THE CASE OF THE PENNY PARK PLACE PERPETRATOR

Transcription

1 AMELIE HODGES FORENSIC FILES: THE CASE OF THE PENNY PARK PLACE PERPETRATOR THE STATE OF TEXAS V. GREG SHEARS TRIAL COURT CASE By: Ashley L. Myrick

2 Dear Judicial Delegates, It is both my privilege and honor to welcome you to the Texas Youth and Government season! I anticipate that this year will be a milestone in the history of the Texas Judicial program, and I am thrilled to see the initiative everyone has taken to be a part of it. For many of you, this is not your first conference. From the wide range of opportunities Youth and Government offers, you have seized experience and have enhanced your capabilities to extraordinary levels. The qualities that you have acquired are some of the finest that can be obtained, and I ask that you use them proficiently. I also ask that you continue to seek new aspects of trial that you have not yet mastered. Often times we can be amazed at the capacity in which our brains can operate. I challenge you to analyze the case a little deeper this year, add a little more emotion into your presentation, and most importantly, always have an open mind. Lastly, I ask that you reach out and interact with new Delegates this year. Close bonds made from previous years should never be forgotten, but it is important to be open to the possibility of new relationships as well. To the first year Delegates, welcome to the YG family. The possibilities in Trial Court, and Youth in Government as a whole, are endless. From Attorneys, to Witnesses, to Judges, Trial Court opens up a new realm of adventure full of excitement. Many of you may feel as I did during my first year. I was quite unacquainted with the rules and procedures and I often times struggled to catch on as fast as the more experienced delegates. My advice to you would be to ask questions and never be ashamed to interact with the more experienced delegates. Youth and Government was established on the foundation of companionship and loyalty, and with the help of others, nothing is impossible. Finally, I ask all of you to share the experiences that you will have this year with a friend. Youth and Government is a program that thrives off of the success and leadership of its Delegates. Many of your peers may be searching for and are unaware of YG, and with your help, they can become connected within this amazing program. Vince Lombardi once said, The price of success is hard work, dedication to the job at hand, and the determination that whether we win or lose, we have applied the best of ourselves to the task at hand. I challenge each of you, to apply the best of yourselves in this upcoming season, and whether you win or lose, remember we always have each other! Sincerely, Cameron Burleson Attorney General Page 2

3 Table of Contents Letter from Attorney General, Cameron Burleson...2 List of Witnesses and Documentary Evidence. 4 Indictment Applicable Statutes and Laws Witnesses for the Prosecution Detective Sergeant Amelie Hodges.. 8 Dr. Joshua Sapp... 9 Mary Smirnis Witnesses for the Defense Teddy Barbour Dr. Brianna Auten Greg Shears Hodges Miles Exhibits Police Report Diagram of Penny Park Place...32 Diagram of Millie Sanders trailer.. 33 Autopsy Report of Millie Sanders Autopsy Report of Tommy Sanders Murder Weapons Page 3

4 LIST OF WITNESSES AND DOCUMENTARY EVIDENCE TO BE USED IN THIS CASE WITNESSES FOR THE PROSECUTION, STATE OF TEXAS: 1. Detective Sergeant Amelie Hodges 2. Dr. Joshua Sapp 3. Mary Smirnis WITNESSES FOR THE DEFENDANT, Greg Shears: 1. Teddy Barbour 2. Dr. Brianna Auten 3. Greg Shears 4. Hodges Miles Documents included in the packet: 1. Indictment 2. Applicable Statutes 3. Affidavits Evidence * 1. Police Report 2. Diagram of Penny Park Place 3. Diagram of Millie Sander s trailer 4. Autopsy Report of Millie Sanders 5. Autopsy Report of Tommy Sanders 6. Murder Weapons** *You are free to enlarge evidence to poster size as demonstrative exhibits only **Item number 7 Murder Weapons: You are instructed to follow the directions on the documents labeled Murder Weapons Page 4

5 No Bond $ denied_ The State of Texas vs.greg Shears Charge: CAPITAL MURDER Court: 108th Judicial District IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS THE GRAND JURY, for the County of Coco, State of Texas, duly selected, empaneled, sworn, charged, and organized as such at the AUGUST Term A.D of the 108 th Judicial District Court for said County, upon their oaths present in and to said court at said term that Greg Shears hereinafter styled Defendant, on or about the 4 th day of July 2013 and before the presentment of this indictment, in the County and State aforesaid, did then and there intentionally and knowingly murder more than one person during the same criminal transaction, to-wit: the said Greg Shears did then and there intentionally cause the death of an individual, Millie Sanders, by repeatedly striking her about the head with a foreign object, to-wit: a hammer, and the said Greg Shears did then and there intentionally and knowingly cause the death of an individual Tommy Sanders, by stabbing the said Tommy Sanders with a knife. Against the peace and dignity of the state Foreman of the Grand Jury Page 5

6 APPLICABLE TEXAS STATUTES Texas Penal Code Sec TYPES OF CRIMINAL HOMICIDE (a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. (b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide. Texas Penal Code Sec MURDER (b) A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual; (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. Texas Penal Code Sec CAPITAL MURDER. (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and: (7) the person murders more than one person: (A) during the same criminal transaction (b) An offense under this section is a capital felony. (c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense. Texas Penal Code Sec CAPITAL FELONY. (a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for: (1) life, if the individual's case was transferred to the court under Section 54.02, Family Code; or (2) life without parole. Page 6

7 Texas Penal Code Sec FIRST DEGREE FELONY PUNISHMENT (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000. Texas Code of Criminal Procedure Art EVIDENCE IN PROSECUTIONS FOR MURDER. (a) In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all relevant facts and circumstances surrounding the killing and the previous relationship existing between the accused and the deceased, together with all relevant facts and circumstances going to show the condition of the mind of the accused at the time of the offense. Page 7

8 STATE OF TEXAS COUNTY OF COCO AFFIDAVIT OF DETECTIVE AMELIE HODGES My name is Detective Sergeant Amelie Hodges. I am over the age of 18 years and I am otherwise fully competent to testify. I can read, write and understand the English language. I am not under the influence of any drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of the information in this Affidavit is within my personal knowledge and is true and correct. I am a Detective Sergeant with the Brookbend Police Department. My badge number is #11. I have been a Detective Sergeant with the Brookbend Police Department since I have been with the Homicide Division from 2005 to the present and am the Head Detective in the Homicide Department, a position I have held since From 2000 to 2005 I worked in the Armed Robbery Division. From 1997 to 2000 I was a Patrol Officer. I am a graduate of the Brookbend Police Academy. I have a BA in Criminal Justice from the University of Texas at Arlington. I have a Master s Degree in Criminal Justice from the University of Texas at Arlington. I am the detective assigned to the Greg Shears case and designated representative of the Brookbend Police Department. Attached is a copy of the police report, diagram of Sanders trailer and diagram of Penny Park Place. These items are true and correct and incorporated into my affidavit by reference as if fully recited here. SIGNED THIS THE 29th day of July, 2013 Reagan D iané Notary Public, State of Texas My commission expires November 12, 2013 Detective Sergeant Amelie Hodges SUBSCRIBED AND SWORN TO BEFORE ME, this the 29th day of July, 2013 Page 8 NOTARY PUBLIC, State of Texas

