Mark Eugene Engle v. State

• Court: Court of Appeals of Texas
• Decided: March 16, 2015
• Docket: 06-14-00239-CR
• Status: Published

Opinion

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IHE STATB OI4_ T.EXAS

Warrant# f // :

GREET.INGS.’

YouAre Hereby~Cornmanded toA1'1'estMH(F(fGL'NE ENGLE if to be found 111 your ` Countg. and bringT~T 1_1`111 before me, a Justiee of the Pea`ce` 111 and for Precinct_'Na_m_b_er / _ _ l Place Number / of Hunt Co`uni’g" '1 exas', al my u]jice 111 Greeni)il[e in sach County, m ` immediately, then and there to_ answe1 '_IHE STAZ’E OF IM. wherein said Defendant ` is charged with the o]j‘ense of SEX UAL ASSA ULT being 'a` Felony 1n the State of TeAas of which he stands accused by the written c0111pla1nt under oath of Felzcia White ,ji_l_ed _

before `me.

Her_ein FailNot, but of this writ make due 1 e1111'11-, showing how y011 have executed the same. ~

Witness my o]j‘icial signature, this’ _L day of_ ___ _l__' __._.A D. 2012.

A/&MDPA S€&’/we / ~)1/ 4/ 11

IUST_IOE oF mE PEACE j Preci~nctNo. _/_, Place No _!__ Hu'n't Counz‘y, Texas '

"""`CL_IFne to hand the., " H»@’;‘atw elo`ck_f_£’_m and executedonthe@ daj._ of m 20 33 ai '1~`1<1111; ?¢». 11_,' by arresting the -wii‘h111 named 1 111 w w \ 5 >Q in /41,<»\1’-\‘ County, Texas,

and *ta_king his bond, acing him in jail at E‘¢§§;g gmmzr §`\`~. I actually and necessarl y ' ”__ miles 111 the service of this writ, in addition t`o

any other mileage I may have traveled 111 the 3e1 vice of other process in this cause during _ thesam_e_trip. . . . ,_ _ , ..

' FEES Makin Arrest $____ Randu Meelcs = ' f' _ Taking Bond ___ Hunt Coantu, Texas ‘ . .`.B attainmende Commitment ` » »- » . lgelml$y:, 1 O_nd 15 $ 5 1 _Releas'e ‘ "¢?

GPD Case Report_# 2012-2_6_498 _

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COM DLAHVT

CHARGE. SexualAssault In the Nam'e and by Authority of the State o/ l e'__xas

Before me_, the undersigned authority, on this day pe1 sonally appeared the undersigned g _

a]j‘iant, who after being by me duly sworn on oath deposes and says that she has good

reason to believe and does believe azj.dc_haz ge that FMH€EJGEAb E-NGLE cro”aboP~' ‘ " "

the 7th dayofDecemb_er- A. D. 2_012, and before the mal§ing and ftl ng. of thzs complaint, in :the Cou_nfy of Hunt, St`_ate -"'of 1_3xas`, d_id__ then and there intentionally and knowingly

sexually assault Jane Doe 2012-26498 by causing his sexual organ to penetrate the female _ -_ _ __

sexual organ of J ane Doe 2012-26498 u)1th`o11t her c on sent.

PROBABL E (.`A U_SE

On her oath ajj‘iantjurther deposes and says that she bases henhelzef of the foregoing upon the followzng . 4 - . .._V _

w i le Police Departvnent A]j.‘iant. Felicia White, has

been a certi]ied peace o]j€cer for %:~_13 §§ _ n ‘ _ a 21 1 rently holds aMasterPeace O*j€cer Ceri'ié£ate :_; f '

Ajj€ant has personal lcnowleage that o 1-`_:2/31111- 111 o_'f the crm"zinal o]jense oj Sexual Assault (V. T. C.A Penal Code 22 011)1$.((1}_14 1131 son commits an o]j”ense if the person. (1)

intentionally or knowingly (C') causes the sexual oz g_an of another person without that l 1 person’_s consent, to contact or penetrate the 1_nouth, anus, or sexual organ of another § ,

person, including the actor `

_Ajji`an_t was assigned as the investigating ojjice1_ of a zeported Sexual Assault that .

occurred on De'centber 7, 2012 at 5107_'[-30 R_oo_n_i -1_2`3 Motel 6 located in Gr`_eenville, Hunt __ . . - Coun_ty, Texas. Aj‘iant has reviewed .Gr een_ville Police Department_ Case Report 2012-_g. _ _

26498]€13€1 by Greenville Police Corporal Petrea #89 on December 7, 2012.

Said report states the following

On December 7, 2012 Greenville Police Corpo_1 al Victor Petrea #89 was dispatched to the d

' Greenville Police Department to contact a person in reference to a sex o]j‘ense. Corporal Petrea #89 contacted Greenville Police Sergeant Steve Walden who was talking to a person later identi_Hed as James Clark. Corp_oral Petrea observed a person who was later

"'ident~'lfied as dane Doe 2012-20498 sitting in a chair and was visibly_upset. Jane Dod ,- .

