SC - Heather Elvis, 20, Myrtle Beach, 18 Dec 2013 #30***ARREST**

[Snoopy1]

Elder said police were able to recover surveillance video from a private residence and a business that shows a dark Ford F150 truck driving from the direction of the Moorer home to the boat landing and back between 3:36 a.m. to 3:46 a.m.

The S.C. Highway Patrol MAIT (Multidisciplinary Accident Investigation Team) helped identify the vehicle shown on surveillance video.

“We ran all registered vehicles fitting the description the MAIT team gave us and there were 82 that matched,” she said.

Horry County police went out and visually inspected all of the vehicles except one that belonged to the Moorers. At that time, police obtained a search warrant.

WOW!!!!!!!!!!

Do we have a chin hittin the floor emoticon?????

Just wow!

 

[Catlady2]

I agree with you! I think SM is the link that will break. I honestly feel those closest (family) to TM saw her declining in drinking, her housework, actions. TM had to be vocal. Why 39 times LE was called to that address??? Now that address is also TM dad's because he owns everything. Did anyone ever separate this? Do we have a time frame on the LE calls? Some probably was over neighbor fence dispute, but was TM violent to SM, domestic?

Rhodes told John that the Moorers have called police 39 times since Heather Elvis vanished.“Most of the calls were threats made to them on social media,” she said. “We have spent hundreds of hours on this case and immeasurable resources investigating it.”Rhodes said she thinks the Moorers might pose a threat to the community if they were released.“When we responded to their home, we were often met by an armed Sidney Moorer and if released, in my opinion, we will have more violent confrontations,” the chief said.

(39 Times since Heather went missing) I really think Chief Saundra made the case for no bond without the prosecution's evidence. I respect the good job she's doing for the Elvis family. She is a no nonsense gal.

 

[magnolia]

I can't get past the fact that it appears HE hadn't been contacted by SM/TM for quite a while, then on this particular night, shortly after arriving home from the date, this sequence of events begins. I have thought from the beginning that her apt was being watched by one or both of the M's, and when she was dropped off at home, the calling started.
I believe the date said she didn't recieve any calls during the date, unless maybe her phone was off or muted.
There are still facts we don't know. I'm going to myrtle beach in a couple of weeks, and if the hubby will let me, I'm going to do some site stalking. We were in Orlando after the CA trial, and he wouldn't go for it. I'm playing it cool this time, not offering him too much info, so he doesn't know I'm slightly obsessed.

BBM- It may appear Sidney and Heather had no contact for awhile, but, I don't know how anyone can be sure of that. IMO

 

[nrbc]

Can you imagine the environment that TM/Sm's kid's had to live in with that controlling, delusional witch? I wonder if they were really driving around having sex all over town celebrating or if that was just a cover for being in different locations that morning? Does anyone have the pictures of the inside of TM/SM's house that she posted on the DIS board? When I try to view them, it says the bandwith is full on their pics.

 

[oceanblueeyes]

In the effort to create a perfect world, TM probably did this 'coaching' quite a bit. I imagine the poor things knew exactly what they could talk about, what they were allowed to say about anything at all in their lives.

IMHO

Kelly

She had been the 'coach' of this family ever since its inception.

And think about it? How many times do we see where a wife finds out their husband is having a serious affair with another unmarried woman, and who does the wife have the most anger at? The other woman. The anger never seems to be directed at the husband who broke his vows. I have never understood that but I sure have seen it happen.

I remember years back my hubby and I were at a club out with some of our friends, and this woman comes in madder than a wet setting hen. She goes right over to this other woman, and grabs her by her hair, and she is beating the stew out of her. Meanwhile the husband is sitting there watching it all, and has this sneaky smile on his face. He was enjoying that women were fighting over him. Uggggh and come to find out the other woman had no idea this man was even married. Why would she? He acted just like he wasn't married at all. No one knew he was married until his wife came in an attacked the other woman that night.

