amelie hodges forensic files: the case of the...

AMELIE HODGES’ FORENSIC FILES:

THE CASE OF

“THE PENNY PARK PLACE

PERPETRATOR”

THE STATE OF TEXAS

V.

GREG SHEARS

2013 - 2014 TRIAL COURT CASE

By: Ashley L. Myrick

Final Version – September 2, 2013

Dear Judicial Delegates,

It is both my privilege and honor to welcome you to the 2013-2014 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 2013-2014 Attorney General

http://www.brainyquote.com/quotes/authors/v/vince_lombardi.html

http://www.brainyquote.com/quotes/quotes/v/vincelomba125250.html




Table of Contents

Letter from Attorney General, Cameron Burleson.………………………………………………..2

List of Witnesses and Documentary Evidence……….………………………………………………4

Indictment....………………………….………………………………………………………….……………………5

Applicable Statutes and Laws.……………………………………………………….……………………6-7

Witnesses for the Prosecution

Detective Sergeant Amelie Hodges.…………………………………………….………………8

Dr. Joshua Sapp..…………………………………………………………………….……………………9 Mary Smirnis..……………………………………………………………………….………………10-13

Witnesses for the Defense

Teddy Barbour………………………………………………………………….……………………14-17 Dr. Brianna Auten…………………………………………………………….……………………18-21

Greg Shears.…………………………………………………………………….……………………22-25 Hodges Miles.…………………………………………………………………….……………………26-27

Exhibits.………………………………………………………………………………………………………….28-46

Police Report..………………………………………………………………………………….…..28-31

Diagram of Penny Park Place……………………………………………………………….…..32 Diagram of Millie Sanders’ trailer……….………………………………………………….…33

Autopsy Report of Millie Sanders…………………………………………………………34-37 Autopsy Report of Tommy Sanders.……………………………………………………38-42

Murder Weapons.…………………………………………………………………………………43-45


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”


No. 3216 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. 2013 of the 108th 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 4th 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


APPLICABLE TEXAS STATUTES

Texas Penal Code Sec. 19.01. 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. 19.02. 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. 19.03. 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. 12.31. 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.


Texas Penal Code Sec. 12.32. 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. 38.36. 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.


AFFIDAVIT OF DETECTIVE AMELIE HODGES

STATE OF TEXAS §

COUNTY OF COCO §

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 1997. 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 2011. 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

________________________________ Detective Sergeant Amelie Hodges

SUBSCRIBED AND SWORN TO BEFORE ME, this the 29th day of July, 2013 _________________________________

NOTARY PUBLIC, State of Texas

Reagan D’iané Notary Public, State of Texas

My commission expires November 12, 2013


AFFIDAVIT OF DR. JOSHUA SAPP

STATE OF TEXAS §

COUNTY OF COCO §

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.


_________________________________

Dr. Joshua Sapp

SUBSCRIBED AND SWORN TO BEFORE ME, this the 10th day of July, 2013

_________________________________ NOTARY PUBLIC, State of Texas




AFFIDAVIT OF MARY SMIRNIS

STATE OF TEXAS § COUNTY OF COCO §

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 2013. 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.


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 2013. 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


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


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 4th festivities.

We were home all day and night and didn’t see anyone until Greg came over and banged

on my door.


_________________________________ Mary Smirnis






AFFIDAVIT OF TEDDY BARBOUR


My name is Teddy Barbour. I am over the age of 18 years and I am otherwise





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 2012. 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


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 4th, 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 4th 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


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, 2013.

I blame myself for not immediately hanging up the phone and calling the police as soon


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.


____________________________ Teddy Barbour






AFFIDAVIT OF DR. BRIANNA AUTEN

STATE OF TEXAS §

COUNTY OF COCO §

My name is Dr. Brianna Auten. I am over the age of 18 years and I am otherwise





I am a Professor of Pharmacology and Toxicology at the University of Texas in

Austin. I have held this position since 1995. 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


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 Reduction rate

BAC at 9:30 p.m. on July 4

BAC at 12:00 a.m July 5

BAC at 5:30 a.m. 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


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,


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.

SIGNED THIS THE 1st day of August, 2013

_________________________________ Brianna Auten, M.D., Ph.D.

SUBSCRIBED AND SWORN TO BEFORE ME, this the 1st day of August, 2013





AFFIDAVIT OF GREG SHEARS, LPC


My name is Greg Shears. I am over the age of 18 years and I am otherwise fully





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 2013. 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 4th 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


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 4th, 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 4th 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 4th 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.


I don’t remember anything after 8:00 p.m. on July 4, 2013 until after midnight on

July 5, 2013. 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


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.


_________________________________ Greg Shears






AFFIDAVIT OF HODGES MILES


My name is Hodges Miles. I am over the age of 18 years and I am otherwise fully





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


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.


_________________________________

Hodges Miles






Brookbend Police Department Initial Police Report

Case #: 13-123456 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.


Case #: 13-123456 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, 2013. 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


Case #: 13-123456 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.


Case #: 13-123456 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


*Shaded areas between trailers indicates grassy areas


* = Bloody handprint ∆ = Tommy’s body found

□ – Millie’s body found

REPORT OF AUTOPSY


Decedent Age Birth Date Race Sex Case No

Millie Sanders 43 April 1, 1970 C F 13-123456

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

Brookbend Medical Examiner Form 1-A Report of Autopsy Page 1 of 4


EXTERNAL EXAMINATION

DESCRIPTION

Height Weight Eyes Hair Rigor Livor Body Heat 5’5” 115 lbs Blue Blond 0 1 96◦ 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



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. On

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. 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.



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.



REPORT OF AUTOPSY

Decedent Age Birth Date Race Sex Case No

Tommy Sanders 24 January 20, 1989 C M 13-123456

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



EXTERNAL EXAMINATION

DESCRIPTION

Height Weight Eyes Hair Rigor Livor Body Heat 5’10” 190 lbs Brown Brown 0 1 96◦ 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.



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, post-

auricular, 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.



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 100-200 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.



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.



MURDER WEAPONS

You will introduce the pictures of the two murder weapons.

You are not to cut them out this year.