TX - Terri 'Missy' Bevers,45, murdered in church/person in SWAT gear,18 Apr 2016- # 8

[arkansasmimi]

LE is in custody and control of the warrants even after they are signed by the Judge. LE can release them or a Judge can order LE to release them after a hearing on the merits if LE objects to a FOIA by media or others.

By releasing......Are you speaking the warrants they have or of the of "filed copies"? I am thinking once they are "filed" with the court clerk then the Media or Public can do a FOIA and get them unless they are sealed. *** not positive on that. But, so far the 2 that have been published by the Media were File marked.

**Not sure of the procedure in TX. I do remember in the Beverly Carter murder they had search warrants but everything was sealed as far as the search warrants went. (not FOIA avail) per a Judge order. That was to protect the integrity of the investigation.
JMHO

 

[arkansasmimi]

LE is in custody and control of the warrants even after they are signed by the Judge. LE can release them or a Judge can order LE to release them after a hearing on the merits if LE objects to a FOIA by media or others.

By releasing......Are you speaking the warrants they have or of the of "filed copies"? I am thinking once they are "filed" with the court clerk then the Media or Public can do a FOIA and get them unless they are sealed. *** not positive on that. But, so far the 2 that have been published by the Media were File marked.

**Not sure of the procedure in TX. I do remember in the Beverly Carter murder they had search warrants but everything was sealed as far as the search warrants went. (not FOIA avail) per a Judge order. That was to protect the integrity of the investigation.
JMHO
OH Maybe its in ref to this from end of thread 7

Yesterday, 11:31 PM#1060 Breck80 http://www.websleuths.com/forums/sh...AT-gear-18-Apr-2016-7&p=12519325#post12519325

TX - Terri 'Missy' Bevers,45, murdered in church/person in SWAT gear,18 Apr 2016- # 7
Editing for clarity (my mind is tired). Trying to understand sealed search warrants. If they have been executed & sealed...under Texas Law does the judge have to even acknowledge they are there but sealed?


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Last edited by Breck80; Today at 12:19 AM. Reason: Clarity

ETA: Have we heard anything from a Judge? RE Sealing documents. I would think if any were sealed all would be

 

[USAFVetDadx4]

Another little clue of the splicing of the MPD released video. https://www.youtube.com/watch?v=ePS8TJ6UAqY&feature=youtu.be

If you watch the video at the part were Suspect comes out of what some say is room "12" Notice how the camera view of the Suspect is..

THEN after the door closes... prior to Suspect smashing whatever it is He/She is smashing (to me looks like glass) BUT the video ZOOMS up on the Suspect making Suspect larger

We can't see what the Suspect is hitting and breaking.... BUT JMHO Camera shows and LEO knows area. . ***remember too the only reason they released any of these parts... is for help in Identifying the Suspect. .... This makes me think even more that that is possible the glass spoken of by Chief Smith:

"When officers arrived "medics were attending an unresponsive female, Officers noted a lot of glass on floor as well as the female They started a search of the building, to make sure there were no other individuals in the facility , DURING THE SEARCH the officers found evidence force entry into the building indicating a possible burglary. The entire building was searched and no body was found. After that the victim was pronounced deceased by the Ellis County Justice of the Peace" https://www.youtube.com/watch?v=XNLtwTK2hq8&feature=youtu.be

Great work! Your observations and diagrams are so interesting. Are you saying that maybe she was attacked in the room where the suspect is breaking the glass? Also, I have wondered if these video clips are not in time sequence order. I'm starting to think maybe that initial clip is right after the attack happened when the suspect is coming out of that room and just strolling down the hall dragging his/her hand along it. Then the last clip is just as the attack is about to begin?

 

[arkansasmimi]

From Last thread:

liltexans Today, 12:05 AM #1077 http://www.websleuths.com/forums/sh...AT-gear-18-Apr-2016-7&p=12519376#post12519376
Justice for HaileyIt looks like Patrick Wilson is the Ellis County DA. He (or his office) might be preventing the release of more search warrants.

http://www.co.ellis.tx.us/index.aspx?nid=73

If there are any search warrants that haven't been served yet, LE might be worried that the person named in the warrant will destroy evidence or will flee before the warrant is served.

I am speculating that LE does not want the perp to have a detailed idea of what is being looked for in connection to this murder.

Just some thoughts.

