The 2018 Mock Trial Case edited by the

Transcription

1 The 2018 Mock Trial Case edited by the MOCK TRIAL CASE COMMITTEE CENTER FOR CIVIC VALUES STATE OF NEW MEXICO District Court State of New Mexico, ) ) v. ) Docket No. CR ) Devin Pacheco ) ) NOTE: All characters, names, events, and circumstances in this mock trial case are fictitious or are used fictitiously. Any resemblance to any person (living or dead), place, thing or event is purely coincidental. The Center for Civic Values gratefully acknowledges the team of writers and editors who produced this original case: These mock trial materials were adapted from an original case created by the South Carolina BAR, Law Related Education (LRE) Committee and the Mock Trial Sub-Committee; case author, Barbara M. Seymour, LRE Committee Member. Thank you to the Center for Civic Values Mock Trial Case Committee Members who helped adapt the case for New Mexico: Ilyse Hahs-Brooks, Esq. Michael Daniels, Esq. Lynda Latta, Esq. Kristen Leeds, NM Mock Trial Program Director 2

2 Introduction This introduction is of no legal consequence in terms of the trial and is not admissible for impeachment purposes or for any other purpose. On the night of April 2, 2017, the small rural community of Radium Springs, New Mexico lost a treasure. Lois Mae Chavez (known affectionately to just about everyone as Aunt Mae ) died when her historic home was consumed by flames. Aunt Mae lived in Pacheco Hall, a home built by her grandfather at the turn of the century. Shortly into the police investigation, it was determined that the fire was deliberately set. To make matters worse, it now appears the fire was intended to cover for the violent death of Aunt Mae in the course of a robbery. Scandal now rocks one of the town s oldest families, as one of its own has been charged with Aunt Mae s murder. STIPULATIONS 1. The signatures on the witness statements are authentic and signed under oath by each witness. 2. The jury charges are accurate in all respects. No objections to the jury charges may be raised. 3. The indictments are valid. The Defendant may not challenge the indictments as deficient. 4. At the time of her death, Lois Mae Chavez, the victim, was seventy-seven years old. She did not have a will; therefore, her property was to be inherited by her closest living relative, Sidney Chavez-Walden, the spouse of her deceased sibling. 5. The Defendant, Devin Pacheco, was properly advised of Miranda warnings upon arrest. Miranda warnings were not legally required prior to any other interview of Devin Pacheco or any other witness. The validity of any interview based on Miranda may not be challenged or called into question during the trial of the case. 6. Chief Nat Anaya and the Hidalgo County officers interviewed all likely witnesses. Only those with information relevant and valuable to the investigation are specifically identified in the investigation report and in Nat Anaya s affidavit. No other witness interviewed provided any relevant or valuable information. 7. The testimony of the officers, the coroner, the firefighters, and any other member of the Hidalgo County Police and Fire Department is in concurrence with and cumulative of that of Chief Nat Anaya and is, therefore, unnecessary. The failure of a party to call a witness other than those listed in the Case Materials may not be raised or challenged. 8. The recorded video chat session obtained from Jaylen and Miller Whitman's laptop computer verifies that Miller Whitman was out of the state and that Jaylen Whitman was in the Carriage House continuously between 7:02 p.m. until 10:44 p.m. on April 2, This record s availability is not in question

3 9. For purposes of Mock Trial, some pictures were combined into a single exhibit. A witness may identify and acknowledge a picture within an exhibit without acknowledging all components of the exhibit

4 State of New Mexico District Court CRIMINAL ACTION DOCKET NO. CR HIDALGO COUNTY ) STATE OF NEW MEXICO ) INDICTMENT CHARGING VIOLATIONS OF ) Count 1: First-Degree Murder In Violation of NM ) V. )Count 2: Arson in Violation Of NM Stat ) ) )Count 3: Armed Robbery in Violation of NM Stat ) ) ) DEVIN PACHECO ) THE GRAND JURY DOES HEREBY CHARGE: COUNT 1 First-Degree Murder That Devin Pacheco did, in Hidalgo County, on or about April 2, 2017, commit the crime of First-degree Murder in that the Defendant, Devin Pacheco, did with malice aforethought cause the death of Lois Mae Chavez, at her residence knows as Pacheco Hall at 1500 Wordsworth Road, Hidalgo County, Radium Springs, New Mexico, contrary to the laws of the State of New Mexico. COUNT 2 Arson That Devin Pacheco did, in Hidalgo County, on or about April 2, 2017, commit the crime of Arson in that the Defendant, Devin Pacheco, willfully and maliciously did cause an explosion, set fire to, or burn or cause to be burned a building or structure, watercraft, aircraft, motor vehicle or other personal property, described as follows: the dwelling, Pacheco Hall at 1500 Wordsworth Road, Hidalgo County, Radium Springs, New Mexico with the intent to destroy or damage it; contrary to the laws of this State. COUNT 3-5 -

5 Armed Robbery That Devin Pacheco did, in Hidalgo County, on or about April 2, 2017, commit the crime of Armed Robbery in that the Defendant, Devin Pacheco, while armed with a deadly weapon, committed a robbery of one Lois Mae Chavez, contrary to the laws of the State of New Mexico, at the Pacheco Hall located at 1500 Wordsworth Road, Hidalgo County, Radium Springs, New Mexico. A TRUE BILL OF INDICTMENT Janet Blair Foreperson of the Grand Jury September 1, 2017 Date - 6 -

6 The State of New Mexico filed three Indictments against the Defendant, Devin Pacheco. The Indictments were true billed by the Grand Jury on October 30, The Defendant pled not guilty to all charges. I, the undersigned, do hereby demand a jury trial in the above matter. Dated: September 1, 2017 Signed: Devin Pacheco Devin Pacheco, Defendant - 7 -

7 STATE OF NEW MEXICO ) SIXTH JUDICIAL DISTRICT COURT ) COUNTY OF HIDALGO ) ) ) STATE OF NEW MEXICO, ) CR ) Prosecution, ) v. ) ) DEVIN PACHECO, ) ) Defendant. ) ) Pre-Trial Order On this the 7 th day of January, 2018, the above-captioned matter came before the undersigned judge for pretrial conference. The parties, appearing through their counsel, indicated their agreement to the terms of this Order. The terms of this Order shall not be altered, except by this Court upon a showing of good cause. I. Statement of Case The State of New Mexico charged the Defendant, Devin Pacheco, with Murder, Arson, and Armed Robbery. II. Pretrial Rulings Because the parties have stipulated to the cause of death of the victim, the judge has sustained the Defendant's objection to showing photos of the victim's body and injuries on the grounds that those photos would be unnecessarily cumulative of the testimony of Chief Nat Anaya and that, as a result of their gruesome nature, those photos would be substantially more prejudicial than probative. IV. Terminology / Pronunciation Guide 1. The definition of codicil is an amendment to an existing will that supplements, alters, or expands upon that will. 2. The definition of life estate is a person's legal interest in the possession and use of property during that person's lifetime. 3. The pronunciation for St. Francis de Sales is Sānt Fran-cis dā Săl-is. IT IS SO ORDERED, this day of this round of the High School Mock Trial competition. /s/ Presiding Judge The Honorable Presiding Judge - 8 -

8 STATE CRIMINAL LAW STATUTES State Statute Section Murder A. Murder in the first-degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused: (1) by any kind of willful, deliberate and premeditated killing; (2) in the commission of or attempt to commit any felony; or (3) by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Whoever commits murder in the first-degree is guilty of a capital felony. State Statute Section Arson A. Arson consists of a person maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging: (1) a building, occupied structure or property of another person; (2) a bridge, utility line, fence or sign; or (3) any property, whether the person's own property or the property of another person, to collect insurance for the loss. B. Whoever commits arson when the damage is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits arson when the damage is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor. D. Whoever commits arson when the damage is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony. E. Whoever commits arson when the damage is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony. F. Whoever commits arson when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony. G. Negligent arson consists of a person recklessly starting a fire or causing an explosion, whether on the person's property or the property of another person, and thereby directly: - 9 -

9 (1) causing the death or bodily injury of another person; or (2) damaging or destroying a building or occupied structure of another person. H. Whoever commits negligent arson is guilty of a fourth degree felony. I. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property, for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present. State Statute Section Robbery Robbery consists of the theft of anything of value from the person of another or from the immediate control of another, by use or threatened use of force or violence. Whoever commits robbery is guilty of a third-degree felony. Whoever commits robbery while armed with a deadly weapon is, for the first offense, guilty of a second-degree felony and, for second and subsequent offenses, is guilty of a first-degree felony

10 Jury Instructions (Note: Jury instructions are NOT to be read to the jury on the day of the Mock Trial competition.) It is your duty as a juror to decide this case by applying these jury instructions to the facts as you determine them. You must follow these jury instructions. They are the rules you should use to decide this case. It is your duty to determine what the facts are in the case by determining what actually happened. Determine the facts only from the evidence produced in court. When I say evidence, I mean the testimony of witnesses and the exhibits introduced in court. You should not guess about any fact. You must not be influenced by sympathy or prejudice. You must not be concerned with any opinion that you feel I have about the facts. You, as jurors, are the sole judges of what happened. You must consider all these instructions. Do not pick out one instruction, or part of one, and ignore others. As you determine the facts, however, you may find that some instructions no longer apply. You must then consider the instructions that do apply, together with the facts as you have determined them. In their opening statements and closing arguments, the lawyers have talked to you about the law and the evidence. What the lawyers said is not evidence, but it may help you to understand the law and the evidence. The lawyers are permitted to stipulate that certain facts exist. This means that both sides agree those facts do exist and are part of the evidence. You are to determine what the facts in this case are from the evidence produced in court. If the court sustained an objection to a lawyer s question, you must disregard it and any answer given. Any testimony stricken from the court record must not be considered. The State has the burden of proving the defendant guilty beyond a reasonable doubt. In civil cases, it is only necessary to prove that a fact is more likely true than not true, or that its truth is highly probable. In criminal cases such as this, the State s proof must be more powerful than that. It must be beyond a reasonable doubt. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant s guilt. There are very few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every doubt. If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you must find the defendant guilty. If, on the other hand, you think there is a real possibility that the defendant is not guilty, you must give the defendant the benefit of the doubt and find the defendant not guilty. You must decide whether or not the State has proven the defendant guilty beyond a reasonable doubt. The law does not require a defendant to prove innocence. You must start with the presumption that the defendant is innocent. The State must then prove the defendant guilty beyond a reasonable doubt. This means that the State must prove each element of the charges

