAVIS was so concerned with the BRAGG lawsuit, but believed that TRAVIS wanted
a "clean slate" with no law suits when he (TRAVIS) entered
office. GEORGE stated that he told TRAVIS that when he became Sheriff he would
be sued and it was just the way things were. GEORGE stated that when TRAVIS said
he would "like to see it (BRAGG'S lawsuit) go away," GEORGE
adamantly advised him (TRAVIS) to stay away from BRAGG.
D) GEORGE stated he had no
further communication with TRAVIS about the BRAGG lawsuit until he
(GEORGE) observed the RAESZ' brief, sometime in February
of 2013. GEORGE stated that TRAVIS was a "dumbass" for staying
in contact with BRAGG, and that the electronic message TRAVIS sent to BRAGG
was "stupid" and "non-sensical."
GEORGE stated that he was
"surprised" TRAVIS sent said electronic message to
BRAGG.
On 07-02-2013, at
approximately 2:04 PM, Ranger HOLLAND interviewed a Lewisville Police
Department Officer, at the Lewisville Police Department. Said officer stated
the following:
A) FLORES relayed to said
Officer, in multiple conversations (prior to the primary
election), that FLORES
would be going to work for TRAVIS at the Denton County
Sheriff's Office. FLORES
told said Officer toward the end of the primary election, that
he (FLORES) had no money to campaign, and that
TRAVIS had told FLORES to drop out of the race and "go work
for" TRAVIS at the Denton County Sheriff's Office.
B) FLORES relayed in
multiple conversations (prior to the primary election) to said Officer
that there was no doubt that he (FLORES) would be going to work for TRAVIS in January.
C) Prior to the primary
election, FLORES spoke, almost on a daily basis, about going to work for TRAVIS
at the Denton County Sheriffs Office.
D) Toward the end of the primary
election, it was understood by FLORES that he
(FLORES) did not have a chance
at winning the race, (relayed in multiple conversation with said Officer) so he
(FLORES) turned his support toward TRAVIS.
E) Prior to the primary
election, FLORES told said Officer that TRAVIS promised
FLORES a job. FLORES
continually stated ''when Wil gets in there, he will give me a job, in January
I'm gone."
G) Said officer described
FLORES as someone that was not honest, and who would do anything to get where
he (FLORES) wants to go.
H) Said officer stated
that FLORES would be lying if he (FLORES) stated TRAVIS did not offer him a
job.
On 07-02-2013, at
approximately 2:41 PM, Ranger HOLLAND interviewed a second Lewisville Police
Department Officer at the Lewisville Police Department. Said officer stated the
following:
A) Said officer worked
with FLORES at Lewisville Police Department. Approximately one (1) month prior
to the primary election, FLORES began throwing his support behind TRAVIS. Weeks
after the primary election, FLORES told said officer the following: "Wil told
me he wants me in his administration," "I have a job at the Sheriffs
Department, I'm going to be able to retire," "I'm going to the
County."
8) Said officer stated
that FLORES told him that once the (general) election was held, he (FLORES)
would be hired by TRAVIS, and that he (FLORES) had been told that he would be
hired, by 'WilL"
C) Said officer stated
that FLORES would be lying if he (FLORES) stated TRAVIS did not offer him a
job.
On 08-06-2013, at approximately
3:00 PM, Ranger HOLLAND spoke to the retired law enforcement officer he (Ranger
HOLLAND) had interviewed on 06-05-2013. Said retired law enforcement officer
stated that FLORES had questioned him if Ranger HOLLAND had interviewed him.
Said retired officer stated he told FLORES that the Ranger had interviewed him.
Said retired law enforcement officer stated FLORES questioned him as to what
Ranger HOLLAND enquired about.
Affiant knows through
training and experience that cellular telephones can send and receive text
messages and that text messages sent and received on the cellular
telephone can be stored in
the telephones memory. Affiant believes that text messages stored on suspected
party's cellular telephone may concern conversations related to the enumerated
offense(s).
Affiant knows from
personal knowledge that cellular telephones can access the World Wide Web
(internet) and allow the user to operate the cellular telephone as a hand held computer.
In this mode of operation, not placing and receiving calls, the user can access
email accounts, social media sites, instant messaging and browse the internet
to make searches on a variety of topics. Affiant also knows that users can also
manipulate stored data either on the cellular telephone or to web servers to
access at a later time.
Affiant is familiar with
programs referred to as "Apps". "Apps" are computer
applications downloaded onto a cellular telephone which work in conjunction
with a web server to allow images, and videos to be moved from the memory of a
cellular telephone and stored to a designated website or "cloud"
application. These "Apps" are accessible via the cellular telephone
through a user name and password, which remain stored on the cellular
telephone.