Respectfully BBM
There is a person named as recent as 4/20/2016 on Press Release but I dont see anything with Terri Missy Bevers like it would be press saying sealed. So unsure as to what you mean " Looks like Patrick Wilson is the Ellis County DA. He (or his office) might be preventing the release of more search warrants."

here is link to press releases http://www.co.ellis.tx.us/Archive.aspx?AMID=55 ** full disclosure did not look at everything just glanced over. But Sealing would be smart jmho

 

[arkansasmimi]

From end of Thread 7

Originally Posted by Breck80 View Post
Quick question for those of you familiar with warrants. Let's say Female X was interviewed at length multiple times but LE let her go. I would assume they'd already have searched her house and car, but we haven't seen a report of anymore warrants. Does this mean it was sealed, never performed, what? How does that work on warrants?
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TeaTime http://www.websleuths.com/forums/sh...AT-gear-18-Apr-2016-7&p=12519377#post12519377
First, LE will 'interview' someone multiple times when there are inconsistencies that need to be cleared up, as in things that were stated to LE turned out to be false or if new information is revealed and LE wants to corroborate it with the interviewee. Second, for a search warrant to be issued, LE has to prove to the Judge that there is probable cause for the search and what types of items they are looking for. (Note: they will list some very small things too so they can open drawers and such). Third, if there was a search warrant, it may have not have been released to the public because it's release may jeopardize the investigation. But, most importantly, if any house/apartment in the community had been subjected to a search, people would be talking about seeing LE at So-and-So's place. Are they?

When they do a search warrant. They have to be very specific what they are looking for, where it is to be found/located. VERY SPECIFIC... If not, IT WILL BE THROWN OUT as a General Warrant..... Happened in the Beverly Carter murder case. VERY IMPORTANT Evidence was excluded because the warrant was written as a General Warrant ILLEGAL. Investigator when asked at a hearing is there anything that you could not have gotten with this... No Sir.... Could not use it at all. Same goes for if the Suspect ask for a lawyer... FOLLOW THE RULES so everything is Legal and Solid case. Not just my opinion, its the law. (that also protects each one of us, reading this or not reading it We live in the USA)

 

[arkansasmimi]

The very last area you asked about looks like a bench behind a pillar, sort of an alcove I guess?

Yes its a pillar for sure, they decorated it for VBS once. odd looking but sometimes photos cause you to misjudge area. Not to scale

 

[arkansasmimi]

Great work! Your observations and diagrams are so interesting. Are you saying that maybe she was attacked in the room where the suspect is breaking the glass? Also, I have wondered if these video clips are not in time sequence order. I'm starting to think maybe that initial clip is right after the attack happened when the suspect is coming out of that room and just strolling down the hall dragging his/her hand along it. Then the last clip is just as the attack is about to begin?

JMHO, I very much think they are out of sequence for the simple fact of not giving all their info. I also think that possibly something cut out between the walking out door then the enlargement/enhancement of the Suspect hitting something. Doing the enlarging, accomplishes 2 things. Closer view of the Suspect and also makes it where cant see the rest of the video.
And for instance, the clips of opening door, then trying to pry open the other door... That was long before MB got there time stamp was 358 ...20/22 MIN prior to MB time stamp walking into building, through that door seen in video. SO at that point the inside door of the 2 sets was propped open. BUT all the time stamps are out of the MPD released video.

I orig thought maybe the continuation when went from one view to the other from Bulletin Board area to the Dutch doors. I not truly convinced of that now. THEY WERE WANTING THE PUBLIC TO SEE SUSPECT WALK AND MANNERISMS JMHO

 

[Ziggie88]

JMHO, I very much think they are out of sequence for the simple fact of not giving all their info. I also think that possibly something cut out between the walking out door then the enlargement/enhancement of the Suspect hitting something. Doing the enlarging, accomplishes 2 things. Closer view of the Suspect and also makes it where cant see the rest of the video.
And for instance, the clips of opening door, then trying to pry open the other door... That was long before MB got there time stamp was 358 ...20/22 MIN prior to MB time stamp walking into building, through that door seen in video. SO at that point the inside door of the 2 sets was propped open. View attachment 93659 BUT all the time stamps are out of the MPD released video.

I orig thought maybe the continuation when went from one view to the other from Bulletin Board area to the Dutch doors. I not truly convinced of that now. THEY WERE WANTING THE PUBLIC TO SEE SUSPECT WALK AND MANNERISMS JMHO

I totally agree with your statement.

 

[arkansasmimi]

There definitely is a hallway or maybe rest rooms ? on other side of the doors Suspect opened/tried to open. I tried to zoom larger the time stamped media still shot.

 

[dizzychick]

does anyone know if this can be considered a Death Penalty case ? I thought in Texas you had to commit another felony like stealing a car while commiting the murder in order to qualify for the DP ?