11 beyond a reasonable doubt. If you conclude that the State has not met its burden of proof beyond a reasonable doubt with respect to a particular charge, then you must find the defendant not guilty of that charge. You must decide whether the defendant is guilty or not guilty by determining what the facts in the case are and applying these jury instructions. You must not consider the possible punishment when deciding on guilt; punishment is left to the judge. If you find that the plaintiff, the State of New Mexico, has lost, destroyed, or failed to preserve evidence whose contents or quality are important to the issues in this case, then you should weigh the explanation, if any, given for the loss or unavailability of the evidence. If you find that any such explanation is inadequate then you may infer that the evidence is against the State s interest, which may create a reasonable doubt about the defendant s guilt. The State must prove guilt beyond a reasonable doubt with its own evidence. You must not conclude that the defendant is likely to be guilty because the defendant did not testify. The defendant is not required to testify. The decision on whether or not to testify is left to the defendant acting with the advice of an attorney. You must not let this choice affect your deliberations in any way. The defendant is not required to produce evidence of any kind. The decision on whether to produce any evidence is left to the defendant acting with the advice of an attorney. The defendant s failure to produce any evidence is not evidence of guilt. Before you may convict the defendant of the charged crimes, you must find that the State proved beyond a reasonable doubt that the defendant committed a voluntary act. A voluntary act means a bodily movement performed consciously and as a result of effort and determination. You must consider all the evidence in deciding whether the defendant committed the act voluntarily. In determining the evidence, you must decide whether to believe the witnesses and their testimony. As you do this, you should consider the testimony in light of all the other evidence in the case. This means you may consider such things as the witnesses ability and opportunity to observe, their manner and memory while testifying, any motive or prejudice they might have, and any inconsistent statements they may have made. The State has charged the defendant with certain crimes. A charge is not evidence against the defendant. You must not think that the defendant is guilty just because of a charge. The defendant has pled not guilty. This plea of not guilty means that the State must prove each element of the charges beyond a reasonable doubt. Evidence may be direct or circumstantial. Direct evidence is the testimony of a witness who saw, heard, or otherwise observed an event. Circumstantial evidence is the proof of a fact or facts from which you may find another fact. The law makes no distinction between direct and circumstantial evidence. It is for you to determine the importance to be given to the evidence, regardless of whether it is direct or circumstantial. A witness may give an opinion on a subject upon which the witness has become an expert because of education, study, or experience. You should consider the opinion of an expert and the reasons, if any, given for it. However, you are not bound by any expert opinion. Give the expert opinion the importance that you believe it deserves

12 Evidence of other acts of the defendant has been admitted in this case. You must not consider this evidence to prove the defendant s character or that the defendant acted in conformity with that character. You may, however, consider that evidence only as it relates to the defendant s motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. You must evaluate the defendant s testimony the same way as any witness testimony. The State need not prove motive, but you may consider motive or lack of motive in reaching your verdict. I will now tell you about the crime with which Devin Pacheco is charged. Devin Pacheco is charged with one count of first-degree murder. FIRST-DEGREE MURDER Murder in the first-degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused: 1. by any kind of willful, deliberate and premeditated killing; 2. in the commission of or attempt to commit any felony; or 3. by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Whoever commits murder in the first-degree is guilty of a capital felony. Premeditation means that the defendant intended to kill another human being or knew s/he would kill another human being, and that after forming that intent or knowledge, reflected on the decision before killing. It is this reflection, regardless of the length of time in which it occurs, that distinguishes first-degree murder from second-degree murder. An act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion. The time needed for reflection is not necessarily prolonged, and the space of time between the intent or knowledge to kill and the act of killing may be very short. Intentionally or With Intent To Defined Intentionally or with intent to means that a defendant s objective is to cause that result or to engage in that conduct. Intent Inference Intent may be inferred from all the facts and circumstances disclosed by the evidence. It need not be established exclusively by direct sensory proof. The existence of intent is one of the questions of fact for your determination. Knew or Knowingly Defined Knew or knowingly means that a defendant acted with awareness of, or belief in, the existence of conduct or circumstances constituting an offense. It does not mean that a defendant must have known the conduct is forbidden by law

13 Included Mental States Knowingly If the State is required to prove that the defendant acted knowingly, that requirement is satisfied if the State proves that the defendant acted intentionally. ARSON A. Arson consists of a person maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging: (1) a building, occupied structure or property of another person; (2) a bridge, utility line, fence or sign; or (3) any property, whether the person's own property or the property of another person, to collect insurance for the loss. B. Whoever commits arson when the damage is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits arson when the damage is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor. D. Whoever commits arson when the damage is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony. E. Whoever commits arson when the damage is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony. F. Whoever commits arson when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony. G. Negligent arson consists of a person recklessly starting a fire or causing an explosion, whether on the person's property or the property of another person, and thereby directly: (1) causing the death or bodily injury of another person; or (2) damaging or destroying a building or occupied structure of another person. H. Whoever commits negligent arson is guilty of a fourth degree felony. I. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property, for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present

14 ROBBERY A. Robbery consists of the theft of anything of value from the person of another or from the immediate control of another, by use or threatened use of force or violence. B. Whoever commits robbery is guilty of a third-degree felony. C. Whoever commits robbery while armed with a deadly weapon is, for the first offense, guilty of a second-degree felony and, for second and subsequent offenses, is guilty of a firstdegree felony

15 WITNESSES and AFFIDAVITS WITNESS LISTING PROSECUTION Drew Douglas Nat Anaya Sidney Chavez-Walden Church Administrator Chief of Police and Fire Victim s Sibling-In-Law DEFENSE Devin Pacheco Jaylen Whitman Kendall Brito Defendant Defendant s Cousin Insurance Investigator

16 Drew Douglas Affidavit of DREW DOUGLAS (Church Administrator) My name is Drew Douglas. I am 30 years old. I live at 200 Orchard Lane in Radium Springs, New Mexico. I graduated from Hidalgo High School in 2003 and got my Associate's Degree in accounting from Hidalgo Technical College in I work two parttime jobs. I am the bookkeeper for Shop-n-Save and the administrator for the Church of St. Francis de Sales. I do bookkeeping and payroll for Shop-n-Save seven hours per day, Monday through Wednesday. My job at St. Francis is about ten hours per week, working mostly on Thursdays and Sundays. My work for St. Francis is mainly keeping the books, preparing the Sunday bulletin and monthly newsletter, creating an annual budget, and doing odd office jobs as needed. It is a small church, so there is not a whole lot going on there. Rev. Cambridge and I are the only employees, so there is nothing really complicated. 2. Of course, one of my responsibilities should have been making the weekly deposits on Monday mornings. When I was first hired in 2006 and found out that Aunt Mae took the Sunday plate collection money with her on Sunday afternoons, I was surprised. "Aunt Mae" was what everyone called Ms. Lois Mae Chavez. Her family founded St. Francis de Sales, and she lived in the house near the church, which was all located on the Pacheco Homestead. She lived in the main house on the property called Pacheco Hall. I was told she had been the church treasurer for as long as anyone could remember, and she always took the plate collection money with her to deposit on Monday mornings. Aunt Mae never drove as far as I knew, but Ashton and Sidney Chavez-Walden would come from Elephant Butte most every Sunday for church. They would spend Sunday night with Aunt Mae and then take her out to run errands on Monday mornings. Sidney Chavez- Walden kept that routine up after Ashton passed away, and, when Sidney could not do it, Jaylen would drive her. Many times, I pulled Sidney or Jaylen aside after church, offering to lock the money in the church s filing cabinet and meet them there at 8:00 a.m. on Monday morning to pick up the money before my shift at the Shop-n-Save. But, they did not accept my offer. The excuse was always that Aunt Mae was too set in her ways, and she felt like she was helping out by making the deposits. I think with some persuading, Aunt Mae could have been convinced, but Sidney did not want to get up early on Mondays to travel to Radium Springs in order to make the weekly deposits. 3. Now I sure wish I had pushed harder or insisted that Rev. Cambridge change the practice of Aunt Mae taking the Sunday plate collection money. I never really thought Aunt Mae was in real danger quite frankly it is a small church, and ordinarily it

17 Drew Douglas was not a whole lot of money collected on any given Sunday. I was more worried that she would misplace the money and there would be a big fuss over that. And of course, handing a bag of cash over to a little old lady to tote home with her is not exactly the standard accounting practices I learned in school. 4. I suppose whenever there is an unexpected tragedy like this, everyone looks back and thinks, "I should have done something more to prevent this." Like the warning signs I ignored when it came to Devin Pacheco. Devin was a sophomore when I was a senior. Devin was wild always getting into some kind of trouble, skipping school, getting brought home by the cops. Devin had no parents at home and hung out with kids my age and even older. Everybody said Aunt Mae did the best she could, but there was not much you could do with someone like Devin. Devin disappeared for a while after high school, then about seven or eight years ago showed back up out of nowhere, looking rough. I remember seeing Devin at church one Sunday out of the blue, hanging on Aunt Mae like she was some kind of queen. I remember Aunt Mae saying to me, "Look here, Drew. Look who has come home to take care of me." I remember thinking, "Yeah, who is going to take care of who?" And I was right. It did not take long for Devin to get right back into trouble. 5. Devin ran around with a cousin of mine named Barnard and some others in my class at school. I do not know what all they were into, but I heard rumors they were up to no good. I remember one time, not long before Aunt Mae was killed, I was over at my uncle's house helping him with his tax return. While there, I heard my cousin Barnard kind of shouting on his cell phone out on the porch. I heard him say, "Devin, you cannot just mooch off everyone your whole life. At some point, you have to pay back what you borrow." And then, "You know if it was me I would not care, but these guys are no joke." And then, "Well, you will have to find yourself another job then and ---" It sounded like Barnard got cut off. Barnard was fussing and walked off to his car, slamming the porch door behind him. 6. Devin had a job at the Shop-n-Save, but did not keep it for long. Devin did pretty well for the first few months, but then started clocking in late and not showing up at all a few times. Now, the Shop-n-Save is no Walmart, but for the only grocery store in the county, it does a pretty good business. The few employees we have cannot be no shows. After a while, the manager had enough and fired Devin. There was a huge blow up in the office, with Devin saying things like, "You cannot fire me. I need this job." And, "What do you expect me to do now?" For a minute, I thought I was going to have to call the police, but then Devin sort of shrugged and walked out. That was back in January I do not know what Devin did for money after that