9 STATE OF TEXAS COUNTY OF COCO AFFIDAVIT OF DR. JOSHUA SAPP My name is Dr. Joshua Sapp. I am over the age of 18 years and I am otherwise fully competent to testify. I can read, write and understand the English language. I am not under the influence of any drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of the information in this Affidavit is within my personal knowledge and is true and correct. I am the Brookbend Medical Examiner. I have held this position for the past 12 years. Prior to holding that position, I served as the Assistant Medical Examiner of Brookbend, Texas for five years. I attended the University of Texas for my undergraduate degrees in pre-med and biology. I received my medical degree from Johns Hopkins. I completed training in anatomic pathology and forensic pathology from the NYU Medical Center. I am certified in both anatomic and forensic pathology by the American Board of Pathology. I am an active member of the National Association of Medical Examiners and the current president of that organization. I am licensed to practice medicine in six states, including Texas. I have performed over 2,000 autopsies. On July 8, 2013, I conducted autopsies of Millie Sanders and Tommy Sanders. A copy of my autopsy reports is attached hereto. These items are true and correct and are incorporated into my affidavit by reference as if fully recited here. Reagan D iané Notary Public, State of Texas My commission expires November 12, 2013 SIGNED THIS THE 10th day of July, 2013 Dr. Joshua Sapp SUBSCRIBED AND SWORN TO BEFORE ME, this the 10th day of July, 2013 Page 9 NOTARY PUBLIC, State of Texas

10 STATE OF TEXAS COUNTY OF COCO AFFIDAVIT OF MARY SMIRNIS My name is Mary Smirnis. I am over the age of 18 years and I am otherwise fully competent to testify. I can read, write and understand the English language. I am not under the influence of any drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of the information in this Affidavit is within my personal knowledge and is true and correct. I live at 28 Penny Park Lane in the Penny Park Place trailer park in Brookbend, Texas. My trailer is not directly next to the trailer owned by Millie Sanders but we are close enough that I consider us neighbors. I am on the other side of the trailer park as Millie s trailer. Millie lived at 34 Penny Park Way. Millie and I used to be very close friends until she took up with Greg in January He is an alcoholic and I suspect a drug user. I didn t want him around my kid so Millie and I didn t see as much of each other the last six months before she died. I was still her friend though and from time to time she would come down to my home and have coffee and discuss what was going on in her life. From what I could tell, Greg didn t live with Millie. Millie owned the trailer not Greg. Millie told me many times that she would never live with anyone unless she was married. She did let Greg spend the night though and he did spend a lot of nights at Millie s place. I don t believe he ever officially moved in. I know he kept his own apartment, which Millie referred to as his place. Also, I was at Millie s home one day in late June 2013 and I didn t see any signs that Greg was living there. It looked the same as it had before Greg was in the picture. At approximately 12:30 a.m. on July 5, 2013, Greg Shears began pounding on my door and begging to be let in. I initially told Greg to go away or I would call the police. Page 10

11 He sounded drunk or under the influence of something. Greg wouldn t go away and started yelling that he thought he had been shot or stabbed. When I opened the door, I saw that he was covered in blood. He was waving his arms and babbling about needing help. I felt sorry for him so I told him to come in and I would help him. He could barely stand let alone walk so I had to almost drag him into my den. At one point, he stumbled and fell over backwards onto the floor. I had the devil of a time trying to help him get back up on his feet. Once I got Greg settled on the couch, I suggested that we call an ambulance but he very strongly said no that he was not going to the hospital. He started babbling again very loudly that I had to help him. My two year old son was in the next room and I was scared that if I tried to call an ambulance or the police or tried to get Greg to leave without helping him that he would kill us. I tried to clean Greg up the best I could. I thought it was odd though that he was covered in blood but didn t seem to have any injuries. I asked Greg where all the blood came from but he just looked at me and began babbling about being stabbed. I said again, Greg, you weren t stabbed. Where did all the blood come from? He wouldn t answer me. I gave Greg one of my late husband s shirts and told Greg to lie down on the couch and sleep it off. Greg eventually fell asleep on my couch. I tossed Greg s orange t-shirt and flowered jams in the washer and threw his leopard print robe over a chair. It did not occur to me that I needed to keep the shirt and shorts as they were. Frankly I assumed that Greg had been in some sort of drunken brawl and that the other guy got bloodied up. That had happened with Greg at least one other time. I think it was in April I was at the Kiss and Tell pub and ran into Millie and Greg. Greg was playing darts with some guy and Millie and I were talking. Apparently the guy made some comments about Millie and Greg took offense to them and just started beating on the guy. The cops were called but by the time they got there Page 11

12 the fight was over. Greg really beat the tar out of that guy. There was blood everywhere. I think Greg was a fighter when he was younger. Two hours after Greg came to my house, the police showed up to arrest him. It was then that I learned that Millie and her son Tommy had been murdered. I overheard the policemen being directed to mark my trailer off as a crime scene as part of a double homicide investigation. I became afraid that the police thought that I was involved, particularly when the police woman told me that they thought Greg had an accomplice. I told the police that I was willing to cooperate and tell them everything I knew even though it wasn t very much. I have seen Greg intoxicated and high on drugs in the past. I have never seen him get violent with Millie. I don t know if Greg killed Millie or not. He never admitted that to me. The time I saw him get in a fight at the pub, he had only drunk a few beers. The night Millie died was different. There was clearly something wrong with Greg. It did not appear to me to be his usual drug and alcohol high. He could barely stand up and was weaving all over the place when he walked. He fell at least once and he could barely string a sentence together. I suppose it is possible that he killed Millie and Tommy. He was covered in their blood. But I just don t know how he could have done it when he could barely hold himself together. Yes, I am familiar with Aaron Stodgy. He is Millie s uncle by marriage. Millie didn t like him and I don t blame her. Millie told me stories about her Uncle Aaron coming on to her. I wasn t sure I believed her at first because that is really nasty but then I saw it with my own two eyes. I was at a Christmas party at Teddy Barbour s house in December 2012 and sure enough, I saw Aaron back Millie into a wall and try to kiss her. Teddy was right behind me and as Millie was trying to push Aaron away from her, Teddy started yelling at him to leave Millie alone. When Aaron saw us, he turned Page 12

