TX - Terri 'Missy' Bevers, 45, killed in church/suspect in SWAT gear, 18 Apr 2016 #41

[arkansasmimi]

Even with just Missy there are a number of warrants that I would expect to exist yet we have not seen. Among these would be:

Missy had an iPhone and iPad. She would have had at least one (you can have more than one) AppleID and there is no warrant to Apple for the AppStore, iTunes and iCloud services.
Missy is known to have at least two Yahoo! E-mail accounts and there is no warrant to Yahoo! for e-mail or other services such as PhotoBucket, or Tumblr, etc.
Missy is known to have at least one Twitter account and there is no warrant to Twitter for obtaining and direct messages as an example.
Missy is known to have at least one Instagram account and there is no warrant to instagram to obtain any information from any Instagram accounts.

CW is known to have had at least one Facebook account and per the MB Facebook probably cause affidavit MB was in contact with CW using that account and yet no FB warrant for CW.
CW is known to have e-mail accounts and there is no warrant to obtain e-mails from those providers.
CW is known to have other online accounts and there is no warrant to obtain information from those accounts.

It is very possible that MB belonged to sites with forums (fitness related, for example) that have private messaging capabilities (not unlike this site) and there are no warrants for such sites.

Everyone on the phone warrants likely has online SM, e-mail, and other online services (including cloud services) and there are no such warrants.

I find this perplexing and I can't see why warrants were not issued for these services.

JMHO, I think it would all pretty much depend on what they did or did not find on MB iPhone & iPad extraction. If they found something that needed further they would do a SW, but they did get MB facebook so they would have anything from that and also her LinkedIn account. (which CW gave concent to extract his cellphone- JMHO because LinkedIn says his phone was extracted and we saw no SW for it same with BB cellphones < 2 numbers listed unsure if they were his and one of the kids or what.
JMHO ATT SW for MB mostlily covered all those Apple services on the account < JMHO I could be wrong do do smart phones

 

[arkansasmimi]

I'm going to violate my own rule from my previous post and say one more thing.

Lonetraveler, in a year of serving as a GJ foreman, you have to know that there were numerous cases in which a person committed a felony and is arrested immediately or that same day. Right? So the suspect is already under arrest prior to a GJ having any opportunity to look at it. Because the prosecutor who would send it to the GJ hasn't even seen the police report yet.

A GJ is not able to issue a warrant for arrest if the person is already in custody or was previously arrested and bonded out.

Ok, now I'm really done.

:waitasec: There is also the cases where suspect was indicted and then arrested. Sorry Cannonball <self snip was uncalled for sorry> because this all goes back to your orig post. It was just your opinion that it would be an arrest first by your knowledge of following things that have happened in TX. But there is also the part of the TX Code that says if the person hasn't been arrested BEFORE the Indictment they have to wait to make the Indictment public. :deadhorse:

Will just take it that that was your opinion on a subject that was orig part of a poll that was probably misunderstood by you. We all know now that a GJ Indictment can come either before or after and arrest in Texas :sponge: :grouphug:

ETA: This appears to be a case not much like many others, we have seen it referenced to the other case from Kaufman County murders so it is going to be one of those "rare" cases JMHO

 

[arkansasmimi]

Jethro, have you considered that there might be federal warrants? What I wonder is that maybe within a day or two of the murder, MPD may have leaned heavily upon the FBI and their recommendations about how to proceed. And the FBI may have advised them that, wherever possible, federal warrants would be preferable to state/local ones because it would be easier to keep them out of the public eye. That's just my speculation.

I agree and we have seen MSM reports that stated at various times of the MPD Investigator meeting with Feds on regular basis.

 

[arkansasmimi]

:thinking: And that guy was an Attorney that did the killings! So given that the Suspect in MB murder was wearing SWAT type gear, they for sure are going to keep stuff close to the vest and I feel there are a very limited number of Investigators that know the "evidence" they do have. JMHO Going to be someone like in that case that helps break this case...


