SEARCH WARRANT RETURN

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1 WARRANT# ~~J_S_- L_-_~_\_-_IQ ~_S_W -~_ THE STATE OF TEXAS } COUNTY OF SMITH } SEARCH WARRANT RETURN The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath certified that the foregoing Search Warrant camejo hand on the day it was issued and that it was executed on the zr jt day of ~h( A.D., 20~, by making the search directed therein and by seizing during such search the following described property; retained by such Peace Officer, and kept, stored and held as hereinafter set out: Affiant SUB ~RIBED ~O BEFORE ME BY SAID AFFIANT ON THIS THE z:j~ay OF,A.D., 20-/12-. I:'EB 2 3?010 10

2 SEARCH WARRANT RETURN Karah Lane, Lindale, Texas 1 - Skechers shoe box from bedroom closet 2 - Skechers shoe box from bedroom closet 3 Assorted knives from bedroom dresser 4 - Assorted knives from bedroom dresser 5 - SO card from bedroom computer desk 6 - Small plastic bag containing suspected marijuana seeds from bedroom computer desk 7 - Right Skechers shoe from bedroom closet shoe organizer. 8 - Left Skechers shoe from bedroom closet shoe organizer 9 - Left Skechers shoe from bedroom closet shoe organizer 10 - Right Skechers shoe from bedroom closet shoe organizer 11 Skechers shoe box from garage 12 - Skechers shoe box contents from #11 from garage (assorted knives & cell phones) 13 - Dell computer tower (service tag - FFLHBF1 I hard drive SIN 9RX4TA3F) 14 Blue 2008 Ford Focus - TX LP# GXK-120 (VIN# 1FAHP34N48W232315) seized, searched and returned 02/21/ Can and trash picking up tool from garage 16 - Indicia of residence 17 Assorted Ford Focus contents 18-3 Bibles from bedroom 19 - Blue butterfly knife from bedroom computer desk 20 Shop vacuum contents from detached garage I shop

3 THE STATE OF TEXAS } COUNTY OF SMITH } SEARCH WARRANT/EVIDENCE THE STATE OF TEXAS: To the Sheriff or any Peace Officer of Smith County, Texas or any Peace Office of the United States: Whereas, the affiant whose name appears on the affidavit attached hereto 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 here now made a part hereof for all purposes and incorporated herein as if written verbatim within the confines of this warrant), and whereas I find that the verified facts stated by affiant show that affiant has probable cause for the belief he expressed herein and establishes existence of proper grounds for issuance of this warrant: Now, therefore, you are commanded to enter the suspected place described in said Affidavit and to there search for the personal property described in said Affidavit and have forensically analyzed. You are further commanded to search, seize and forensically analyze the suspected vehicles described in said Affidavit. Further, you are Ordered, pursuant to the provision of Article 18.10, Texas Code of Criminal Procedure, to retain custody on any property seized pursuant to this Warrant, until further order of this Court or any other court of appropriate jurisdiction shall otherwise direct the manner of safekeeping of said property. Herein fail not, but have you then and there this warrant within three days, exclusive of the day of its execution, with your return thereon, showing how you execute same. Issued this the ~ay of 2~,20-.i, at.~! ~ f o'clock A.M. to certify which witness my hand this day. ~~/ -~.--_... 9

4 SEARCH WARRANT #;/5 -;A - d. I - f 0 f)'l..j - ~ THE STATE OF TEXAS } COUNTY OF SMITH } AFFIDAVIT FOR SEARCH WARRANT {Article 18.02(10), Texas Code of Criminal Procedure} BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED THE AFFIANT HEREIN, A PEACE OFFICER UNDER THE LAWS OF TEXAS, WHO, BEING DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS: My name is Brent Davis, hereafter referred to as Affiant, and I am commissioned as a peace officer by the Texas Department of Public Safety. Affiant is currently assigned to the Texas Rangers Division. Affiant has 13 years of experience in law enforcement with specialized training in the investigation of felony crimes and the processing of crime scenes. 1. There is in Smith County, Texas, a suspected place described and located as follows: a red brick single family residence with a light colored painted trim and dark composition roof as depicted in a photograph attached hereto as Exhibit "An. Said suspected place is located near the corner of Kinley Court and Karah Lane. The front of the suspected place faces south with a garage entrance on the east side. There is a detached garage approximately thirty (30) feet from the main residence to the east. In order to travel to said suspected place, one would travel from the intersection of Farm to Market 2710 (FM 2710) and County Road 4108 (CR 4108) north on County Road 4108 (CR 4108) for approximately 1.5 miles to the intersection of Kinley Court. One would then travel south on Kinley Court to the intersection of Karah Lane. Said suspected place driveway would be the first driveway on the left. There is a brick mailbox in front of the residence with the numbers on the front. The physical address of the suspected place is Karah Lane, Lindale, Smith County, Texas. At said suspected place, there is a blue 2008 Ford Focus four (4) door, bearing Texas registration GXK-208 (VIN# 1 FAHP24W28G108038), registered to Bobby STEEL. Said suspected vehicle has been driven by one of the suspects, Jason Robert BOURQUE, to and from said suspected place in and around several of the previous church fire scenes. Said suspected vehicle was identified by BOURQUE