2012-26498 stated that she and a friend had come to _Cr_reenville to visit some people Jane ;_ __ __

Doe 2012`-26498 stated that she and her friend went to a 1 esidence 1n north G_reenville and left her friends child there. Jane D0320_12- -26498 stated that she and her friend then traveled to a residence 1n south Greenv'ille. lane Doe 2012- -26498 stated that while they

l

were at this residence a H.ispanic male and awhile male named Ma`rlc show'up. Mark 4 calls Jane Doe 2012-26498 outside and get her and the ’Hisp'anic'n"iale to`go to the store to “ get cigarettes Jane_'D`oe 2012-26498 we'nt"to an unknown gas-station `and got gas and cigarettes On the way back the Hisp'anic rnale- gets stopped by`i:z Troope_r. The:' Trooper 4 arrested the Hispanic male and impounds the _car. Jane Doe 2012-'26498 goes back _to.the residence.in south Greenville and finds he_rfi'iend.`_Jane Doe 2012-26498 and herfriend

, meet up`with Mark at. the Pilot Truek Stop `atI-`go¢and F;]\ll `1903§ Jane Doe 2012-26498 ' '

4 gets-in the car with Mark. Jane__003;2312§26498 describacMazilc-’s£a~resa.111'12t3'$::r `.-} 2 " ' ‘ ' f

_ door.that has suicide type doors. Jane` Doe2012¥264’98'sta`t3s~that‘a red Mustang_ arrived ` _

at the truck stop and -M ark exchanged drugs with the people in" the red f\/Iustang. Jane Doe " ` ' _ 1

:-2,_`012'-26498"stat3d.thatMark got back~,in‘th‘e'jcar-mid they began to travel toward `Wolfe' ' 5 "` " ' C“i meeting people to`sell drugs t_o. Jane`~0t132012-2:6498 stated thatMark drove down 'a-' - bacl< road and stopped the car._JaneDo'e‘211_12~26498 stated thatM ark exited the car and , opened her door and began to strangle Jane Doe 2012-2649':8 with his hands.` Jane Doe 2012-2649'8 stated that Mark then used _a. rope to tie her legs and a belt to tie her arms.. Jane Doe 2012-26498 stated?hat_fdark then drove to Motel~f6' where he rented a room. Jane Doe 2012-26498 stated that Mar_k.-un~ti`ed her so both ofthew got out of the car and . went inside Room 123._Jan_3 Doe 201-2-26_49_8 stated th t azi"?§‘ l§de the room thatM ark

4 began to sexually assaultJane-Do_'e 2_012,'~'264’9'8.1 “310 0 12-§.§6$¢` 8$tat3d thatshe was ' sexually assaulted vaginally,- anally a§§-»,`i'?_allz~.§lzan_. ~ ‘ 1 ~*-26498 stated she told Mark to stop that she begged hi tgs s j§ie D§§eg§§ "-26498 stated that she and.Mark left the room and traveled in@zej. r »11¢1`"1111§31&‘1‘3 several more-stops Jane Doe 2012- 26498 stated that Mark~brouc_ht' §a\l§k_ to `Mote.l 6 toiroom 123 and began sexually assaulting _hez:..again. _Jane Do '»~ 012326498 stated that M ark .;then.got her up and took'her

' t€)#é’€ie_ca>r and .t}..E;-;-.d;fol§e.ar_ou-ndnam)n'{(§_?"een.ville,`;.-Jane Doe 2012-264981stat3€1"' that;f'; Police car`gort behind ~M ark-at a stop sign and that is when she was dole to exit the car and leji the area. -]ane Doe 2012-26495_’ 11111s»ai11’e to contact Jarnes Clark. Jane Doe 2012- 26498. stated that she an'd~Jarnes Clark were on their way to Princeton when Jane`Doe 2012_-2_6498 began to tell`James Clark,~u_`)hat~happened. Jan_e Doe 2012-26498 stated that James. -Clark' turned his vehicle around and ' brought "her_" i`to?" the _-~Greenville " Police ‘ ” _ Departrnent. Jame"s`"Clark then took_ Jane `Doe‘ 201`2~26498 to Hunt Regional Medical ~' ' t

- C'enter where a sexual assault examination was done by 'a Sexual Assault Nurse . Examiner_ :. . . ~;-' '~ " ~ , . » `1' : .

`1

_ -- J_ane Doe 2012-26498 described»'-‘Mar "'-§as.fbei1`1g.Markfrom Wat_agua and that=he‘drove a' _.w_hite Saturn; Sergean-t'Steve Walden~»and-Narco`t`ics~Inve'stigato"r `.`Fason Smith traveled;to__‘» Motel 6 to look for the white Saturn._ -Sergeant'Walden_ located a white Saturn_ bearing Texas License Plate DJ7C316. Sergeant'-~Wal'den~-requested»`a"motor. vehicle registration- i' `- return from Greenville Police Dispat'eh.l `.-"Fhe .-.-`1;1')hit3 ‘Satu-_rn returned as: '2000»`Saturn_2_ door registered to M ark Engle 7628.Cedarhill: ' Ft. Wort'h;. Texas;- Sgt. Walden had a view 4' 1 j--ofRoom 123 and saw a white male fitting the-description that Jane Doe 2012-26498 had » ' :. .- 4 given Sergeant Walden.get out _of this"white- Satu'rnfan`d go into'room 123 "at M otel 6. Sgt._' ’ ' ' "Waiden"`oi)'served` th`e`veh`icle ~ leave?:`*the- 4?1"1;"51'31 parking lot and the white Satu;rn_ was - stopped for a trajj‘ic_violation. .The_driver.of.'the<'white Sat_u-rn was identi`]ied‘_as Marlc~ ' ` " Eugene Engle,, white male, date of birth'8~22'~'1968. '» ' '- ‘ " -

`l_

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53ka vi M~M 1

§w 3 O 0 SEARCH WARRANT

THE sTATE 0F TEXAS ' FAE§§ D ,".!:..€ c. COUNTY 0F HUNT EC ' § 33

THE STATE OF TEXAS TO THE SHERIFF OR ANY§PEKEE:OFFK§ER§©EHUNT coUNTY, TEXAS OR ANY PEACE OFFICER OF THE STAW_ 0F TEXAS, _ @.§;~ ---.__........_... Z:;'r:;lv\; '

GREETINGS :