Affiant knows through
training and experience that people utilize computers that access the World
Wide Web (internet) to connect to others with like interest. This interest can be
legal or illegal in nature, and through the computer an individual can remain somewhat
anonymous in these activities. This allows individuals to
become more empowered to conduct illegal business over such avenues. Affiant is
aware that many illegal ventures have been started via a computer, utilizing
direct contact (email), blogs (discussions sites) or social media. A
computer used in this manner by an individual makes an act harder to discover
by law enforcement due to the anonymity of the individual while on a computer.
Often times evidence of these illegal acts are discovered after the act as
taken place by retrieving computer files or programs that contain digital data
detailing the crime. This data must be recovered by law enforcement through
investigative analysis.
Wherefore, affiant asks
for the issuance of a warrant that will authorize the search of said cellular
telephone, (computer and said computer memory storage devices) as described
above, to include any installed or accompanying hard disk drives, flash media,
any other storage media, and any stored electronic communications as defined by
Art. 18.20, Sec. 1 (15) and (20) pursuant to Art. 18.21, Sec. 1(1), Texas Code
of Criminal Procedure. The search of said computers and cellular telephone may
include the examination of installed software; that is, digital information
that can be interpreted by a computer and any of its related components, which
may be stored in electronic, magnetic, optical, or other digital form. The
search includes the examination of stored materials, media, documents, and
data, including but not limited to: address books; recently called numbers;
recently received numbers; digital images; and text messages.
The search may also
include the examination and/or utilization of any manuals and
documentation which may be
written, recorded, printed, and/or electronically stored material which
explains or illustrates how to configure or use the computers, cellular telephone
or other related items. The search may also include other areas of the computers
and cellular telephone in which said suspected party may store data evidence
which is the object of the search requested herein. Furthermore, said items can
be analyzed by a trained evidence recovery specialist in order to retrieve,
restore, and/or reproduce any or all information believed to be evidence of
said offense(s).
Based upon affiant's
knowledge, training, and experience, affiant knows that computers and cellular
telephones and other electronic evidence that may not be readily accessible without
proper equipment can be searched by personnel trained to conduct computer and
cellular telephone evidence examinations. For this reason, affiant also
requests authorization to transport said computers and cellular telephone,
accompanying media containing software and data, and computer and cellular
telephone related documentation, or duplicate copies of the data contained in
each of these items, out of this county for complete and thorough examination
by trained personnel in a controlled environment.
SWORN TO AND SUBSCRIBED
BEFORE ME BY SAID AFFIANT ON THIS
THE 8th DAY OF August, 2013.
UNDER THE LAWS OF TEXAS,
WHO, BEING DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS:
My name is Texas Ranger
James B. HOLLAND and I am commissioned as a peace officer by the Texas Rangers.
1. There is in Denton County,
Texas, the following items, described and located as
follows: An unknown make
and model cellular telephone registered to phone number (972)955-5464 and
utilized by Jesus Lopez FLORES, HIM, DOB: 04-03-1969, during the year 2012 to
at least 06-02-2013.
2. The cellular telephone
will be in the possession of Jesus Lopez FLORES and
therefore located at the
place where Jesus Lopez FLORES may be found at the time of the execution of the
search warrant requested herein. Jesus Lopez FLORES is known to reside at (address
redacted) in Denton, Texas. Jesus Lopez FLORES works in Denton County, Texas as
a Constable; his office is at 401 West Hickory Street Suite Number 229 Denton,
Texas. Affiant requests authority to search the person of Jesus Lopez FLORES,
wherever he may be found in Denton County, Texas, IT necessary to seize the
cellular telephone described in Section 1., above. Affiant requests authority
to enter the premises described herein, IT necessary, to seize the cellular
telephone described in Section 1., above.
3. It is the belief of affiant
that Denton County Constable Jesus Lopez has possession of and is concealing in
said cellular telephone the following: text messages; photographs or
digital images, video digital images, Electronic mail, All messages, to include
but not limited to, iMessage, SMS, MMS, chat logs such as Yahoo, Skype, MSN,
AOL, and other application-based messaging services,
contacts, calendar entries, social networking profile data, to include but not
limited to, user names and identifying information, messages, contacts/friends,
postings and status updates, etc, messages through any games, notes, list of
all downloaded applications, web searches, and any all downloaded content. Said
property constitutes evidence that the offense described in Paragraph 4, below
was committed.
4. Affiant has probable
cause for said belief by reason of the following facts and
circumstances:
Your Affiant, Texas Ranger
James B. HOLLAND, is a peace officer licensed by the State of Texas and
employed by the Texas Rangers. Your Affiant has approximately
seventeen (17) years
experience as a licensed peace officer in the State of Texas.
Your Affiant has extensive
experience in investigating felonious crimes and has been conducting high
profile' felonious investigations as a Texas Ranger for more than five
(5) years.
On 04-16-2013, Company
"B" Headquarters aSSigned Company "B" Texas Ranger James B.
HOLLAND to conduct an inquiry into allegations that Denton County Sheriff William
Barrett TRAVIS, W/M, DOB: 01-22-1963, offered a bribe to former Denton County
Sheriff's Department Deputy Kevin Andrew BRAGG, W/M,
DOB: 11-10-1965.