Maybe it is to save face, because I have seen a lot of wives over the years who doesn't want to admit to themselves, that the brutal truth is, no one can take a husband away if they really don't have a desire to stray to begin with. But they will foolishly believe the other woman lured/entrapped their husband somehow as if he is some kind of victim of some kind of woman who has demonic powers over him. lololol

Anytime a husband or wife has an affair the person to blame is the person who didn't care about their wedding vows. That is where TM should have directed all her anger and rage instead of at Heather.

But that is what can happen just like it happened in the Cadet Murder case.

IMO

 

[jillycat]

I do not understand why if the police report says Heather was killed at PTL, people keep coming up with theories where she was killed elsewhere. Do people think the police report is lying? It's like people don't understand how the murder could happen in about 3 minutes, so they figure it had to have happened somewhere else. And I do think it makes more sense that she was kidnapped from PTL, but the police report says she was killed there.

I wonder if they found evidence she was killed in the truck, and were not able to find any evidence that she was killed in their home, so they mean she was killed in the truck at PTL?

I really do not think LE found evidence Heather was killed at their house. Didn't Tammy allow them to search the home a day later? Also, after the big search, I remember a quote by LE that said how the search helped to tie up some loose ends, but there was nothing significant found. Another thing is, LE seems to think Heather's body was dumped in the water at PTL, and why would you go back to where the victim's car is? It makes more sense for them to have killed Heather at PTL, and dumped her body immediately afterwards.

I think that LE does not have much physical evidence Heather is dead (People have speculated they could have found Heather's DNA (?) in the gun barrel (?) or something like that but LE says they do not know how she was killed) but are instead going to use the fact that she was very active on SM before this, no use of credit cards, had a very fulfilling life here, would not just get up and leave, to convince a jury she is dead.

There was nothing visibly remarkable, and perhaps nothing remarkable at all, at the PTL scene. They don't know how she was killed, they have no body, and by their own admission their case is strictly circumstantial, with multiple pieces of a puzzle building on a theme of murder. They've pretty well said straight out she's not in that river, nor are are belongings.

They said there were "back and forth" calls between the SM and Heather up til 6 a.m., when actually there there was a pay phone call by SM, an unanswered return call to a pay phone by Heather, other unanswered calls initiated later by Heather, and one answered call by SM at 3:17. The 6 a.m. issue is now couched as 'approximate', or something like that. I see no reason to cling to the murder at PTL scenario any more than I saw a reason to believe that Heather and SM were talking/texting/PM'ing for hours, that she was in control of her phone after 3:41, or still alive at 6 a.m.

LE has now said that by 6 a.m., she was in "harm's way". So...based on the claim she was killed at PTL, and the circumstantial evidence of a truck leaving PTL around 3:46, was she indeed killed at PTL by that time...or in harm's way and about to be killed at the 6 a.m. time? Because if you're dead at 3:46, the harm has long passed by 6:00.

The standard for the arrests is probable cause, not beyond a reasonable doubt. I don't think anyone believes the police are lying, and the law doesn't allow them to merely speculate. But I don't think they have stand alone evidence of a death at PTL. I think they have a lot of pieces that string together a probable cause murder scenario that got them their warrants and charges.

She may have been killed at PTL. But unless there are big surprises and smoking guns and blood at pre-trial, or even trial, I don't think anyone but the Moorer's know for sure.

JMO

 

[oceanblueeyes]

If the atty. or family/friends of SM read here...they must be delighted. It's all big, bad TMs fault! Not, meek, mild Sidney....he really cared about Heather....:sick:

Sorry that you think that, but I do think he was the much weaker sex between the two. That doesn't make him less guilty of course, even if true, which I do believe it is based on what I have read about these two individuals.

He strikes me as being a follower and not a leader.

Just like the guy cadet was the weaker one and the female cadet was the stronger one and the instigator/mastermind in the Cadet Murder case.

The male doesn't have to be the stronger one in every case and many times they aren't when two genders are involved.

