GUILTY TX - Christina Morris, 23, Plano, 30 August 2014 - #30 *Arrest*

[Eileen730]

Don't think so.. wouldn't fly. One of her hairs could have got on EA when they were walking to the garage...

They have not said what the dna was.
They wanted anything at all to get him in custody!

 

[Happyshoes]

Thats ok, lots of info gets buried and put on the back burner per say.

This actually has been talked about since September. You can go to the PPD blotter or crimereports.com to get all kinds of info.

But yes we absolutely have an additional MISSING PERSON report.
ID#00151581
Occurrence: 01 Sept 2014@11:56pm

Blotter original showed location as the Henry's Garage 5717 Legacy ,now shows 5700 block Legacy
crimereports.com always just gives the block# 5700 block Legacy

ETA: blotter original from Sep showed location as garage..(now later in months it also just gives block) that is why we thought it was strange that 1st MP filed from garage..from who- we have never found the source of who really called it in at that time.

This is where I got the info, zippixx - Txyorkiemom has great stored info. I had not heard this before and am finding it strange. Does anybody else?

 

[txyorkiemom]

My guess for the discrepancy in bail amount is that the person is not missing and very much alive.

Perhaps, but will do some digging with legal & court eagles this coming week to find out a baseline answer.

Kidnapping vs AK
missing person returned vs not found

There was a case of murder-homicide(cold blood) in Hunt County that the defendant was given a $150k bail.
Guess it has variation per county. There should be a County Bail Schedule...

 

[Eileen730]

This is where I got the info, zippixx - Txyorkiemom has great stored info. I had not heard this before and am finding it strange. Does anybody else?

there was also a missing person call close to the time of the disturbance call that morning.

 

[zippixx]

This is where I got the info, zippixx - Txyorkiemom has great stored info. I had not heard this before and am finding it strange. Does anybody else?

hmmm.. interesting. Thanks Happyshoes!

 

[volcarm]

Thats ok, lots of info gets buried and put on the back burner per say.

This actually has been talked about since September. You can go to the PPD blotter or crimereports.com to get all kinds of info.

But yes we absolutely have an additional MISSING PERSON report.
ID#00151581
Occurrence: 01 Sept 2014@11:56pm

Blotter original showed location as the Henry's Garage 5717 Legacy ,now shows 5700 block Legacy
crimereports.com always just gives the block# 5700 block Legacy

ETA: blotter original from Sep showed location as garage..(now later in months it also just gives block) that is why we thought it was strange that 1st MP filed from garage..from who- we have never found the source of who really called it in at that time.

So could that mean someone saw her after thr garage?

 

[Happyshoes]

They have not said what the dna was.
They wanted anything at all to get him in custody!

I thought they went as far as to say the dna was blood or saliva, what worries me is the "significant amounts".

 

[txyorkiemom]

All of this still must be proven for a conviction.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20.htm
PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 20. KIDNAPPING, UNLAWFUL RESTRAINT, AND
SMUGGLING OF PERSONS
Sec. 20.01. DEFINITIONS. In this chapter:
(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim
(2) "Abduct" means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force.
Sec. 20.03. KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor's sole intent was to assume lawful control of the victim.
Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.

 

[Eileen730]

This is an interesting article!

The chief judicial concern with the charge of kidnapping is Double Jeopardy.
Thus, a persistent problem with kidnapping prosecutions is in determining whether a kidnapping conviction would constitute a second punishment for the same act.
Legislatures have passed statutes, and courts have fashioned rules, to prevent and detect double jeopardy in kidnapping cases. Generally, these laws and rules hold that for kidnapping to be charged as a separate crime, some factor must set the asportation apart from a companion crime.

http://legal-dictionary.thefreedictionary.com/Kidnapping

 

[Eileen730]

I thought they went as far as to say the dna was blood or saliva, what worries me is the "significant amounts".

I thought she said possibly blood or saliva.
It was never defined what it was.

 

[AudlyEnough]

Are we sure EA was driving that car?
Are we sure he was IN that car?

To me this dude the day after all this happened was not acting like he did anything wrong.
He was hungover , late for work. and messed up his car.

Do I think something happened that early morning yes I do.
but EA is not the only person involved as I see it.

Why did EA leave the shops?
then return a little later?
MAYBE just MAYBE it wasn't him in his car and they were returning later to pick him back up.
Hey I could be wrong but I just feel someone else is responsible here and EA is caught in the middle of it all.
They used his car.
I don't think he had any idea she was missing those 4 days.
Who knew she was headed to that garage?

LE has a lot to prove because if someone else is responsible he is sitting pretty letting EA take the blame.

Everything is JMO

One problem I have with that scenario: Why would EA take the fall for someone else?

 

[MIKAYOYO]

This is an interesting article!

The chief judicial concern with the charge of kidnapping is Double Jeopardy.
Thus, a persistent problem with kidnapping prosecutions is in determining whether a kidnapping conviction would constitute a second punishment for the same act.
Legislatures have passed statutes, and courts have fashioned rules, to prevent and detect double jeopardy in kidnapping cases. Generally, these laws and rules hold that for kidnapping to be charged as a separate crime, some factor must set the asportation apart from a companion crime.

http://legal-dictionary.thefreedictionary.com/Kidnapping

Very interesting. So basically if this goes to trial (AK) and then she's later found deceased, they could not use the AK in connection with murder to make it a capital offense?