Company "B"
Headquarters provided a letter from Special Prosecutor Frank ABLE
requesting the Texas
Rangers to investigate said allegations of Bribery.
On 04-23-2013, Ranger
HOLLAND met with Special Prosecutor Frank ABLE at the Denton County District
Attorney's Office. Special Prosecutor ABLE provided Ranger HOLLAND the
following documents:
A letter from attorney
Robert J. DAVIS dated 02-07-2013, addressed to Assistant
Denton County District
Attorney Hardy BURKE. The letter pertained to a civil
lawsuit filed by Kevin
BRAGG against Denton County and former Denton County
Sheriff Benny PARKEY. The
letter discussed the following: An attached
electronic message that
was sent by BRAGG'S attorney, Chris RAESZ, an
electronic message
"purportedly" sent from Sheriff TRAVIS to BRAGG dated 10-
12-1012, and various
attachments that included sections of the Texas Penal
Code involving Bribery,
Bribery and Corrupt Influence, Tampering with a Witness, and a reported case
involving a conviction for Bribery against former Denton County Sheriff
KAISNER.
An electronic message from
'William Travis <Xraywt1 @aol.com>" to "k bragg
<kdrewb3633@yahoo.com>,
sent "Thursday, October 25,2012 11:15 AM,"
Subject "Good
Morning." The electronic message discussed the possible lawsuit
BRAGG filed against the
former Sheriff PARKEY and Denton County. The
electronic message stated
the following:
" ... if you did file a suit and you want to come
back to work at Denton County
Sheriffs Office a couple of things need to be done? The
law suit has to be
dropped and I have to see a judgment reflecting this by
November 5, 2012! Also
required, will be a letter to me stating you will never
sue me, my staff, the Denton
County Sheriffs Office or Denton County in any way! This
letter must be from
your attorney and need to be signed and notarized! This
letter also has to be to
me by November the 5th, 2012. I hope you can understand
all of my request!! I
don't play that way and don't expect the people that work
for me to operate in
that manner! Talk to you soon, Will"
On 05-03-2013, Ranger
HOLLAND interviewed former Denton County Sheriff and current Cooke County
Attorney Investigator Benny Wade PARKEY, WIM, DOB: 02-11-1953, at the Cooke
County Courthouse located in Gainesville, Cooke County, Texas.
Investigator PARKEY stated
the following:
A) In 2009, Former Denton
County Sheriffs Department Deputy Kevin BRAGG
initiated a lawsuit
against PARKEY, the Denton County Sheriffs Department, and
Denton County. BRAGG'S
lawsuit alleged that he (BRAGG) was a whistle
blower and was fired
because he (BRAGG) reported malfeasance in the Denton
County Sheriffs
Department.
B) Three days after the
November election, TRAVIS met with PARKEY in
PARKEY'S office at the
Denton County Sheriffs Department. The BRAGG
lawsuit was brought up
during the conversation. TRAVIS advised that he did not
know about BRAGG'S suit
until two (2) weeks prior. TRAVIS stated that BRAGG
would drop the law suit
against the Sheriffs Department when PARKEY left
office. TRAVIS advised
that he went to church with BRAGG and that TRAVIS
had "bent BRAGG'S
ears back" over the suit. TRAVIS stated that BRAGG was
"gonna drop it when
you leave," and that "none of this gonna happen."
On 04-03-2013, Ranger
HOLLAND reviewed a recording of a conversation in which
TRAVIS was discussing the
BRAGG lawsuit. TRAVIS stated the following reference
Kevin BRAGG:
" ... To give you a
little heads up on that. .. Kevin goes to my church .. . I
did not find out about that lawsuit until ah two weeks ago. That's the honest
truth ... anyway when he told me about it and I blew up at him in church. I
mean just flat blew up in the lobby and said you better give me a dismissal
because I wanna give it to him because here your wrong. Just
because you lost your job you need to take enough pride and get going somewhere
else and find another job, do whatever you got to do. Shame on you for. ..
anyway he's gonna drop it anyway when you leave. So I was hoping
I told him you better have these dismissal papers from your attorney if you
don't or you and I will never say another word again ... 1 did not know about
the lawsuit. .. well none of that's gonna happen ... "
On 05-07-2013,
at approximately 10:46 AM, Ranger HOLLAND interviewed a Denton County Sheriffs
Department Deputy in Denton County, Texas. Said deputy stated the
following:
A) TRAVIS advised said
deputy, in approximately late August of 2012, prior to the
November general election
that he (TRAVIS) would get BRAGG to drop a lawsuit
against former Sheriff
PARKEY, and the Denton County Sheriffs Department, to
show PARKEY that he
(TRAVIS) was getting things done. TRAVIS advised said
deputy that it was
important for him (TRAVIS) to get the BRAGG lawsuit dropped
because it would
"look good" on TRAVIS. TRAVIS both texted and directly
communicated with said
deputy in reference to BRAGG dropping his lawsuit, that
he (TRAVIS) was "just
gonna get it done." TRAVIS never went into specific
details with said deputy
about how he (TRAVIS) would get BRAGG to drop the
suit, but stated (TRAVIS)
"one way or another he would get it (BRAGG'S lawsuit)
dropped."
