Incident number: 816-05155 Search warranl number THE STATE OF TEXAS IN THE 377TE DISTRICT C0 COUNTY OF VICTORIA CITY OF VICTORIA, TEXAS AFFIDAVIT FOR SEARCH WARRANT THE UNDERSIGNED AFFIANT, BEING A PEACE OFFICER UNDER THE LAWS OF TEXAS AND BEDIG DULY SWORN, 0N OATH. MAKE THE FOLLOWING AND ACCU I) There is in Cleveland, Liberly County, TX, 51 motor vehicle described as: located at the residence oi leveland lberty County Texas. 2) Sail! suspected place and premises are in charge of controlled by each of the [allowing persons: Cleveland, Liberty County, Texas. Said residence is described as a light colored single wide mobile home surrounded by a security fence. The residenze of said location is not subject to this Search warrant. Said 2012 Ford Mustang-- is displaying Texas license plate -- that is registered to the ahov_ which has been parked at or near the residence behind the security fence. It is believed dial - is the lawful owner oi the said vehiele. 3) It is the beliefof the Affinni: -- 12/19/1966, is a suspect in a hit and run traffic accident causing the death ancvin James Cam, 11 year old male, who was walking to schoaialong State Hwy 185, Bloomington, Victoria County, TX on the morning of September 27, 2016. The said --is suspected of Accident Involvin Personal In'u or Death See. It is also alleged that the said was operating his vehicle on the above one. 4) There is at said suspected place and premises and in said motor vehicle the following item(s) which is evidenee that shows the is responsible for shove stated oHenre of Accident Involving Personal Injury or Death Set PROOF OF of occupancy ownership of the location and vehicle described above to include not limited lo keys, registration or bill oi sale, leans/rental agreement or utility bills. ELECTRONIC DEVICES- any and all electronic systems in the above described vehicle, including but not limited to the vehicle?s infotainment and/or telematics devices, that collect, maintain, and/or store electronic data that include, among other data, historical location information of where the vehicle traveled and communication content and associated call detail information and history transferred by communication devices such as mobile phones connected to the electronic systems, ie ?Bluetooth?. Each vehicle contains a sensing and diagnostic module (SDM), also known as a ?black box? which may contain electronically stored data. This event data recorder records up to 15 data inputs. They include, but is not limited to, data pertaining to engine rpm, steering, pre-impact speed of the vehicle, the length and severity of the crash, the braking during the crash, airbag system deployment time and status, Delta readings, seatbelt circuit status and ignition cycles. The data on the devices are intentionally difficult to access. Doing so generally requires specialized equipment that a typical car owner won?t have. SCENE forensic processing of the scene(s) and its contents to include but not limited to, photographs, scene mapping, measurements, vehicle part and/or carpet cut?outs. Mechanical devices may be removed that could render such device inoperable. Any other fruits, instrumentalities and evidence of the crime(s) of Accident involving Serious Bodily Inl'ugy/Death HSC. 550.0215cul) I believe that based on my experience, training, and investigation that the facts establishing probable cause for the issuance of this search warrant for the foregoing described property, person(s), or the forgoing location are as follows: My name is Greg Kouba and I am commissioned as a Peace Of?cer by the Victoria County Sheriff?s Of?ce, Victoria, Texas. I have over 33 years of experience as a law enforcement of?cer. I have been assigned to conduct investigations for the last 30 years. I have drafted numerous search warrants that have lead to the recovery of narcotics, stolen property, computer evidence, and evidence of criminal offenses. On Tilesday September 27, 2016 at 7:11 am, the Victoria County Sheriff?s Of?ce dispatch received a call of a young child that was possibly struck by a vehicle on State Hwy 185 in Bloomington, Victoria County, TX. Upon arrival of deputy sheriffs, they observed an unconscious young Hispanic male in the highway with signi?cant injuries to his head. The vehicle that struck the child was not located at the scene. The 11 year old child was identi?ed as Kevin James Garza of - Bloomington. Garza died as a result of blunt force trauma related to the accident on 9/27/2016 in San Antonio, TX. As of 9/27/2016, no suspect had been identi?ed. 0n [his Affianl spoke with an inmate In Ille Victoria County Jail who wished to give inlormatien on this accident Amant met with Inmate- _who stated that he was advised hy his hrother-- that his cousin had run over a little boy in Bloomington. On 6/18/2018 Aifiant was advised by the vcso jail stair that Inmate- ished met with -- ll my office in cm and intervi-uvwedi Inmate stated that his call in -- was tlle person responsihle for hitting the little boy in Bloomington, He stated that his brother,_ could provide iurihcr iniormation. - advised that his brother was currently incarcerated in the Brazos County Jail. On 6/27/2018, Amant and lnv. Roman Gnodwine