5 as being his vehicle when interviewed by Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Agents. 2. Said suspected place and suspected vehicles have been in the charge of and control of the following named and/or described suspected parties (hereafter called "suspected party," whether one or more), to wit: Bobby Floyd STEEL (white male, date of birth 03/23/1937). Bobby STEEL has issued Texas driver license # and Social Security Number It is the belief of Affiant that said suspected place contains the following property or items which constitute evidence of an offense or constituting evidence tending to show that the suspected party committed an offense: a. Hammers or any hand tools capable of penetrating a paint can lid. b. Skechers shoes, Red Wing boots or any other footwear that may have paint, glass fragments or trace evidence related to a burglary or arson c. Firearms, knives, clubs or other devices that may be used as a weapon and any ammunition. d. Communications devices which may include, but not be limited to, cellular telephones, pagers, computers and/or personal digital assistants (PDA). e. Photographs, video tapes, digital recordings, compact disks, and any other type of electronic storage medium. f. A black leather jacket or any clothing that may have paint, glass fragments, or trace evidence related to a burglary or arson g. And any other item(s) unknown to affiant which could constitute that a particular individual committed the offense of burglary or arson. 4. Affiant has probable cause for said belief by reason of the following facts and circumstances: On Friday, January 1,2010, at approximately 9:02 a.m., a fire was reported at the Little Hope Baptist Church located at 3255 CR 4106 Canton, Van Zandt County, Texas. The church was reported to be secure prior to the fire. Upon subsequent examination of this fire scene by Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) the fire was classified as incendiary. At least two separate locations of fire 2

6 sets were identified. Hymnals and other available combustible materials were determined to have been stacked around the piano and set on fire. On Friday, January 1,2010, at approximately 11 :05 a.m., a fire was reported at Faith Baptist Church located at 901 Mission Avenue, Athens, Henderson County, Texas. Entry into the church was gained by breaking a window on the west side of the church leading to the pastor's study. Upon examination of this fire scene by the City of Athens Fire Marshal, the fire was classified as incendiary. Subsequent consultation with the City of Athens Fire Marshal conducted by Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) regarding the fire at Faith Baptist Church, determined the fire to be incendiary with an additional ignition area being discovered. At least two separate locations of fire sets were identified. On Monday, January 11, 2010, at approximately 10:40 p.m., a fire was reported at the Grace Community Church located at 6400 Highway 19 South, Athens, Henderson County, Texas. The rear door of the church, which is located on the west side of the structure, was determined by the first arriving firefighters to be in the open position. According to the pastor of the church, the church was secure with no doors unlocked. Upon examination of this fire scene by the Henderson County Fire Marshal's Office and Certified Fire Investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), this fire was classified as incendiary. Multiple locations of fire sets were identified. On Tuesday, January 12, 2010, at approximately 12:09 a.m., a fire was reported at the Lake Athens Baptist Church located at 3270 County Road 4807 in Athens, Henderson County, Texas. A shoe print, which was subsequently identified as having been made by a Skechers shoe by the Federal Bureau of Investigation (FBI) Crime Laboratory, was observed in an area outside the Lake Athens Baptist Church where a piece of concrete was removed from its original location at the base of a roof gutter drain. This piece of concrete was subsequently used to break a window in the office area of the Lake Athens Baptist Church and allow the fire setters to gain entry into the building. A boot print, wrlich was subsequently identified as having been made by a large Red Wing work boot, was located near the aforementioned location of the Skechers shoe print. Upon gaining entry into the building, the fire setters entered the main sanctuary area and gathered available combustible materials such as wooden chairs and hymnals and stacked them in several locations including but not limited to the baptistery and choir loft. Upon examination of the fire scene by the City of Athens Fire Marshal and Certified Fire Investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), this fire was classified as incendiary. Multiple locations of fire sets were identified. 3

