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WFPD CASE
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#03-010474
AFFIDAVIT FOR ARREST WARRANT
THE STATE OF TEXAS
WARRANT
(DA) #01-72755
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, on this day personally appeared
undersigned affiant, who, after being duly sworn by me, on oath stated:
~s
TONY
yANUARY,
the
My name
FOX, and I have good reason to believe that on or about the 5th day of
2003, in Wichita
County,
Texas, one
NAME OF SUSPECT: KRISTOPHER KYLE RUSSELL
I
4id then and there commit
the offense
of
OFFENSE: MURDER
I
~ violation
of Section
19.02 of the TEXAS PENAL CODE, a FIRST DEGREE
FELONY.
I
Affiant's belief is based upon the following facts and information:
o 101-06-03 AT APPROXIMATELY 9:55 A.M. OFFICERS OF THE WICHITA FALLS POLICE
D PARTMENT WERE DISPATCHED TO A RESIDENCE LOCATED AT 1651 HUFF AVENUE, WICHITA
F~ LLS, WICHITA COUNTY, TEXAS, IN REFERENCE TO A DECEASED FEMALE. UPON ARRIVAL
OfFICERS MADE CONTACT WITH THE REPORTING PERSON, TERRI PEREZ, AND HER HUSBAND,
JPHN PEREZ.
TERRI INDICATED THAT A CO-WORKER, SAMANTHA LEZARK, HAD NOT ARRIVED
A~ ALBERTSON'S FOR WORK THAT MORNING AND THAT SHE WAS CONCERNED FOR LEZARK.
TERRI STATED THAT SHE AND JOHN CAME TO LEZARK'S RESIDENCE AT 1651 HUFF AVENUE TO
ctiECK ON LEZARK.
TkRRI INDICATED THAT SHE AND JOHN ENTERED LEZARK'S RESIDENCE BY WAY OF THE
LOCKED FRONT DOOR AND SEARCHED FOR LEZARK INSIDE THE RESIDENCE. TERRI STATED
T SHE WENT UPSTAIRS AFTER NOT FINDING LEZARK DOWNSTAIRS.
TERRI ADVISED THAT
QN ENTERING AN UPSTAIRS BEDROOM, SHE OBSERVED LEZARK LAYING ON THE FLOOR OF
E UPSTAIRS BEDROOM.
LEZARK WAS DECEASED. TERRI THEN CALLED 911 AND NOTIFIED
LICE.
L~ZARK WAS DRESSED IN A TEE SHIRT, JEANS AND SOCKS. THERE APPEARED TO BE BLOOD
STEARS AND BLACK GREASE ON THE JEANS PANTS LEGS. LEZARK'S HEAD WAS LAYING IN A
PyOL OF BLOOD WITH A LIGATURE THAT HAD BEEN WRAPPED SEVERAL TIMES AROUND
LEZARK'S NECK.
THE LIGATURE WAS TIED IN A KNOT AT THE THROAT AREA.
LEZARK WAS
.
YING ON HER BACK NEXT TO A BED. A HOUSEHOLD TYPE FIRE EXTINGUISHER WITH WHAT
~EARED TO BE BLOOD SMEARS AND HAIR WAS LAYING ON THE BEDROOM FLOOR.
LEZARK
:eEARED TO HAVE TRAUMA TO THE BACK OF HER HEAD.
LATER DURING THE AUTOPSY, IT
S REVEALED THAT LEZARK HAD BLUNT FORCE TRAUMA TO THE HEAD AND FACE WITH
aERATIONS TO THE BACK OF HER HEAD.
THERE WERE WHAT APPEARED TO BE DEFENSIVE
UNDS TO LEZARK'S HANDS. IT WAS BELIEVED THAT THE FIRE EXTINGUISHER WAS USED BY
~i SUSPECT
TO HIT LEZARK ON THE HEAD AND HANDS.
~RE WERE MOIST BLOOD DROPLETS ON A BEDSPREAD COVERING THE BED.
A SMALL LAZER
INTER WAS LAYING ON THE BEDSPREAD ON ONE OF THE BLOOD DROPLETS. THE END OF THE
I~TER WAS LAYING IN ONE OF THE MOIST BLOOD STAINS WITH THE APPEARANCE THAT THE
INTER HAD BEEN PLACED ON THE BED AFTER THE BLOOD HAD ALREADY STRUCK THE
DSPREAD.