interviewed Inmate at the Brazos Coun la in Bryan, Inmate- stated that cousin, told him that he hit the little boy in Bloomington, TX. - said that was driviu a hlac a the time which belonged to his girlfriend motile He stated that the Mustang had passenger side damage which occurred helore this accident occurred and that it had hlaclt wheels. He stated that they do not have the vehicle anymore He said tha told him that he was up all night and thal he was Still under Ille influence ill the lime of the accident. He said that --luld him that he didn't know what he had hit until he saw it on the news later that evening. From vcso dispatch records, Aflialli found call records from 2/12/2016 and 7/9/2016 involving a black 2012 Ford Mustang registered til--"s mother and The vehicle is identified by the VIN in the call records. Since it was reported that the vehicle was sold or traded in, a registration check on the VIN number returned to the current henwn Cleveland, rx. Affirm! hone and 5 aim to him Ihrough his step so ate at purchased the car from Elite Auto Traders In Houston, TX and he was still the owner of the 2012 ford Mustang - texted photos of the vehicle to this Afl'nnl Confirming such The TX DPS crash report states that Kevin James Garza was believed to be walking south on State Highway 185 when the accident occurred with the vehicle traveling north. :1 Invt Goodwine inspected the 2012 Ford Mustang 2 Dl at the--residence in Cleveland, All prior damage had been repaired. Affinnt did find that three or the plastie clips inside the housing cover on the passenger side view mirror were broken, thus preventing a snug m. This appears to have been caused as result of some blunt iorce striking the mirror housing. A photo round on the Faeebook profile page oi-- depiets a photo of him standing next to a blaek Ford Mustan believed to be the same vehicle (2012 Ford Mhsrah_. The photo was posted to his on 8/13/2016, approximately one month before the accident. This investigator found two photos on --'s raeebook page, one of the trout view ara black Mustang on 2/4/2016 and a photo or a Mustang steering wheel posted 1/9/2016. On 6/30/2018, 1 viewed surveillance footage from-- who resides in Bloomington at the eorner of Key Rd. and State Highway 185. Mr. _bas several eameras outside his residence which capture diflerent views of the highway traitie in front of his home. Mr. - provided the vcso with a thumb drive of vidto he had previousiy saved from the morning of 9/27/2016. In reviewing the video, this Affiant found an image at 07:00.02 which shows a vehiele traveling northbound on State Highway 185 in front of the- home, The . while not elearly identifiable, IS ve similar in body style and shape to the 2012 and Mustan imam a. have been oh 0.. the among or this or particular similarity is the downward sloping style at the rear window which is consistent wilh a 2012 Ford Mustang. images were captured during the tint eframc consistent with the accident. rh. 2011 we. trom_ on or about 2/1/2017. Photographs hithe vehiele were obtained from Adesa San Antonio (auto auction) and Torres Collision Welding in San Antonio, TX purporting to show the damage to the vehiele at the time they came into pussmiun of it. There are several areas of damage evident on the vehicle, ineluding an aftermarket serew that was installed in the vehiele whieh appears to be securing the passenger side view mirror housing to the vehicle. Based on the evidence and testimon tiled above, Affnm believes probable ease to the suspect in a on. he and run traffic erash, may have through use of his eellular device, any and all electronic systems in the above described vehicle, including but not limited to the vehicle's intotainrnerrt and/or telematies devices, that oulleet, maintain, and/or store electronic data that include, among other dam, historical location information of where the vehicle traveled and communication content and associated call detail information and history transferred by Communication devices slush as mobile phones connected to the electronic systems, i.c. 'Bluetomh'. Infunnatiun lrom the nbove is being sought which would put the suspect, -- his cellular device at or near the scene during the time period oi the latal accident on September 27, 2015 through the electronic and digital connections in the above listed vehicle The said vehicle will be seized said location for further investigation :nd transpurled by a wrecker service back to the Victorin County Sheritrs Office, Victoria, Texas. Upon completion of the investigation, the vehicle will he returned to the current and lawiul owner without expense Io him. Said information will be retrieved from [he said motor vehicle with assistance of the Texas Attorney General's citiee Criminal investigation Division by perronning a downlond of the vehicle's electronic systems. Further inspection oi the vehicle and its exterior body components will he perlormed by qualified technicians and/or body repair specialists at Ford dealership. It is requested that the cilidavit and search warrant in this case be sealed for a pcriotl or at lenst 90 days. gJ Kouha (y Sheriffs Office gamut/i Bari?" keel, (M c4 we Viclurin 0 EM, fl. bots/Hi \Amb'. (k6