7 On Saturday, January 16, 2010, at approximately 6:34 p.m., a fire was reported at the Tyland Baptist Church located at 2818 Silver Creek Drive in Tyler, Smith County, Texas. According to the music director of the Tyland Baptist Church, he was in the church earlier in the afternoon prior to the fire and secured the church. Upon examination of this fire scene by Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) the fire was classified as incendiary. Due to extensive fire damage and consumption of the church, a determination could not be made as to how entry was gained. On Sunday, January 17, 2010, at approximately 6:33 p.m., a fire was reported at the First Church of Christ Scientist located at 106 East 2 nd Street in Tyler, Smith County, Texas. Three window panes on separate windows on the north side of the church had been broken prior to the fire. A window pane on a door on the south side of the church had also been broken prior to the fire. Upon examination of trlis fire scene by Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) the fire was classified as incendiary. Multiple locations of fire sets were located. Hymnals and other combustible materials were determined to have been stacked around the organ near the reader's lectern and set on fire. On Wednesday, January 20,2010, at approximately 7:37 a.m., a fire was reported at Prairie Creek Fellowship Church located at 2401 South Main Street in Lindale, Smith County, Texas. It was determined a glass door leading to the sanctuary had been broken. Upon examination of this fire scene by Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) the fire was classified as incendiary. Available combustible materials were utilized to set fire in a closet of the church. On Friday, January 22,2010, the Federal Bureau of Investigation (FBI) Crime Laboratory in Washington, D.C., determined the shoe print located outside the Lake Athens Baptist Church was consistent with a Skechers shoe sole. The upper part of the Skechers shoe could not be determined due to multiple uppers being produced with the identical sole pattern. On Thursday, February 4, 2010, at approximately 5:23 a.m., a fire was reported at Russell United Methodist Church located at 400 South 4th Street in Wills Point, Van Zandt County, Texas. A rock was thrown trlrough a window pane on the north side of the structure allowing for entry of the fire setters. Upon examination of this fire scene by Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) the fire was classified as incendiary. Multiple locations of fire sets were identified. 4

8 On Sunday, February 7,2010, at approximately 12:19 a.m., an attempted break-in of a church was discovered via a burglar alarm at Heritage Baptist Church located at 7720 South Broadway in Tyler, Smith County, Texas. This is another location in which Skechers shoe prints were located at the scene of an attempted church break-in or fire. Upon visual observation and comparison with photographs from the Lake Athens Baptist Church fire on January 12,2010, and the Skechers shoe print located at this attempted burglary scene appeared to have been made by identical shoes. On Monday, February 8,2010, at approximately 8:47 p.m., a fire was reported at the Dover Baptist Church located at FM 1995, Tyler, Smith County, Texas. Forcibly entry into the church was accomplished by forcing open a rear door to the church. Upon examination of this fire scene by Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) the fire was classified as incendiary. A rock was recovered just inside the east nursery entrance indicating that a rock had been used to break the glass to gain entry into the structure. A footprint consistent with the Skechers shoe print, which has been observed at the aforementioned church fire scenes and attempted church burglaries, was also observed at the Dover Baptist Church at the time of the fire. Video evidence was acquired from the R. Tiger Express Exxon convenience store located at the northeast corner of the intersection of Interstate 20 and State Highway 110. Subsequent review of this video revealed individuals known to your Affiant as Jason Robert BOURQUE and Daniel George-W MCALLISTER were present at the aforementioned location at about the same time that the fire at Dover Baptist Church was discovered. On Monday, February 8,2010, at approximately 9:44 p.m., a fire was reported at the Clear Spring Missionary Baptist Church located at County Road 426, Lindale, Smith County, Texas. This fire occurred as fire suppression efforts were ongoing at the Dover Baptist Church. Subsequent video evidence collected from the Running W Convenience Store located at Interstate 20 West shows the individual known to your Affiant as Jason Robert BOURQUE walking in to the Running W Convenience Store at approximately 10:35 p.m., which is less than an hour after the fire was discovered at Clear Spring Missionary Baptist Church. The Clear Spring Missionary Baptist Church is approximately two (2) to three (3) miles south of the Running W Convenience Store. On Monday, February 8,2010, at approximately 9: 19 p.m., an attempted break-in was discovered by the pastor of the Clearview Baptist Church located at State Highway 110 North, Tyler, Smith County, Texas only a few miles east of the Dover Baptist Church. Entry into this church was attempted by throwing a rock through the front glass door. 5