THERE WAS NO BLOOD ON THE VISIBLE SURFACE OF THE POINTER.
,NG THE INVESTIGATION,
IT WAS REVEALED THAT THE VICTIM, SAMANTHA LEZARK, HAD
iMALE SEXUAL PARTNERS ON THE INTERNET.
LEZARK REPORTEDLY HAD RECENTLY MET A
aECT KNOWN AS "KRIS" ON THE INTERNET WITH AN INTERNET NAME OF "i am elliott".
ING THE CRIME SCENE SEARCH OF THE RESIDENCE, A STICKY TYPE NOTE WAS-OBSERVED
'ACHED TO LEZARK' S COMPUTER DESK WITH "KRIS 691-4017" WRITTEN ON THE PAPER.
Page 1
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LgESA BISCHOFF, A FRIEND OF LEZARK'S, ADVISED THAT "KRIS" WAS LEZARK'S NEW
BOYFRIEND SHE HAD MET ON THE INTERNET.
BISCHOFF STATED THAT LEZARK HAD
INDICATED TO HER THAT "KRIS" WORKED AT METRO PHOTO AND RODE A HARLEY DAVIDSON
MOTORCYCLE.
BISCHOFF STATED THAT ON 01-05-03 AT APPROXIMATELY
6:00 P.M. SHE
TELEPHONED LEZARK'S RESIDENCE AND SPOKE TO SAMANTHA LEZARK.
BISHCOFF STATED
HAT DURING THE CONVERSATION, SHE COULD HEAR A MALE VOICE AND ASKED SAMANTHA WHO
BISHCOFF ADVISED THAT LEZARK STATED, "KRIS" WAS AT THE RESIDENCE
ITH HER.
AS WITH HER.
~
.
~ WITNESS,
REBECCA DIAZ, STATED THAT ON SUNDAY, 01-05-03, AT APPROXIMATELY 4:50
t1.M.SHE OBSERVED SAMANTHA LEZARK AND A WHITE MALE WITH BLONDISH SHORT HAIR
RRIVE AT LEZARK'S RESIDENCE. REBECCA INDICATED THAT LEZARK AND THE WHITE MALE
XITED LEZARK'S PICKUP AND THAT SHE SPOKE TO LEZARK. REBECCA ADVISED THAT LEZARK
~VE HER KEYS TO THE WHITE MALE AND HE ENTERED LEZARK'S RESIDENCE. REBECCA
TATED THAT SHE AND LEZARK TALKED FOR A FEW MINUTES AND LEZARK TOLD HER THAT THE
RITE MALE WAS HER NEW BOYFRIEND.
II
EBECCA DIAZ STATED THAT A MOTORCYCLE HAD BEEN PARKED IN FRONT OF LEZARK'S
:ESIDENCE DURING SUNDAY AFTERNOON.
SHE INDICATED THAT THE MOTORCYCLE WAS PARKED
THE RESIDENCE WHEN LEZARK AND THE WHITE MALE CAME TO THE RESIDENCE AND
MAINED THERE UNTIL REBECCA LEFT FOR CHURCH AT APPROXIMATELY
6:00 P.M. THAT
S E DAY. REBECCA DESCRIBED THE MOTORCYCLE AS RED OR BURGANDY IN COLOR WITH A
B CK SEAT, MIRRORS ON THE HANDLEBARS AND A PARTIAL LICENSE TAG OF "69 30".
R BECCA
STATED THAT WHEN SHE RETURNED TO HER RESIDENCE AT APPROXIMATELY 8:10
I
P.M.,
THE MOTORCYCLE WAS GONE AND THERE WERE NO LIGHTS ON THAT SHE COULD SEE AT
L ~ARK'S RESIDENCE.
LEZARK REPORTEDLY TURNED HER PORCH LIGHT ON EVERY NIGHT DUE
T ,THE NEIGHBORHOOD WATCH PROGRAM IN HER NEIGHBORHOOD. DIAZ INDICATED THAT SHE
~
W P CONCERNED THAT LEZARK'S FRONT PORCH LIGHT WAS NOT ON, BUT HAD TO WORK EARLY
T
C
D
L
S
$ NEXT MORNING AND SO SHE WENT TO BED. DIAZ INDICATED THAT THE ONLY LIGHT SHE
WLD SEE ON INSIDE LEZARK'S RESIDENCE WAS WHERE HER COMPUTER ROOM WAS LOCATED.