13 scary and started yelling at us to mind our own business. He said a little filly like Millie needs to be tamed and I m just the man to do it. What a weirdo. I sure felt sorry for Millie s Aunt Laura for being married to him. Millie didn t like to go anywhere that Aaron was going to be but we live in a small town and he was family so it was hard to avoid him. Aaron Stodgy used to be a boxer. He was pretty well known around Brookbend for having won all sorts of boxing matches. He was planning to go pro but then he hurt his wrist and couldn t box anymore. After he lost his boxing career, he took up hunting and could usually be found at the gun range or heading out to hunt whatever was in season. I didn t see Aaron Stodgy on the night that Millie and Tommy were killed. My son was sick on July 4, 2013 so we didn t go out that night to any of the July 4 th festivities. We were home all day and night and didn t see anyone until Greg came over and banged on my door. SIGNED THIS THE 8 th day of July, 2013 Reagan D iané Notary Public, State of Texas My commission expires November 12, 2013 Mary Smirnis SUBSCRIBED AND SWORN TO BEFORE ME, this the 8th day of July, 2013 NOTARY PUBLIC, State of Texas Page 13

14 AFFIDAVIT OF TEDDY BARBOUR STATE OF TEXAS COUNTY OF COCO My name is Teddy Barbour. I am over the age of 18 years and I am otherwise fully competent to testify. I can read, write and understand the English language. I am not under the influence of any drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of the information in this Affidavit is within my personal knowledge and is true and correct. I ve known Millie Sanders for 10 years. We used to date but she decided we didn t suit each other. That was okay with me. Millie was always more a best friend than anything else. I met Greg Shears in December We became friends so I invited him to a super bowl party at my house in January 2013 and he and Millie met. Greg and Millie were like two peas in a pod. You rarely saw one without the other and they... that is how close they were. In April 2013, Greg moved into Millie s trailer. I thought it was too soon for them to live together but Millie told me not to worry, that Greg was going to keep his apartment and they were going to try out living together to see if they liked it. Greg still had poker nights at his old apartment and I guess he slept there sometimes but mostly he lived at Millie s house and he had a lot of stuff there. On July 4, 2013, at about 9:30 p.m., I arrived at Millie s place, 34 Penny Park Way, to pick Millie, her son Tommy and Greg up for a party at my house. Their car wasn t working and Millie called me to see if I would come get them. When I arrived, Greg was passed out on the sofa with a bottle of scotch on the table next to him and an empty glass knocked over on the floor. A bottle of pain medicine was sitting on the table next to the scotch. I tried to wake Greg up but he didn t move. I wondered if he was dead, but I checked his pulse and it seemed steady and he was breathing okay. I ve Page 14

15 only seen Greg like that one other time. He had hurt his hand in a bar fight at the Kiss and Tell a couple months before and had to go to the emergency room. I drove him there since Millie was too upset. The doctor gave Greg a prescription for codeine. After we picked up the prescription from the pharmacy, Greg popped a couple pills into his mouth. He had some sort of weird reaction and within about thirty minutes, he was stumbling around and babbling nonsense. Then he started getting nauseous and short of breath. I called the hospital and they told me if he continued talking nonsense and stumbling around that I might need to bring him in to get his stomach pumped. Greg s symptoms lasted for around thirty minutes and then he passed out on the floor. I had to drag him to the couch. He didn t wake up for about four hours. He told me later that he must be allergic to codeine and he was never taking it again unless he was in so much pain he couldn t stand it. On July 4, 2013, Millie told me Greg had come home from work the day before complaining that he had hurt his back. She said that sometime on the 4 th, Greg was hurting so bad that he decided to chance taking the pills. Greg is not a drug user. I never saw him take illegal drugs and from what I could tell he rarely took any medicines. He did drink alcohol. He drank a lot but other than the one time at the Kiss and Tell, I never saw him out of control. Since Greg was so out of it, I took Tommy and Millie to my July 4 th party. We left a note for Greg in case he woke up and wanted to come. Millie and Tommy stayed until around 10:30 p.m. Millie had some sort of altercation with her Uncle Aaron Stodgy, who was really drunk, and told me she wanted to go home. I don t know 100% what happened, but I did see Aaron get up in Millie face and start pointing his finger at her. Millie tried to walk away and Aaron grabbed her arm. I started heading over to break things up and I heard part of their conversation. It was something about her needing to be more appreciative and show him her gratitude. Aaron saw me coming toward them Page 15

16 and he turned around and stomped off. Millie and I got Tommy and I took them home. When I dropped Millie and Tommy off, I didn t go inside. We sat in the car and talked for probably five or ten minutes and then I gave Millie a kiss and high fived Tommy and then they got out of the car and went inside. That was probably at about 11:00 p.m. Just before midnight, I started to feel uneasy about what happened at the party and that I had just dropped Millie off without going inside. So, I called Millie. At first no one answered the phone so I called back twice before Tommy picked up. Tommy and I talked for a few minutes and then I asked Tommy if I could talk to Millie for a minute. He said she was busy and that she had told him to go to his room and close the door and not come out until she came to get him. He said that there was arguing and he could hear mommy yelling but was scared to go out there. I asked Tommy who Mommy was yelling at and he said he wasn t allowed to talk about the fighting when it happened. That mommy had told him never to talk about it. Tommy asked me to come over. I told Tommy that he didn t have to leave his room but I asked him to open the door so that I could hear what was happening. I guess Tommy did open the door and put the phone on speaker because suddenly I could hear very loud voices. I heard Millie scream You get out of my house you drunken loser and don t ever come back. Then I heard a pretty deep voice yell back I m not going anywhere. I can stay if I want. You better start acting a little nicer to me. The voice was really deep did not sound like Greg s. Greg has a much higher voice than the guy I heard. Then I heard Millie scream No, don t hurt me. You re going to kill me. The next thing I heard was the phone drop and Tommy yelling I ll help you mommy. Then I heard Tommy saying Don t, don t, don t. Please don t make me dead like mommy. The last thing I heard was a door slam. I hung up the phone and called the police. This was at about 12:10 a.m. on July 5, I blame myself for not immediately hanging up the phone and calling the police as soon Page 16