Usually when female teens want a member(s) of their family murdered they are the strong leader and mastermind. They get their followers (weaker minded people) to help them in carrying the murders out.

 

[rob]

BBM- It may appear Sidney and Heather had no contact for awhile, but, I don't know how anyone can be sure of that. IMO

If he was still doing maintenance work at her emplorers place, I'm sure there could have still been some contact, BUT if there were calls being placed by cell phones, I'm pretty sure LE would have records of it.
I think HE telling T, 'you don't have to worry about me anymore' was probably true. HE thought that it was over.

MOO

 

[Lovejac]

FYI, I checked the Horry County Court website to get transcripts of the bond hearing, and it is $1.50 per page

Do we know how many pages?

 

[justonedrin]

(2) Probable Cause Requirement

Before the magistrate or municipal judge may issue the arrest warrant for execution, he must determine whether or not there is probable cause to believe that the named defendant committed the alleged offense. It is at this stage that the magistrate or municipal judge must not only insure that the execution of the law is in proper form, but he must also exercise his independent judgment. The arrest warrant process should not be treated as a bureaucratic process in which the magistrate or municipal judge becomes merely a rubber stamp for the police. The magistrate or municipal judge should not allow himself to become an agent of the police. The primary purpose of the arrest warrant is to provide for an independent judicial officer. It is the judge, not the police officer or citizen, who decides whether the prosecutorial power of the state should be brought to bear against a person.

Both the Fourth Amendment of the U.S. Constitution and Article I, Section 10 of the S.C. Constitution protects every person from "unreasonable seizures." An arrest must be based on probable cause, otherwise it is an "unreasonable seizure." "Probable cause" may be defined as a substantial and objective belief that the person to be arrested committed the alleged offense. Probable cause does not mean an absolute certainty, but it is more than a mere suspicion.

Therefore, the magistrate or municipal judge must find within the complainant's affidavit enough information that will justify a reasonable belief that (1) a crime has been committed and (2) the person to be arrested committed the offense. The information in the affidavit must be such that the magistrate can make the determination of probable cause. That is, the affidavit must contain facts, not conclusions. For example, if the complainant merely says, "I swear under oath that Brian Smith stole an automobile," it is conclusory and insufficient.

In many instances, the law enforcement officer may rely on facts provided by an informant. Generally the magistrate or municipal judge should encourage the informant to appear and swear to the alleged facts under oath. If this is not feasible, the magistrate or municipal judge may accept the hearsay information if the complainant can show in the affidavit that the informant is reliable. Here again, the magistrate or municipal judge may not rely on a conclusory statement e.g., "I received information from an informant who is reliable." The complainant must provide the magistrate with facts upon which the magistrate may decide if the informant is reliable or not. (See Search Warrants for further discussion on hearsay affidavits).

Finally, probable cause must exist at the time the warrant is issued, i.e. ultimate proof of guilt will not cure the lack of probable cause at the time of issuance. See Prosser v. Parsons, 245 S.C. 493, 141 S.E.2d 342 (1965). Whether probable cause exists depends upon the totality of the circumstances surrounding the information at the officers disposal. State v. George, 323 S.C. 496, 476 S.E.2d 903 (1996), cert. Denied, 520 U.S. 1123 (1997).


http://m.sccourts.org/summaryCourtBenchBook/HTML/CriminalC.htm

 

[Lovejac]

Yes the time frame at PTL does make for whatever happened there hard to figure out.

That LE is so sure that murder actually happened there makes it even more interesting.

I do wonder though, if HE fell and hurt herself and the M's did not get immediate medical attention, if any of the speculation is true that she was thrown in the truck after whatever happened and she was in need of medical attention, would that constitute it 'murder' happening at PTL since that is where the injury occurred?

Just thinking out loud IMHO

Kelly

I also wondering if LE had video evidence of the truck returning to PTL later that morning, 6 am ping time frame (was that ever confirmed) would they have brought that forth during the bond hearing? Or would that be a more damning piece of evidence they would want to hold over to next court date.