~Z ADVISED THAT THE FOLLOWING MORNING, 01-06-03, AT APPROXIMATELY
5:10 A.M.
ZARK'S PORCH LIGHT WAS STILL OFF AND NOTHING APPEARED TO HAVE CHANGED SINCE
E CAME HOME THE PREVIOUS NIGHT.
II
WITNESS, KATHY ECKELS, STATED THAT SHE HAD SEEN LEZARK WITH A WHITE MALE WITH
QRT BLONDE HAIR ON SUNDAY, 01-05-03, DURING THE AFTERNOON. ECKELS STATED THAT
ZARK AND THE WHITE MALE HAD EXITED LEZARK'S PICKUP AND THE WHITE MALE ENTERED
ZARK'S RESIDENCE.
ECKELS ADVISED THAT THE WHITE MALE'S MOTORCYCLE WAS PARKED
.~FRONT OF LEZARK'S RESIDENCE.
ECKELS DESCRIBED THE MOTORCYCLE AS A HARLEY
vIDSON "SPORTSTER", RED FENDERS WITH A "BERRY" COLORED GAS TANK.
A lFRIEND OF LEZARK'S, ZACH ADAMS, INDICATED THAT HE ATTEMPTED TO CONTACT LEZARK
BTELEPHONE
AND BY HER CELL PHONE AT APPROXIMATEY 9:30 P.M. ON SUNDAY,
o -05-03.
ADAMS STATED THAT HE RECEIVED NO ANSWER FROM EITHER OF LEZARK'S
T l BEPHONES.
.ING THE INVESTIGATION INFORMATION HAD BEEN RECEIVED THAT LEZARK AND AN
~OWN
WHITE MALE HAD WENT TO THE SOUTHERN STARR TATTOO PIERCING STUDIO, 2202
~P BLVD., ON SUNDAY 01-05-03 AT APPROXIMATELY 3:15 P.M. LEZARK AND THE WHITE
DE HAD CAME TO THE STUDIO IN LEZARK'S PICKUP.
A EtEARCH OF RECORDS INDICATED THAT THE TELEPHONE NUMBER OF "691-4017" RETURNED
T KYLE RUSSELL, 3814 STONEGATE DRIVE.
RECORDS INDICATED THAT KYLE RUSSELL HAD
A SON
NAMED KRISTOPHER KYLE RUSSELL, WHITE MALE, BLONDE HAIR, DOB:03-05-81,
.
TJ xAS DRIVER'S LICENSE NUMBER 08856862. A CHECK OF RECORDS REVEALED THAT
tSTOPHER KYLE RUSSELL HAD A NEBRASKA MOTORCYCLE LICENSE.
,
II
FnANT REQUESTED DRIVERS LICENSE PHOTOS AND A DRIVER'S LICENSE PHOTOGRAPHIC
NEUP BE OBTAINED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY TO INCLUDE THUMB
I'NTS OF RUSSELL.
THE FEDERAL BUREAU OF INVESTIGATION WAS CONTACTED IN
Case #03-010474
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Page 2
REFERENCETO OBTAINING ANY FINGERPRINTS FOR RUSSELL. A COPY OF RUSSELL'S
fINGERPRINTS WAS OBTAINED FROM THE FBI.
EFFERY ALLAN MILLER, AN EMPLOYEE OF SOUTHERN STARR TATTOO AND PIERCING STUDIO,
IEWED A PHOTOLINEUP CONTAINING A PHOTOGRAPH OF KRISTOPHER KYLE RUSSELL. MILLER
OSITIVELY IDENTIFIED RUSSELL AS THE SAME SUBJECT THAT HAD CAME TO THE STUDIO
i ITH LEZARK AT APPROXIMATELY 3:15 P.M. ON SUNDAY, 01-05-03.
I
URING THE INVESTIGATION LEZARK'S COMPUTER WAS CHECKED. THERE WERE SEVERAL
ESSAGES FROM "i am elliott".
THE MESSAGES INDICATED THAT PERSON, LATER
DENTIFIED AS KRISTOPHER KYLE RUSSELL, WAS A WIDOWER THAT HAD JUST MOVED FROM
EBRASKA.