9 A short time later, on Monday, February 8,2010, at approximately 9:39 p.m., an attempted break-in was discovered by a Tyler Police Department Patrol Officer at Pine Brook Baptist Church located at 3606 Van Highway, in Tyler, Smith County, Texas. This church is located to the east of the aforementioned Clearview Baptist Church. An attempt was made at least four (4) times to throw a rock through the front glass door of this church. An examination of footprints at the rear of this church revealed similar Skechers footprints as the aforementioned Skechers foot prints at Lake Athens Baptist Church, Dover Baptist Church and the attempted burglary of Heritage Baptist Church in Tyler, Texas. Additionally, a footprint of a large Red Wing work boot was observed next to the Skechers shoe prints. These two footprints are consistent with those left by the suspected fire setters on January 12, 2010, during the arson of the Lake Athens Baptist Church in Athens, Henderson County, Texas. On Thursday, February 11, 2010, at approximately 3:20 p.m., BATFE Special Agents made contact with Jason Robert BOURQUE at his residence located at Karah Lane, Lindale, Smith County, Texas. BATFE Special Agents were following up on a tip from a cooperating individual who stated BOURQUE was involved in burning the aforementioned churches in Van Zandt, Henderson and Smith Counties. This information as well as additional information received from the cooperating individual has been confirmed on at least three separate occasions and on each and every occasion has proven to be true, reliable and correct. BOURQUE agreed to speak with BATFE Special Agents who advised BOURQUE they were checking vehicles fitting the description of his blue 2008 Ford Focus being involved in the church fires. BOURQUE agreed to allow the Special Agents to look at his vehicle. They had initially made contact with BOURQUE at the garage of the residence which his grandmother, Brenda STEEL, had just exited leaving the garage door up. The ATF Special Agents made contact with Jason BOURQUE at the garage and immediately observed a pair of muddy Skechers shoes in the garage by the door leading into the residence. The A TF Special Agents recognized the Skechers shoes as being consistent with the same sole pattern as the Skechers shoe prints present at the above listed church fires and attempted church break-ins. Affiant knows that items such as the Skechers shoes are tangible items of habitual retention, meaning that under normal circumstances they would be retained by the owner until which time they are worn out and discarded. On Saturday, February 13, 2010, Jason BOURQUE was under surveillance by investigators and was observed to leave his residence with another individual subsequently identified as his father, Robert Dale BOURQUE. Both Jason and Robert BOURQUE were observed to go to Atwood's Ranch and Home Store located on NNW Loop 323 in Tyler, Texas. Atwood's surveillance cameras 6

10 captured video of Jason BOURQUE entering Atwood's and immediately going to the men's restroom. Jason BOURQUE arrived at Atwood's at approximately 2:50 p.m. and entered the men's restroom shortly thereafter. The above described writing was observed on the wall by a store customer at approximately 6:00 p.m. that same day and reported to investigators the following morning. The Little Hope Baptist Church fire had been initially reported as being undetermined. Earlier this date, Certified Fire Investigators of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) National Response Team (NRT) reexamined Little Hope Baptist Church and classified the fire as incendiary. This information had not been released to the media or anyone other than investigators conducting the investigation and therefore would not have been known to anyone else other than the fire setter. On Sunday, February 14, 2010, investigators responded to a call at Atwood's Ranch and Home Store on Loop 323 in Tyler, Smith County, Texas of a carving on a bathroom stall in the men's restroom. The carving read "Little Hope was Arson" and had an upside down cross with flames at the top of it under the wording. Investigators were able to determine during the investigation that the carving on the wall was not present during the cleaning of the restroom on Friday, February 12, On Saturday, February 20, 2010, investigators received information and photographs from a cooperating individual who advised he/she knew where stolen guitars belonging to Daniel MCALLISTER were located. Previous information had been gathered by investigators that Daniel MCALLISTER frequently wears tan lace up steel toe work boots, size 13 or larger, and similar to the Red Wing work boot exemplars which had been obtained by investigators. The photographs of the guitars were subsequently shown to the owners of the guitars. The owners stated the guitars in the photographs were taken during the burglary and arson of Lake Athens Baptist Church. The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Laboratory in Ammendale, Maryland conducted DNA analysis on a brick submitted from the Fellowship of Prairie Creek Church in Lindale, Smith County, Texas arson and a rock submitted from the Russell United Methodist Church arson in Wills POint, Van Zandt County, Texas and determined the DNA belongs to the same individual. A known DNA sample from the suspects, Jason BOURQUE and Daniel MCALLISTER, could be later used to compare to DNA collected from the aforementioned church fire scenes. 7

11 Wherefore, Affiant asks for issuance of a warrant that will authorize him to search said suspected place and seize said suspected vehicles for the aforementioned items which may constitute evidence of the offense of an Arson, a First Degree Felony. Affiant asks for authorization to have item seized, searched, and forensically analyzed for any electronic data, item or thing that may constitute evidence of a crime. 00: Affiant SWOR~TO AND ~~EFORE ME BY SAID AFFIANT ON THIS THE at>- DAY OF,

12 ATTACHMENT A A single family residence made of red brick with a light colored painted trim, and dark composition roof located at Karah Lane Lindale, Texas. Located near the corner of Kinley Court and Karah Lane, the residence is facing south with a garage entrance on the side and a detached garage on the east side. There is a brick mailbox in front ofthe residence with the numbers on the brick mai Ibox. From the intersection off. M 2710 and County Road 4108 go north on County Road miles to the intersection of Kinley Court. Go south on Kinley Court to the intersection of Karah Lane

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