KAUFMAN, Texas (AP) &#8212; A North Texas woman has pleaded guilty to murder and been sentenced to 40 years in prison after she testified that she helped her husband gun down a district attorney, his wife and a top assistant in a revenge plot.
Kim Williams appeared in court Tuesday, two weeks after her husband, Eric Williams, was sentenced to death for one of the three killings.
She testified during Eric Williams&#8217; sentencing hearing that she was a &#8220;willing participant,&#8221; driving the getaway car after the January 2013 shooting of prosecutor Mark Hasse and helping hide weapons after the March 2013 shootings of Kaufman County District Attorney Mike McLelland and his wife, Cynthia.
Eric Williams was prosecuted in 2012 for stealing county-owned equipment. He lost his job and law license as a result.
http://ktemnews.com/killers-wife-pleadsguilty-in-texas-da-murder-case/?trackback=tsmclip

 

[Jethro4WS]

Jethro, have you considered that there might be federal warrants? What I wonder is that maybe within a day or two of the murder, MPD may have leaned heavily upon the FBI and their recommendations about how to proceed. And the FBI may have advised them that, wherever possible, federal warrants would be preferable to state/local ones because it would be easier to keep them out of the public eye. That's just my speculation.

Yes. That is possible. I guess I am stuck on why they have FB warrants for MB and BB but not at least for CW and possibly KC/MC. I can't see why those would be split.

There are a number of things that MPD has done/not done that I find questionable so in that sense it would not surprise me in the slightest that they hadn't even bothered to execute warrants for some or all of the things I mentioned.

I do expect there are warrants/subpeonas with the FBI in this case, particularly with more than one person of interest early on being across state lines at the time of the murder.

 

[Cannonball3804]

:waitasec: There is also the cases where suspect was indicted and then arrested. Sorry Cannonball I think your backpeddling because this all goes back to your orig post. It was just your opinion that it would be an arrest first by your knowledge of following things that have happened in TX. But there is also the part of the TX Code that says if the person hasn't been arrested BEFORE the Indictment they have to wait to make the Indictment public. :deadhorse:

Will just take it that that was your opinion on a subject that was orig part of a poll that was probably misunderstood by you. We all know now that a GJ Indictment can come either before or after and arrest in Texas :sponge: :grouphug:

ETA: This appears to be a case not much like many others, we have seen it referenced to the other case from Kaufman County murders so it is going to be one of those "rare" cases JMHO

Mimi, at no point did I ever state that indictment never came before arrest. In fact, this is now several times that I have said that the statutes allow for different scenarios and that by far the most common one is arrest, then indictment - but that other scenarios occur under certain conditions.

I'm not backpedaling on anything and I stand by everything I said. I've given you numerous links that clearly point to arrest, then prosecutor takes it to GJ.

I said I would stop posting about it, but not when you say something inflammatory such as that I'm "backpedaling". It's also telling that you reply in the discussion of lonetraveler not to take issue with a dubious claim that in an entire year of GJ the indictment always preceded arrest (this is impossible unless NC uses preliminary hearings more often than GJ; TX does not use preliminary hearings in lieu of a GJ), but to come at me yet again instead.

So let's just stop this okay? Before the entire thread gets shut down. It's gone far enough.

 

[arkansasmimi]

Mimi, at no point did I ever state that indictment never came before arrest. In fact, this is now several times that I have said that the statutes allow for different scenarios and that by far the most common one is arrest, then indictment - but that other scenarios occur under certain conditions.

I'm not backpedaling on anything and I stand by everything I said. I've given you numerous links that clearly point to arrest, then prosecutor takes it to GJ.

I said I would stop posting about it, but not when you say something inflammatory such as that I'm "backpedaling". It's also telling that you reply in the discussion of lonetraveler not to take issue with a dubious claim that in an entire year of GJ the indictment always preceded arrest (this is impossible unless NC uses preliminary hearings more often than GJ; TX does not use preliminary hearings in lieu of a GJ), but to come at me yet again instead.

So let's just stop this okay? Before the entire thread gets shut down. It's gone far enough.

Your right that wasn't nice and I will self edit. Again I respect you Cannonball and call a truce on this til we know more facts of situation of GJ . Have a Wonderful Sunday afternoon and thanks again for your help and local Texas insight. Especially since I am not use to that in my state. eace:

ETA, self snipped as that wasn't good choice of word and not nice tone... but this is part that kept being a sticking point. I see and understand that your not meaning it to be always the case. And I think we kinda agree this is gonna be or seems so at the time one of those "rare" times.

Orig by Cannonbasll snip Mimi, we can go look up and copy-and-paste statutes all day (your example above does not apply btw because it is about federal grand juries, not state). And statutes can tell us how the process CAN work. But they don&#8217;t tell us how the process DOES work, in actual practice. And as someone who lives in Texas, I can tell you that in actual practice, the grand jury indictment comes AFTER arrest.