BBM

I'm wondering if one of the Moorer's stayed at the PTL with Heather after they killed her and the other one drove their truck back to the Moorer house for a boat or something else to help dispose of her, or even help from TM's dad.

 

[justonedrin]

2) Probable Cause Requirement

Many of the same points of law discussed under the Arrest Warrant section are applicable to search warrants. A search warrant may issue only upon a finding of probable cause. State v. Weston, 329 S.C. 287, 494 S.E.2d 801 (1997). A search is not reasonable unless there was probable cause to believe that the search would produce evidence of a crime or contraband. Probable cause is defined as a state of facts which would lead a man of ordinary care and prudence to believe that the object sought is presently located at the designated place. The standard is the same whether the search is with or without a warrant, but the constitutional provision and court decisions make it clear that a warrant is preferred, unless there is good reason for not taking the time to obtain the warrant.

A mere hunch, suspicion, guess or unfounded opinion that evidence or contraband will be produced by the search is not probable cause. The person seeking the search warrant must reasonably believe that the evidence or contraband is there, and must be able to point to facts which would create in any prudent and careful man a similar belief. However, if the affidavit standing alone is insufficient to establish probable cause, it may be supplemented by sworn oral testimony. State v. Adolphe, 314 S.C. 89, 441 S.E.2d 832 (1994). State v. Weston,329 S.C. 287 at 290, 494 S.E.2d 801 at 802 (1997). State v. Robinson, 335 S.C 620, 518 S.E. 2d 269 (Ct. App. 1999).

Probable cause as defined above must exist at the time of the search. Thus, a popular belief that seizable items were in a building sometime in the past does not constitute probable cause for a search unless there is a reasonable belief that the items are still there. Staleness of information establishing probable cause cannot be defined by arbitrary time limits. The question of staleness must be reviewed in light of all the circumstances. See State v. Baker, 251 S.C. 108, 160 S.E.2d 556 (1968). In other words, the observations upon which probable cause is based must have been made relatively recently in light of all the circumstances. In order for affidavit in support of search warrant to show probable cause, it must state facts so closely related to time of issuance of warrant as to justify finding of probable cause at such time; affidavit which fails altogether to state time of occurrence of facts alleged therein is insufficient. State v. Winborne, 273 S.C. 62, 254 S.E.2d 297 (1979).

The primary purpose of the search warrant is to provide for an independent judicial officer to objectively determine whether a search and seizure is justifiable.


Cops can not make up stuff in order to get a search warrants or arrest warrants. until we know further the warrants detail what information is believed to be true by the cops at that time or they are at risk of perjury.

 

[jillycat]

BBM

I'm wondering if one of the Moorer's stayed at the PTL with Heather after they killed her and the other one drove their truck back to the Moorer house for a boat or something else to help dispose of her, or even help from TM's dad.

I doubt this because, first of all, I think they had a plan, and secondly, it was too risky to stay there any length of time.

 

[Motherof5]

Elder said at 3:17 a.m., Elvis had a four-minute conversation with someone on Sidney’s cell phone. At that point, GPS showed that Elvis was still at home and Moorer’s cell phone was still at the Moorer home.
Elder said after the conversation, Elvis drove to the Peachtree Boat Landing.
“We know this because of the GPS coordinates from her phone,” Elder told the judge.

At 3:38 a.m., Elvis tried to call Sidney Moorer three more times, Elder continued. All phone data ended for Heather Elvis’ cell phone at 3:41 a.m.

Does LE have Heather on video driving to PTL or do they only know for certain that her phone was there by 3:38?

 

[cluciano63]

JMO, a person can be abused at home and still seek out an affair. Abused does not always mean cowering under a table. IF S was abused, it could have in the sense of constant belittling, insults, name calling etc. Same as many women endure.

I do think TM was abusive, maybe partly from alcohol. I had a friend who was an alcoholic, and she abused her boyfriend horribly, physically and emotionally/verbally.