18 Drew Douglas I remember the day Aunt Mae died, probably because it was a Sunday and I had seen her the same day. I remember the weather was really nice and everyone at church was very happy. A few months prior, the membership voted to raise money to build a memorial and meditation garden on the church property. On Sunday, April 2, 2017, we unveiled the architectural plans for the garden. Surely the kick-off of the architectural plans accounted for the collection size that day, which was more than double the usual giving. As was our usual practice, Aunt Mae and I went into the church office around 12:30 p.m. to count the money after a few minutes of socializing. I remember Devin's head popping in the door at one point asking if Aunt Mae was ready to go. She laughed and said "You all go on, Devin. Drew and I might be here a while. Everyone was so generous today. We have a lot of extra money to count." Devin eyed the pile of bills sitting in front of us and said, "Ya'll don't need any help with that?" Aunt Mae just laughed and said, "Shoo, Devin. You go on." Devin left, then came back and said, "Well, I am heading back with Jaylen. Sidney's gonna stay and wait on you." 8. After Devin left, we counted out the money the way we always did. Aunt Mae counted out loud and I wrote it down. Then I counted out loud while she checked my numbers. Then I typed up an itemized list of checks and cash collected on the Weekly Collections form and we both checked it against our notes. Once we made any corrections necessary, I printed it out and we each initialed the form. Then I made two copies. The original went into my book to wait on the deposit slip so I could enter it into the accounting ledger. One copy went with the money that Aunt Mae put in her purse for depositing on Mondays. The other copy went into Rev. Cambridge's mailbox so he could see how we were doing. 9. I woke up to the Monday news reporting about Aunt Mae losing her life to a house fire. The news was devastating. I was just with Aunt Mae the day before. On that Tuesday after the fire, Chief Anaya asked me some questions. Chief showed me a series of photographs from the scene of the fire, and had me label some spots on the property sketch of the Pacheco Homestead (marked as Exhibit #1). I confirmed a photo of the purse Aunt Mae always carried with her to church and carried with her on April 2, 2017 (marked as Exhibit #6, Photo #2). That was the purse she put the church deposit in on Sunday. Then it hit me, the church deposit. I was in such shock about losing Aunt Mae, I did not think about the fact that she was supposed to make the weekly deposit on Monday. When Chief Anaya showed me the pictures of Aunt Mae s personal items (marked as Exhibit #6, Photos #3, #4, #5, #6, and #7) found near her purse, I asked where the collection money

19 Drew Douglas was. It was missing. I provided Chief Anaya with an exact copy of the Weekly Collections form that Lois Mae and I prepared together on April 2, 2017 (marked as Exhibit #4). The tally of weekly collections accurately reflects the checks and cash in both amount and denomination that Aunt Mae put in her purse with the deposit. It was right after that when Aunt Mae and Sidney left from church together around 12:50 p.m. 10. After everyone left church that day, I must have had a few things to do because I stayed there until about 1:15 p.m. or so. I remember locking the door, walking to my car parked in my reserve parking place next to church, where I always park (labeled on Exhibit #1 as Reference Point #1). It was then that I heard some commotion. I saw Sidney Chavez-Walden pacing around on the sand walking path between the house and the pond, hollering into a cell phone (labeled on Exhibit #1 as Reference Point #2). I could not make out all that Sidney was saying, but I did hear something like "just won't budge" and "tell me something I don't know" and "excellent offer but try telling her that." I guess I must have been staring, because Sidney looked up and got quiet and then turned down the sand walking path to the driveway to the main house. As I got in the car and turned my car around in the parking lot, I saw Sidney pulling groceries out of the white Cadillac and slamming the door in the driveway (labeled on Exhibit #1 as Reference Point #3). I do not know what that was all about. Sidney is a realtor and was into making real estate investment deals. Sidney was always hollering something into the phone. 11. I saw Sidney again later that day when I returned to the church to get some paperwork I had mistakenly left behind. I had finished my uncle's tax return and was going to give it to him at church that day, but he never showed up. I guess it slipped my mind that I still had his tax return with me, because I left the folder in the church office. I only remembered leaving it behind when I sat down to eat and pulled out some pickle relish my uncle canned for me last year. I called him and he said he would come to the Shop-n-Save the next day to get it, so I drove back to the church to pick up the tax return and got there around 6:55 p.m. There were no cars in the driveway either at the Carriage House or the main house when I drove in, other than Jaylen's SUV. When I got out of my car in the church parking lot, I heard a door close behind me. When I turned around, I saw someone. I figured it was Devin heading out the back door of the main house and going around the other side, not towards the church (labeled on Exhibit #1 as Reference Point #4). It looked like the person was carrying something, but it was twilight and some distance away. So, I could not see what it was. I was going to wave, but I never did see Devin again. It was not unusual to see Devin over there, so I went into the church to get my uncle's tax return

20 Drew Douglas I unlocked the door to the church and then the door to the office. I thought I had left the tax return folder on the table where we counted the money, but it was not there. I had to hunt around for a while and finally found the tax return on the filing cabinet in Rev. Cambridge's office. I grabbed the folder and headed out, locking the doors behind me. As I was leaving out on Longfellow Circle, Sidney about ran me off the road coming out of the driveway. Sidney was not paying attention at all. I am not even sure Sidney saw my car. I know Sidney definitely took me by surprise. Sidney's car had not been there when I pulled in and I could not have been inside the church for more than fifteen minutes. 13. It is funny what you do remember the smallest things. For instance, when I was getting back in my car with the tax return folder, I remember smelling something burning. I knew about a cookout at the Carriage House because Aunt Mae mentioned that Jaylen was going to cookout before the big game. But this was much later than when they would have been cooking. I just assumed the smell of smoke was coming from the burn pile. A picture of the burn pile is marked as Exhibit #6, Photo #1. A burn pile was on the other side of Pacheco Hall to discard trash and other things. I have used that burn pile before to dispose of old church records. Now I wish I had checked on Aunt Mae. WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Drew Douglas Drew Douglas Miriam Wrenn Miriam Wrenn, Notary Public State of New Mexico My Commission Expires: 12/24/

21 Nat Anaya Affidavit of NAT ANAYA (Chief of Police and Fire) 1. My name is Nat Anaya. I am 47 years old. I was born and raised in Concord, Hidalgo County, New Mexico. I am the Chief of the Hidalgo County Police and Fire Department. I graduated from Hidalgo High School in I attended NMSU, where I obtained an associate's degree in criminal justice in After graduating from college, I worked with the Dorchester County Sheriff s Office as a Uniform Patrol Officer for nine years, a Narcotics Officer for two years and Forensic Specialist for eleven years. During that time, I completed several training programs at the New Mexico Criminal Justice Academy and the FBI Academy. I obtained training certification in fingerprint/shoeprint analysis, crime scene photography, blood stain analysis, arson investigation, and homicide investigation. I am also certified with the American Board of Medico Legal Death Examiners. I am a current member of the NM Sheriffs' Association, the International Homicide Investigation Association, and the National Association of Fire Investigators. Five years ago, Chief Channing retired. I decided to apply for the position so that I could return home to Concord. I was hired as the new Hidalgo County Chief of Police and Fire in I was in charge of the investigation into the April 2, 2017, fire at Pacheco Hall on the Pacheco Homestead and the related death of Lois Mae Chavez. I prepared a complete report of the investigation, (marked as Exhibit #8) which also includes the autopsy report. I am also familiar with all other exhibits in this case. Dates and times of the incident were verified against the 911 Detail Report (marked as Exhibit #9). 4. Dispatch called me at approximately 22:57 after having received a 911 emergency call at approximately 22:48 from Jaylen Whitman. I arrived at 1500 Wordsworth Road in Radium Springs, NM, at approximately 23:19. On scene, there were Hidalgo County s fire apparatus, two of my officers, and the Hidalgo Community EMS. By approximately 23:49 the fire was sufficiently contained to allow department personnel to enter the structure in an attempt to rescue any occupants. The rescue team found a body located in the kitchen, and the victim was declared dead on the scene. It was determined there was only one occupant, confirmed later to be Lois Mae Chavez. The coroner transported the body to the morgue. 5. Once the fire was one hundred percent contained, my officers and I began our fire investigation. As noted in the investigation report, we determined that the fire started in the kitchen. Based on burn patterns, a towel soaked in an accelerant near the

22 Nat Anaya stove started the fire. Due to the intentional nature of how the fire started, our focus shifted to an arson investigation. Debris samples taken from countertops, walls, ceiling joists, and flooring in the kitchen revealed appreciable traces of petroleum based accelerant. Samples were also taken from the victim s purse, and its contents, which revealed appreciable traces of petroleum based accelerant. 6. There was significant damage to the structure and the surrounding area due to the fire and the water involved in putting the fire out. The damage made it impossible to obtain usable shoeprints or fingerprints inside or around the house. On the night of the fire, we were unable to locate any source of the accelerant, such as a gas can or another container located in the vicinity of the structure. During the early hours of Monday, April 3, 2017, we focused our investigation on conducting preliminary interviews with witnesses: Sidney Chavez-Walden, Jaylen Whitman, and Devin Pacheco. 7. In the preliminary interview in the early morning hours of Monday, April 3, 2017, Sidney Chavez-Walden provided the following regarding the incident of that evening: Chavez-Walden last saw the victim at approximately 14:00. Chavez-Walden escorted the victim from the Church of St. Francis de Sales to Pacheco Hall after the victim and Drew Douglas counted the collection money. Chavez-Walden prepared lunch for the victim at the victim s residence, which they ate together. Chavez-Walden acknowledged leaving after lunch and returning to the property at approximately 19:05, but did not get an answer after knocking on the front door. Chavez-Walden assumed the victim had already left the residence and was with other family members at the Carriage House located on the Pacheco Homestead. Chavez-Walden left the property within a few minutes of arrival without speaking to or seeing anyone. Chavez-Walden reported a near collision with Drew Douglas while leaving the property. Chavez-Walden reported arriving home in Beaufort at approximately 19:40 and watching some television before falling asleep. Chavez-Walden received a call from Jaylen Whitman about the fire and returned to the victim s residence. Chavez-Walden offered a sketch of the property (marked as Exhibit #1), which has been extremely useful. 8. In the preliminary interview in the early morning hours of Monday, April 3, 2017, Jaylen Whitman provided the following regarding the incident of that evening: Jaylen Whitman last saw the victim at church after the Sunday service on the date of the incident. Whitman was with Devin Pacheco from approximately 13:30 until approximately 18:45. Whitman accounted for their day together prior to watching the basketball games alone. While watching the games, Jaylen Whitman was on a video chat session with Miller