 

[Cannonball3804]

Your right that wasn't nice and I will self edit. Again I respect you Cannonball and call a truce on this til we know more facts of situation of GJ . Have a Wonderful Sunday afternoon and thanks again for your help and local Texas insight. Especially since I am not use to that in my state. eace:

God bless and have a restful day!


Sent from my iPhone using Tapatalk

 

[Dollcat]

Jethro, have you considered that there might be federal warrants? What I wonder is that maybe within a day or two of the murder, MPD may have leaned heavily upon the FBI and their recommendations about how to proceed. And the FBI may have advised them that, wherever possible, federal warrants would be preferable to state/local ones because it would be easier to keep them out of the public eye. That's just my speculation.

Would steroids, stolen guns and /or possible LE connections be a reason for a Federal warrant?

 

[Jethro4WS]

JMHO, I think it would all pretty much depend on what they did or did not find on MB iPhone & iPad extraction. If they found something that needed further they would do a SW, but they did get MB facebook so they would have anything from that and also her LinkedIn account. (which CW gave concent to extract his cellphone- JMHO because LinkedIn says his phone was extracted and we saw no SW for it same with BB cellphones < 2 numbers listed unsure if they were his and one of the kids or what.
JMHO ATT SW for MB mostlily covered all those Apple services on the account < JMHO I could be wrong do do smart phones

Apple and ATT are two different entities. For example, if you use SMS to send text messages that would go through ATT and they would have the contents of the text message (ATT has saved every text message ever sent that has ever crossed their networks) on the other iMessage messages are sent as data over the ATT phone network or via a Wifi connection. ATT does not have them but Apple will. There are a number of apps, particularly chat applications, that also send messages via data over ATT or via Wifi that similarly might be held by those entities rather than ATT. There are also things like Google Voice or Skype or PalTalk that people in affairs like to use because with Google Voice, for example, you can get another phone number and use that to make calls or send text messages that go as data and do not show up as calls or messages on the itemized phone bill from ATT.

It is also common in infidelity situations that Apps for communication are installed, used, and the uninstalled every time they are used. There are OPSEC recommendations for cheaters available all over the internet and these are just basic unsophisticated ones that are used. It gets more sophisticated when one or both involved are not on their first rodeo and especially if they had been busted before. So the forensic phone dumps alone are not enough to tell you what has gone on in terms of communications. At the very minimum MPD should have approached obtaining as much communications as possible in much the same way as one would pursue an adultery investigation - which LE does not do ever because adultery laws are not enforced.

My feeling is that if MPD is looking for something they might have missed then it will likely be found in the communications domain.

 

[ocgrad]

I wasn't familiar with that case before your post. Looking at it now, they took the very unusual and "rare" step as a GJ of meeting multiple times about the case.

https://m.facebook.com/newswest9/posts/10154252256165017

Some aspects of this case to consider - at first, in mid Oct Zerk was a missing person and they had not recovered her remains yet. They began to suspect the BF two weeks after the disappearance.

GJ began to look into the case sometime between Oct and Dec. Called the BF to testify before them in Dec but he did not cooperate. There has been no indictment that we know of.

Complicating matters was this: "A prosecutor from the state attorney general's office is handling the case, according to Dodson, because the district attorney in office at the time of Verk's disappearance finished his term at the end of 2016."
http://www.dallasnews.com/news/crim...est-texas-near-dallas-area-woman-went-missing

Perhaps the fact that the prosecutor was a lame duck is at least one reason why he went ahead and took it to the GJ so early and without an arrest.

Then in early Feb, her remains were found and the BF was arrested the next day. Still no indictment returned as of yet. Do I have all that right?

Yes that's right. They initially convened a GJ to try to compel the BF to talk because he had been uncooperative with LE. Were holding out hope she could be found alive, and even though they knew that was unlikely they wanted information from him to at least find her body. So it was known that the GJ was hearing the evidence and witness testimony, just secret what they heard.