» WHEREAS, THE AFFIANT WHOSE NAl\/IE APPEARS ON T_HE ATTACHED AFFIDAVIT IS A PEACE OFF.ICER UNDER THE LAWS OF TEXAS AND DID HERETOFORE THIS DAY SUBSCRIBE AND SWEAR TO SAID AFFIDAVIT BEFORE ME (WHICH SAID AFFlDAVIT IS HERE NOW MADE PART HEREOF FOR'ALL PURPOSES), AND WHEREAS I FIND THAT THE VERIFIED FACTS STATED BY AFFLANT IN SAID ' AFFIDAVIT SHOW THAT AFFlANT HAS PROBABLE CAUSE FOR THE BELIEF EXPRESSED THEREIN AND ESTABLISH 'EXISTENCE OF PROPER GROUNDS FOR ISSUANCE OF THIS WARRANT; NOW THEREFORE, YOU ARE COMMANDED TO ENTER THE SUSPECTED PLACE, PREMISIS, AND VEHICLE TO INCLUDE LOCKABLE CONTAINERS, AND SAFES WITHIN THE PLACE, PREMISIS, ' AND VEHICLE DESCRIBED IN SAID AFFIDAVIT AND TO THERE SEARCH FOR THE PERSONAL PROPERTY DESCRIBED IN SAID AFFIDAVIT AND TO SEIZE SAl\/IE AND BRING BEFORE NlE. _

FURTHER, YOU ARE ORDERED, PURSUANT TO TI~IE PROVISIONS OF ARTICLE 18.10, TEXAS CODE OF CRIM]NAL PROCEDURE, TO RETA]N CUSTODY OF ANY PROPERTY SEIZED PURSUANT TO THIS WARRANT, UN'I`IL FURTHER ORDER OF THIS COURT OR ANY OTHER COURT OF APPROPRIATE JURISDICTION SHALL OTHERWISE DIRECT THE MANNER OF SAFEKEEPING OF SAID PROPERTY. THIS COURT GRANTS YOU LEAVE AND AUTHORITY TO REMOVE SUCH SEIZED PROPERTY FROM THIS COUNTY, IF AND ONLY IF SUCH REMOVAL IS NECESSARY FOR THE SAFEKEEPING OF SUCH SEIZED PROPERTY BY YOU, OR IF SUCH REMOVAL IS OTHERWISE AUTHORIZED BY TI-[E PROVISIONS OF ARTICLE 18.10, T.C.C.P.', YOU ARE FURTHER ORDERED TO GIVE NOTICE TO THIS COURT, AS PART OF 'IHE INVENTORY TO BE FILED SUBSEQUENT TO THE EXECUTION OF THIS WARRANT, AND AS REQUIRED BY ARTICLE 18.10, T.C.C.P., OF THE PLACE WHERE THE PROPERTY SEIZED HEREUNDER IS KEPT, STORED AND HELD.

HEREIN FAIL NOT, BUT HAVE YOU THEN AND THERE THIS WARRANT W'ITHIN THREE DAYS, EXCLUSIVE OF THE DAY OF ITS ISSUANCE AND EXCLUSIVE OF THE DAY OF ITS EXECUTION, WITH YOUR RETURN THEREON, SHOWTNG HOW YOU HAVE EXECUTED THE SAME, FILED IN THIS COURT.

ISSUED THIS HLE7%1;AY OF 2 )_» .~A¢/ _A D., 20 \ LAT _(_/;~_ `ZSCLOCK_ /M Mp;e' €W

CERTIFY WHICH WITNESS MY HAND THIS DAY M

*Bistri@t Court Juildge Hunt County, Texas

Y::><)/\`,l>r¢ ’)`

72\-~§1@2»7&0§\//`¢ fw §-@MC'/L\ \/LcO

C~z@’>

THE sTATE oF TEXAS n § Saj 3 OO~

CoUNTY oF HuNr § 955 z 1 - AFFIDAVIT FoR sEARcH WARRANT "

C.A) r~o \'. 3

-.-\.\_

BEFORE ME, THE UNDERSIGNED AUTHORI`,I`Y PERSONALLY APPEARED THE AFFIANT HEREIN, A PEACE OFFICER UNDER THE LAWS OF- TEXA§_,___ WHO, BElNG~ DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS: § `

1. THERE IS IN THE CITY OF GREENVILLE, HUNT COUNTY, TEXAS, A SUSPECTED PLACE, PREMISES, AND VEHICLES DESCRIBED AND LOCATED AS FOLLOWS:

A two story tan stucco and wood motel complex with multiple rooms having a gray composite shingle roof with dark green and light green colored trim located on the east side of the 5100 block of interstate Highway 30 in the City of Greenville, Hunt County, Texas, More specifically room number 123. Motel room number 123 is located on the lower level of the building which is on the west side of the complex of the property. The front door to the room faces west. The room number 123 is currently rented in name of _Mark Engle. The room is specifically marked with visible numbers identifying it as 123 with dark colored numbers being affixed to the front door which is light green in color and faces west.

Including a white colored 2000 Saturn two (2) door vehicle displaying Texas license plate DJ7C316, Vehicle Identiiication Number IGSZY1275YZIO7854, registered to Mark Engle.

The suspected place includes the entire room found to be under the control of the persons described below in which evidence sought under this warrant could reasonably be hidden.

2. THE SUSPEC'I`ED PLACE AND VEHICLE IS IN CONTROL OF EACH OF 'l`HE1 FOLLOWING PERSON OR PERSONS:

Mark ENGLE, white male, date of birth 08/22/ 1968

3. IT IS THE BELIEF OF AFFIANT THAT SPECIFIC CRIMINAL OFFENSES HAVE BEEN COMMITTED, TO \VIT:

Aggravated Sexual Assault that occurred on or about December 7, 2012 in room number 123 of the Motel 6, located at 5100 Interstate 30`in Greenville, Hunt County,' Texas.