17 as Tommy told me there was an argument going on and that he had been sent to his room. Millie was my best friend and Tommy was a sweet, loving kid. Well, he wasn t actually a kid. He was 24 but had Down Syndrome and functioned at about age 7. I can t believe some monster did this to Millie and Tommy but I don t think it was Greg. Based on the condition I saw him in just a few hours earlier and how he reacted the last time he took pain medication and scotch, I don t think he would have been physically capable of killing Millie and Tommy. Despite Tommy s disability, he was a big kid, much bigger than Greg. When I showed up at Millie s trailer, the police were already there. I told them what I heard over the phone. I also told them about Millie s altercation with Aaron Stodgy earlier that evening. They didn t seem to be interested in hearing about the phone call or about Aaron. They seemed very focused on finding Greg and appeared convinced that he was the one who had killed Millie and Tommy. I called the police several times in the months after Millie s death to talk to them about their progress. I also wanted to tell them about something I witnessed. Two days after Millie s death I dropped my car off at Dowell s Auto Body Shop. I noticed that Aaron Stodgy s car was in the shop and being repainted. I also noticed that the seats had been taken out of the car and were being re-covered the carpet was being replaced. I thought this was odd and reported it to the police. They basically told me to quit bothering them; that they had the perpetrator and Greg was going down for the murders. Reagan D iané Notary Public, State of Texas My commission expires November 12, 2013 SIGNED THIS THE 9th day of July, 2013 Teddy Barbour SUBSCRIBED AND SWORN TO BEFORE ME, this the 9th day of July, 2013 Page 17 NOTARY PUBLIC, State of Texas

18 STATE OF TEXAS COUNTY OF COCO AFFIDAVIT OF DR. BRIANNA AUTEN My name is Dr. Brianna Auten. I am over the age of 18 years and I am otherwise fully competent to testify. I can read, write and understand the English language. I am not under the influence of any drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of the information in this Affidavit is within my personal knowledge and is true and correct. I am a Professor of Pharmacology and Toxicology at the University of Texas in Austin. I have held this position since I have an M.D. from Harvard University Medical School and a Ph.D. in Pathological Chemistry from Princeton University. I also have a post-doctoratal degree in biochemistry from Yale University. I am licensed to practice medicine in Texas, New York and Massachusetts. The focus of my private practice is working with individuals dealing with a dependence on alcohol and other drugs. I have published approximately 50 journal articles in numerous scientific and medical journals, including the American Pharmacology Journal, Journal of Biochemistry and Pharmacology, Journal of American Pharmacologists, and the International Journal of Pharmacology. I have published ten books involving the areas of Pharmacology and Biochemistry. I am a member of the American Medical Association, the American Society of Pharmacology, and a number of other professional organizations. I have testified in more than 100 trials and given more than 50 depositions. I have been qualified as an expert in Texas and Federal courts. I receive $450/hour to review files and interview witnesses and $800/hour for depositions and trial testimony. In preparation for my testimony, I have reviewed the following documents: The Police Report from the Benbrook Police Department citing the findings of the Crime Page 18

19 Laboratory of the Texas Department of Public Safety dated July 9, 2013 stating that Greg Shears blood alcohol content in the sample taken from him on the night of the murders was 0.11 grams per 100 m. of blood (sometimes stated as a blood alcohol content, or BAC, of.11%) and that his codeine level in the same blood sample was 0.11 mg/l; and the Affidavits of Mary Smirnis, Teddy Barbour, Greg Shears and Miles Austin These were the only documents relevant to toxicological findings. After reviewing this material, and having been informed that Mr. Shears was a heavy drinker and habitual abuser of alcohol since he was a teenager, I proceeded to calculate the alcohol reduction rate in Mr. Shears body. Research, including my own, has shown that in heavy drinkers, the BAC reduction rate is higher than that of in moderate drinkers. This is true because the liver enzymes that serve to eliminate alcohol from the bloodstream are significantly more active in long-time heavy drinkers. Multiple studies have indicated that the BAC reduction rate in heavy drinkers was on average 23 mg/100ml per hour. Studies have also indicated that values ranging even up to 35 mg/100ml per hour or more were also frequent. Because Mr. Shears was a long time heavy drinker, utilizing these reduction rates would be appropriate and would have resulted in the following blood alcohol levels at various relevant time periods on the night of the murders: Assumed Alcohol BAC at 9:30 p.m. on BAC at 12:00 a.m BAC at 5:30 a.m. Reduction rate July 4 July 5 July 5 20 mg/100 ml/hr.270%.220%.110% 25 mg/100 ml/hr.310%.247%.110% 30 mg/100 ml/hr.350%.275%.110% The States laboratory report postulated a reduction rate of only.017% per hour; however this rate would be more commonly used on a healthy moderate drinker as Page 19

20 opposed to a heavy drinker such as Mr. Shears. Therefore, the States estimate that Mr. Shears BAC would have been about.210 at midnight and would have been.245 earlier in the evening at 9:30 p.m. would have been significantly off. In all likelihood, the appropriate reduction rate to use would be 25 mg/100 ml/hr given Mr. Shears height (5 11 ) and weight (180 lbs) and his admitted history of alcohol abuse. Using the rate of 25 mg/100 ml/hr would indicate that Mr. Shears had a BAC of.247 at midnight (around the time of the murders) and.310 earlier in the evening at 9:30 p.m. (when Millie Sanders left for the party). The State lab s conclusions regarding the amount of codeine in Mr. Shears bloodstream also appear to be inaccurate. The State lab used an elimination half-life of 2.8 hours. In my opinion, a half-life of 2.2 hours is more accurate. Utilizing the rate of 2.2 hours, Mr. Shears blood codeine content would have been.66 mg/l at midnight and 1.35 mg/l earlier in the evening at 9:30 p.m. Both levels are extremely high and would be lethal in some people. Research has shown that mixing alcohol and codeine results in a synergistic effect, enhancing the effect of both substances. For example, a person with a BAC of.247% who had also taken codeine would be more impaired than their BAC level would show. However, it is difficult to quantify the effect of mixing alcohol and codeine because the dangers posed by mixing alcohol and codeine have prohibited any significant research using human subjects from being conducted in this area. Heavy drinkers have a greater tolerance to alcohol than moderate drinkers. A moderate drinker who had alcohol and codeine in their system at the same rate as Mr. Shears did at midnight would likely be comatose or even dead. However, a heavy drinker would most likely be in a stupor but quite possibly able to be roused. It is important to note though that even if one were able to rouse the heavy drinker with a BAC of that rate (ie: Shears rate at midnight), the individual would not be lucid, Page 20