 

[arkansasmimi]

Another little clue of the splicing of the MPD released video. https://www.youtube.com/watch?v=ePS8TJ6UAqY&feature=youtu.be

If you watch the video at the part were Suspect comes out of what some say is room "12" Notice how the camera view of the Suspect is.. View attachment 93657

THEN after the door closes... prior to Suspect smashing whatever it is He/She is smashing (to me looks like glass) BUT the video ZOOMS up on the Suspect making Suspect larger

View attachment 93658 We can't see what the Suspect is hitting and breaking.... BUT JMHO Camera shows and LEO knows area. . ***remember too the only reason they released any of these parts... is for help in Identifying the Suspect. .... This makes me think even more that that is possible the glass spoken of by Chief Smith:

"When officers arrived "medics were attending an unresponsive female, Officers noted a lot of glass on floor as well as the female They started a search of the building, to make sure there were no other individuals in the facility , DURING THE SEARCH the officers found evidence force entry into the building indicating a possible burglary. The entire building was searched and no body was found. After that the victim was pronounced deceased by the Ellis County Justice of the Peace" https://www.youtube.com/watch?v=XNLtwTK2hq8&feature=youtu.be

HERE is another jump.. lool at 139 mark

where Suspect is, then 140 mark. I tried to catch it but its a fast click lol... this is after the Suspect has opened the Dutch doors and walked further down that hall and goes into or look into a room. Then the JUMP in video. **** Could also be the the camera stopped if the Suspect went out of range and then back on as Suspect went back into hallway.** Then the Suspect in this clip walks back up that hallway and opens door going into the Sanctuary/Auditorium ** << that is fact lol, but rest is JMHO https://www.youtube.com/watch?v=ePS8TJ6UAqY&feature=youtu.be

139 mark

140 mark

 

[Murrayforlife]

does anyone know if this can be considered a Death Penalty case ? I thought in Texas you had to commit another felony like stealing a car while commiting the murder in order to qualify for the DP ?

Per wikipedia:
The only crime for which the death penalty can be assessed is capital murder. The Texas Penal Code specifically defines capital murder as murder which involves one or more of the following aggravating factors: murder of an on-duty officer or firefighter, in the course of committing or attempting to commit a certain felony offense; murder for remuneration, while escaping or attempting to escape a penal institution, while incarcerated with a qualifying factor; murder of an individual under ten years of age; or murder of a person in retaliation for, or on account of, the service or status of the other person as a judge or justice of any court. The right to plead insanity was not granted until 1991, meaning beforehand, mentally unstable peoples accused of murder were put to death.

 

[ATasteOfHoney]

Since I'm always interested in the behavioral aspect of the perpetrators & the mind of a killer, here goes:

Was there someone who wanted to be a part of the campers & for some reason (maybe their fixation on MB), they were no longer welcomed in her group? Was there someone who always volunteered helping MB set up her equipment before class but she no longer wanted him/her to help because they creeped her out? Have other campers noticed anyone being overly zealous for MB's attention as an instructor? Anyone that appeared to be a p.i.a. & maybe felt slighted at some small comment while attending or helping the campers? Did MB claim someone was annoying her but felt they were just "different" & she wanted to help them? Anyone that just didn't fit in but seemingly really wanted to? Anyone jealous of MB to the point of talking about it openly?

Anyone notice odd behavior of church goers (either Creekside or Cowboy) dressing oddly or more flamboyantly? Anyone with inappropriate affect or responses? Did someone seem to just appear often whenever MB was around?

There is something very mentally "off" with this person (the perp) that has to be noticeable to others in that town & within those two congregations. Someone who has stopped taking their meds? I hope they have reported it to LE.

All moo & conjecture.

 

[ATasteOfHoney]

Per wikipedia:
The only crime for which the death penalty can be assessed is capital murder. The Texas Penal Code specifically defines capital murder as murder which involves one or more of the following aggravating factors: murder of an on-duty officer or firefighter, in the course of committing or attempting to commit a certain felony offense; murder for remuneration, while escaping or attempting to escape a penal institution, while incarcerated with a qualifying factor; murder of an individual under ten years of age; or murder of a person in retaliation for, or on account of, the service or status of the other person as a judge or justice of any court. The right to plead insanity was not granted until 1991, meaning beforehand, mentally unstable peoples accused of murder were put to death.

How about murder while impersonating a police officer?