4. IT IS THE BELIEF OF AFFIANT THAT AT THE ABOVE DESCRIBED PLACE, PREMISES, AND VEHICLE IS THE FOLLOWING PROPERTY, ITEMS, AND/OR

PERS ONS :

Items utilized 1n the offense of Aggravated Sexual Assault offense consi_ t . fluids clothing items, towels, wash cloths, syringes, methamphetamine video cameras, cellular telephones, “SIM” cards for cellular telephones, computer items utilized for

bindings.

5. AFFIANT HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF' THE FOLLOWING' FACTS AND ClRCUMSTANCES:

Affiant, Felicia White, is a TCLEOSE certified Texas Peace Officer with more than 1500 training and education hours and holds a Master Peacc Officer Certificate. Affiant has been employed by the City of Greenville Police Departmcnt for more than 29 years and is currently assigned to the Cn`minal Investigation Division as an lnvestigator. Affiant has been assigned to the Criminal Investigation Division since December 1991. Affiant has experience and has received additional training in Ciiminal Investigation to include homicide investigation, sexual assault investigation, assault investigation, crime scene

investigation, and photography.

On December 7, 2012 Affiant reviewed Greenville Police Department Case Report 2012- 26498 written by Greenville Police Dcpartment Corporal Victor Petrea #89. Said report states that on Friday, December 07, 2012 at 1248 Corporal Petrea #89 was dispatched to contact a person at the Greenville Police Department in reference to a sex offense. Said report states that Corporal Petrea #89 arrived and contacted Greenville Police Sergeant Walden who was talking to a person later identified as James Clark. Said report states

, that Corporal Petrea #89`thcn saw a person who was later identified as_Jane Doe 2012- X 26498 (pseudonym name) sitting in a chair. Said report states that Corporal Petrea #89 noticed that Jane Doe was visibly upset. Said report states that from Corporal Petrea #89 speaking to Jane Doc, listening to James Clark` and'Sergeant Walden talk Corporal Petrea #89 found that on 12-06-2012 at about 2200 Jane Doe and a person named Brooke Addington came to Greenville to visit some people. Said report states that Brooke Addington brought a baby with her. Said report states that once in Greenville they went

to an apartment complex in the North part of Greenville to visit a person named Darren Rodgers who is a white male. Said report states that Brooke Addington decided that Brooke Addin on wanted to visit another person so Brooke Addington lett the baby with

g Darren Rodgers. Said report states that Jane Doe and Brooke Addington went to the South part of Greenville to visit an unknown male subject Said report states that once thcrc, an unknown Hispanic male and a person known as Mark showed up at this house. Said report states that Mark called Jane Doe out of the house. Said report states that Mark had the Hispanic male and Jane Doe go to an unknown service station to get some cigarettes Said report states that while at the service station they noticed that there was a

;_S’ite Highway Troo er in the parking lot. Said report states that as they were leaving, the Hispanic male drove erratic getting the attention o e rooper. ai report states that the Troopcr stopped thcm. Said report states that the T”gtL:r ended up arresting the

'Hispanic male on dru charges and towing the car they w_e_r_q_iii, Said report states that the Trooper took Jane Doe to a motef office Hiat was next to the service station. ai report states that a female employee at the motel took Jan€Doe back to the house where

" "_ Brooke Addington was at (thc house where Jane Doe was called out by Mark)‘._"Said` report states that once at this house, Janej)oc met up with Brooke Addington._ Said report states Jane Doe and Brooke Addington went back to Darren Rodgers' apartment to get the baby. Said report states that Brooke Addington called Mark because she wanted to meet up with him. Said report states that Jane Doe and Brook Addington went:to’ thief Mp at I-30 and F M.1903. Said report states that once there Jan_e lime and Brooke Addington met up with Mark. Said report states Mark gave Brooke Addington

- some gas money. Said report states tliat Brooke Addington left the tru_ck` stop leaving Jane Doe with Mark. Said report states that Jane Doe got into M";"'"'°’s“-Nehicle which _ Jane Doe described as a white Saturn 2 door at as suicidewt§;pe': oors, Said report

