strack search warrant affidavit

8/10/2019 Strack Search Warrant Affidavit

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- Page 1 of Search Warrant No. 1303215 -

_________________________________________________________________

IN THE FOURTH DISTRICT COURT - ALL DEPARTMENT

IN AND FOR UTAH COUNTY, STATE OF UTAH

_________________________________________________

SEARCH WARRANT

No. 1303215

COUNTY OF UTAH, STATE OF UTAH

To any peace officer in the State of Utah:

Proof by Affidavit made upon oath or written affirmation subscribed under criminalpenalty of the State of Utah having been made to me by Detective JEFFERY MELLSWORTH of Springville Police, this day, I am satisfied that there is probable causeto believe

THAT

On the premises known as 954 East 900 South Springville, Utah 84663, furtherdescribed as A duplex home with white siding, and gray brick, with a white doorthat faces north and the numbers 954 in black on the front of the home. The

residence faces north, and the duplex home is on the east side of the building.There is a garage on the east side of the building, with two vehicles parked inthe driveway.;

On the vehicle(s) described as: A green Dodge Ram identified with plate #Z203GKand Light Blue Buick Century identified with plate #C516DE.

There's also a camper located at the home. The camper is described as a smallcamper that sits in the back of a pickup truck, but is not currently attached to anyvehicle.;

In the City of Springville Utah, County of Utah, State of Utah, there is now certainproperty or evidence described as:

Any information that would lead to evidence of the reason for the deaths,including notes, cell phones, computers, pictures, electronic media, householditems.

and that said property or evidence:


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- Page 2 of Search Warrant No. 1303215 -

Was unlawfully acquired or is unlawfully possessed;

has been used or is possessed for the purpose of being used to commit orconceal the commission of an offense; or

is evidence of illegal conduct.

Affiant believes the property and evidence described above is evidence of the crimeor crimes of Unattended Death, Murder (UCA 76-5-203).

YOU ARE THEREFORE COMMANDED:

to make a search of the above-named or described premises for the herein-abovedescribed property or evidence and if you find the same or any part thereof, to bring itforth with before me at the FOURTH DISTRICT COURT - ALL DEPARTMENT, Countyof Utah, State of Utah, or retain such property in your custody, subject to the orderof this court.

Dated: 27th day of September, 2014 @ 11:56 PM /s/


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- Page 1 of Affidavit for Search Warrant No. 1303215 -

_________________________________________________________________

IN THE FOURTH DISTRICT COURT - ALL DEPARTMENT

IN AND FOR UTAH COUNTY, STATE OF UTAH

_________________________________________________

AFFIDAVIT FOR SEARCH WARRANT

STATE OF UTAH ) :ssCounty of Utah )

The undersigned affiant, Detective JEFFERY M ELLSWORTH of Springville Police,

upon an oath or written affidavit subscribed under criminal penalty, declares:

That your affiant has reason to believe:

THAT

On the premises known as 954 East 900 South Springville, Utah 84663, furtherdescribed as A duplex home with white siding, and gray brick, with a white doorthat faces north and the numbers 954 in black on the front of the home. Theresidence faces north, and the duplex home is on the east side of the building.There is a garage on the east side of the building, with two vehicles parked in

the driveway.;

On the vehicle(s) described as: A green Dodge Ram identified with plate #Z203GKand Light Blue Buick Century identified with plate #C516DE.

There's also a camper located at the home. The camper is described as a smallcamper that sits in the back of a pickup truck, but is not currently attached to anyvehicle.;

In the City of Springville Utah, County of Utah, State of Utah, there is now certainproperty or evidence described as:

Any information that would lead to evidence of the reason for the deaths,including notes, cell phones, computers, pictures, electronic media, householditems.

and that said property or evidence:

Was unlawfully acquired or is unlawfully possessed;


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has been used or is possessed for the purpose of being used to commit orconceal the commission of an offense; or

is evidence of illegal conduct.

Affiant believes the property and evidence described above is evidence of the crimeor crimes of Unattended Death, Murder (UCA 76-5-203).

The facts to establish the grounds for issuance of a Search Warrant are:

That I, Officer Jeff Ellsworth, am a peace officer for the Springville PoliceDepartment, of Springville, Utah County, Utah, and have been for approximatelyseven years. I am currently assigned to the investigations Division in chargeof Fraud investigations. Prior to my seven years as an officer in the state ofUtah, I graduated from Utah Police Officers Standards and Training academylocated in Sandy Utah. I worked three and a half years as a patrol officer and

approximately 18 months as a Sex Crimes Detective. I have also worked severalmonths as a property crimes detective. During my time as a detective for theSpringville Police Department I have investigated several crimes related to theftof property and frauds. During my time as a Police Officer for the SpringvillePolice Department I have received special training in Computer Forensics andam familiar with obtaining information from computers regarding Internet ProtocolAddresses and recovering Internet web search history. This training also includedcell phone interrogation and forensic training.

On Saturday, September 27, Officers received a call to respond to the homeof 954 East 900 South on a report of 5 dead body's located inside the home.

When officers arrived on scene they found the bodies of Kristi Strack (36 year oldfemale), Benjamin Strack (37 year old male), Benson Strack (14 year old male),Emery Strack (12 year old female), and Zion Strack (11 year old male). The bodieswere located in the master bedroom of the home. Kristi and Benjamin were lyingin the bed, and the three children were lying around the bed, covered in beddingup to their necks. Officers reported there was a red liquid substance coming fromthe mouth of Kristi Strack. All the occupants of the home were non responsive.Next to each of the victims was a cup/drink with a liquid inside.