21 meaning he would not have a clear grasp of reality or perhaps even know where he was or what was going on around him. He would be extremely confused, badly impaired and would have difficulty moving around or even standing in a coordinated manner. Add to this that Mr. Shears suffered from an allergy to codeine and was not a regular user of this substance and it is more likely than not that Mr. Shears reaction to the mixture of codeine and alcohol was as described above. The positioning of the hand-prints on the hallway walls, behind the chair and the exit door are indicative of someone stumbling around and trying to keep their balance. One in a state of stupor such as Mr. Shears would have been given the levels of alcohol and codeine in his system would need something solid to hold themself up with. In my professional opinion, it is highly improbable that Mr. Shears could have inflicted the injuries that caused the deaths of Millie Sanders and Tommy Sanders. The amount of alcohol and codeine found in his blood stream would have made it impossible for him to commit the murders. At the time of the murders, which was determined to be around midnight, Mr. Shears would have been at best in a state of stupor. He would have been barely able to stand without assistance and almost completely without the physical coordination or mental acuity required to commit the murder of Millie Sanders by blunt force trauma or the murder of Tommy Sanders by stabbing. Reagan D iané Notary Public, State of Texas My commission expires November 12, 2013 SIGNED THIS THE 1 st day of August, 2013 Brianna Auten, M.D., Ph.D. SUBSCRIBED AND SWORN TO BEFORE ME, this the 1st day of August, 2013 Page 21 NOTARY PUBLIC, State of Texas

22 AFFIDAVIT OF GREG SHEARS, LPC STATE OF TEXAS COUNTY OF COCO My name is Greg Shears. I am over the age of 18 years and I am otherwise fully competent to testify. I can read, write and understand the English language. I am not under the influence of any drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of the information in this Affidavit is within my personal knowledge and is true and correct. I met Millie Sanders in January 2013 at Teddy Barbour s Super Bowl party. We really hit it off and within a few months decided to try out living together. I kept my apartment at Millie s request just in case things didn t work out. We agreed that we were sure we d be together forever but Millie didn t want me to be stuck without a place to go back to if things didn t work out those first few months. We moved in together in April 2013, and our agreement was that if all was going well, I would give up my apartment in August But, for all intents and purposes we were living together. Except for my furniture, all my personal items were moved in to Millie s place.... or I guess I should say our place, 34 Penny Park Way, Brookbend, Texas. I would never have killed Millie or Tommy. I loved Millie and she loved me and I was planning to propose at the end of the summer. Tommy was a great kid and I had come to care about him a lot. You really couldn t know Tommy and not love him. He was that special kind of person that everyone just loves from the first time you meet him. Millie, Tommy and I had been invited to Teddy Barbour s annual 4 th of July party. Since Teddy lives outside city limits we could shoot off fireworks on his property and Tommy was really looking forward to that so Millie and I had agreed to go even though Page 22

23 Millie was hesitant because she was sure her uncle Aaron Stodgy would show up. Millie was scared of her Uncle Aaron. She had told me that he came on to her all the time and that sometimes he even got physical with her, grabbing her arms and one time even grabbing her around the throat. She hadn t pressed charges against him because of her Aunt Laura but she tried to stay as far away from him as she could. On July 4 th, I woke up and wasn t feeling well. I m a construction worker and the day before I had hurt my back at work. I don t like to take prescription medications and normally wouldn t take any kind of pain medication. A few months earlier in April, I had taken codeine when I hurt my hand in a bar fight. Don t get the wrong idea. I ve never been in a bar fight before but some jerk made disgusting comments about Millie and I wasn t going to let that pass. I hurt my hand in the fight and Teddy took me to the emergency room where they gave me codeine. It was the first time I had taken codeine and I had a really bad reaction to it. I couldn t stand up without help. I was stumbling around and falling into things and I couldn t talk very well because everything I said was just babbling. Eventually I passed out and they couldn t wake me up for about four hours. This reaction scared me so much that I ve avoided taking codeine since. I wouldn t have taken it on July 4 th but my back was hurting so badly that I finally gave in. I had tried scotch first thinking that the alcohol would numb the pain. Millie and I liked to have the occasional drink and we had started our July 4 th celebrations with a few drinks starting around 2:00 in the afternoon. We d had quite a few drinks throughout the day but they didn t help the pain. I finally gave in and took two or maybe three codeine at about 8:00 p.m. Based on my prior reaction to the medication it doesn t surprise me that I was passed out and they couldn t wake me up when Teddy arrived to pick us up for the party at 9:30. Page 23

24 I don t remember anything after 8:00 p.m. on July 4, 2013 until after midnight on July 5, I vaguely remember waking up and looking at the clock. As I remember, the clock read about 12:15 a.m. I m not sure what woke me up. I remember calling out to Millie and when she didn t answer calling for Tommy. I tried to get on my feet and I remember it took me a couple of tries. I was very groggy and unsteady on my feet. I stumbled around the trailer looking for Millie and Tommy. I went back towards the bedroom area and saw Tommy laying in the hallway facing toward his bedroom. He was covered in blood. I got down on the floor to check to see if he was still alive and to see what had happened. He was laying on his stomach and I turned him over. When I did, I could see that he had been stabbed. I couldn t tell if it was more than once. There was just so much blood. I checked for a pulse but I couldn t find one. The knife was laying underneath Tommy and I saw it after I turned him over. It looked like one of the knives we use in the kitchen. I remember turning around and heading toward the front of the trailer. That was when I saw Millie s legs sticking out from behind the chair. I looked around the chair and saw Millie lying there covered in blood. There was a hammer lying beside her. I didn t recognize it as belonging to us. I got down on the floor and shook Millie trying to get her to wake up. When that didn t happen, I picked her up and held her in my arms and started crying. It was about then that I heard police sirens. I got scared and ran out the door. I could barely walk and still felt really drugged. I didn t know where to go. Our car wasn t working and I didn t think I could drive anyway. I finally ran to Millie s friend Mary Smirnis trailer. She lives on the other side of the park from us. I know she doesn t like me, but I didn t know where else to go for help. When I got to Mary s, I knocked on the door. I think she told me to go away or she would call the police. I begged her to let me in. Finally, she opened the door and helped me inside to the couch. I kept telling her I needed help; that something had happened and I didn t Page 24

25 know what to do. I told her not to call the police because they wouldn t understand. Mary helped me take off my shirt and get cleaned up and then she told me to lie down on the couch and sleep it off. I don t know what she thought had happened and I was so freaked out and still so groggy that I couldn t tell her much. I finally fell asleep on her couch and was woken up at 2:30 a.m. by the police. They arrested me and took me down to the Brookbend police station. I kept telling them that I didn t do anything and that they needed to go talk to Millie s Uncle Aaron; that if Millie and Tommy had been murdered, he was the only one who had it in for Millie. I would have never hurt Millie. I loved her and Tommy and wanted us to be a family. If you are looking for Millie s killer, look no further than her Uncle Aaron Stodgy. Reagan D iané Notary Public, State of Texas My commission expires November 12, 2013 SIGNED THIS THE 26th day of July, 2013 Greg Shears SUBSCRIBED AND SWORN TO BEFORE ME, this the 26th day of July, 2013 NOTARY PUBLIC, State of Texas Page 25