states that once inside the car a red Mustang arrived at the truck stop. Said report states tl;it`Mark exchanged drugs with the people in the red Mustang. Said report states that Mark got back in the car. Said report states that Mark and Jane Doe went toward Wolfe City meeting people to sell drugs to. Said report states that Mark drove down a back road and came to a stop. Said report states Mark exited the car, opened Jane Doe's door, and began to strangle Jane Doe with his hands. Said report states that Mark then used a rope to tie Jane Doe's legs to ether. Said report states that Mark used a belt to tie Jane Doe's imelmmas Said report states that Mark then ' drove to Motel 6 located at 5107 I-30. Said report states that once there Mark went to the Motel office and rented a room. Said report states that Mark went back to the car and drove around and parked in the motel parking lot. §aid report states that Mark got out of the car and got Jane Doe out of the car. Said report states that Mark took Jane Doe to a motel room. Said report states that Jane Doe believed the room was number 123. tSaid report states that once inside the room Mark began sexually assaulting Jane Doe. Said report states that Jane Doe could not go into detail about the assault. Said report1 states that Jane Doe was sexually assaulted for several hours. Said report states that at about 0400 on 12-07-2012 Mark and Jane Doe got back in Mark's car. 4 Said report states that Mark and Jane Do_e left Greenville because Mark wanted to sell drugs. Said report states that Mark made several stops but Jane Doe could not tell Corporal Petrea #89 where they stopped. Said report states that Mark took Jane Doe back to the Motel room and began sexually assaulting Jane Doe again. Said report states that Jane Doe said that this time was worse that the other time. ”S_aid report states that Jane Doe said that Mark was using a hand held video camera and was recording the assault S_aid report states that Jane er said that Jane Doe noticed a comp_uter in the room that had a lens mounted on it. Sai_;d: mt this led Jane Doe to believe that Mark was streaming the assault on the ’Ihternet. Said re ort states that also began using Jane Doe's cell phone to call eo le. Said report states that after this assault Mark placed Jane Doe back in the car. Said report states that Mark drove around town. §aid report states that as Mark Was driving around town a Police car got in behind Mark's car. Said report states that Mark came to a stop sign and Jane Doe took this moment to` jump out o or exit the car. Sai 'report states that Jane Doe left the_.area. Said report states that JBe Doe then called a person Jane Doe and Jane Doe’s mother used to live with who is named Jarncs Clark. Said report states that Janies Clark was in McKinney Texas when Jarnes Clark got a call MLI)_<_)_(_¢_. Said report states that Jane Doe requested that James Clark meet Jane ', Doe in Farmersville. Said report states that as Jaines Clark got`to Farmersville James Clark got another call from Jane Doe requesting James Clark to meet Jane Doe at the _Valcro station. Said report states that as James Clark got close to that area, ane Doe . called and requ_ested James Clark to meet Jane Doe at the square in Greenville Texas. Said report states that J ames Clark came to Greenville Texas and &md Jane Doe walking lon an unknown street in down town Greenville. Said report states that Jane Doe got in James Clark's vehicle. Said report states that James Clark was on James Clark’s way to 4 Princeton Texas when Jane Doe began telling James Clark about what occurred to Jane Doe. Said report states that Jarnes Clark turned around and brought Jane Doe to the.{;‘$(g Greenville Police Department. Said report states that when Corporal Petrea #89 wa§é: `°'g" mm$aid report states that Jane Doe also said that during`»he,r"' time at the Motel Mark kept shooting drugs into her body. Said report states that lames Clark took Jane Doe to the Greenville Hospital for treatment Said report s ‘_ ' at the hospital, Jane Doe told Corporal Petrea #89 that while Jane ,D" and Brooke §Sld_ingtgnw in Greenville they went in half to buy a Green 125 m .,¥amaha Said report states\ that Jane Doe stateZFthat while Jane Doe was being etctatnedF by the Trooper

at that service station, Mark removed the 125 mini Yarnaha from Brooke Addington's car. Said report states that this was all the information Corporal Petrea #89 could get from Jane Doe due to Jane Doe having pain and due to possible mental stress. Said report states that Holly with the Greenville Crises Center met Jane Doe at the hospital. Said report states that a Sexual Assault Nursc Examiner arrived on scene to assist Holly and

Jane Doe.

On December 7, 2012 Affiant spoke ~with Corporal Petrea #89 and Corporal Petrea #89 told Affiant that Jane Doe told Corporal Petrea #89 that Mark is a forty (40) year old white male with a long tattoo of a naked woman on Mark’s back and skulls tattooed on

Mark’s forearrns.

On December _7, 2012 Aft`iant spoke with Holly 'Robinson, Executive Director of the Crisis Center of Northeast Texas, who had spoken with Jane Doe at Hunt Regional Medical Center in Greenville while acting as a Sexual Assault Advocate. Holly Robinson provided information pertaining to Holly Robinson speaking with Jane Doe about the sexual assault, According to Holly Robinson Jane Doe told Holly Robinson that Mark penetrated the mouth, vagina, and anus with Mark’s penis, and that Mark had ejaculated on the stomach, vaginal area,. and the back of Jane Doe while in room number 123 at the Motel 6 in Greenville. Jane Doe told Holly Robinson that Jane Doe was restrained during the entire assault. Jane Doe told Holl binson that Mark had in'ccted what Jane Doe believed tW)e Methamphetamine into the vagina of Jane Doe. Jane Doe told Holly Robinson that Mark had injected Methamphetamine into Mark’s neck and could not complete the injection so Mark made Jane Doe finish injecting the Methamphetamine into Mark’s neck. Jane Doe told Holly Robinson that Mark had shaved all of the hair off of Jane Doe’s head with a set of face clippers. Jane Doe told Holly Robinson that Jane Doe remembered Mark sching Jane Doe to clean Jane Doe. Holly Ro inson told Afliant that

On December 7, 2012 Ai`i‘iant spoke with Greenville Police Department Criminal Investigation Division Sergeant Steve Walden #92 on the telephone Sgt Walden #92 told Affiant that on December 7, 2012 at or about 32 44 a. m. Mark Engle had rented room number 123 at the Motel 6 located at 5107 Interstate 30 in Greenville, Hunt County, Texas. Sgt Walden #92 also told Affiant that there was a white 2000 Saturn 2 door car displaying Texas license plate DJ7C316 parked on the north side of Motel 6, located at 5107 lnterstate 30 in Greenville, Hunt County, Texas. Sgt. Walden #92 told Afiiant that at approximately 3:00 p.m. Sgt. Walden #92 observed a white male and white female exit the said vehicle and enter into room number 123. Affiant has reviewed a registration return on license plate DJ7C316 that was ran by Greenville Police Department Dispatch. Said registration return shows Texas license plate DJ7C316 to return to a 2000 white Saturn 2 door to Mark ENGLE with an address of 7628 Cedarhill in Fort Worth, Texas. l Sgt. Walden #92 told Affiant that Sgt. Walden #92 had Greenville Police Department Dispatch run a check on the name Mark ENGLE and Dispatch located information for/:f ¢,\ Mark ENGLE. Affiant has reviewed a driver’ s license and criminal history returnth , was ran on Mark ENGLE, a white male date of birth 08/22/ 1968 Said history£sh n -tliat ii Mark ENGLE has Texas Driver’ s License 11662971 and that Mark ENGLE-131 ,i:a 7628

`lled substance,

arrested for assault, dangerous drugs, manufacture/deliveri. c` `o ntrolled substance

possession of marihuana, possession of amphetamine, possessfo`

@_ _

analogue, evading arrest or detention, carrying prohibited weapon, and driving while license suspended

Affiant believes that due to the nature of the person(s) at the motel room, and the possibility that weapons may be stored at the motel room, Affiant asks, that should said search and arrest warrant be issued, that Aff`iant and other Peacc Officers serving said warrant be allowed to utilize a “no knock ” entry, based upon the possibility of weapon(s) being kept in the motel room to help ensure the safety of said Officcrs serving said

warrant.