On 05-30-2013, at
approximately 10:10 AM, Ranger HOLLAND interviewed former Denton County
Sheriffs Department Deputy and current Runaway Bay Police Officer Kevin BRAGG,
WIM, DOB: 11-10-1965, at the office of BRAGG'S attorney, Chris RAESZ. BRAGG
presented Ranger HOLLAND with a copy of an electronic message sent from Sheriff
TRAVIS (Xraywt1 @aol.com) to BRAGG (kdrewb3633@yahoo.com) dated
10-25-2012, at 8:58 PM. The electronic message contained a string of three (3) electronic
correspondences that were initiated by TRAVIS on 10-25-1012, at 11: 15 AM. The
first string was identical to prior correspondence provided to Ranger HOLLAND
by Special Prosecutor ABLE, in which TRAVIS laid out a list of demands that
were to be met if BRAGG were to be employed by the Denton County Sheriffs
Office. The second string was a response from BRAGG dated 10-25-2012, at 1:10
PM. The third string
was a response from
Sheriff TRAVIS dated 10-25-2012, at 8:58 PM.
BRAGG informed his
attorney Chris RAESZ about TRAVIS' electronic message and was told by RAESZ not
to communicate with TRAVIS. RAESZ stated that he believed TRAVIS' offer was a
violation of the law and advised his client not to communicate with TRAVIS.
BRAGG stated the following:
A) The electronic
messaging address "kdrewb3633@yahoo.com" was that of Kevin BRAGG. The
electronic messaging address "Xrayw1 @aol.com" was that of Sheriff TRAVIS.
Sheriff TRAVIS had provided said address to BRAGG in the past and BRAGG and
Sheriff TRAVIS had communicated extensively on said addresses prior to October of
2012.
B) TRAVIS knew about
BRAGG'S lawsuit against Denton County and former Sheriff PARKEY. BRAGG believed
that TRAVIS' electronic message conveyed "l will give you job if you drop
the lawsuit." BRAGG felt that TRAVIS was "bribing me ... " .
C) BRAGG met with then
Denton County Sheriff Candidate Jesse FLORES, HIM,
DOB: 04-13-1969, and Denton
County Constable Candidate Barry MINOFF, HIM, DOB: 02-08-1975, at the I-Hop
Restaurant in Lewisville, Texas, prior to the November general election. During
this meeting and in the presence of MINOFF, FLORES told BRAGG that then
candidate TRAVIS told FLORES that if he (FLORES) dropped out of the Sheriffs
Department race, TRAVIS would appoint FLORES to a "Chiefs spot" in
the Sheriffs Office, once TRAVIS was elected.
On 06-03-2013, at
approximately 3:54 PM, Ranger HOLLAND interviewed former Denton County Sheriff
Candidate and current Denton County Precinct 1 Constable Jesus Lopez FLORES,
HIM, DOB: 04-03-1969, at the Decatur Ranger office. FLORES stated the
following:
A) FLORES was the first
person to announce his candidacy for the Denton County
Sheriff. Then candidate
TRAVIS called FLORES and told him (FLORES) that he
(TRAVIS) was running for
Sheriff. Both TRAVIS and FLORES agreed to "keep things clean" in the
race.
8) TRAVIS never personally
mentioned to FLORES that if he (FLORES) dropped out of the Sheriffs race,
TRAVIS would give him (FLORES) a job in the Sheriffs Office.
FLORES had heard from
"others," after the primary, that TRAVIS was considering
bringing FLORES into his
(TRAVIS) administration.
C) When asked by Ranger
HOLLAND if TRAVIS offered FLORES a position in the Denton County Sheriffs
Office, if FLORES dropped out of the race, FLORES stated "I don't think
so." FLORES stated, "To the best of my knowledge," TRAVIS did
not offer him (FLORES) a job in the Sheriffs Office, prior to the primary
election. Ranger HOLLAND advised FLORES that his answers were indicative of
deception. FLORES stated that he was being "honest" in his (FLORES)
answers. FLORES stated that he was telling the truth.
D) Prior to the general
election, but after the primary election, TRAVIS never "directly" offered
FLORES a position in the Sheriffs Office. FLORES had only heard
"rumors" that he would be offered a job by TRAVIS.
E) FLORES stated that he
communicated with TRAVIS by text and cellular phone on a limited basis during
the election, but that there was no text communication, "nothing that I
remember," before the primary election. FLORES stated that he did not
think he saved any of said text messages. Ranger HOLLAND advised FLORES that
Ranger HOLLAND had begun receiving court ordered communication reference this investigation.