THE MESSAGES REVEALED THAT RUSSELL ALSO OWNED A HARLEY DAVIDSON
OTORCYCLE. THE MESSAGES INDICATED THAT RUSSELL'S WI
QVEMBER OF 2002 IN NEBRASKA.
HARLEY DAVIDSON MOTORCYCLE, SPORTSTER, RED FENDERS WITH A DARK GAS TANK
BARING NEBRASKA LICENSE NUMBER 60MC31 WAS LOCATED PARKED AT METRO PHOTO 3911-A
'LL BLVD., WHERE "KRIS" REPORTEDLY WAS EMPLOYED.
A CHECK OF NEBRASKA RECORDS
~~EALED THAT MOTORCYCLE WAS REGISTERED TO KRISTOPHER RUSSELL. THE HARLEY
AVIDSON MOTORCYLE MATCHED THE DESCRIPTION GIVEN BY THE WITNESSES AND HAD A
~.
TICENSE NUMBER SIMILAR TO THE PARTIAL TAG NUMBER GIVEN BY REBBECA DIAZ.
HE AUTOPSY OF LEZARK BY THE TARRANT COUNTY MEDICAL
~T LEZARK DIED OF LIGATURE STRANGULATION.
EXAMINER'S
OFFICE
REVEALED
TLLIAM BAILEY, A FINGERPRINT EXAMINER AT THE TARRANT COUNTY MEDICAL EXAMINER'S
FFICE, PROCESSED THE FIRE EXTINGUISHER FOUND AT THE CRIME SCENE. AN
Vo~DENTIUARY SEARCH WARRANT WAS EXECUTED ON 02-06-03 ON KRISTOPHER KYLE RUSSELL
o OBTAIN HIS PALM AND FINGERPRINTS TO INCLUDE HIS THUMB PRINTS. GLENN UNNASH OF
:~ DEPARTMENT OF PUBLIC SAFETY, AUSTIN TEXAS, COMPARED FINGERPRINTS DEVELOPED
ROM THE FIRE EXTINGUISHER AND TO THE FINGER AND THUMB PRINTS OF RUSSELL.
"ASH MADE A POSITIVE MATCH TO THE RIGHT THUMB PRINT OF RUSSELL FROM THE FIRE
+INGUISHER USED DURING THIS OFFENSE.
,
E LAZER POINTER FOUND ON TOP OF A BLOOD DROPLET WAS PROCESSED FOR FINGERPRINTS
THE WICHTIA FALLS POLICE DEPARTMENT.
A PARTIAL THUMB PRINT WAS DEVELOPED ON
E LAZER POINTER THAT WAS CONFIRMED TO BE KRISTOPHER KYLE RUSSELL'S RIGHT THUMB
'I
~NT.
I
IS AFFIANT'S BELIEF THAT KRISTOPHER KYLE RUSSELL CAUSED THE DEATH OF SAMANTHA
~ARK BY STRIKING HER WITH THE FIRE EXTINGUISHER
f NECK TIGHTLY CAUSING LEZARK'S DEATH.
AND WRAPPING
A CABLE AROUND
II
ft
II
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Case #03-010474
I
Page 3
HERE FORE,
ccused
i
UBSCRIBED
AND
BEFORE
ME on the
Magistrate
Municipal
qf{
day of
Court
of Wichita
Falls
City of Wichita Falls.Wichita County, TX.
20~
~r
------
'
MAGISTRA]E'S
DETERMINATION
OF PROBABLE
CAUSE
o
~tv.'i;n
ledge that I
:m
ave
examined
the day
foregoing
aff avit and,2011.1
have d~ermined
n'
this
the Iii/{.
of
, I hereby ~t aCk
ists for the issuance of an arrest warrant ~the
ind~idba
II
"
I
I'
I
I,
I
II
II
--
--
b~le cause
ca6sed therein.
.--
. -- ---
ARREST AND DET~ON
~~T QFCOUNTY,
TEXAS
WF~~ASE
#03-010474
WARRANT NUMBER 01-72755
AMOUNT $
ORIGINALBOND
JP1/
tltCHITA
the Name of the State of Texas,
any Sheriff, Constable or Peace Officer
}
JJ
()(
,e-
' tJdtJ, ~
?t1IJo.
I'-If f
of the State of Texas, Gree
YOU ARE HEREBY COMMANDED TO TAKE INSTANTER THE BODY OF:n
7\Qj
D
\f~\)
KRISTOPHER KYLE RUSSELL
a
reinafter referred to as the suspect, and bring the said suspect befo
gistrate in and for Wichita County, Texas, instanter, then and there to answer
e State of Texas for an offense against the laws of said State, to-wit:
MURDER
which FELONY offense the said suspect is accused by the written
idavit, under oath of
TONY FOX #528
ed before me anterior to the issuance of this warrant.
Herein fail not and due return make hereof at the place hereinafter named.
/7
~
his the
*~*************************** ADMINISTRATIVE DATA ******************************
te of Texas vs. KRISTOPHER KYLE RUSSELL
e: WHITE
Sex: MALE
DOB: 03-05-81
Ht: 5'10'
Wt: 170
r: BLONDE
Eyes: BLUE
DL: TX-08856862
ress: 3814 STONEGATE DR.
plainant: SAMANTHA LEZARK
e of Offense: 01-05-03
est Warrant Issued To: WFPD
Arrest Status: AT LARGE
loyer:
loyer Address:
RETURN -------------------------------------
l3.o+k day of F,<~,~,,-~
2003 , at
lCuted
on the
day the-wlthln
of F'-SI.l...~..~ med at 20 ~ , at &.f! W
rresting
and 4D~
detaining
Ie to hand
ichita County, Texas
*taking his/her bond
o'clock, a~
0 I clock-\ M.,
*placing him/her in jail
.
miles in the service of this writ and
tually-and necessarily traveled
ddition to any other mileage I may have traveled in the service of other
ess during the same trip.
Making Arrest. ... ... $
Mileage.
. . . . . . . . . . ..
Taking Bond
Commitment.
Release.
. . . . . . . . . . ..
TOTAL.
. . . . . . . . . . . ..
$
$
$
$
$
BY
THE STATE OF TEXAS
Magistrate No.
D Misdemeanor- Class:
D State Jail Felony
D Felony - Degree:
v.
CERTIFICATION OF MAGISTRATE'S WARNING, PROBABLE
CAUSE DETERMINATION, AND ORDER SETTING BOND
This is to certifYthat at the time and date entered below, the above-named accused appeared
before me in WichitaCounty, Texas, at which time and place I administered the following warnings
as required by the Texas Code of CriminalProcedure:
"You are accused of the offense of l'1t1rJef
£:YAn affidavit signed by hx
o A teletype trom
/ tJFllj
D\
- '1~ 1 5S
has been filed in this cause.
County, Texas, has been received.
You have the following rights:
[3"'" You have the right to retain counsel or hire an attorney. You have the right to request
appointment of counsel if you are indigentand cannot afford to hire counsel.
You shallbe allowedreasonabletime and opportunity to consult with counsel if you desire."
~
(7'
ri
You have the rightto haveyourattorneypresentduringany interviewswithpeaceofficers
or attorneysrepresentingthe state;
You havethe right to remainsilent.
ct'
You are not required to make a statement and any statement made by you may be used
~
against you.
You have the right to terminate or stop any interview at any time.
Ifvou are charged with a felonyoffense, you have the right to have an examiningtrial.
£i1
AreAOu indigent and do you want to request that an attorney be appointed to represent you?
No
0 Yes; the formsfor requesting a court-appointed attorney were furnished and the
procedures for requesting a court-appointed attorney were explained.
o The accused requested and was provided assistance in fillingout the forms.
Ar~u able to speak and understand the English language?
10"Yes/ON
0;
interpreted in the
I
,
Ar~u
WNo
language.
deaf?
0 Yes;
interpreted.
Sufficientfacts have been presented to me under oath by affidavit, sworn testimony, or otherwise to
show tha~probable cause exists for the continued detention of the accused. Bond is hereby:
set at $ I) ~.
0 Denied
D P.R. Bond
, cr"1I"'"'D.
W t.-s. 0
Place:
Time:
--L\.~
Date: ~
5-_ A.M.
:J-\
,20 _
~
o Justiceof the Peace,Prct_, PI~ce_ \
o Magistrate, Wichita County, Texas