26 AFFIDAVIT OF HODGES MILES STATE OF TEXAS COUNTY OF COCO My name is Hodges Miles. I am over the age of 18 years and I am otherwise fully competent to testify. I can read, write and understand the English language. I am not under the influence of any drug or other substance which would prevent me from fully understanding the nature of this Affidavit. All of the information in this Affidavit is within my personal knowledge and is true and correct. I live next door to Aaron Stodgy. We are not friends. In fact I find him a bit scary and try to stay out of his way. I do not know Greg Shears. I do know who Millie and Tommy Sanders are. I know that they are related to Aaron Stodgy. Millie did not visit her Uncle Aaron very often. The few times that I saw her at his house, she would not go inside. I spend most of my days on the front porch reading so I tend to see what goes on in the neighborhood. I guess you could say I m an informal neighborhood watch. Anyway, whenever I saw Millie over at old Stodgy s house, she would always stand on the front porch and talk to him. Sometimes I would see her hand him a package and other times he would get mean and fuss at her. They were never loud enough where I could hear them but you can tell from body language. Stodgy would point his finger in her face or shake his fist at her and his face would get all twisted up like he was angry with her. On those occasions, I would usually get my phone ready to call 911 if I needed to. I never actually had to call 911, but I was ready. Stodgy is a nasty character. When he moved in to that house, he came over and introduced himself to me. While we were talking, he whipped a knife out of his back pocket and started playing with it. I tell you it scared me to death. He told me that he d Page 26

27 done a stint in Huntsville a while back, though he never told me what he did. He has a big ol scar on his left cheek that he said he got in a knife fight. On July 4, 2013, my wife and I stayed up late to watch the fireworks. We were sitting on our front porch at around 1:00 a.m. when I saw old Stodgy drive up in his pick-up. Our lights were out and it was dark so I don t think he saw us sitting there. He didn t acknowledge us anyway. He hopped out of his pick up and hurried inside. A few days after Millie s death I noticed that Stodgy had had his pick up re-painted. I commented to him about how shiny the new paint job was and he told me that he was tired of the old color, because it was too faded and he wanted something shiny without having to buy a new truck. SIGNED THIS THE 8th day of July, 2013 Reagan D iané Notary Public, State of Texas My commission expires November 12, 2013 Hodges Miles SUBSCRIBED AND SWORN TO BEFORE ME, this the 8th day of July, 2013 NOTARY PUBLIC, State of Texas Page 27

28 Brookbend Police Department Initial Police Report Case #: Report Date: July 29, 2013 Page Number: 1 of 4 SYNOPSIS: At 12:11 a.m., the Brookbend 911 received a call from Teddy Barbour that there had been an incident at 34 Penny Park Way, Brookbend, Texas. According to Mr. Barbour, he was on the phone with resident Tommy Sanders when he heard screaming and what sounded like pleas not to be killed by first who he believed to be Millie Sanders and moments later by Tommy Sanders. According to Mr. Barbour, he heard a third voice that he could not identify; however, the voice was male and appeared to be somewhat deep. A patrol vehicle was first on site at 34 Penny Park Way and I arrived shortly thereafter. I entered the premises with two patrol officers. The front door was open; however, we knocked on the door and identified ourselves as police. Upon receiving no response, we entered the home. The entry of the home leads into the living room area. Upon entry into the living room we could see what appeared to be legs stretching out from behind the chair. Upon approaching the chair, we determined that an adult female, approximately aged 43 was lying behind the chair covered in blood. A hammer was lying next to her head. We checked to see if she was alive and determined that she was not. We investigated the rest of the trailer and discovered an adult male approximately aged 24 lying on his back, covered in blood with a knife lying next to him. We called in a forensics team to gather evidence and an ambulance to transport the bodies to the morgue. Page 28

29 Case #: Report Date: July 29, 2013 Page Number: 2 of 4 No fingerprints were found on the hammer. The knife was found to be part of a set the rest of which was found in the kitchen of the home. It was found to have only the prints of Greg Shears and Millie Sanders on it. Bloody handprints belonging to Greg Shears were found on the hallway walls, the wall behind the chair and on the door leading outside of the home. Greg Shears shirt was discovered at the home of Mary Smirnis. Despite being washed, blood was detected on the shirt; however it was impossible to determine if it was blood splatter or contact stains. Bloody footprints, size 11 were found from behind the chair area leading outside the house. Both Mr. Shears and Mr. Stodgy wear size 11 shoes. At the time we entered home, there was no sign of Greg Shears. As we canvassed the trailer park, at approximately 2:30 a.m., we discovered Greg Shears asleep in the home of Mary Smirnis, located at 28 Penny Park Lane. We woke Mr. Shears and took him to the Brookbend police station. He was read his Miranda rights and signed the card indicating that he understood them. Mr. Shears did not ask for an attorney and stated that he had done nothing wrong and did not need an attorney. Mr. Shears stated that he had not killed Millie or Tommy Sanders and that he had been passed out on the chair from around 8:00 p.m. on July 4, 2013 until around 12:15 a.m. on July 5, Mr. Shears stated that he had taken codeine because of a back injury and had already been drinking a significant amount of scotch prior to taking the medication and that because of a codeine allergy had passed out. We asked Mr. Shears if he had ever been diagnosed by a doctor with a codeine allergy and he stated that he had not but that he had a prior incident where he had responded in the Page 29

30 Case #: Report Date: January 13, 2013 Page Number: 3 of 4 same manner. It appeared to us that this was a convenient excuse to claim a blackout, thus trying to alibi himself for the time of the murders. At approximately 5:30 a.m., the Brookbend police department toxicologist took blood samples from Mr. Shears to determine his blood alcohol and codeine levels. The toxicologist determined his blood alcohol level (BAC) at that time to be 0.11 grams per 100 m. of blood and that his codeine level in the same blood sample was 0.11 mg/l. Using a standard reduction rate of.017% per hour in a male of Mr. Shears size, the toxicologist determined that at the time of the murders (around 12:00 a.m.), Mr. Shears BAC would have been.21% and his codeine level to be.44 gms per 100 ml at the time of the murders. At someone of Mr. Shears height (6 1 ) and weight (220), he would have been legally intoxicated but able to function. As part of the investigation, we interviewed friends and neighbors of Millie Sanders and Greg Shears. A number of affidavits were taken as part of the investigation. In talking to the residents directly next door to Ms. Sanders and Mr. Shears, it was determined that Mr. Shears and Ms. Sanders had a passionate but volatile relationship that was often carried on out of doors. According to the resident of number 35 Penny Park Way, Mr. Shears and Ms. Sanders had a habit of fighting while out on their front porch about issues such as money, drinking, and Ms. Sanders ex-boyfriend Teddy Barbour. These fights would occur once or twice a week and would typically result in Ms. Sanders going inside and slamming the door and Mr. Shears continuing to yell through the window. There were no witnesses to any physical violence between Mr. Shears and Ms. Sanders, though the resident of number 33 Penny Park Way did state that on more than one occasion she was prepared to call the police but then the fighting would stop. Page 30