FLORES then stated that he did communicate by text with TRAVIS, prior to the
primary election. FLORES stated that toward the end of the race, "I
supported ' him (TRAVIS)." FLORES stated that he began supporting
TRAVIS approximately one month prior to the primary election. FLORES then
stated that approximately one month prior to the primary election, he (FLORES)
"filtered" texts to TRAVIS about PARKEY,
and that most of the texts
were in reference to the BRAGG lawsuit against PARKEY and the Mental Health
Unit.
F) Ranger HOLLAND asked
FLORES to review his cellular phone to determine if he (FLORES) still had
communication with TRAVIS on his (FLORES) cellular phone.
FLORES stated that he did
still have communication from TRAVIS on his cellular
phone. FLORES
then displayed to Ranger HOLLAND several text messages sent to and
received from TRAVIS. Ranger HOLLAND asked FLORES if he
(FLORES) would allow Ranger HOLLAND to "mirror" his (FLORES) cellular
telephone. FLORES stated that he would provide communication from TRAVIS
to Ranger HOLLAND, but that he (FLORES) would not allow Ranger HOLLAND to
"mirror" his phone. Ranger HOLLAND requested FLORES to examine his
communication from and to TRAVIS to ensure that TRAVIS did not offer him a
position in the Sheriff's Office and that TRAVIS did not entice him (FLORES) to
drop out of the race. FLORES stated he would review said
communication, and that he
would provide said communication to Ranger HOLLAND, at a future date.
G) When questioned by
Ranger HOLLAND about TRAVIS making any type of
statement to FLORES about
dropping out of the race because FLORES' continued
involvement would force a
run-off election, and cost TRAVIS more money, FLORES stated
that prior to the primary TRAVIS had "joked" with him (FLORES) that
FLORES' continued involvement "was going to cost him (TRAVIS) more money
in the run-off."
At the conclusion of the
interview, Ranger HOLLAND advised FLORES that he
(FLORES) was a witness and
assured FLORES that he (FLORES) was not a subject of any
type of criminal investigation. Ranger HOLLAND admonished FLORES
not to mention his interview with
Ranger HOLLAND to anyone and not to speak of any details of
said interview to anyone. FLORES promised Ranger HOLLAND that
he (FLORES) would not mention a word of the interview or Ranger HOLLAND'S
investigation to anyone.
On 06-05-2013, at
approximately 11 :00 AM, Ranger HOLLAND interviewed a retired law enforcement officer
and current resident of Denton County. Said individual did not show to have a
criminal history. Said individual stated the following:
A) A month or two
following the primary election, said retired law enforcement officer had lunch
with FLORES and Deputy Constable MINOFF at possibly McDonalds.
During said lunch, while
MINOFF was present, FLORES told said individual that
TRAVIS had wanted him
(FLORES) to drop out of the race and that TRAVIS said
"There would be a
place" for him (FLORES), if FLORES would drop out of the election.
FLORES stated that TRAVIS made
this offer because TRAVIS did not want the election
to go to a run-off. FLORES
stated that in a conversation directly with TRAVIS, "TRAVIS tried to get
me to drop out of the race. II
8) Said individual stated
that he was "positive" that FLORES told him, in the presence of
MINOFF, that TRAVIS stated to FLORES that FLORES would receive a position in the
Sheriff's Office, if FLORES dropped out of the Sheriffs race. Said individual
stated that FLORES would probably not be honest about the offer, because FLORES
was trying to get TRAVIS' endorsement in his (FLORES) current campaign for
Constable.
On 06-05-2013, at
approximately 1 :30 PM, Ranger HOLLAND spoke to Constable FLORES by telephone.
FLORES stated that he (FLORES) had reviewed the text messages on his (FLORES)
cellular phone to and from TRAVIS and that TRAVIS did not offer him a job or
try to get him to drop out of the Sheriffs campaign. FLORES advised that when
he (FLORES) reviewed his text messages to and from TRAVIS, he (FLORES) realized
that he had deleted all messages to and from TRAVIS, prior to October of 2012.
Ranger HOLLAND requested FLORES submit to a polygraph examination with the
relevant question being whether or not TRAVIS offered him (FLORES) a position
in the Sheriffs Office, if he (FLORES) dropped out of the Sheriffs race. Ranger
HOLLAND advised FLORES that he (Ranger HOLLAND) could close that "chapter"
of the investigation, if FLORES would take and pass the polygraph examination.
Ranger HOLLAND again advised FLORES that he (FLORES) was a witness and not a
target of the investigation. FLORES advised that he (FLORES) was
telling the truth and that
he would have to think about taking a polygraph and speak with his attorney.
On 06-06-2013, at
approximately 4:00 PM, Ranger HOLLAND spoke to Constable FLORES by telephone.