The Af`fiant believes that the disclosure of the existence of this Affidavit, the requested Warrant or facts relating to its service could impede the investigation being conducted and endanger the officers serving such Warrant, Aff`iant therefore requests that this Affidavit and any such Warrant issued there from be sealed until execution of any such Warrant, but in not longer than five (5) days from the date such warrant is issued. `

Aftiant has personal knowledge that under the Texas Code` of Criminal Procedure Chapter 18 SEARCH WARRANT Article 18.02 States “A search warrant may be issued to search for and seize (10) property or items, except the personal writings by the accused, constituting evidence of` an offense or constituting evidence tending to show that a particular person committed an offense

Wherefore, affiant asks for issuance of a warrant that will authorize her and odier officers to search said suspected place premises, and vehicles for the property described above d seize

game _ ~z§;£t` //,c/

Affiant / D SUBSCRIBED BEFORE ME BY SAID AFFIAN ON THIS THE 7 0:¢‘

M@{¢/

, 29'1'1. 30 ( \»- ~7% §§ deed$/\

district Court Judge`& ' _‘_ee\.'. Hunt County, Texas de "" €__¢""7' § 331;¢; 113

§ \' n

12/21/2012 15203 FAX 9034536870 HUNT CO JAIL .005/009

COURT OF ORIGIN n ‘ ' l Check appropriate box: -/ \/ Warrant l:l _ - » _ 4 Warrantless 13

ARREST-COMPLA{N'.I` / PROBABLE CAUSE

THE STATE 0F weis , - MISDEMEANOR; |:] l:] L__] , c 13 A CGUNTY OF HUNT _ _ _ sure JAIL tamm [:l FELoNY; >I¢ [:] 3 2 1

, cAPrrAL reinNY [| The undersigned qjiant, a peace gifch under zhe- laws .af the .SVale~aj`Tera:, and being duly sworn on oath makes the following .,complain¢ md siareman¢ offact. Thz‘.s' ojicer had'persana/ knuwl¢»llge qfrhc_/bllnwingfacfs and hereby charges that.-

DEFENDANT: Mark Eugene Engle A [ .1AS:

' D'GB: 08-22-68 DL#: }1&2971 SS#: 59_6_-13-3897 `

. RACE: White SEX: _M;l.l_e -HE_IGI~I'].`: 5_0._5_ . _. WElGl-l'l`: L]_Q HAIR: Brown EYES; _I-_I_?dl ADD : 7628 Cedarhi'll Rd., `(Il-'l"Y' _Wataugg STATE: _Tl Onthe day of ~ ` Dember, 1012 ¢ at l_QQ p_.m. in

. ,M Hunt Counly Texas, did then and there unlawfully r'c)mmil th<_r q[fen.s'e ofMangV_wt_g;e and Deliv§iy of Contro!led Substance RM Grogp 1 >4<200 grams

.l¢»’ Based on the following facts and circumstances 011 lZ-OZ-ZO\ 2, a search warrant was executed ar 5109 I-30 .r'oom #123 in' Greenville Texast The search warrant included a' white saturn bearing Tx. L.P. DJ7 C316 which is registered to MARK ENGLE. EN§T§§ left the motel room prior to the search warrant being executed but was arrested on traffic charges in the white Satum bearing "l`x. L.P. DJ 7 C3 16. The white Saturn bearing Tx. L.P. Dl7 C316 was taken to the Greenville Police Stalinn -t`or processing During the processing of said vehicle ' approximately 5 grams of "ICE" methamphetamine along with packin materials scales and a syringe with 35 dose units of what is believed to be methamphetamine was located in _ locked eontainer)_ When ENGLE was lfirst asked for the combination to the eontainer.he denied any knowledge of the container being in his vehicle. Tater, during his interview and after he was rea'd.his Mirandn warning he acknowledged thatDe conU?W" approximately 3 grams of "ICE" methamphetamine and a syringe with methamphetamine in it as well. ENGLE also stated that he sold drugs and generally profited $500 to $600 per week. 7

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WHEREFORE. Aj'iant prays that probable cause he llc/lermincd la exist and an arrest warrant be issued _Q_I_t_

' T}IA T DEFEND l E CO:%TO J/'iI/,. l ' SMM " z ' 6/`¢3€/1¢//`//@ 10. A

AFFIANT '/ A¢;)¢N<:Y Swarn to and subscribed to before me by the said aj?anl nn mm 3 da_v al DEC‘ _ 2012_

12/21/2012 15203 FAX 9034538870 v ,HUHT C(J JAIL @008/008

/- \/ ~`,/ / . ()F]“'l(`ER ()li'v GENT, STATE OF TEXAS OR l) ER On this 3 -day of_ng-_¢M_h~(,l__;, 20 {L;the above matter and the defendant were presented and aepeared befbre me

end after examining the same, it is found that: ,[:] NO probable cause exists. Def=ndmt is 0RDERED RELl-;Asl~:l') instantly dwigbe misc exam n is onean that B’éomttrmenr sHALL issue AND me ):)EFENDAN'|' ee-MA¢ul<_ /l»L°’l(,/U\, _ _ '- ' _ . mGISTnATE, ._ . 7 ing b/ _ ' _ OFFICE. _ ` ' l:] JAlL'cOPY/ [:] MAGm'rlt/\'l'\" col'\'./ |:I L)FFICER coPY