23 Nat Anaya Whitman from 19:02 until the end of the basketball game at approximately 22:44. Jaylen Whitman saw the fire at the victim's residence from a bathroom window, called 911 from a cell phone, and attempted to enter the victim s residence to rescue the victim. Jaylen Whitman was unable to rescue the victim due to smoke and heat and was found unconscious outside the residence by first responders. Jaylen Whitman was treated at the scene and released. Later, I obtained a recording of a recorded video chat session on April 2, 2017, between Jaylen and Miller Whitman from Jaylen s laptop. Miller Whitman was out of state on the date in question. It was confirmed from the date and time stamp on the video and a clock visible on the walls of the locations of both parties to the call that Jaylen Whitman was present in the Carriage House from 19:02 until 22:44. Thus, I was able to exclude both Jaylen and Miller Whitman as suspects. 9. In the preliminary interview in the early morning hours of Monday, April 3, 2017, Devin Pacheco provided the following regarding the incident of that evening: Devin Pacheco claimed to have last seen the victim at approximately 12:30 on Sunday at Church of St. Francis de Sales. Pacheco reported being with Jaylen Whitman at the store and at the Carriage House until approximately 18:45. Pacheco reported returning to Ralph, Jr.'s house located on the Pacheco Homestead and falling asleep around 20:45, only to be awakened in the house known as Ralph Jr. s house located on the corner of the property at 1502 Wordsworth Road at an unknown time by the sound of sirens related to the fire. 10. On the afternoon of Monday, April 3, 2017, I received the autopsy report. The coroner positively identified the body as Lois Mae Chavez with dental records, the owner and occupant of the house known as Pacheco Hall. The medical examiner also reported that Ms. Chavez s death was not related to the fire, but rather caused by blunt force trauma to the back of the head. Although the fire damage to the body was too severe to determine even an approximate time of death, the evidence is conclusive that she was deceased prior to fire exposure. 11. Upon review of the autopsy report, we immediately shifted our focus from an arson investigation to a homicide investigation. I instructed two of my officers to re-canvass the scene for additional evidence that might be relevant. The officers recovered a cast iron skillet on the kitchen floor. The photograph of the cast iron skillet is contained in Exhibit #6. The officers also recovered the Pacheco Family Bible from the residence, which contained a drawing of the family tree (marked as Exhibit #5). Comparisons between the skillet and the blunt force trauma to the victim s back of the head confirmed that the skillet was the murder weapon

24 Nat Anaya I took an officer to examine the surrounding area of Pacheco Hall. Upon examination of the burn pile (marked as Exhibit #6, Photo #1), I located several items of interest, to include a lady's purse and its contents. I photographed the purse and its contents and secured the items in evidence bags. The photographs I took are included in Exhibit #6. No fingerprints were found on these items. I consulted with the fire personnel who were at the scene and confirmed that the burn pile was burning at the time of the house fire and that water hoses were used to douse it. The area immediately surrounding the burn pile was too damaged by fire, water, and activity to obtain usable shoeprints. Further, the areas surrounding the house and burn pile were covered in grass. However, we were able to lift six full or partial shoeprints that appeared to be from athletic shoes from the sand walking path between Pacheco Hall and the burn pile leading to Ralph Jr. s house, occupied at the time by the defendant, Devin Pacheco. The location of the six shoeprints is labeled on Exhibit # 1 as Reference Point # According to information from the preliminary interviews, Drew Douglas also interacted with the victim on Sunday, April 2, On Tuesday, April 4, 2017, Drew Douglas was interviewed and stated the following regarding the events of April 2, 2017: Douglas and the victim stayed after church to count the collection money. Douglas saw Devin Pacheco at approximately 12:30 during a brief encounter in the church office while Douglas and the victim were counting the weekly collections. Douglas last saw the victim at approximately 12:50 leaving the church with the collection money in her purse. Douglas confirmed the purse found in the burn pile (marked as Exhibit #6, Photo #2) was the purse into which the victim placed the church s collection money before departing the church with Sidney Chavez-Walden. When shown the personal items pictured in Exhibit #6, Douglas questioned where was the church s weekly collection money. To support the existence of the weekly collection, Douglas provided a tally copy of the weekly collections prepared by Douglas and the victim (marked as Exhibit #4). Douglas stated that the victim left the church escorted by Sidney Chavez-Walden. Douglas saw Sidney Chavez-Walden a second time at approximately 13:15. Douglas began referencing different locations on the Pacheco Homestead and voluntarily marked the locations on the property sketch provided (marked as Exhibit #1). As Douglas was leaving the premises and approaching his/her car parked in a reserved parking space next to the church (labeled on Exhibit #1 as Reference Point #1), Douglas observed Sidney Chavez-Walden. Sidney Chavez-Walden was seen on the sand walking path near Pacheco Hall (as noted on Exhibit #1 as Reference Point #2) speaking loudly on a cell phone, then retrieving grocery bags from a white Cadillac (that Douglas

25 Nat Anaya identified as belonging to Sidney Chavez-Walden) parked in the driveway (labeled on Exhibit #1 as Reference Point #3). Upon returning to the premises sometime around 18:55, Douglas observed an individual matching the description of Devin Pacheco, known to Douglas, at the rear of Pacheco Hall with the location noted on the property sketch (labeled on Exhibit #1 as Reference Point #4). In addition, Douglas drew an arrow in the direction the person left from the residence, who was believed to be Devin Pacheco. Upon departing the premises at approximately 19:10, Douglas observed Sidney Chavez-Walden exiting the property in a white Cadillac, driving erratically. 14. As a result of Drew Douglas interview, my officers conducted a search of Sidney Chavez-Walden s vehicle and both residences on the same day. No athletic shoes were found matching the shoeprints taken from the walking path near the burn pile. Lab results showed no trace of accelerant on any shoes found in the Chavez-Walden residences or on any swabs taken from Chavez-Walden's vehicle. We also confirmed with the security staff at Chavez-Walden's gated community in Beaufort that Chavez-Walden's white Cadillac passed through the security gate at exactly 19:38 on Sunday, April 2, 2017, by viewing the video footage and the digital log recorded by the gate. Second, we clocked the travel time between Pacheco Homestead and Chavez-Walden's Beaufort residence and confirmed that it was a drive of approximately thirty minutes. Accounting for variances in speed and traffic, the timeline of the movements reported by Chavez-Walden were confirmed. Finding no evidence linking Chavez-Walden to the crime scene, I was able to exclude Chavez-Walden as a suspect. 15. During our investigation on Tuesday, we searched the Carriage House, occupied by Jaylen and Miller Whitman. We were granted access to the home by Jaylen Whitman, who was present during our search. We took prints of all athletic shoes found in the residence and we swabbed all of the shoes for trace evidence. Our examination later revealed none of the shoes located in the Carriage House matched any of the six shoeprints the lifted from the sand walking path. Lab analysis later revealed no traces of accelerant on the soles of any shoes found in the Carriage House. 16. While conducting the consent search of the Carriage House, we located a container of lighter fluid with no fingerprints (marked as Exhibit #2) in the side yard of the Carriage House (labeled on Exhibit #1 as Reference Point #5). Jaylen Whitman identified the container as one used on the afternoon of the incident to clean oil from the driveway and to light charcoal in the grill. Jaylen Whitman reported storing the container on a high shelf in the carport of the residence after using the lighter fluid. We took the lighter fluid

26 Nat Anaya container, which was nearly empty, into evidence and delivered it to the forensics lab. No fingerprints were lifted from the lighter fluid container. 17. Also as a result of the interview of Drew Douglas, we conducted a second interview of Devin Pacheco. The second interview of Devin Pacheco was substantively the same as the first, outlined earlier. When confronted with Jaylen Whitman's statement regarding Pacheco's visit to the victim's residence prior to returning home, Pacheco did admit to going to the main house after leaving Whitman s residence to see the victim before retiring to home for the night. Pacheco claimed to have left the victim in good health. Pacheco also claimed to have left the victim's residence by the front door, not the rear. Pacheco had no explanation for failing to report seeing the victim on the evening of the fire, stating, "I guess I just forgot." 18. We were granted access to the residence known as Ralph Jr.'s House by Devin Pacheco on April 4, 2017, who confirmed being the sole occupant and who was present during our search. In the kitchen cabinet immediately to the left of the refrigerator, a rubber-banded bundle of cash was found. The officer who found the cash counted it in my presence. The amounts and denominations were recorded as an itemized list included in the investigation report. In addition, loose cash (one twenty dollar bill and one five dollar bill) was found on the coffee table in the living room of the residence. Both the bundled cash and loose cash were secured in an evidence bag and delivered to the forensics lab. Lab results revealed trace amounts of accelerant matching the other samples on two twenty dollar bills, one five dollar bill, and four one dollar bills in the bundled cash. Our on-site search also produced a pair of athletic shoes located in the bedroom closet (marked as Exhibit #7 (A and B)). Lab analysis confirmed traces of accelerant were on the soles of both shoes collected. Lab analysis later revealed those same shoes matched the two shoeprints (marked as Exhibit #7 (C and D)) lifted from the sand walking path. Two shoe casts were made from the shoeprints (marked as Exhibit #7 (E and F)). We were unable to match the remaining four shoeprints to any shoes found during our investigation. Because the unidentified shoeprints did not match any shoes examined during our investigation, the casts of the four unidentifiable shoeprints were accidentally discarded by the cleaning crew because they were not placed in the evidence room. I gave the forensic tech a written reprimand, but it really does not affect this case because the two identifiable shoeprints led us to Devin Pacheco

27 Nat Anaya Upon review of the results from the lab, we obtained a warrant for the arrest of Devin Pacheco. After being advised of Miranda warnings, Pacheco elected not to provide a further statement. On Tuesday, April 11, 2017, Devin Pacheco was arrested 20. It is true that there is no scientific method for specifically matching or identifying a particular type of accelerant from trace evidence. However, the extent of the evidence in this case excludes any other possible suspect. In my opinion, based on the shoeprints found at the scene matching Devin Pacheco's shoes; the trace evidence of accelerant at the scene of the fire, on the items found in the burn pile, and on the shoes and the cash found in Devin Pacheco's residence; the container of lighter fluid found in the side yard of the Carriage House; and, Devin's failure to initially disclose returning to the main house on the evening of the fire the evidence shows that Devin Pacheco robbed and killed Lois Mae Chavez. Devin Pacheco then intentionally set fire to Lois Mae Chavez s residence to cover up the crimes. WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Nat Anaya Nat Anaya A.G. Molli A.G. Molli, Notary Public State of New Mexico My Commission Expires: 12/15/