 

[arkansasmimi]

Great work! Your observations and diagrams are so interesting. Are you saying that maybe she was attacked in the room where the suspect is breaking the glass? Also, I have wondered if these video clips are not in time sequence order. I'm starting to think maybe that initial clip is right after the attack happened when the suspect is coming out of that room and just strolling down the hall dragging his/her hand along it. Then the last clip is just as the attack is about to begin?

Repectfully BBM hmm seems disoriented doesn't he/she? Kinda stumbles a little back and forth this is at the 8 sec mark https://www.youtube.com/watch?v=ePS8TJ6UAqY&feature=youtu.be

 

[Murrayforlife]

How about murder while impersonating a police officer?

Yes. Texas law considers that a felony. So this will be a death penalty case. I'll draw up the lethal injection!!!!

 

[Murrayforlife]

Repectfully BBM hmm seems disoriented doesn't he/she? Kinda stumbles a little back and forth this is at the 8 sec mark https://www.youtube.com/watch?v=ePS8TJ6UAqY&feature=youtu.be

View attachment 93664

IMO it is shoes too big. A gal trying to look like a guy. A guy wouldn't do that IMO. This was about hiding the sex of the perp. Thus the stumbling.

 

[arkansasmimi]

Originally Posted by dizzychick View Post
does anyone know if this can be considered a Death Penalty case ? I thought in Texas you had to commit another felony like stealing a car while commiting the murder in order to qualify for the DP ?

Per wikipedia:
The only crime for which the death penalty can be assessed is capital murder. The Texas Penal Code specifically defines capital murder as murder which involves one or more of the following aggravating factors: murder of an on-duty officer or firefighter, in the course of committing or attempting to commit a certain felony offense; murder for remuneration, while escaping or attempting to escape a penal institution, while incarcerated with a qualifying factor; murder of an individual under ten years of age; or murder of a person in retaliation for, or on account of, the service or status of the other person as a judge or justice of any court. The right to plead insanity was not granted until 1991, meaning beforehand, mentally unstable peoples accused of murder were put to death.

:thinking: If found Guilty in a Capital Felony going to be put to death or spend the rest of your life in prison.. Only way if under 18 when committed is there possibility for parole but still LIFE .....DON'T MESS WITH TEXAS :jail:

SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS

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 committed the offense when younger than 18 years of age; or
(2) life without parole, if the individual committed the offense when 18 years of age or older.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:
(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or
(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, Sec. 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 787 (S.B. 60), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.145, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 765 (S.B. 839), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., 2nd C.S., Ch. 2, Sec. 1, eff. July 22, 2013.
http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.12.htm

 

[LongIslandDweller]

HERE is another jump.. lool at 139 mark

where Suspect is, then 140 mark. I tried to catch it but its a fast click lol... this is after the Suspect has opened the Dutch doors and walked further down that hall and goes into or look into a room. Then the JUMP in video. **** Could also be the the camera stopped if the Suspect went out of range and then back on as Suspect went back into hallway.** Then the Suspect in this clip walks back up that hallway and opens door going into the Sanctuary/Auditorium ** << that is fact lol, but rest is JMHO https://www.youtube.com/watch?v=ePS8TJ6UAqY&feature=youtu.be

139 markView attachment 93661

140 mark View attachment 93662

Could he be testing the camera range? Which means he was communicating with someone who was watching the video in real time? When he is behind the open door at .20 secs, what's he doing? Texting or making a call? Then he proceeds to attempt to open the next door in a half assed manner and wanders around aimlessly.

 

[arkansasmimi]

Impersonation
The crime of pretending to be another individual in order to deceive others and gain some advantage
<snip for Texas>
Most state laws also provide that the impersonation of a public official is a criminal act. In Texas, impersonating "a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts" is a crime (Tex. Penal Code Ann. § 37.11 [West 1996]). Depending on the jurisdiction, the public servant being impersonated does not always have to actually exist. For example, suppose Carl pulls over a driver, shows her a fake police badge, and reprimands her for speeding but tells her that he will not arrest her if she pays him $50. Carl's actions constitute the crime of false impersonation, in addition to any other crimes, including Extortion, that may apply to the situation. Thousands of criminal reports are filed every year by individuals victimized in various ways by persons impersonating police officers. http://legal-dictionary.thefreedictionary.com/Impersonation


Texas Penal Code §&#8194;37.11.&#8195;Impersonating Public Servant

(a)&#8194;A person commits an offense if he:
(1)&#8194;impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; &#8201;or
(2)&#8194;knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
(b)&#8194;An offense under this section is a felony of the third degree.
- See more at: http://codes.findlaw.com/tx/penal-code/penal-sect-37-11.html#sthash.T91BRdIx.dpuf