Constable FLORES advised that he would not speak to Ranger HOLLAND under advice
of counsel and further advised that he would not submit to a polygraph
examination. Constable FLORES advised that he would not allow Ranger HOLLAND to
forensically examine his cellular telephone. Constable FLORES stated that
Ranger HOLLAND was conducting a "witch hunt," and that he (FLORES)
had done nothing but cooperate. Ranger HOLLAND asked Constable FLORES why he
told Constable BURCH and Deputy MINOFF about Ranger HOLLAND'S investigation and
why he told Deputy MINOFF that Ranger HOLLAND would be interviewing him.
Constable FLORES advised
that he had a duty to tell Constable BURCH about the
investigation because it
involved one of his men. Ranger HOLLAND reminded
Constable FLORES that he
had given his (FLORES) word not to discuss Ranger
HOLLAND'S investigation
with anyone. Ranger HOLLAND advised Constable FLORES that he would be forced to
secure a search warrant for Constable FLORES' phone, if Constable FLORES
refused to provide the requested information. Ranger HOLLAND advised Constable
FLORES that a search warrant affidavit would be open to public record scrutiny,
and that Ranger HOLLAND was trying to conduct a discrete investigation. Ranger
HOLLAND advised Constable FLORES that he would be securing a search warrant for
Constable FLORES' telephone and warned Constable FLORES not to delete or
destroy any information on Constable FLORES' cellular telephone. Constable
FLORES asked "Are you threatening me?" Ranger HOLLAND stated that he
was not threatening Constable FLORES, but merely advising Constable FLORES that
the information on his cellular phone was evidence in a criminal investigation
and that there were criminal penalties for destroying or tampering with evidence.
Ranger HOLLAND again reminded Constable FLORES that he was a witness and not a
subject of said investigation. Constable FLORES refused to speak further,
refused to submit to a polygraph examination, and refused to allow Ranger HOLLAND
access to his (FLORES) cellular telephone.
On 06-06-2013, at
approximately 8:54 PM, Ranger HOLLAND traveled to TRAVIS' residence in Argyle,
Denton County, Texas. Ranger HOLLAND approached TRAVIS' front door and eventually
made contact with TRAVIS. TRAVIS welcomed Ranger HOLLAND into his residence as
he (TRAVIS) spoke on his cellular telephone. Ranger HOLLAND requested to speak
to TRAVIS about matters that he (Ranger HOLLAND) was investigating in regard to
TRAVIS, specifically an "e-mail" that was sent to Kevin BRAGG. Ranger
HOLLAND displayed said "e-mail" to TRAVIS. TRAVIS stated the following:
A) TRAVIS stated that
"You can't hire a person in the county" if they have a lawsuit against
the county. TRAVIS stated "My only intent I guess I should have finished
it (email to BRAGG) out. You can't get hired by the county unless ...
if you have a lawsuit your done ... that was it that was my main deal there is
no promise of a job." TRAVIS stated that BRAGG had sent an electronic
message to another individual in which BRAGG told that person 'Will does not
promise jobs."
B) TRAVIS stated "I
wrote all this (the electronic message to BRAGG) ... you just can't hire
anybody through our county if you have a lawsuit." Travis stated "He
(BRAGG) never applied for the job."
C) TRAVIS stated he never
made a job offer to FLORES and never propositioned
FLORES to drop out of the
Sheriff's race.
D) TRAVIS stated his
computer accounts were not hacked into. TRAVIS stated all the rumors about the
"FBI" seizing his computers were just a rumor.
On 06-07-2013, at
approximately 12:02 AM, Ranger HOLLAND met with BRAGG.
BRAGG stated Deputy
Constable MINOFF told him that TRAVIS, MINOFF, and
FLORES had all met, prior
to the primary election, at an I-Hop in Lewisville, Texas. BRAGG stated that
MINOFF told him that during said meeting, TRAVIS offered both FLORES and MINOFF
positions in the Denton County Sheriff's Office. BRAGG stated that he (BRAGG)
later brought up said meeting to FLORES. BRAGG stated that FLORES told him
TRAVIS said he (TRAVIS) would make FLORES a Captain at the Denton County
Sheriff's Office, if FLORES dropped out of the race. BRAGG stated that FLORES
told him that he (FLORES) told TRAVIS that he (FLORES) had too much invested
and too many people backing him to drop out of the race.
On 06-10-2013, at
approximately 9:10 PM, Ranger HOLLAND spoke to Constable FLORES by telephone.
Constable FLORES stated the following:
A) Constable FLORES felt
it was important to advise Ranger HOLLAND that there were rumors that the
Sheriff's position would be vacated. Constable FLORES advised that the Precinct
Chair had told him (FLORES) that if TRAVIS' position was vacated, Constable
FLORES would be offered an appointment to Sheriff.
B) Constable FLORES asked
if he took the polygraph examination, would Ranger
HOLLAND agree not to
forensically examine his (FLORES) cellular phone. Ranger HOLLAND advised
FLORES, no. Constable FLORES advised he (FLORES) would have to talk to his wife
because she would not be happy with him (FLORES).
(Constable FLORES made it
evident that he did not want his cellular phone forensically examined).