28 Sidney Chavez-Walden Affidavit of SIDNEY CHAVEZ-WALDEN (Victim s Sibling-In-Law) My name is Sidney Chavez-Walden. I am sixty-six years old. Lois Mae Chavez was my sister-in-law. I loved Lois Mae dearly, as did everyone who knew her. I am distraught to be involved in a murder case. It is a dark time for our family, and I want it all to go away. Not to mention the loss of that treasured historical landmark, Pacheco Hall and family heirlooms countless antiques destroyed by that fire! A tragedy. That is all I can say. Miraculously, the firefighters were able to salvage the Pacheco family Bible. Exhibit #5 is a photo of a page from that very Bible with the family tree. People just do not realize how valuable family treasures like that can be. 2. Although I married into the Pacheco-Chavez family, I was never made to feel like an outsider. I met Ashton and Lois Mae when we were little, and I spent many happy years at the Pacheco Homestead. I was a Walden, of course, part of another important family in the Lowcountry. My people are from Concord, New Mexico, just west of Radium Springs. Though who you marry is not nearly as important as it used to be Waldens, Pachecos, and Chavezs all come from the same stock, you know. That is why when Ashton and I married, we both hyphenated our names, to carry on both family's lineage, so to speak. Some people in the community did not approve of our marriage, because of the eleven-year age difference. We did not care about the age difference and had a wonderful life together until Ashton died of cancer in I am well-versed in New Mexico history and became somewhat of an Pacheco family historian, you might say. Like any old family tree with deep roots, you will have your healthy branches and your well, deadwood. Take Devin for example. There was tragedy there with the death of his poor, young mother. Who knows how Devin could have turned out if Devin had two parents and a good home like here at the Pacheco Homestead? By the time Ralph the third came crawling back to Radium Springs with Devin, it was too late. Devin was plain trouble. Who knows what Ralph the third is up to now? He left Devin at the age of sixteen and never looked back. I had the family lawyers track him down in Florida a few years back and they got him to sign a power of attorney so I could manage the property for the benefit of the family. And thank goodness I did that, especially with Lois Mae getting on in years and all. And Devin and that Jaylen (a distant cousin at best) squatting here and there. And as you can imagine, the long-lost relatives are now coming out of the woodwork since that tragic day

29 Sidney Chavez-Walden I suppose everyone knows how valuable the treasured plot of land known as the Pacheco Homestead is nowadays, especially with the area growing so rapidly. Oh, and of course, we all were upset when the market was collapsing and real estate values dropped significantly years ago. I have to admit, not all of my investments paid off. I suppose you could say I am still underwater somewhat on the mortgages on my house in Beaufort and my condo in Santa Teresa, but property values are going up, up, up! All I need is a little bump and no more worries. Some think I am capitalizing on the death of poor Lois Mae, but I am not. The truth is I had been trying to convince her to sell off some of the Pacheco property for years with the houses in such disrepair. To be totally honest with you, I am not so sure her house needed the urging of an arsonist. That house worried me to death with her living in it all by herself. And, it is such a large piece of property. Had she just listened to my advice and subdivided the property a long time ago, she could have lived out her days in such comfort. She could have stayed in the main house and had it all fixed up. And, with a few well-placed, well-appointed homes built on the property, what wonderful new neighbors she would have had. 5. I know all this of course because I am a realtor and know the real estate business. I even had a couple of my developer friends come out and look at the property. I guess I should have told Lois Mae about that in advance. She ran one young man poor Mr. Wilber off with a shotgun! I am afraid all of my efforts in the two years were for nothing. She would not budge. Just that morning the morning of her death, she and I had words about it. Oh, nothing ugly, but truth be told I was irritated. I had a $5.5 million offer from a La Posada developer, and Lois Mae would not hear a word of it. I was not going to lie when I told her I would get a 3% commission equaling $165,000.00, but that was not for nothing! I worked hard getting plans drawn up, finding investors, talking with county boards, dealing with lawyers and what not. And not to mention dealing with Lois Mae now she was a peach truly. But, when it came to that plot of land she was stubborn, plain and simple. 6. The inheritance math of the Pacheco Homestead was not as simple as each of us inheriting a portion of the property. Ashton and Lois Mae s mom, Anne Pacheco Chavez, was the favorite child. And out of the three grandchildren, Lois Mae was the favorite grandchild. Ashton and Lois Mae s grandfather, had a special place in his cold old heart for his sweet Lois Mae that is for sure. He treated my poor Ashton like a nuisance and hardly acknowledged the existence of pitiful little Ralph the third after he was carried off to Tennessee. Anyhow, in his will, Old Pacheco devised fifty percent of his estate to each of his children (Ralph Jr. and Anne Pacheco Chavez). But right before he died, he made a

30 Sidney Chavez-Walden codicil. The old coot gave his precious granddaughter Lois Mae a life estate in the Pacheco Homestead, making the condition that the property could not be sold without her consent. So, you can see, upon his passing, the property was inherited by Ralph Jr. and Anne, and then, on their passing to their children. So Ralph the third has his fifty percent; which he does not care about. And Lois Mae and I each have twenty-five percent, since I inherited Ashton's share. With Ralph the third's power of attorney, I technically control seventy-five percent of the Pacheco Homestead, but as long as Lois Mae was living she had the rights to control what happened to the property. Of course, Lois Mae really did not understand all of this, nor did she care. She had an unrealistic idea that the value in the property was owning it, not selling it. I tried to explain she could have it both ways by subdividing, but she would have none of it. It all came to a head the day she died. It is my greatest regret in life that we argued the last time I saw her. I will take that guilt to my grave. 7. I will miss our time together. Even after Ashton s passing, I continued on with joining Lois Mae for church on most Sundays. She had a hard time getting around. So, the Sundays I would come, I would stay the night with her and run her to the bank on Mondays in order to make the church deposit and any other errands she needed. On the Sundays I couldn t get to Radium Springs or stay the night, Jaylen would fill in for me on Mondays. 8. I remember we were all at church together that morning that is Jaylen, Devin, Lois Mae and me. The Church of St. Francis de Sales had a pew bench reserved for the family with a plaque on it. The plaque was a tribute to the fact that Ralph Devin Pacheco had basically donated the land where the church sits on the Pacheco Homestead. He was progressive for his time and did not find traditional southern churches too much to his liking, so he basically established his own after the Congregationalist model he experienced traveling up north when he was younger. The church was given a five hundred year lease for a whopping one dollar per year. Rev. Cambridge makes a big to-do of payment each year with a little tribute during the Sunday service. Lois Mae would always come forward and receive the dollar on behalf of the family and then make a show of putting it in the collection plate to a nice round of applause. It was such a nice gesture. And, of course, every negotiation I ever had on behalf of the family for development of the property ensured protection of the church s interests. One would think that would have softened Lois Mae to the deal, but no. 9. Anyhow, it was a nice church service that day a beautiful spring day, as I recall. The church recently kicked off a capital fund drive to build a memorial and meditation garden on the side of the property near the pond. Rev. Cambridge unveiled the

31 Sidney Chavez-Walden architectural plans that Sunday, which was well received by the congregation. I socialized a bit while Lois Mae and Drew Douglas counted the collection money. When they finished, we all said our good-byes and I walked Lois Mae back to the main house. We went inside and I tried to talk to her about the new deal I negotiated, which got her all riled up. I wanted to give her a minute to calm down, so I stepped outside and made a few phone calls. After I saw Drew spying on me, I then walked over to my car to get the groceries I brought her and went back inside with them. Drew loves to be in the middle of everyone's business around Radium Springs. Between St. Francis de Sales and the Shop-n-Save not much gets past Drew. But everyone knows Drew is prone to exaggeration, and you cannot always count on the accuracy of what Drew says. Anyway, I unloaded the groceries and fixed us a couple of sandwiches. Once Lois Mae set her mind to something, there was not much swaying her, so we ate pretty much in silence. We finished lunch and she shooed me out the door around 2:00 p.m. 10. I left out of Lois Maes and stopped in to see my sister and her family in Concord for a bit. I left when they sat down to dinner around 6:30 p.m. Even though I was not expected back Sunday night since I was closing on a house for a client Monday morning, I decided to stop back by the Pacheco Homestead. It was on my way home and only about thirty minutes from my sister's house. I was hoping to smooth it over a little with Lois Mae and as a peace offering walk her to the Carriage House to watch some of the basketball game with them. Personally, I have zero interest in sports, but I did love Lois Mae and thought only of her happiness. Unfortunately, with traffic to Lois Mae s, I did not get there until five minutes into the game. I knocked on Lois Mae s front door, but she did not answer. My thinking at the time was she had already left out of there to Jaylen's since the game had already started. So I drove my car to Jaylen s. As I opened my car door to get out, I could hear some carrying on inside of Jaylen s. The TV was up loud and there was all kinds of hooting at the ballgame. Since it was loud and I do not like sports, anyway, I went ahead and headed on home. I am lucky to have made it home I guess. Seeing as how Drew Douglas about ran me into a ditch flying down the road from the church probably on the phone gossiping about someone or something or who knows what! 11. I arrived at my house in Beaufort around 7:40 p.m. or so and do not really remember doing much of anything the rest of that evening other than watching a couple of real estate shows on HGTV and then going to bed. I think probably House Hunters and maybe something else. I remember a young couple looking for a house in the Mediterranean or maybe the Caribbean. I cannot be sure. I just remember getting a call