Officers made contact with Janson McGee (Kristi's biological son), Kira Kinsman(Janson's girlfriend), Zachary Beesley (friend of Janson), Valerie Sudweeks

(Mother to Kristi Strack), and Maureen Ledbetter (friend of Valeri) at the home.Officers reported they had to physically removed Valerie from the home due to heremotional state. Officers told Valerie they were concerned their may be a carbonmonoxide leak. Valerie replied stating there was no carbon monoxide leak, andthat she knew her family. Valerie also said she couldn't believe "she" would dothis to the kids. Officers tried to clarify Valerie's statement, but she only assuredthem it wasn't a carbon monoxide leak.


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Fire Department responded to the home and confirmed there was no carbonmonoxide leak. Fire Department stated there were no toxic levels of any kindinside the home. Fire Department checked the home, including the furnace, andfound everything to be in good working order. Fire Department, EMS, and Officers

made confirmation all the occupants inside the room that were discovered weredeceased.

Officers interviewed Janson and Kira concerning the situation. Officers learnedthat Janson and Kira both live at the home. Officers were told by Kira that she hadspoken face to face with Kristi in the morning at approximately 0600 hours. Kirasaid this was the last time she had seen Kristi alive. Kira said she and Jansonand Kristi all went back to bed around 0600 hours after Kira had spoken to Kristi.Officers learned Kira and Janson had woken up at approximately 1200 hours andfound the home to be quiet. Janson and Kira reported they thought the rest ofthe family had left the home. Janson and Kira said they went to a friend's house,

Zach Beesely.

Janson and Kira said they returned to the home at 1900 hours to get Kira's cellphone. Janson and Kira found the home to be quiet, but noticed all of the carswere still at the home. Janson and Kira tried to make contact with Kristi at herbedroom, but found the door was locked. They knocked on the door and didn'treceive an answer.

Janson and Kira contacted Valerie Sudweeks and Maureen Ledbetter, who cameto the home. Valerie and Maureen were able to forcefully enter Kristi's bedroom.

At this time the victims were located in bedroom on the bed, with the childrensurrounding the bed, covered in bedding.

Janson and Kira said each of the children had their own bedrooms, and it was notnormal for all of the family to be in the master bedroom together.

Due to the Fire Department's findings, it can be concluded the deaths were notlikely caused by toxic gases in the home. Furthermore, with the placement ofthe bodies, it would appear somebody had to position the bodies after they weredeceased.

From my experience as an officer an investigator, It is probable that these death'swere not accidental or natural in anyway. From investigating unattended deathsin the past, I have often found evidence related to the deaths, including suicidenotes, drugs, or information regarding a person's mental health and demeanorinside the home, curtilage of the home or vehicles located at the home. It would beimportant that this home and it's curtilage and vehicles be searched in an attemptto find information that would aid in determination of the cause and nature of thedeaths of this family.


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This affidavit has been reviewed by Dave Sturgill of the Utah County Attorney's OfficeOffice, and it has been approved for presentation to the court.

WHEREFORE, your affiant prays that a Search Warrant be issued for the seizure ofsaid items.

I declare under criminal penalty of the State of Utah that the foregoing is trueand correct.

Executed on: 27th day of September, 2014 @ 11:52 PM by /s/ JEFFERY MELLSWORTH


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- Page 1 of Return of Service for Search Warrant No. 1303215 -

RETURN TO SEARCH WARRANT

NO. 1303215

The personal property listed below or set out on the inventory attached hereto wastaken from the person of 954 East 900 South, Springville Ut, by virtue of a searchwarrant dated the 27th day of September, 2014, and issued by Magistrate CHRISTINEJOHNSON of the FOURTH DISTRICT COURT - ALL DEPARTMENT:

Body of Kristi StrackBody of Benjamin StrackBody of Zion StrackBody of Emery StrackBody of Benson StrackBlack Slippers (Spot of blood)Water Bottle

Drink BottleCell PhoneBlanketFour Drink BottlesCell PhoneNotebookWallet (Benjamin Strack)Four Drink ContainersCell PhoneDrink CupIpod

Pill BottlesDrink CupTowel (Red substance)Garbage can contentsTwo Drink containersLaptop computerPitcher of Red JuiceBag of medicationsBaggy of marijuanaEmpty sleep aid boxesPurple bucket yellow liquidWallet (Wojtkiewicz)Briefcase with official documents (Birth Certificate Social Security info)

I, Detective JEFFERY M ELLSWORTH of Springville Police, by whom this warrant wasexecuted, do swear that the above listed or below attached inventory contains a trueand detailed account of all the property taken by me under the warrant, on the 28thday of September, 2014.


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- Page 2 of Return of Service for Search Warrant No. 1303215 -

All of the property taken by virtue of said warrant will be retained in my custody subjectto the order of this court or of any other court in which the offense in respect to whichthe property, or things taken, is triable.

I declare under criminal penalty of the State of Utah that the foregoing is trueand correct.

Executed on: 6th day of October, 2014 @ 08:45 AM by /s/ JEFFERY MELLSWORTH

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