31 Case #: Report Date: January 13, 2013 Page Number: 4 of 4 Having reviewed all the evidence collected and based upon the witness interviews the deaths of Millie Sanders and Tommy Sanders were intentionally and knowingly committed by Greg Shears. Based on witness statements, there were prior occasions of Mr. Shears fighting with Ms. Sanders regarding her ex-boyfriend Teddy Barbour. On the evening of July 4, 2013, Ms. Sanders went with Mr. Barbour to a party leaving Mr. Shears behind with only a note to tell him where she was going. When she arrived home hours later, she and her son sat outside in the car with Mr. Barbour talking and then Mr. Barbour and Ms. Sanders kissed. This provides a motive for murder for Mr. Shears and was, in my opinion, the final straw of a long running, seething jealousy for Mr. Shears. Mr. Shears confronted Ms. Sanders when she entered the home, which led to a fight which became physical resulting in Mr. Shears repeatedly hitting Ms. Sanders in the head with a hammer. When Tommy Sanders walked in on Mr. Shears killing his mother, Mr. Shears had no option but to kill Mr. Sanders and did so by stabbing him several times with a large kitchen knife. Mr. Shears then concocted a story involving a drug and alcohol induced coma. In my opinion, Mr. Shears actions were committed intentionally and knowingly with the purpose to cause the deaths of Millie and Tommy Sanders. In light of the results of the investigation, this case should be referred to the District Attorney s office for prosecution for Capital Murder. Officer Signature Report Approved By: Date Approved: July 29, 2013 Page 31

32 Page 32 *Shaded areas between trailers indicates grassy areas

33 * = Bloody handprint = Tommy s body found Millie s body found REPORT OF AUTOPSY Page 33

34 Decedent Age Birth Date Race Sex Case No Millie Sanders 43 April 1, 1970 C F Type of Death Means ID By Authority for Autopsy Homicide Blunt Force Trauma Toe tag State of Texas Present at Autopsy Detective Sergeant Amelie M. Hodges FINDINGS 1. Death due to blunt force trauma to the head 2. The blows to Decedent s head were of such force that they drove fragments of bone 10 centimeters into the brain. This indicates a high level of rage and significant amount of strength. Comment: The police report and other case documents were reviewed by Joshua Sapp, M.D. CAUSE OF DEATH: Blunt force trauma to the head The facts stated herein are true and correct to the best of my knowledge and belief. Brookbend Medical July 8, 2013 Examiners Complex 8:00 a.m. Joshua Sapp, M.D., Location of Autopsy Date and Time of Chief Medical Examiner Autopsy Page 34 Brookbend Medical Examiner Form 1-A Report of Autopsy Page 1 of 4

35 EXTERNAL EXAMINATION DESCRIPTION Height Weight Eyes Hair Rigor Livor Body Heat lbs Blue Blond at discovery 34 at autopsy Pronounced: 12:30 a.m. July 5, 2013 Dispatch Notified: 12:11 a.m. July 5, 2013 M.E. Notified: Yes Body Found by: Brookbend Police Body Viewed by M.E.? Yes DESCRIPTION OF CLOTHING: The clothes were examined both before and after removal from the body. The decedent was wearing a short denim skirt, underwear, bra, and a green cotton t-shirt. The decedent s clothing was blood splattered. Decedent was not wearing shoes. EXTERNAL EXAMINATION: The body is that of a well-developed, well nourished, Caucasian female stated to be 43 years old. The body weighs 115 pounds, measuring 5 5 from crown to sole. The hair on the scalp is blond and curly. The irises appear blue with the pupils fixed and dilated. The sclerae and conjunctive are unremarkable, with no evidence of petechial hemorrhages on either. Both upper and lower teeth are natural, and there are no injuries of the gums, cheeks, or lips. There are no deformities, old surgical scars, or amputations. Rigor mortis is relaxed. The body appears to the Examiner as stated above. Identification is by toe tag and the autopsy is not material to identification. The body is not embalmed. The head is normocephalic, and there is extensive evidence of external traumatic injury, to be described below. Otherwise, the eyes, nose, and mouth are not remarkable. The Page 35 Brookbend Medical Examiner Form 1-A Report of Autopsy Page 2 of 4

36 neck shows blunt force injuries to be described below. The front of the chest and abdomen likewise show no injuries. The genitalia are normal and show no signs of sexual abuse or trauma. Examination of the anterior (front side) of the body reveals a purplish blue discoloration. Examination of the posterior surface of the trunk reveals no antemortem traumatic injuries. EVIDENCE OF INJURY: Blunt Force Trauma to the head: 1. Photographs indicate that Decedent was found lying supine on a wood floor with the right side in contact with the floor and the left side facing upwards. Decedent s left side of her face, from just above her left eye and extending down to her chin is what appears to be a swipe mark of blood as if someone tried to wipe away the blood on her face. There is also a discoloration which appears to be a bruise on her right cheekbone. 2. The right side of Decedent s head is the primary injury. Photographs show pooled blood on the floor which is consistent with a draining type of injury. 3. Blunt force trauma was caused to the right side of Decedent s head just behind her right ear and around to the base of her skull. Significant force and more than one blow would have been necessary to cause Decedent s injuries. On The blows were of such force that they drove fragments of bone 10 centimeters into the brain. INTERNAL EXAMINATION The body is opened with the usual Y-shaped thoracoabdominal incision. The anterior abdominal wall has its normal muscular components and no blunt force injuries are evident. Exposure of the body cavities shows the contained organs in their usual anatomic locations with their usual anatomic relationships. Page 36 Brookbend Medical Examiner Form 1-A Report of Autopsy Page 3 of 4

37 INTERNAL EVIDENCE OF INJURY: Aside from the blunt force trauma to the head, there are no other internal traumatic injuries. SYSTEMIC AND ORGAN REVIEW Autopsy findings, or lack of them, considered apart from those already stated. No abnormalities were found upon review. TOXICOLOGY A sample of pulmonary artery as well as bile are submitted for toxicologic analysis. Stomach contents are saved. Blood alcohol level was.15%. MEDICAL HISTORY: Unknown MEDICATIONS/DOCTOR: Unknown OPINION The Decedent s skull was thicker than average. In Decedent s case, this made the bone extremely dense and stronger than normal. A significant amount of force would have been necessary to break through her skull and drive it 10 centimeters into her brain. It would have taken great strength and determination to cause the damage to Decedent s skull. This indicates an act of rage. Brookbend Medical Examiner Form 1-A Report of Autopsy Page 4 of 4 Page 37