 

[arkansasmimi]

Apple and ATT are two different entities. For example, if you use SMS to send text messages that would go through ATT and they would have the contents of the text message (ATT has saved every text message ever sent that has ever crossed their networks) on the other iMessage messages are sent as data over the ATT phone network or via a Wifi connection. ATT does not have them but Apple will. There are a number of apps, particularly chat applications, that also send messages via data over ATT or via Wifi that similarly might be held by those entities rather than ATT. There are also things like Google Voice or Skype or PalTalk that people in affairs like to use because with Google Voice, for example, you can get another phone number and use that to make calls or send text messages that go as data and do not show up as calls or messages on the itemized phone bill from ATT.

It is also common in infidelity situations that Apps for communication are installed, used, and the uninstalled every time they are used. There are OPSEC recommendations for cheaters available all over the internet and these are just basic unsophisticated ones that are used. It gets more sophisticated when one or both involved are not on their first rodeo and especially if they had been busted before. So the forensic phone dumps alone are not enough to tell you what has gone on in terms of communications. At the very minimum MPD should have approached obtaining as much communications as possible in much the same way as one would pursue an adultery investigation - which LE does not do ever because adultery laws are not enforced.

My feeling is that if MPD is looking for something they might have missed then it will likely be found in the communications domain.

Thank you for this insight!

 

[Tippy Lynn]

Snipped and BBM

My feeling is that if MPD is looking for something they might have missed then it will likely be found in the communications domain.

I agree and I think pieces of this puzzle can be found from, sms, voice, data, cloud, apps, etc.,
JMO, This is being looked at closer than what it appears. It takes many, many hours and resources to go through and track this type of information.

 

[gliving]

Snipped and BBM



I agree and I think pieces of this puzzle can be found from, sms, voice, data, cloud, apps, etc.,
JMO, This is being looked at closer than what it appears. It takes many, many hours and resources to go through and track this type of information.

If this is indeed a capital murder case, I don't think we'll hear a word until an arrest is made. It's too big of a deal to leak any evidence they have. It could compromise the case.

Does Texas have a special team for prosecuting a death penalty cases?

 

[DeDee]

Jethro, you may breathe free from this worry for MiMi may be right on this issue of the iPhone data on Missy's phone. Of course, the data extraction will only be as good as the Forensic Tech operating the software. I recall in the Travis Alexander murder and the Hot Car Death of Cooper Harris that phone extractions were important and are sometimes critical in proving a case. In Cooper's murder, they extracted data from his father's phone. Then, later, the software had an update available so the Tech used the updated version to obtain deeper data from the convicted killer's hidden files. For these reasons, I am confident emails, images, videos, any apps everything on her phone, would be exported.

Even with just Missy there are a number of warrants that I would expect to exist yet we have not seen. Among these would be:

Missy had an iPhone and iPad. She would have had at least one (you can have more than one) AppleID and there is no warrant to Apple for the AppStore, iTunes and iCloud services.
Missy is known to have at least two Yahoo! E-mail accounts and there is no warrant to Yahoo! for e-mail or other services such as PhotoBucket, or Tumblr, etc.
Missy is known to have at least one Twitter account and there is no warrant to Twitter for obtaining and direct messages as an example.
Missy is known to have at least one Instagram account and there is no warrant to instagram to obtain any information from any Instagram accounts.

CW is known to have had at least one Facebook account and per the MB Facebook probably cause affidavit MB was in contact with CW using that account and yet no FB warrant for CW.
CW is known to have e-mail accounts and there is no warrant to obtain e-mails from those providers.
CW is known to have other online accounts and there is no warrant to obtain information from those accounts.

It is very possible that MB belonged to sites with forums (fitness related, for example) that have private messaging capabilities (not unlike this site) and there are no warrants for such sites.

Everyone on the phone warrants likely has online SM, e-mail, and other online services (including cloud services) and there are no such warrants.

I find this perplexing and I can't see why warrants were not issued for these services.

JMHO, I think it would all pretty much depend on what they did or did not find on MB iPhone & iPad extraction. If they found something that needed further they would do a SW, but they did get MB facebook so they would have anything from that and also her LinkedIn account. (which CW gave concent to extract his cellphone- JMHO because LinkedIn says his phone was extracted and we saw no SW for it same with BB cellphones < 2 numbers listed unsure if they were his and one of the kids or what.
JMHO ATT SW for MB mostlily covered all those Apple services on the account < JMHO I could be wrong do do smart phones

 

[Ayashley]

How in all of this did I never hear about this happening even though it was only a week after MBs murder?..

http://www.waxahachietx.com/news/20160425/police-seach-for-kidnappers

 

[Seriously?]