C) Constable FLORES
stated, that at this point, he thought he (FLORES) would submit to a polygraph
examination, but that he was not sure and would have to think about it some
more. Constable FLORES stated that he did not remember everything.
D) Constable FLORES stated
"I'm gonna be shocked if I fail the polygraph
examination."
Constable FLORES stated he was worried that if/when he (FLORES) failed the
polygraph examination; "I don't want you to think I'm lying."
Several days later, Constable
FLORES left a message on Ranger HOLLAND'S cellular phone that he (FLORES) was
waiting to hear back from his attorney because he was trying to get his attorney
to be present at the polygraph examination. To this date Constable FLORES has
refused to submit to a polygraph examination, refused to allow Ranger HOLLAND
to forensically examine his (FLORES) cellular telephone, and has failed to
provide Ranger HOLLAND electronic communication sent to and received from Sheriff
TRAVIS.
On 06-26-2013, at
approximately 1 :00 PM, Ranger HOLLAND spoke to BRAGG by telephone. BRAGG
stated that he remembered, at a rodeo type function at TRAVIS' arena, being
present and hearing TRAVIS offer FLORES the Sheriffs Department Public
Information Officer Captain position. BRAGG stated he remembered FLORES stating
that sounded good to him (FLORES). BRAGG believed said event was after the primary
election, but prior to the general election.
On 07-01-2013, at
approximately 2:00 PM, Company "B" Texas Ranger James B.
HOLLAND interviewed Denton
County Sheriffs Office Chief Deputy Rex Dean
GEORGE, W/M, DOB:
08-24-1961, at the Decatur Ranger office. GEORGE stated the following:
A) TRAVIS told GEORGE,
probably before the primary election, that he (TRAVIS) had run into BRAGG while
at church. GEORGE advised TRAVIS "Be careful with that guy because he
has a lawsuit against the county." GEORGE believed that TRAVIS may have
known about BRAGG'S lawsuit prior to GEORGE advising TRAVIS. GEORGE stated that
there was "no doubt" I told him (TRAVIS) about BRAGG'S lawsuit, at
said time.
B) GEORGE had no further
communication about the BRAGG lawsuit with TRAVIS, until
several weeks after the primary election, around Mayor June of 2012.
C) In Mayor June of 2012,
TRAVIS stated to GEORGE that he (TRAVIS) wanted to make BRAGG'S lawsuit
"go away." GEORGE "adamantly" advised TRAVIS to
"runaway" from
BRAGG. GEORGE told TRAVIS "It is not our lawsuit, let it go."
GEORGE was not sure why
TRAVIS was so concerned with the BRAGG lawsuit, but believed that TRAVIS wanted
a "clean slate" with no law suits when he (TRAVIS) entered
office. GEORGE stated that he told TRAVIS that when he became Sheriff he would
be sued and it was just the way things were. GEORGE stated that when TRAVIS said
he would "like to see it (BRAGG'S lawsuit) go away," GEORGE
adamantly advised him (TRAVIS) to stay away from BRAGG.
D) GEORGE stated he had no
further communication with TRAVIS about the BRAGG lawsuit until he
(GEORGE) observed the RAESZ' brief, sometime in February
of 2013. GEORGE stated that TRAVIS was a "dumbass" for staying
in contact with BRAGG, and that the electronic message TRAVIS sent to BRAGG
was "stupid" and "non-sensical."
GEORGE stated that he was
"surprised" TRAVIS sent said electronic message to
BRAGG.
On 07-02-2013, at
approximately 2:04 PM, Ranger HOLLAND interviewed a Lewisville Police
Department Officer, at the Lewisville Police Department. Said officer stated
the following:
A) FLORES relayed to said
Officer, in multiple conversations (prior to the primary
election), that FLORES
would be going to work for TRAVIS at the Denton County
Sheriff's Office. FLORES
told said Officer toward the end of the primary election, that
he (FLORES) had no money to campaign, and that
TRAVIS had told FLORES to drop out of the race and "go work
for" TRAVIS at the Denton County Sheriff's Office.
B) FLORES relayed in
multiple conversations (prior to the primary election) to said Officer
that there was no doubt that he (FLORES) would be going to work for TRAVIS in January.
C) Prior to the primary
election, FLORES spoke, almost on a daily basis, about going to work for TRAVIS
at the Denton County Sheriffs Office.
D) Toward the end of the primary
election, it was understood by FLORES that he
(FLORES) did not have a chance
at winning the race, (relayed in multiple conversation with said Officer) so he
(FLORES) turned his support toward TRAVIS.
E) Prior to the primary
election, FLORES told said Officer that TRAVIS promised
FLORES a job. FLORES
continually stated ''when Wil gets in there, he will give me a job, in January
I'm gone."
G) Said officer described
FLORES as someone that was not honest, and who would do anything to get where
he (FLORES) wants to go.