38 REPORT OF AUTOPSY Decedent Age Birth Date Race Sex Case No Tommy Sanders 24 January 20, 1989 C M Type of Death Means ID By Authority for Autopsy Homicide Multiple Stab Wounds Toe tag State of Texas Present at Autopsy Detective Sergeant Amelie M. Hodges FINDINGS Anatomical Summary: 1. Sharp force wound of neck, left side, with transection of left internal jugular vein. 2. Single stab wound to the right mid-axilary line. 3. Multiple incised wounds of the right and left hand (defense wound). Comment: The police report and other case documents were reviewed by Joshua Sapp, M.D. CAUSE OF DEATH: Multiple Stab Wounds The facts stated herein are true and correct to the best of my knowledge and belief. Brookbend Medical July 8, 2013 Examiners Complex 1:00 p.m. Joshua Sapp, M.D., Location of Autopsy Date and Time of Chief Medical Examiner Autopsy Page 38 Brookbend Medical Examiner Form 1-A Report of Autopsy Page 1 of 5

39 EXTERNAL EXAMINATION DESCRIPTION Height Weight Eyes Hair Rigor Livor Body Heat lbs Brown Brown at discovery 34 at autopsy Pronounced: 12:40 a.m. July 5, 2013 Dispatch Notified: 12:11 a.m. January 5, 2013 M.E. Notified: Yes Body Found by: Brookbend Police Body Viewed by M.E.? Yes EXTERNAL EXAMINATION: The body is that of a well-developed, well nourished, Caucasian male stated to be 24 years old. The body weighs 190 pounds, measuring 5 10 inches from crown to sole. The hair on the scalp is brown and straight. The irises appear brown with the pupils fixed and dilated. The sclerae and conjunctive are unremarkable, with no evidence of petechial hemorrhages on either. Both upper and lower teeth are natural, and there are no injuries of the gums, cheeks, or lips. There are no deformities, old surgical scars, or amputations. Rigor mortis is relaxed. The body appears to the Examiner as stated above. Identification is by toe tag and the autopsy is not material to identification. The body is not embalmed. The head is normocephalic. The eyes, nose, and mouth are not remarkable. The front of the neck and chest show injuries to be described below. The genitalia are that of a circumcised male. Examination of the posterior surface of the trunk reveals no antemortem traumatic injuries. A bluish-purple discoloration was found to be on the back side of the body. Page 39 Brookbend Medical Examiner Form 1-A Report of Autopsy Page 2 of 5

40 DESCRIPTION OF CLOTHING: The clothes were examined both before and after removal from the body. The decedent was wearing denim shorts, underwear, and a black cotton t-shirt. He was not wearing shoes. Blood splatter covered the Decedent s clothing. On the front, lower right side of Decedent s shirt, there was a 1 1/2 inch long slit-like tear. EVIDENCE OF INJURY: SHARP FORCE INJURY TO NECK: 1. Sharp force injury of neck, left side, transecting left internal jugular vein. This sharp force injury appears to be a stabbing wound. It begins on the left side of the neck, at the level of the midlarynx, over the left sternocleidomastoid muscle; it is gaping, measuring 3 inches in length with smooth edges. It tapers superiorly to 1 inch in length cut skin. Dissection discloses that the wound path is through the skin, the subcutaneous tissue, and the sternocleidomastoid muscle with hemorrhage along the wound path and transection of the left internal jugular vein, with dark red-purple hemorrhage in the adjacent subcutaneous tissue and fascia. The direction of the pathway is upward and slightly front to back for a distance of approximately 4 inches where it exits, postauricular, in a 2 inch in length gaping stab/incised wound which has undulating or wavy borders, but not serrated. Intersecting the wound at right angle superior inferior is a 2 inch in length interrupted superficial, linear incised wound involving only the skin. The direction of the sharp force injury is upward (rostral), and slightly front to back with no significant angulation or deviation. The total length of the wound path is approximately 4 inches. Opinion: This sharp force injury of the neck is fatal, associated with transection of the left internal jugular vein. SHARP FORCE INJURY TO CHEST: 2. Stab wound of right side of chest. Brookbend Medical Examiner Form 1-A Report of Autopsy Page 3 of 5 Page 40

41 The stab wound is located on the right side of the chest and 2 inches from the back of the body; it is vertically oriented and after approximation of the edges it measures 5/8 inch in length. Inferiorly there is a squared off or dull end approximately 1/32 in length; superiorly the wound is tapered. Subsequent autopsy shows that the pathway is through the skin, the subcutaneous tissue, and through the right 7th rib at the approximately midaxillary line where the rib is totally incised. Thereafter, it enters the right pleural cavity which at the time of autopsy contains approximately ml of predominantly liquid blood. The path is through the lateral base of the border of the right lower lobe as the path is through the pleura and the immediately subjacent pulmonary parenchyma which is hemorrhagic; the pleural wounds are approximately 1/2-3/4 inch in length; thereafter the pathway is from right to left and back to front and through the pleural cavity where the wound path terminates on the anterior rib cage where a 3/4 cutting wound is found on the posterior aspect of the right 4th rib anteriorly at the approximate midclavicular line; there is overlying bruising in the adjacent intercostal musculature. Estimated length of the total wound path is 4 inches and as stated the direction is right to left and back to front with no other angulation measurable. Opinion: This is a fatal wound associated with perforation of the right lung and a hemothorax. 3. In addition, there were several small wounds to both of the Decedent s hands. These were non-fatal, defensive type wounds. INTERNAL EXAMINATION The body was opened with the usual Y-shaped thoracoabdominal incision revealing the abdominal adipose tissue to measure 1/2 to 3/4 inch in thickness. The anterior abdominal wall has its normal muscular components and no blunt force injuries are evident. Exposure of the body cavities shows the contained organs in their usual anatomic locations with their usual anatomic relationships except as otherwise described above. Page 41 Brookbend Medical Examiner Form 1-A Report of Autopsy Page 4 of 5

42 INTERNAL EVIDENCE OF INJURY: Aside from the stab wounds of the neck and chest, there are no other internal traumatic injuries involving the thoracic or abdominal viscera. SYSTEMIC AND ORGAN REVIEW Autopsy findings, or lack of them, considered apart from those already stated. No abnormalities were found upon review. TOXICOLOGY A sample of right pleural blood as well as bile are submitted for toxicologic analysis. Stomach contents are saved. The toxicology report was negative. OPINION The decedent sustained multiple sharp force injuries, including multiple fatal stab wounds involving the neck and chest as well as non-fatal defensive wounds to the hands. The remainder of the autopsy revealed an otherwise healthy male with Down Syndrome. Page 42 Brookbend Medical Examiner Form 1-A Report of Autopsy Page 5 of 5

43 MURDER WEAPONS You will introduce the pictures of the two murder weapons. You are not to cut them out this year. Page 43

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