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WRIT NO. 07259 (Sexual Assault) STATE OF TEXAS § IN THE DISTRICT_ COURT - § vs. - § 354th JUDICIAL DISTRICT 4). ‘ § MARK ENGLE § HUNT COUNTY, TEXAS / 7 MOTION FOR EXAMINING TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

NoW comes MARK ENGLE, Defendant, by and through undersigned counsel, and respectfully requests that this Court hear an examining trial pursuant to Chapter 16 of the Texas Code of Criminal Procedure, and in support thereof shows the following:

l. MARK ENGLE is presentlyl incarcerated in the HUNT County Jail charged by complaint With the felony offense of SEXUALv ASSAULT is unable to make bond at the present time and has not yet been indicted in this case.

2. MARK ENGLE requests an examining trial "to examine into the truth of the accusation made", as required by Article 16.01l of the Texas Code of Criminal Procedure.

WHEREFORE, PREMISES CONSIDERED, MARI€ ENGLE prays that the Court grant this Motion For Examining Trial. l

Respectfully submitted, Carol Day Gustin 2611 Lee Street

P.O. Box 1053 Greenville, Texas 75403

By: 01'»@(£0`/1)\\§{:»\., Carol Day Gustin State Bar No. 24004313 Attorney for MARK ENGLE

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CERTIFICATE OF SERVICE This is to certify that on January l7, 2013, a true and correct copy of the above and foregoing document Was served on the District Attorney's Office, Hunt County, Texas, by hand

delivery.

Carol Day Gustin -

WRIT NO. 07259 (Sexual Assault)

STATE OF TEXAS § IN THE DISTRICT COURT vs. § 354th JUDICIAL DISTRICT MARK ENGLE § HUNT COUNTY, TEXAS 0 R D E R On , 20l3, came on to be considered MARK ENGLE's Motion for

Examining 'l`rial, and said motion is hereby

(Granted) (Denied)

JUDGE PRESIDING

WRIT No. 07259 (MAN DEL C/s < 400gm)

STATE OF TEXAS § IN THE DISTRICT COURT §

vs. § 354th JUDICIAL DISTRICT v § MARK ENGLE §

HUNT COUNTY, TEX¢,S§S*

MOTION FOR EXAMINING TRIAL TO THE HONORABLE JUDGE OF SAID COURT:

NoW comes MARK ENGLE, Defendant, by and through undersigned counsel, and respectfully requests that this Court hear an examining trial pursuant to Chapter 16 of the Texas Code of Criminal Procedure, and in support thereof shows the following:

1. MARK ENGLE is presently incarcerated in the HUNT County Jail charged by

complaint With the felony of nse of MANUFACTURE DELIVERY OF A CONTROLLE

00 m or more but less than 400gm. MARK ENGLE is unable to make bond at the present time and has not yet been indicted in this case.

2. MARK ENGLE requests an examining trial "to examine into the truth of the accusation made", as required by Article 16.01 of the Texas Code of Criminal Procedure.

WHEREFORE, PREMISES CONSIDERED, MARK ENGLE prays that the Court

grant this Motion For Examining Trial.

Respectfully submitted, Carol Day Gustin

2611 Lee Street

By: &"“Q@'/%_lr:\_ Carol Day Gustin ' `

State Bar No. 240043~13 . .. _ vi Attorney for MARK ENGLE ' ~ ~

CERTIFICATE OF SERVICE This is to certify that on January 17, 2013, a true and correct copy of the above and foregoing document Was served on the District Attorney's Office, Hunt County, Texas,` by hand

WC@);T:»\__

Carol Day Gustin

STATE OF TEXAS

VS.

MARK ENGLE

On

No. 07259 (MAN DEL C/s < 400gm) § IN THE DISTRICT COURT § 354th JUDICIAL DISTRICT § HUNT COUNTY, TEXAS oRDER

, 2013, came on to be considered MARK ENGLE's Motion for

Examining Trial, and said motion is hereby

Exh`lil~t ' 87 @Fclar_ \@\/OWL

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NO. 07259(MAN DEL C/S < 400gm)

STATE OF TEXAS § IN THE DISTRICT COURT vs. § 354th JUDICIAL DISTRICT '§ MARK ENGLE § HUNT COUNTY, TEXAS ORDER ON EXAMINING TRIAL On , the Magistrate heard matters alleged against MARK ENGLE and finds:

1. MARK ENGLE is charged with the offense of MAN DEL C/S < 400gm.

2. Probable cause does y exist to proceed further with matters against MARK

Signed on ¢/& ’ 3

OR\G\NAL S\GNED BY R\CHARD A. BEACOM JR. . JUDGE

MAGISTRATE

E>1 1114

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STATE OF TEXAS ` §

CoUNTY oF HUNT §

AFFIDAVIT OF FACT

BEFORE ME, Linda Guyton, a Notary Public in and for said County, State of Texas, on this day personally appeared Katlin Wells. Who, after being by me duly sworn, on oath deposes and says: My name is Katlin Wells. l am 24 years old. l live at 2763 CR 1051, Celeste, Texas 75423. My phone number is l- 469-474-3903

At this time 1 wish to make known the following facts:

On December?, 2012, Mark Engle came to my mothers house Sherri Tatum at around 3:00 p.m. We drove straight to motel 6. We sat for a while talking He gave me 30.00 to get us Something to eat and a pack of

cigarettes He got up to take a shower. 1 got back from McDonalds and he was getting finished with his 1 shower. When he came out of the bathroom he was fully dressed. After we got done eating, lt was around ld:OO P.m. Mark needed to met a friend across town and go to Dallas. About an hour later the police Showed up. l answered the door and They sat me in a chair as they starting going through his items. _They where searching for drugs. l told them there wasn’t any drugs here. They did not fmd any drugs. They starting asking me questions, such as if Mark and I was having sex?'l told them no. They wanted to know if they got the sheets tested what they would find? Mark was a perfect gentlemen and was never inappropriate with me

at any time. The police arrested me on an outstanding warrant

_ , ‘ ,4 ` \ AFFiANT; M,UCQX/Yl /i/UUQ$

suBsCRiBED AND swoRN before me this/the .-;¢f‘___} day of, 4 1 h ,2013. /

,../_

L/ Nor RY PUBLiC,sT oi= TEXAS

LlNDA GUYTON

My Comm|sslon Exp|m January 31. 2015

Introductory Certification

Joe Michael Dennis, the Undersigned AHiant, hereinafter “Aifiant,” does hereby solemnly swear, declare, and state as follows:

1. Affiant is competent to state the matters set forth herewith.

2. AHiant has personal knowledge of the facts stated herein.

3. All the facts stated herein are true, correct, and complete in accordance with AHiant’s best firsthand knowledge and understanding, and if called upon to testify as a witness AH`iant shall so state.

Plain Statement of Facts

4. On December 9, 2012 I drove Mary E Jordan to the Motel 6 in Greenville, TX , to pick up personal property left in the room, rented to Mark E Engle, prior his arrest. Mary and I met with the owner/manager who told us the room had been cleaned and the items bagged. She asked him for a copy of the search warrant and a police list of the items taken. He stated he had neither as the Greenville police had only shown him their badges and demanded entrance to the room. He again stated they left nothing When they came or when they left. He told Mary she would have to give him $10 to pay for the shower curtain the police ripped out of the bathroom, which she did. I then drove around to the side of motel where he had instructed us to go, to the maids work room. The maid told us she was there when the room was cleaned. Mary asked if she found any paperwork from the Greenville police and she said there was nothing from them. In our examination of the three garbage bags, as we put them in the vehicle, we found only clothes and other personal hygiene products, no paperwork from the police.

Verification The Undersigned Ai.’t`iant, Joe Michael Dennis, does herewith swear, declare, and affirm that Affiant issues this Affidavit of Fact with sincere intent, that AH`iant is competent to state the matters set forth

herein, that the contents are true, correct,'complete, and certain, admissible as evidence, and reasonable and just in accordance with Affiant’s best firsthand knowledge and understanding

This Affidavit of F act is dated the Twenty third day of the Twellth Month in the Year of our Lord Two Thousand Thirteen.

Joe Michael De `s Date Date

Notary: , /Jed(,mlM U l')`/’@"[z ' ' "7/?,¢ 'JW\)>F 1 %l/ 3 3/ / 3

State of Ws County of .l_§/Y”_V.M&`

.. z MY COMMlSSlON EXPlRE$

This instrument was acknowledged before me on 3dayof 131 ,)M@by

..'?

“‘ M@/‘

Notan'PUSEW/| / § ""`1

November 20. 2017

r'lQR-E@~E@13 13126 Frorn: 2145728721 4 F’aae~ 2 1/1

Wednesday, March 20, 2013

I Lisa King and Kathy O’Connor do solemnly swear that there was no search warrant in the white Satum belonging to Mark Engle, when Kathy O’Connor and I' picked it up from the Police impound. '

- h \ W€A aj L'sa lGng l

UW%\ D(GDWL

Kathy O‘Connor 6

R)b€r'to Martinez. "Notary Public ( am)n/ r,v/A

/ Fxp/fer

In_troductory Certification

Mary E Jordan, the Undersigned Affiant, hereinafter “AH`iant, ” does hereby solemnly swear, declare, and state as follows:

1. Affiant is competent to state the matters set forth herewith.

2. Affiant has personal knowledge of the facts stated herein. -

3. All the facts stated herein are true, correct, and complete in accordance with Affiant’s best firsthand knowledge and understanding and if called upon to testify as a witness Affiant shall so state.

Plain Statement of F acts

4. On December 9, 2012 I was driven to the Motel 6 in Greenville, TX , by Joe Michael Dennis to pick up personal property left in the room, rented to Mark E Engle, prior his arrest Mr Dennis and I met with the owner/manager who told us the room had been cleaned and the items bagged. I asked him for a copy of the search warrant and a police list of the items taken. He stated he had neither as the Greenville police had only shown him their badges and demanded entrance to the room.`He again stated they'left nothing when they came or when they left. He told me I would have to give him $10 to pay for the shower curtain the police ripped out of the bathroom, which I did. Mr Dennis then drove around to the side of motel where he had instructed us to go, to the maids work room. The maid told us she was there when the room was cleaned. I asked if she found any paperwork from the Greenville police and she said there was nothing from them. Mr Dennis was present when the maid told me this. In our examination of the three garbage bags, as we put them in the vehicle, we found only clothes and other

personal hygiene products, no paperwork from the police.

Verification

The Undersigned AH`iant, Mary E Jordan, does herewith swear, declare, and affirm that AH`iant issues this AH`idavit of Fact with sincere intent, that Affiant is competent to state the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, and reasonable and just in accordance with Affiant’s best firsthand knowledge and understanding

This AHidavit of Fact is dated the Twenty third day of the Twelfth Month in the Year of our Lord Two Thousand Thirteen. .

_.__-~_Mary E J or Date Notary: rv Date //§ W”[Zj// /Z /25//? “§

étate of Texas

County of I§=L\/_.UUX/X`

Tnis instrument was acknowledged before me on 555 gay of 1 01 ,15~.\’)13 by

ear Sd._@;\_%/_“j

1121 S¢cnatu among nom

z "= '_ MY COMM|SSION EXP|RES ‘ November 20. 2017