32 Sidney Chavez-Walden waking me up in the middle of the night. It was Jaylen telling me to get back to Radium Springs right away because there was a fire at the main house. 12. I raced back to the Pacheco Homestead as fast as I could. I remember seeing a lot of flashing lights and fireman at the main house. Before I could talk to anyone in the family, I was pulled aside by Chief Anaya to answer some questions. Some questions came up about the property, and I offered up a sketch of the property that I had been using in my proposals with developers. Chief Anaya seemed very appreciative of the property sketch (marked as Exhibit #1). 13. On Tuesday, April 4, 2017, Chief Anaya indicated that Lois Mae was likely killed and the fire was intentionally set. Chief Anaya then asked if the officers could search both of my homes and the Cadillac. I was more than willing to do anything to help with the investigation and find Lois Mae s killer. 14. It makes sense now why Lois Mae did not answer the door when I came to get her for the game because she was already dead. I did not smell or see any smoke nothing. Oh, I wish I had! Maybe I could have saved her. The lawyers tell me since I am Lois Mae s closest living relative, I stand to inherit Lois Mae s 25% of the Pacheco Homestead bringing my share to 50%. But, I would refuse it all if it meant getting back our precious Lois Mae and our glorious Pacheco Hall with all of its family treasures. WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Sidney Chavez-Walden Sidney Chavez-Walden C.H. Gallant C.H. Gallant, Notary Public State of New Mexico My Commission Expires: 12/5/

33 Devin Pacheco Affidavit of DEVIN PACHECO (Defendant) My name is Devin Pacheco. I am 28 years old. I live at 1502 Wordsworth Road in Radium Springs, New Mexico. I am not married, and I have no children. The Pachecos are one of the oldest families in Hidalgo County. My father was Ralph D. Pacheco the third, grandson of Ralph Devin Pacheco, who built the main house or what is known as Pacheco Hall. 2. When my grandfather, Ralph Jr., first got married, they lived with his parents in the main house. His sister Anne lived there, too, with her husband Amos Chavez and their two twins, Lois Mae and Ashton. My grandfather, Ralph Jr., converted the Carriage House to an actual house. He did all the work himself by hand so he could raise his family there. Then he went off to fight in World War II. While my grandfather was overseas in the war, my great grandfather, Ralph Devin Pacheco moved my grandmother and my dad back into the main house and put Anne and her family into the Carriage House instead. The story goes that my great grandfather then made a big show of building a new house on the property for whenever my grandfather came back from the war, but my grandmother was put out, thinking it was nothing more than a shack compared to the Carriage House. Before my grandfather s house, known as Ralph, Jr.'s house, was finished, my grandfather died in the war. Shortly after, my grandmother left the Pacheco Homestead and took my dad to live with her family in Tennessee. The family gossip is that my grandmother did not get along with her in-laws and was happy to leave the Pacheco Homestead entirely. Everybody still calls the house built for my grandfather Ralph Jr.'s house, even though my grandparents never spent a night there. It is hard to keep track of three generations of Ralph Pachecos. Fortunately, the family tree was kept in the family Bible at Aunt Mae s, which was recovered from the fire. Exhibit #5 is a photo of a page from that very Bible with our family tree. 3. I was born in Tennessee, but my mom died when I was a little kid. My dad, Ralph the third, was never quite right after that. He brought me back to Radium Springs and moved us into Ralph Jr.'s house and tried to raise me, getting work wherever he could. I guess I did not make life easy for him. I was not a good student, and I ran around with people he did not like. When I was about fifteen or sixteen, he gave up and left. He has moved around a lot since then and I really do not know where he is now. 4. Aunt Mae let me stay with her in Pacheco Hall for a while after my dad left. She took care of me as best she could, making sure I went to school and graduated high school. She even paid for me to take some classes at Hidalgo Tech, but I was not really into

34 Devin Pacheco school. After that, I traveled around a little bit and moved back here about eight years ago. Aunt Mae did not invite me back to stay in the main house that time. I am not sure why. We were not close after I came back, but I still adored her like a grandmother. I needed a place to stay and did not have a job. Nobody was living in Ralph Jr.'s house, so I moved in there. I guess it should be mine anyway, although I do not really know who actually owns what. You would have to ask Sidney about those details. Living rent free is a pretty good deal for me right now. I worked for the Shop-n-Save for a while, but my boss was a real jerk. He was always riding my case and finally I just had to leave. I did get myself in a hole, owing some people money here and there, but no big deal. 5. Sidney married Ashton Chavez, Aunt Mae's twin, who died awhile back. Sidney and Ashton never had children. Sidney's relatives live here and there, but Sidney is more part of the Pacheco family I guess. Sidney has taken care of pretty much all of the family business. Sidney has a house in Beaufort and a condo in Santa Teresa. Sidney is a realtor and always seems to have some kind of deal going. 6. I remember April 2, It was a Sunday. I got dressed and walked to the main house to get Aunt Mae. I meet her and Sidney and Jaylen's family every Sunday at Aunt Mae s and we walk to the Church of St. Francis de Sales together, which is on the Pacheco Homestead. Anyway, the Sunday of the fire was normal. We had nice spring weather. Jaylen was going to cook out that day. Jaylen Whitman is my cousin somehow that works out, and I am not really sure how. Jaylen is from Aunt Mae's father's relatives. Jaylen's parents have both passed, and now Jaylen's family lives in the Carriage House. I guess Aunt Mae worked all of it out with them while I was gone. Anyway, Jaylen and I left church at about 12:30 p.m. and Sidney stayed behind to wait on Aunt Mae. Sidney was going to leave that afternoon and was not expected back. Aunt Mae always counted the church collection with Drew Douglas on Sundays. When Jaylen and I left from church that day, we made plans to meet back up and go to the store to get some stuff to cook out before the 7 p.m. game. My family has always been big NMSU fans all sports. The Lady Aggies made it to the final four in basketball, so we were going to watch the game at Jaylen's later that evening even Aunt Mae. 7. So, I went to my house, got changed and whatnot. About an hour later, I went with Jaylen to the store and picked up some drinks and food for cooking out. When Jaylen and I got back from the store, the SUV was making a strange noise. When Jaylen turned off the SUV in the driveway, it made some kind of a lurch and a clunk. When we got out to look and see what was wrong, there was oil all over the driveway. Jaylen pulled the SUV off to

35 Devin Pacheco the grass and put some cardboard under it. I pulled out the container of lighter fluid like the one marked as Exhibit #2 from the backseat of the SUV and poured it on the oil spill. Lighter fluid got everywhere, even on my shoes. 8. Later on, Jaylen cooked up some burgers. We ate and hung out for a while. I took that opportunity to ask Jaylen to help me out, which was a waste of time. Jaylen gave me twenty-five dollars, like that was some big deal. Jaylen and Miller like to poor-mouth, but they both have great jobs and live in the Carriage House for practically nothing. Miller is just cheap. I surely never would have asked Aunt Mae for money. I do not know where anyone got that idea. Aunt Mae did not get out much and did not really understand what things cost these days. I remember wanting to go to the movies as a kid and asking her for money and she would hand me a dollar bill. I mean a dollar for a movie. Really? She meant well, but she was from a different time. Even if I told her I was in trouble and needed money, she would probably hand me a ten thinking it was enough! Anyways, it was nothing I could not handle, given some time. 9. A few people dropped in and out for the cookout at Jaylen s, cousins and whatnot. By about 6:45 p.m. everyone had left but Jaylen and me. Like I said, I had planned on watching NMSU play Notre Dame at the Carriage House, but I changed my mind and I was tired. See, Miller and the baby were out of town staying with family in Maryland. And, Jaylen had to stay back because of work. Jaylen and Miller decided they were going to video chat during the game oh what fun. So, I went to the main house to get Aunt Mae and take her back to the Carriage House to watch the game with Jaylen. Aunt Mae seemed upset when I got there. When I asked her what was wrong, she said, "Oh, nothing. Don t worry about it." I tried to get her to at least go to Jaylen's to eat since she did not eat burgers with us earlier. But, she said she was not hungry and that Sidney had fixed her some lunch earlier. She said she was tired and wanted to go on to bed early. I offered to stay and watch the game with her if she did not feel like going down to the Carriage House, but she said she might not watch anyway. That was weird. Aunt Mae loved her Aggies and had been following the tournament and even mentioned how much she was looking forward to the game on the way to church that very morning. I asked if there was anything else she needed and she said no. I gave her a hug and a kiss, left her there, and headed back to my house. I do not remember leaving out the back door, but I might have. 10. I got back to my house right around the time the game came on about 7:00 p.m. or so. As I was entering my house, Jaylen yelled out asking about Aunt Mae. I responded that Aunt Mae was not coming and to go on and watch the game without us. I

36 Devin Pacheco watched the game by myself. The Lady Aggies trailed the whole game and lost in a heartbreaker. They pulled ahead in the final seconds, but could not hold the lead. I could hear Jaylen hollering all the way from the Carriage House during the game. I started to watch the Maryland game, but my heart was not in it. Not to mention, I was stuffed from dinner and tired. I must have fallen asleep around 8:45 p.m. The next thing I remember is waking up to the sound of sirens. It was like the whole world was crashing down. I jumped up and ran outside. There were emergency vehicles and so much chaos that it took me a few minutes to get oriented. When I realized the main house was on fire, I quickly ran over there. An officer saw me getting close to the house and grabbed me, holding me back. I told them Aunt Mae was in there and they had to get her out. The fire department finally got the fire out. The house was ruined and it was devastating to see. It was even worse when they carried Aunt Mae's body out. I could not believe it. I was in such shock. I do not even know what I told Chief Anaya the night of the fire. 11. On the Tuesday after the fire, Chief Anaya and some officers came back and said they suspected that someone killed Aunt Mae and set her house on fire to cover it up. Of course, I agreed to cooperate with the investigation in any way I could. I answered all of the Chief s questions as best I could remember. I thought nothing of it when Chief Anaya asked if my house could be searched. I did not have anything to hide. They took the athletic shoes I was wearing at the cookout that Sunday (marked as Exhibit #7 (A and B)). And, they took the money that Jaylen gave me. Then, they showed me a wad of money they said they found in the kitchen cabinet, but I had never seen that before. 12. It never occurred to me that I could be arrested for something so horrible. Did I owe some people some money? Yeah. Was I worried about coming up with the money? Yeah. Would I kill my own family for it? No. No way. I did not kill my Aunt Mae. She was fine when I left her. I did not take her purse or the church money. I never went to the burn pile that night. I left out of her house and took the path straight to my house. I do not know who did it, but it was not me

37 Devin Pacheco WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Devin Pacheco Devin Pacheco Anthony Roberts Anthony Roberts, Notary Public State of New Mexico My Commission Expires: 10/24/