 

[Eileen730]

I wonder if he demanded a ransom?
this would explain HF not calling LE
Would explain LE checking his bank accounts.

It would explain a Kidnapping charge.

 

[Eileen730]

One problem I have with that scenario: Why would EA take the fall for someone else?

Maybe his word against their word.

Believe me I know something happened in that garage Im just not sure exactly what.

 

[AudlyEnough]

What if she was hiding from someone?

Ducking down in the backseat would make sense in that scenario -- getting into the trunk willingly?! Never. JMO.

 

[txyorkiemom]

I thought she said possibly blood or saliva.
It was never defined what it was.

Direct from Affidavit: p8
Affiant reviewed the Case Report. The report stated a DNA profile
was obtained from Bode sample which was taken from Agency Sample
#668923 labeled as "swab from edge of trunk opening." The Bode Technology report provided
the STR DNA profile for this sample.

Affiant and Detective Spillman provided the Bode Technology Case Report to Plano Police
Department Manager Dr. R. Staub. Dr. Staub is a certified lab director for human
identification using DNA, holds a in Genetics, and has extensive forensic DNA experience
to include having been the Senior Manager and Laboratory Director for Orchid Cellmark forensic
lab in Dallas, Texas prior to being hired by the Plano Police Department. Dr. Staub obtained the
complete lab case file from Bode Technology related to this case. Dr. Staub evaluated the
Bode Technology lab case file. Dr. Staub told Affiant he found that Bode Technology's results
from the above mentioned swab indicated there was a significant amount of DNA present which
was produced from a single source female profile. Dr. Staub compared the DNA profile Bode
Technology developed from the swab taken from the interior trunk opening of Enrique Gutierrez
Arochi?s vehicle and the DNA profile developed for Christina Morris from the UNT lab. Dr. Staub
found the DNA profile developed from the trunk swab to be a perfect match to the DNA profile of
Christina Morris devel0ped by UNT. Dr. Staub told Affiant that based on his evaluation of the
data provided by the Bode Technology Case Report that the chance of another person having
this DNA profile is approximately 1 in 69.08 quadrillion Caucasians. Dr. Staub also told Affiant
that based on his experience and the amount of DNA that was present on the swab taken from
interior of Enrique Gutierrez Arochi's trunk, he does not believe the DNA source to have merely
been touch DNA, but more likely that the DNA source was a bodily fluid such as blood or saliva.

 

[Eileen730]

Very interesting. So basically if this goes to trial (AK) and then she's later found deceased, they could not use the AK in connection with murder to make it a capital offense?

Yep cant get charged for the same offense.
Why arrest him at all?
why not wait?

 

[Gigglingtoes]

My husband and I were just discussing our upcoming road trip to Phoenix. We do a lot of road trips and always stop at truck stops, such as Love's of Flying J. We live in a suburb of Dallas and out of curiosity I asked where the closest truck stop is to us. Surprisingly there are 3: Dallas, Rockwall and Denton.

I know we've all tried to figure out what EA could have been doing BEFORE he filled up with gas at the Kroger in Allen. Do you think it's possible he stopped at a truck stop to clean himself up before going to work? The majority of truck stops have showers. You would think that if he had he would also fill his car with gas at the same time, but you never know. JMO, it is possible.

ETA: the Rockwall location makes the most sense to me.

Sent from my iPhone using Tapatalk

Good thought. There's a closer one in Anna though. I only know because my husband just took a wrong turn and we ended up there today. :notgood:

 

[Eileen730]

Direct from Affidavit: p8
Affiant reviewed the Case Report. The report stated a DNA profile
was obtained from Bode sample which was taken from Agency Sample
#668923 labeled as "swab from edge of trunk opening." The Bode Technology report provided
the STR DNA profile for this sample.

Affiant and Detective Spillman provided the Bode Technology Case Report to Plano Police
Department Manager Dr. R. Staub. Dr. Staub is a certified lab director for human
identification using DNA, holds a in Genetics, and has extensive forensic DNA experience
to include having been the Senior Manager and Laboratory Director for Orchid Cellmark forensic
lab in Dallas, Texas prior to being hired by the Plano Police Department. Dr. Staub obtained the
complete lab case file from Bode Technology related to this case. Dr. Staub evaluated the
Bode Technology lab case file. Dr. Staub told Affiant he found that Bode Technology's results
from the above mentioned swab indicated there was a significant amount of DNA present which
was produced from a single source female profile. Dr. Staub compared the DNA profile Bode
Technology developed from the swab taken from the interior trunk opening of Enrique Gutierrez
Arochi?s vehicle and the DNA profile developed for Christina Morris from the UNT lab. Dr. Staub
found the DNA profile developed from the trunk swab to be a perfect match to the DNA profile of
Christina Morris devel0ped by UNT. Dr. Staub told Affiant that based on his evaluation of the
data provided by the Bode Technology Case Report that the chance of another person having
this DNA profile is approximately 1 in 69.08 quadrillion Caucasians. Dr. Staub also told Affiant
that based on his experience and the amount of DNA that was present on the swab taken from
interior of Enrique Gutierrez Arochi's trunk, he does not believe the DNA source to have merely
been touch DNA, but more likely that the DNA source was a bodily fluid such as blood or saliva.

More likely a body fluid.
Come on. don't they know? Very evasive!

 

[AudlyEnough]

Yep cant get charged for the same offense.
Why arrest him at all?
why not wait?

Maybe they are concerned he poses a risk to other women? I certainly have that concern.