How in all of this did I never hear about this happening even though it was only a week after MBs murder?..

http://www.waxahachietx.com/news/20160425/police-seach-for-kidnappers

Probably, at least in part, because of this:

http://www.dallasnews.com/news/crim...kidnapping-that-led-to-amber-alert-police-say

She was arrested for giving a false report.

 

[Jethro4WS]

Jethro, you may breathe free from this worry for MiMi may be right on this issue of the iPhone data on Missy's phone. Of course, the data extraction will only be as good as the Forensic Tech operating the software. I recall in the Travis Alexander murder and the Hot Car Death of Cooper Harris that phone extractions were important and are sometimes critical in proving a case. In Cooper's murder, they extracted data from his father's phone. Then, later, the software had an update available so the Tech used the updated version to obtain deeper data from the convicted killer's hidden files. For these reasons, I am confident emails, images, videos, any apps everything on her phone, would be exported.

The forensic extractions alone might not be enough because another thing that happens in these kinds of circumstances is that some things are deleted from the phone, the phone is backed up, a factory reset is done on the phone, then the phone is restored from the backup. This will result in the permanent loss of data from that phone. So if there were dozens of iMessage messages deleted there would only be the indication of that (gaps in the message IDs in the message database) but no way to identify who sent or received those messages without going to Apple as just one example. In that example situation they probably could not get the message contents from Apple but should be able to learn the identity of the other party/parties in the deleted conversations.

Another example would be where contacts are exported, certain ones are deleted from the exported file, the entire contact list on the phone is deleted, and then the modified exported contact list is imported. This leaves no gaps in Contact IDs. However, it does leave the time the contact was added as a clue - many contacts will have the same added timestamp and the next ones a second later and so on. Continuing with that example someone might upload their contacts from their phone to an e-mail account on Google or Yahoo! or even Facebook. In the case where contacts were cleaned up from the phone it may be possible to identify other contacts from those e-mail accounts or Facebook.

Similar things can be done with photos or video, uploading them to DropBox as another example.

The basic premise is that just because something has been deleted from the phone and is not recoverable from the forensic dump it doesn't mean that what was deleted doesn't exist elsewhere. It may not turn up, but it should be something that LE at least tries to find.

The reason LE should look at Yahoo! (and any other known e-mail providers for MB) is that when you create a new account you usually supply another e-mail account to receive the verification message or a link to access the account for the first time. Often times this verification e-mail will be deleted but Yahoo! might have the information that would identify that a message was sent to the known account from another e-mail provider's account that sends out such verification messages. In this way you can identify any previously unknown e-mail accounts. It is not uncommon that the newly created account elsewhere was not then subsequently used as an address in the creation of another account, an so on.

What I would be looking for in Missy's case is anyone that knows or should know more about what was going on with Missy because they were communicating on these kinds of secondary or hidden channels or if they were participants in deleted conversations. If they hadn't been spoken to yet they should be interviewed. If they had been spoken to and did not volunteer they knew more then they should be re-interviewed like, yesterday! It may be the case that they don't know more but LE should find that out.

 

[al66pine]

Not to go too far O/T, but ...
False reports to LE, given by how many ppl = Total Waste of LE time & LE/tax money. JM2cts.

"The two juvenile witnesses eventually recanted their original statements about the kidnapping." bbm

"The hoax prompted an Amber Alert for this weekend. Several agencies jumped into action to help with the search for the van and suspects that they later found out did not exist.
"The most upsetting thing is that the abuse of the system ultimately makes the system itself less effective," Desoto Sgt. Nick Bristow told KDFW-TV (Channel 4)."

^ http://www.dallasnews.com/news/crim...kidnapping-that-led-to-amber-alert-police-say
Ap 28, 2016, same link as seriously? posted.

Back on topic to Missy Bevers pls.

 

[Linnie14]

I think the SP jumped in his vehicle and hauled *advertiser censored*. Blood would have to of gotten somewhere in the vehicle. Find the vehicle and find the SP. Also he would have probably ditched the SWAT uniform ASAP, especially if he was married and his wife was home. Where could the clothes be ditched quickly?

JMHO One way to ditch clothing would be to BURN THE SWAT outfit! Possibly in a remote location. Wish the suspected vehiclecould be located and searched for blood and any other evidence!!!!!