H) Said officer stated
that FLORES would be lying if he (FLORES) stated TRAVIS did not offer him a
job.
On 07-02-2013, at
approximately 2:41 PM, Ranger HOLLAND interviewed a second Lewisville Police
Department Officer at the Lewisville Police Department. Said officer stated the
following:
A) Said officer worked
with FLORES at Lewisville Police Department. Approximately one (1) month prior
to the primary election, FLORES began throwing his support behind TRAVIS. Weeks
after the primary election, FLORES told said officer the following: "Wil told
me he wants me in his administration," "I have a job at the Sheriffs
Department, I'm going to be able to retire," "I'm going to the
County."
8) Said officer stated
that FLORES told him that once the (general) election was held, he (FLORES)
would be hired by TRAVIS, and that he (FLORES) had been told that he would be
hired, by 'WilL"
C) Said officer stated
that FLORES would be lying if he (FLORES) stated TRAVIS did not offer him a
job.
On 08-06-2013, at approximately
3:00 PM, Ranger HOLLAND spoke to the retired law enforcement officer he (Ranger
HOLLAND) had interviewed on 06-05-2013. Said retired law enforcement officer
stated that FLORES had questioned him if Ranger HOLLAND had interviewed him.
Said retired officer stated he told FLORES that the Ranger had interviewed him.
Said retired law enforcement officer stated FLORES questioned him as to what
Ranger HOLLAND enquired about.
Affiant knows through
training and experience that cellular telephones can send and receive text
messages and that text messages sent and received on the cellular
telephone can be stored in
the telephones memory. Affiant believes that text messages stored on suspected
party's cellular telephone may concern conversations related to the enumerated
offense(s).
Affiant knows from
personal knowledge that cellular telephones can access the World Wide Web
(internet) and allow the user to operate the cellular telephone as a hand held computer.
In this mode of operation, not placing and receiving calls, the user can access
email accounts, social media sites, instant messaging and browse the internet
to make searches on a variety of topics. Affiant also knows that users can also
manipulate stored data either on the cellular telephone or to web servers to
access at a later time.
Affiant is familiar with
programs referred to as "Apps". "Apps" are computer
applications downloaded onto a cellular telephone which work in conjunction
with a web server to allow images, and videos to be moved from the memory of a
cellular telephone and stored to a designated website or "cloud"
application. These "Apps" are accessible via the cellular telephone
through a user name and password, which remain stored on the cellular
telephone.
Affiant knows through
training and experience that people utilize computers that access the World
Wide Web (internet) to connect to others with like interest. This interest can be
legal or illegal in nature, and through the computer an individual can remain somewhat
anonymous in these activities. This allows individuals to
become more empowered to conduct illegal business over such avenues. Affiant is
aware that many illegal ventures have been started via a computer, utilizing
direct contact (email), blogs (discussions sites) or social media. A
computer used in this manner by an individual makes an act harder to discover
by law enforcement due to the anonymity of the individual while on a computer.
Often times evidence of these illegal acts are discovered after the act as
taken place by retrieving computer files or programs that contain digital data
detailing the crime. This data must be recovered by law enforcement through
investigative analysis.
Wherefore, affiant asks
for the issuance of a warrant that will authorize the search of said cellular
telephone, (computer and said computer memory storage devices) as described
above, to include any installed or accompanying hard disk drives, flash media,
any other storage media, and any stored electronic communications as defined by
Art. 18.20, Sec. 1 (15) and (20) pursuant to Art. 18.21, Sec. 1(1), Texas Code
of Criminal Procedure. The search of said computers and cellular telephone may
include the examination of installed software; that is, digital information
that can be interpreted by a computer and any of its related components, which
may be stored in electronic, magnetic, optical, or other digital form. The
search includes the examination of stored materials, media, documents, and
data, including but not limited to: address books; recently called numbers;
recently received numbers; digital images; and text messages.
The search may also
include the examination and/or utilization of any manuals and
documentation which may be
written, recorded, printed, and/or electronically stored material which
explains or illustrates how to configure or use the computers, cellular telephone
or other related items. The search may also include other areas of the computers
and cellular telephone in which said suspected party may store data evidence
which is the object of the search requested herein. Furthermore, said items can
be analyzed by a trained evidence recovery specialist in order to retrieve,
restore, and/or reproduce any or all information believed to be evidence of
said offense(s).
Based upon affiant's
knowledge, training, and experience, affiant knows that computers and cellular
telephones and other electronic evidence that may not be readily accessible without
proper equipment can be searched by personnel trained to conduct computer and
cellular telephone evidence examinations. For this reason, affiant also
requests authorization to transport said computers and cellular telephone,
accompanying media containing software and data, and computer and cellular
telephone related documentation, or duplicate copies of the data contained in
each of these items, out of this county for complete and thorough examination
by trained personnel in a controlled environment.
SWORN TO AND SUBSCRIBED
BEFORE ME BY SAID AFFIANT ON THIS
THE 8th DAY OF August, 2013.
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