38 Jaylen Whitman Affidavit of JAYLEN WHITMAN (Defendant s Cousin) My name is Jaylen Whitman. I am thirty-two years old. I live at 101 Longfellow Circle in Radium Springs, New Mexico. I live with my spouse, Miller, and our adopted son, Chaucer, who is four years old. Miller is from Baltimore, and I went to the University of Maryland. That is how we met. I am a lab technician at Radium Springs Community Hospital. I work nights Tuesday through Saturday. Miller works days as the scheduler for La Posada, so we share the child-rearing responsibilities. We can also share a vehicle with our schedules, which is good. We have had some tight times. Miller was out of work for a while when the economy went bad. Plus, we both owe student loans and have some bills related to the adoption. We are not rich, but we are happy with what we have. We are certainly grateful to Aunt Mae for letting us live in the Carriage House. 2. Aunt Mae is not really my aunt. Her father, Amos Chavez, was cousins with my mother Ruth. But everybody just called her Aunt Mae, family or not. I brought Miller to a family reunion at the Pacheco Homestead right after we first got married. We found out then that the Carriage House was vacant, so we made arrangements with Aunt Mae to rent it from her. We practically had to twist her arm to take any money at all, but finally got her to agree to take $ a month. To be honest with you, I think she turned that money right back around and put it in the church collection at St. Francis de Sales. 3. Well, anyway, church was still a real big deal for Aunt Mae even though she was starting to have some trouble getting around. She was devoted to the Church of St. Francis de Sales. She planted flowers there and made sure something was blooming pretty much year-round. She was big into the ladies' group at church, even as she got older and it was more difficult for her to get around. A pot luck, a fall carnival, whatever was going on, she was like a queen with her court. She served as the church treasurer for as long as anyone could remember. Miller sometimes expressed concern about her taking the church money home to deposit the next day, but I was not worried. We live way out in the country, and folks out here are trustworthy. Even if someone was intent on getting to Aunt Mae and her little church deposit, there is no way they could get to the main house known as Pacheco Hall without us knowing. The Carriage House sits at the fork in between the driveway to the church and the main house. A car cannot get onto the property without us hearing it or shining lights into our windows. Sunday is really the only day there is any real traffic coming through the Pacheco Homestead on account of church. The rest of the week it is just Rev. Cambridge and Drew Douglas driving in and out on church business and

39 Jaylen Whitman when Sidney stopped in to check on Aunt Mae. Sidney would come to church most Sundays. If Sidney stayed over on a Sunday night, s/he would get up the next morning to run Aunt Mae on her errands and take her to make the church deposit. I would fill in for Sidney and run Aunt Mae around on Mondays when Sidney couldn t do it. I can always tell Sidney's coming around because of the sound that old Cadillac makes. That old thing has got some kind of squeak you can hear from the time it turns off of Wordsworth Road onto Longfellow Circle. 4. I remember the day of the fire quite vividly. I walked over to the main house. Sidney was already there, and Aunt Mae was ready for church. We all walked over to church together, even Devin. Devin tends to stay out late with friends and Saturday night festivities often interfere with Sunday morning activities. But, Aunt Mae was tickled to see Devin at the main house that morning because it had been some time since Devin had gone to church with us. Aunt Mae confided in me that she was concerned about Devin's situation. Aunt Mae said Devin had been asking her for money, and it was more than she could afford. She said Devin seemed put out with her that she could not help out. As long as I have known Devin, Aunt Mae was helping Devin. Devin has never been how do I say this focused? ambitious? Devin has a great personality lots of fun fun-loving. Devin is becoming more and more like his/her father and lacks responsibility. After all, Devin s father was no parent that is for sure. Aunt Mae practically raised Devin and Devin adored her. I would not say Aunt Mae was upset with Devin lately. She was worried more than anything. Devin hangs out with some shady characters. There are lots of comings and goings at all hours of the day and night at Ralph Jr.'s house. Aunt Mae's worry could have been well-founded. I try not to mess too much in other people's business. 5. The church service ended at 12:30 pm. Sidney stayed back to wait on Aunt Mae, and Devin and I proceeded to head to our homes. I said goodbye to Sidney before leaving. I confirmed with Sidney that I would drive Aunt Mae on Monday morning since Sidney was leaving that afternoon. Around 1:30 p.m., Devin and I drove to the store to get some stuff for cooking out. I remember Devin picking up this huge container of lighter fluid. I laughed and said, "We were only cooking some burgers, not having a bonfire." It is a good thing Devin got the large size, though. We ended up using about half of it on the driveway when the SUV leaked oil everywhere. I guess we were thinking it would work like turpentine or mineral spirits or something. Instead, it ended up being a bigger mess. 6. The plan was for me, Aunt Mae, and Devin to watch the final four games together at the Carriage House. The chance of NMSU and Maryland playing each other for

40 Jaylen Whitman the championship was a big deal. My New Mexico family members are Aggie fans, of course, but Miller and I are Maryland, through and through. It was such a nice day, unseasonably warm for early April. Miller and Chaucer flew out of town to visit family in Maryland. I could not get off work, but it was my mother-in-law s sixtieth birthday, so they went without me. Devin and I just hung out in the side yard, eating some of my famous burgers. A few people came and grabbed some food and sat for a while. After everyone left, Devin asked me for some money. I was surprised. Devin never asked me for money before. I was happy to help, but I am very careful about keeping a budget, and we simply did not have any money to spare that month. Especially, since we had the extra expenses with Miller visiting in Maryland. I had twenty-five dollars left in my wallet, so I gave it to Devin and promised I could pitch in more after I got paid on May first. Devin shrugged it off. Devin said not to bother and that it would all work out and left to go get Aunt Mae. 7. Devin headed to the main house to see if Aunt Mae wanted to come down for the game as planned. After Devin left, I doused the coals and walked over to dump them on the burn pile (marked as Exhibit #6, Photo #1). As I was headed into the Carriage House, I saw Devin walking into Ralph Jr's house. I yelled over and asked if they were coming over for the game. Devin responded, "No. Aunt Mae is too tired. I am just going to watch from here." I asked if I should take a plate to Aunt Mae, but Devin said I should not disturb her and that she had already eaten. I did not see or hear anyone after that until the fire. 8. Miller and I video chatted while we watched both semifinal games. We always record our video chat sessions because Miller is making a video scrapbook for Chaucer. We record just about everything. I do not really want to go back and watch that particular recording, though. I get a little excited during March Madness and that was not a good night. I was sorry the Lady Aggies lost. I would have loved to have seen NMSU versus Maryland in the finals. The Maryland-UConn game was an even bigger disappointment though. Not long into the first half, we pretty much knew we were cooked. The game turned out to be a blow out, but we watched the whole game any way. 9. I said good night to Miller, logged off the video chat session, shut down the laptop, and headed to bed. I was brushing my teeth when I noticed a strange orange glow coming through my bathroom window. I looked through the blinds and saw flames coming from the main house s windows. I guess that is when the adrenaline kicked in. I grabbed my cell phone and dialed 911 as I ran to the main house. The defense attorneys showed me the 911 detail report (marked as Exhibit #9) and it accurately depicts the conversation I had on the night of April 2, I remember thinking I needed to get inside and get Aunt Mae,

41 Jaylen Whitman but there was no way. I ran onto the porch, but the smoke and heat were too much to even get to the door. I ran back and around the left side of the house, hoping I could get in through the back door, but it was worse back there. I was crying out for Aunt Mae at the top of my lungs so much I was gulping in smoke and soot. I kept looking for a way into the house with the flames and felt utterly hopeless. Then it hit me. I had stopped on the far side of the house, doubled over trying to catch my breath, when something caught my eye behind me. The burn pile was on fire. I remember thinking, "It's my fault. I started the fire when I dumped the coals. I killed Aunt Mae." That is when I must have passed out, because I woke up in the ambulance getting oxygen. When I came to, I called Sidney about the fire. EMS released me once my oxygen levels were good. As it turned out, the fire was too involved for the firefighters to get to Aunt Mae and we lost her that night. After Aunt Mae was taken away and the fire was out, Chief Anaya asked me some questions. 10. On Tuesday, April 4, 2017, Chief Anaya and some officers came out to the Pacheco Homestead. Chief indicated that they suspected Aunt Mae had been killed and her house was most likely set on fire to cover it up. I was shocked. Chief Anaya and the officers were out there to do further investigation. I was willing to do whatever I could do to help. I was with the Chief when the officers searched my house and yard. They even checked all of our athletic shoes. I was surprised when they found the container of lighter fluid (marked as Exhibit #2) by the Carriage House in the side yard. I never would have left it there out of concern for my child s safety. I distinctly remember putting it up on a shelf in the carport when I was cleaning up after the cookout. Chief Anaya asked me some more questions about that Sunday. I provided Chief a copy of the recorded video chat session with Miller I had that Sunday night by downloading it from my laptop. 11. I understand now that I was just overcome by the fire and the fire was not my fault. I cannot imagine anyone in our family being responsible for Aunt Mae s death especially Devin, who adored her like a grandmother. It does not add up. I cannot explain it. After the cookout, no other cars came on to the property. I do not know why anyone would want to hurt Aunt Mae. Whoever killed her did not have to kill her for the money. She would have given it to them. Everyone loved Aunt Mae. Our son asks about her now all the time. It is hard to explain to him that she is no longer here. It is all very sad. [Witness Addendum on Next Page]

42 Jaylen Whitman WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Jaylen Whitman Jaylen Whitman William Smith William Smith, Notary Public State of New Mexico My Commission Expires: 12/08/

43 Kendall Brito Affidavit of KENDALL BRITO (Insurance Investigator) My name is Kendall Brito. I am 60 years old. I am semi-retired and occasionally work on a contract basis as an insurance investigator for insurance companies. I had a 24-year law enforcement career beginning in 1981 and retiring in During my career, I served as a firefighter, a Fire Service Principles and Practices Instructor, a Fire/Arson Investigator, and the Chief Investigator all for the City of Atlanta Police and Fire Department. During my tenure with the Atlanta Police and Fire Department, I started out as a firefighter and was promoted to the Assistant Training Officer within five years. I was certified as an instructor in Fire Service Principles and Practices in I instructed programs in all aspects of fire and arson investigation for both the Georgia Fire Academy and the National Fire Academy and numerous local, state, and federal agencies, including the U. S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Academy. I was appointed to the Department's Fire/Arson Investigator position in 1993, which required extensive forensic knowledge. From there, I was promoted to the position of Chief Investigator in As Chief Investigator, I managed all criminal investigations concerning fires, explosives, and forensics within the jurisdiction of the City of Atlanta. 2. I have successfully completed over 4,800 hours of specialized training in fire cause determination, fire/arson investigation, explosives, shoeprint and fingerprint analysis, forensic analysis, criminal justice, and numerous other fire service and law enforcement courses. I have completed courses of study at several institutions of higher education including the University of Georgia and the Medical College of Georgia. I have physically investigated over 5,000 fire scenes. I have participated in over 350 live fire test burns, exercises, and fire related research projects assisting agencies, including the ATF. I have been qualified as an expert in fire cause determination, arson investigation, and forensic analysis in both state and federal courts. I am a member of numerous professional organizations in addition to International Association of Arson Investigators (IAAI), including: the National Fire Protection Association (NFPA), the International Association of Fire Chiefs (IAFC), the Georgia Insurance Fraud Investigators Association, the International Academy of Forensic Sciences (IAFS), and the GA State Firefighter's Association. 3. I was dedicated to my job with the City of Atlanta. It is true that I was fired, but it was based on false allegations. I was accused of stealing public funds by creating false expense reimbursement sheets. It was all a lie. In fact, they had to find a way to get rid of me because I was raising serious concerns about the quality of some of the