If SM was or claims he was an abused spouse, he is safe now, so he can talk. But what if he does not have the answer?

 

[SeriouslySearching]

Elder said at 3:17 a.m., Elvis had a four-minute conversation with someone on Sidney’s cell phone. At that point, GPS showed that Elvis was still at home and Moorer’s cell phone was still at the Moorer home.
Elder said after the conversation, Elvis drove to the Peachtree Boat Landing.
“We know this because of the GPS coordinates from her phone,” Elder told the judge.

At 3:38 a.m., Elvis tried to call Sidney Moorer three more times, Elder continued. All phone data ended for Heather Elvis’ cell phone at 3:41 a.m.

Does LE have Heather on video driving to PTL or do they only know for certain that her phone was there by 3:38?

Good question. Really gives me something to think about since I am not able to wrap my head around the state's 3 minute killing spree. However, 3 minutes would be more than enough time to drop off her car at PTL.

 

[justonedrin]

. Drafting the Warrant

(1) Generally

If the magistrate or municipal judge determines that there is probable cause to believe the named defendant committed the alleged offense, then he may issue the warrant for execution.

In filling out the arrest warrant, the magistrate or municipal judge need not use precise legal language in describing the alleged offense. However, the description of the offense must be stated clearly so that the defendant will be informed of the charge(s) against him. Every element of the offense should be cited.

To avoid confusion, the magistrate or municipal judge should issue separate warrants for each defendant and for each offense. Also, the arrested person should be furnished a copy of the warrant and affidavit. (§22-5-210).



this is all based on SC State Law. there was an affidavit used to get the warrant. the affidavit has to TELL THE TRUTH! the affidavit states that she was murdered at PTL. that is a fact as of this date.

In our Plain Language Legal Dictionary, we define affidavit as “A written statement of facts, sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath.” In other words, when you sign an affidavit, you’re simply attesting, under law, that you swear a statement written in the affidavit is true.
cops tell the truth as they know it on affidavits for murder warrants

 

[Softail]

Refresher of what the warrants said:

The warrants for the murder charges state that Tammy and Sidney Moorer "did unlawfully, without just or sufficient cause, murder Heather Elvis with malice forethought." The kidnapping warrants state that the couple "did unlawfully seize, confine, kidnap, abduct or carry away Heather Elvis by any means whatsoever without the authority of the law."

The warrants for the Moorers claim the coupled murdered Heather Elvis with "malice forethought." Those two words have big meaning for the Moorers. Under the South Carolina penal code: "The killing of any person with malice aforethought" has a minimum punishment of 30 years, and a maximum of life imprisonment or even the death penalty. Solicitor Jimmy Richardson says he probably won't seek the death penalty in this case.

View the complete HCPD arrest warrants here: http://bit.ly/Nsb72k (Note: this is a 6-megabyte PDF file)

http://www.wmbfnews.com/story/24804641/hcpd-couple-to-be-charged-with-murder-of-heather-elvis


http://www.wmbfnews.com/story/24804641/hcpd-couple-to-be-charged-with-murder-of-heather-elvis

 

[Delta Dawn]

I've been thinking a lot about thermal imaging. Is it possible that they have video that has indicated thermally how many people were in the truck when it was traveling to PTL and how many there were leaving?

To further expound on that, we watch a lot of docu tv. Smithsonian channel, Nat Geo, military and science channels, etc. I know there was one my husband was watching one weekend about thermal imaging and DROID cameras. It said that cameras had the ability to even detect deceased among the living. Maybe something like this is in line with the comment in MSM by either LE or the solicitor that they were using new methods to determine some of the particulars in identifying the vehicle, etc. (Paraphrasing, I need to find the link to that.)

Just a thought.

Sent from my SM-N900P using Tapatalk

 

[magnolia]

If TM was taking photos...you have either a light on inside or a flash on the camera/phone allowing surveillance video to capture who was inside.

lol, I'm confused. You think TM was taking photos on the way to PTL???