44 Kendall Brito investigations at the department. Over time I started to see investigators lapsing into sloppier and sloppier practices, even pushing the lines of ethics to get convictions. This was especially true with the younger, newer investigators and police officers, coming in with less training and experience, while older, more seasoned employees were incentivized to leave with early retirement deals to save the department money. I would not take the deal, so the higher-ups had it in for me. Then when I started to complain about the lack of quality in some of the arson investigations that threated our arrest and conviction rates and even called into question the validity of some of the guilty verdicts, the higher-ups trumped up charges and forced me out. I was humiliated in the press and lost my pension. Now I dedicate my work to exposing sloppy investigations and protecting innocent people like Devin Pacheco from wrongful convictions. 4. I was retained by the Allsfair Insurance Company that insured the entire Pacheco Homestead, to include all of the residences and church. I was hired to review the evidence gathered in the investigation on the death of Lois Mae Chavez and provide my expert opinion. I have reviewed all of the exhibits in rendering my opinions and in preparation for the trial of this case. Based on my review of the exhibits, I render the following opinions, to a reasonable degree of scientific certainty: (1) The fire was intentionally set; (2) The trace evidence of a petroleum based liquid consistent with an accelerant collected was inconclusive; (3) The time that the fire was started is indeterminate; and, (4) The investigation of the fire and the death of the victim was inadequate. Therefore, it is my expert opinion that there is no reasonable means to determine who set the fire. My fee for this investigation and report totaled $7, It was paid by the insurance company. I am not charging a fee to testify at the trial. 5. I agree with the assessment of Chief Nat Anaya that the cause of the fire was an item soaked in accelerant ignited by the stove in the kitchen of the residence. The fire spread with the assistance of an accelerant distributed throughout the kitchen. Although I have no doubt that the fire was intentionally set, I cannot conclude that it was set by the defendant or any other particular individual. The trace evidence of accelerant collected from the lighter fluid container, the defendant's athletic shoes; the bills; the countertops, walls, ceiling joists, and flooring in the kitchen; and, the items found in the exterior 'burn pile' is insufficient to link the arson to a particular individual. In fact, it is impossible to conclude that the accelerant samples all came from the same source. 6. Often, fire investigators need to identify similarities between samples of known flammable and combustible liquids collected at the scene (such as those found in

45 Kendall Brito containers or obtained from other sources near the fire scene) and flammable and combustible liquid residues found in fire debris. Flammable and combustible liquid residues in debris samples may come from sources inherent to the scene, or may be brought to the scene from another source. While trace evidence from the countertops, walls, ceiling joists, and flooring in the kitchen tested positive for the presence of a petroleum based liquid, there is no reliable scientific method for determining that the liquid sample from the lighter fluid container was the same product as contained in the debris samples from the kitchen. Further, no other liquid samples were collected or tested for comparison. We do not know if any other liquid accelerants that might be the source were present in the house or elsewhere on the property. Chief Anaya did not find any evidence of an accelerant source on the night of the fire. However on April 4, 2017, Chief Anaya found the lighter fluid container, concluded it was the fire source, and looked no further. 7. Comparisons are often requested by fire investigators when statements, evidence, or circumstances indicate that an accelerant may have come from a specific source, like a suspect's automobile or a nearby gas station, or in this case, the lighter fluid container. Forensic science analysts can occasionally discriminate between samples of similar materials as having clearly different sources. However, if no differences are found, the strongest statement which can be made is that the samples might have had a common source. This is due largely to the near impossibility of accounting for every possible source. The best samples for such comparisons are liquid-to-liquid samples. It is much more difficult to determine a common source using liquid samples and debris samples, such as we have in this case. Most flammable and combustible liquids used to accelerate the spread of a fire are products refined from crude oil. Crude oil and its refined products, such as gasoline, kerosene, and diesel fuel, are complex mixtures of thousands of different organic compounds. 8. Further, the trace evidence collected from the defendant s athletic shoes, the cash found in the defendant's living room, and the victim s purse and its contents found in the burn pile cannot be definitively traced back to the accelerant found in the debris samples. The only common factor between all samples is the presence of a petroleum based liquid consistent with an accelerant. Even assuming that the accelerant is the same as that found in the lighter fluid container, it can be traced back to the defendant's and Jaylen Whitman's activities at Whitman's residence earlier in the afternoon of April 2, Again, while all of the samples might have a common source, the evidence cannot establish that with any degree of certainty

46 Kendall Brito I am also concerned about the adequacy of the investigation process itself. To start, a day passed between the fire and the start of the homicide investigation. The Chief also concluded that the defendant committed the crime based on two key pieces of information: One, the defendant's shoes match shoeprints found on the sand walking path between the residence of the victim and the residence of the defendant. Second, traces of accelerant were found on the defendant's shoes and the money found inside the defendant s residence. 10. Shoeprints are different than fingerprints. Fingerprints are unique to everyone and present specific loops, whorls, and archs that can be identified to a specific person. Shoeprints are not unique and there is no way to determine whose actual foot was in the shoe at the time the shoeprint was made. While the evidence collected suggests that the defendant was on Pacheco Homestead, this comes as no surprise, since the defendant lives on the Pacheco Homestead. Therefore, the defendant would have reasonably relied upon the sand walking paths to travel to and from the different buildings located throughout the Pacheco Homestead. Additionally, the defendant s shoeprints only account for two of the six found. The four unidentified shoeprints could belong to the person who committed the crime. Unfortunately, we will never know because the officers failed to sample the shoes of other potential suspects on the night of the incident, specifically Jaylen Whitman and Sidney Chavez-Walden. The officer waited until two days later. This critical delay allowed plenty of time for the criminal to dispose of his/her shoes. Moreover had shoes been recovered, the police have nothing to compare them to due to the casts of the four unidentified shoeprints inexplicably disappearing. 11. Additionally, I believe that there is no value in the evidence that the currency collected during the investigation had traces of accelerant. The investigation report shows that the cash collected from the kitchen cabinet in the defendant's residence was placed in the same evidence collection bag as the cash found on the coffee table. The fact that traces of accelerant were found on cash from both sources is not at all surprising given the fact that this evidence was likely cross-contaminated in the collection process. The loose cash collected was most likely given to the defendant by Jaylen Whitman after the two used lighter fluid to clean an oil spill. Accelerant by its very nature is combustible because of its evaporation point. Once an item carrying an accelerant is placed in a closed container, such as an evidence bag, the evaporating gas collects in that container. As a result, all items in that container may then show traces of accelerant. We do not know which of the bills actually had traces of accelerant on them prior to being placed in the evidence bag

47 Kendall Brito because the bills were not tested until after being held in the bag for some period of time. It may be that the bills from the coffee table contained traces of accelerant following the defendant and Whitman's handling of lighter fluid while at the Carriage House. Or, it may be that the bills from the victim's purse contained traces of accelerant. Unfortunately, there is no way to know, given the mishandling of this evidence. 12. Therefore, it is my expert opinion that the fire was intentionally set, the samples of accelerant were inconclusive to point to any specific individual, the time the fire started was indeterminate, and the investigation conducted by Chief Anaya was completely inadequate. WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Kendall Brito Kendall Brito Michala Watson Michala Watson, Notary Public State of New Mexico My Commission Expires: 4/3/

48 EXHIBITS

49 EXHIBITS LISTING (AVAILABLE TO BOTH PARTIES) The parties have stipulated to the authenticity of the trial exhibits listed below. The Court will, therefore, not entertain objections to authenticity of these trial exhibits. The parties have reserved any objections to the admissibility of any of these exhibits until the trial of the abovecaptioned matter. The trial exhibits may be introduced by either the Prosecution or the Defendant, subject to the Rules of Evidence and the stipulations of the parties contained in the materials. # EXHIBIT DESCRIPTION 1 Property Sketch of Pacheco Homestead 2 Lighter Fluid Container Photo 3 TV Guide Listing for April 2, Church of St. Francis Weekly Collections for April 2, Pacheco Bible Family Tree Photo 6 Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet 7 Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts 8 Investigation Report Detail Report for April 2, 2017 The parties reserve the right to dispute any other legal or factual conclusions based on these items and to make objections to these items based on other evidentiary issues

50 Exhibit #1: Property Sketch of Pacheco Homestead

51 Exhibit #2: Lighter Fluid Container Photo FLAMESFORD Charcoal Lighter Odorless & Quick Starting 64 FL.OZ. DANGER: Harmful or fatal if swallowed, combustible. Keep out of reach of children. Petroleum based. Read precautions on side panel. 2QT (64 FL OZ) 1892mL

52 Exhibit #3: TV Guide Listing for April 2,

53 Exhibit #4: Church of St. Francis Weekly Collections for April 2, 2017 Church of St. Francis de Sales Weekly Collections Week of Sunday, April 2, 2017 Check s: Cash: E. Dickinson (#3767) $25.00 L.M. Chavez (#9809) $ M. Fuller (#302) $35.00 J. Whitman (#4466) $25.00 R. Sullivan (#222) $45.00 W. Moore (#367) $50.00 Total Checks: $ Fifties (2): $ Twenties (46): $ Tens (36): $ Fives (39): $ Ones (62): $62.00 Total Cash: $1, Total Collections: $1, Counter #1: Counter #2: dd LMC 102 Longfellow Circle phone (843) Radium Springs, New Mexico Fax (843)

54 Exhibit #5: Pacheco Bible Family Tree Photo

55 Exhibit #6: Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet

56 Exhibit #6: Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet

57 Exhibit #7: Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts

58 Exhibit #7: Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts

59 Exhibit #7: Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts