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ARREST WARRANT

(DISTRICT)(COUNTy) COURT, EL pAso COUNTY) STATE OF COLOIFl~ IN THE DISTRICT AND

WARRANT NUMBER i10-5881aw3 COUNTY COURT~·; 01:':

EL PA.SO CGUI'-j':"··,', G(·j:'C\~·','··"')

The People of the State of Colorado. Plaintiff

.JUL ~. a 2010

v.

Hanif DOB: 12f07/80, Black male, Height 606,Weight 185/ Black hair, Brown eyes, SSN: ) Defendant

Whereas Detective Joseph Kelemen has made an Application and Affidavit to the Court for the issuance of an Arrest Warrant, and;

Whereas the application is in proper form and probable cause is found to believe that the person named in the application has committed the offensc(s) of;

CRS 18-6-401 Child Abuse resulting in death, 1 Count, Class 2 Felony in violation of Colorado Revised Statutes within the County of El Paso and State of Colorado;

THEREFORE, any peace officer into whose hands this Arrest Warrant shall come is hereby

ordered to arrest Sim nif D : 12/07/80, Black male. Height 606.Weight 185, Black hair.

Brown eyes, SSN; ! and bring her without unnecessary delay before the nearest Judge

of the County or District Court.

It is further ordered that Bond is set in the amount of:

s S-60,Dt:;:C), 00 (B"'€. hVIVdW ..j..J'~llSd,...d)

dollars

Done this __ __,g....__fe day of ~-----_-,20 10 .

Time 6~·_~20-=-· __ a.m, ~

COURT:

I~~

J

RETURN AND SERVICE: I have duly served this Arrest Warrant by arresting the aforementioned

Defendant as required on the day of ) 20 _

Signed: -::-:----=-= ___

Law enforcement agency: EI Paso County Sheriff's Office

fC

--

SS

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(DISTRICT) (COUNTY) COURT, EL PASO COUNTY, STATE OF COLORADO WARRANT NUMBER i 1 0-588] aw3

FILED IN THE D:STR!CT (\ND COUNTY COLJF"il'S O~

APPLICA TION AND AFFIDA VII FOR ARREST WARRANT

.JUL 0 8 2010

The People of the State of Colorado, Plaintiff

V.

Sims, Hanif DOB: 12107/80, Black male, Height 606,Weight 185, Black hair. Brown eyes Defendant

The undersigned) a peace officer as defined in 1O~ 1 ~90 1 (3) (1), C.R.S. 1973, as amended) being first duly sworn on oath moves the Court to issue an Arrest Warrant for: Sims. Hanif 008: 12107/80, Black male. Height 606.Weight 185, Black hair. Brown eyes, SSN: provided in Rule 4.2 of the Colorado Rules of Criminal Procedure.

As GROUNDS THEREFORE, the undersigned applicant states that the facts submitted in support of this request are set forth in the accompanying attachment designated as Attachment "A" which is attached hereto and made a part hereof and that probable cause exists to believe that the aforementioned person has committed the offcnse(s) of:

CRS 18-6-401 Child Abuse resulting in death} 1 Count, Class 2 Felony in violation ofC.R.S. 1973, as amended within the County ofEl Paso and State of Colorado.

It is respectfully requested that bond on this Arrest Warrant be set in the amount of:

s spO, 000. OCI Dollars

~O&I07

Sworn and subscribed before me this

??~ day of 0~ ,2010.

JcM)~

Judge

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ATTACHMENT "Au

Your Affiant is Detective Joseph Kelemen, a regularly employed Deputy Sheriff for_the County of EI Paso, State of Colorado, and currently assigned to the Investigations Division of the EI Paso County Sheriffs Office (EPSO). Your Affiant has been so employed for the past 14 years.

The facts set forth within this affidavit are based upon information your affiant has gained from this investigation, your affiant's personal observations, your affiant's training and experience, and/or information related to your affiant by other law enforcement officers. Since this affidavit is being submitted for the limited purpose of securing an arrest warrant, your affiant has not included each and every fact known to him concerning this investigation, but have set forth only the facts that are necessary to establish probable cause to believe that violations of CRS 18·6-401 Child abuse resulting in death occurred.

i

On Friday, May 14, 2010, Your Affiant was contacted by Detective Sergeant B. Burns and briefed

with specifics regarding a suspicious death at the residence of 764 Century Place #A~ Monument, unincorporated EI Paso County.

Your Affiant learned the following:

On Friday, May 14~ 2010, at approximately 4:30 p.m. Sergeant William Burns was contacted by the Monument Police Department in regards to a suspicious incident. Sergeant Burns relayed the following facts. He stated on this day at approximately 3:45 p.m. Officers from the Monument Police Department were dispatched to 764 Century Place, unit "A" in regards to a possible body which was located in a crawl space inside of the residence, by contractors who were replacing a sump pump. Your Affiant was told the contractors had discovered a garbage bag under the crawl space, while digging more than 30 inches down when they found what they initially thought was buried trash due to the strong odor emanating from it. Your Affiant was informed that after they replaced the sump pump they became curious about the bag they had found burled deep in the crawl space and decided to check it when they discovered what appeared to be human remains.

At approximately 6:00 p.m., Your Affiant along with Sergeant Burns and Inspector San Agustin responded to the above mentioned address. Your Affiant learned the following information; the property had been vacant since October 2009. The owner, identified as Bob Longfield who currently resides in Arizona, had recently hired two independent contractors to do some repairs at the residence for him. The contractors were identified as Mark Michael DOB: 02-23-69 and Mark Schoning, DOB: 10-31-77 and are the parties who found the remains.

On Saturday, May 15,2010, at approximately 8:00 a.rn., Dr. Robert Bux performed an autopsy on the victim.

The unidentified victim, referred to as Jane Doe at the time, was described as a female approximately 7-10 years of age. She measured approximately 5'0111 tall and weighed approximately 43 pounds with her clothes on. She was wearing socks, jeans, underwear, and a tshirt. Additionally, a friendship-type wristband was located on her left wrist. The victim appeared to be a black female; however, Forensic Pathologist Dr. Bux could not confirm that at that time.

Investigators were able to determine through interviews and record searches that the residence was occupied by a black family from November 2008 to February 2009. They were identified as Monique Lynch, Hanif Sims and two children described as a '2 year old male Devon Lynch and 7 year old female Genesis Sims. During a neighborhood canvass, at least two neighbors advised they had stopped seeing Genesis at the residence and asked the parents where she was. They were told by the parents that they had sent Genesis back to live with her famify in New Jersey. The

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neighbors also said they hs., witnessed physical abuse of Ge. ,,_,sis Sims by Hanif Sims and Monique Lynch.

Detectives were able to identify family members for both Hanif Sims and Monique Lynch and none of the family members had seen Gensis alive since they left New JerseYf even though they had been told contradicting stories by Hanif Sims and Monique Lynch concerning the child's whereabouts.

On May 2812010 Detective Losasso interviewed Devon Lynch, the son of Monique Lynch who had resided with the Monique Lynch and Hanif Sims the last time Genisis had been seen alive. Devon was In foster care at the time of Detective Losasso's interview. Devon said on December 10, 2008 he had been at home at 764 Century Place in Monument, Colorado to open his birthday gifts with his step sister Genesis. He said afterwards he went over to hls friend Jonathan's house until December 12, 2008. Devon said when he returned he was told by his mother and Hanif they had sent Genesis back to New Jersey to live with her biological mother.

Detectives contacted the biological mother of Genesis Sims, Jopetia Garretson, who said she has not seen or heard from her daughter Genesis since Monique Lynch and Hanif Sims moved to Colorado in 2008. Ms. Garretson provided buccal swabs to investigators to compare her DNA with the DNA of the victim.

Detective Losasso showed Devon Lynch a picture of the multi-colored burlap bag Jane Doe's body was found inside. Devon positively identified the bag as one his mother used to put laundry in.

On July 5f 2010 at approximately 4:00 p.m. Detective Losasso was contacted by Detective Sergeant William Burns In regard to this investigation. Sergeant Burns advised he had been contacted by the EI Paso County Sheriff's Office Public Information's Officer (PIG) identified as Lieutenant Lari Sevene. He said she informed him Reporter Tak Landrock of KRDO News Channel 13 had called her and stated he had been in contact with both Hanif Sims and Monique Lynch reference our investigation. Sergeant Burns said Mr. Landrock informed him that he had recorded his conversation with Sims and Lynch and confirmed that they had offered an explanation for the death and burial of Genesis Sims. Mr. Landrock agreed to provide the Sherift's Office a copy of the interview if a warrant or subpoena for the recording was provided.

On July 5, 2010, Detective R. Losasso conducted an interview with Tak Landrock at the EI Paso County Sheriffs Office Law Enforcement Bureau. Mr. Landrock advised he had initially been contacted by Monique Lynch and Hanif Sims via his Facebook account through the internet and then later by cell phone. Mr. Landrock stated Monique told him she had an explanation as to what happened to their daughter Genesis -Sirns and would be willing to talk to detectives in reference to the case, Mr, Landrock provided a cell phone number for Monique Lynch and Hanif Sims, but when Detectives attempted to contact them, determined the cell phone had been turned off. Messages were left for Monique Lynch and Hanif Sims but never returned.

A warrant was obtained for the recording containing the conversation between Monlque Lynch and Hanif Sims, which was provided by New Channel 13. After reviewing the recording, Monique Lynch made statements as to being at a friend's house and returning to her residence at 764 Century Place #A, Monument, Colorado and finding Genesis Sims in the shower "dead". Monique Lynch stated that her husband attempted "CPR" on Genesis but was unsuccessful in reviving her. Monique Lynch stated during the recording that she and Hanif had held a memorial service for the child, when they buried her in the crawlspace of the residence and said she had I~Ff flovvcr-::; on the grave. When questioned ss to why slle did not Gall 911, Ms, Lynch said she dId not trust the Monument Police Department.

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On July- 6. 2010, LabCorp;· d private laboratory and the cen, ado Bureau of Investigations confirmed that the samples tested from the victim Jane Doe in this case was the biological daughter of Ms. Garretson and proving that the corpse was that of Genesis Sims, DOB 1/19/01.

Investigators obtained lawful search warrants for phone records of Monique Lynch and court order for the production of records in regards to Facebook accounts for Monique Lynch. This information. combined with some investigative leads, Monique Lynch and Hanif Sims were located in a motel in Henderson Nevada.

Authorities in Henderson Nevada were contacted and responded to the address where they took Monique Lynch and Hanif Sims into custody on existing outstanding warrants. Both Monique Lynch and Hanif Sims were booked into the Henderson Nevada Detention Center.

On July 7,2010 Sergeant Detective R. Jaworski and Detective R Losasso responded to Henderson Nevada in an attempt to interview Ms. Lynch and Mr. Sims in reference to this case.

At approximately 11 :00 p.rn., Sergeant .Jaworski and Detective Losasso conducted an interview of Hanif Sims at the Henderson, Nevada detention facility. Hanif was explained his Miranda Rights, waived those rights and agreed to speak with them. Hanif Sims told Detective Losasso that on the day of her death, Genesis Sims had soiled herself and Monique Lynch became upset and began "beating" her with a belt. Hanif said he told Monique to stop she had disciplined Genesis enough. Monique then took Genesis upstairs to clean her up. Hanif left the residence to go the store to buy cigarettes. Hanif Sims said when he returned to the residence, about a half hour later, he went upstairs and found Monique in fhe bathroom with Genesis. Genesis was dead in the bathtub. Hanif Sims became very emotional and his voice faded. When asked if he thought that Monique Lynch was responsible for Genesis Sims death he hung his head nodded vertically and stated "Yes".

On July 8, 2010 at approximately 1 :30 a.rn., Detective Losasso conducted an interview with Ms. Lynch in reference to this case. Ms. Lynch stated she has never abused her children or even spanked them. When confronted with her son Devon telling Detectives she had spanked them with a belt. Monique stated Devon was a "liar". Monique stated she did not contact police when she found Genesis in the shower because the police were racist.

On July 8, 2010 at approximately 11 :00 a.rn., a second intervlew was conducted with Hanif Sims by Detective Losasso and Sergeant Jaworski. During the interview, Hanif Sims provided additional details to include, on the day Genesis died he had returned from the store and went upstairs to find that Monique Lynch was in the bathroom with Genesis Who was in the bathtub. Hanif Sims said Monique Lynch was yelling at Genesis, telling her to "get her ass up and quit faking."

Hanif said he picked Genesis up took her to the bed and gave her mouth to mouth because she didn't seem to be breathing. Hanif said it appeared that Genesis Sims was breathing but

shallow. f

According to Har,if Sims, he told MoniQue to call 911, but that Monique told him 00 because she was wanted on a warrant for her arrest and she was pregnant with another child and could not afford to go to jail. Hanif admitted to detectives that he believed that if medical had responded when they should have called. Genesis would be alive todav.

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Hanlf Sims stated that he ah.:i Monique Sims stayed in a bedrov,",I with a sha[low breathing Genesis Sims for two days before Monique Lynch place the victim into the multi-colored burlap bag. then placed that bag into a black trash bag.

Hanif Sims stated he carried the bag into the crawl space, where he and Monique together dug the hole that the body was burled in. Hanif Sims never provided that the victim stopped her shallow breathing prior to being placed in the bag and buried.

In summary, Hanif Sims is the victim's biological father. Monique Lynch was living with the

. victim and was a regular care provider for the victim. Both Hanif Sims and Monique Lynch were reported for abuse of the victim or have been witnessed in abuse of victim. According to Hanif Sims, two days prior to the victim's death, the victim was beaten by Monique Sims and that action resulted in the victim lying in an unconscious state in the bathroom of the home in EI Paso County Colorado. The victim was alive and breathing, albeit shallow, while both Hanif Sims and Monique Lynch made the decision to refuse medical care for the child and did not call 911 or request care. After two days, according to Hanif Sims, Monique Lynch placed the victim in a sack and plastic bag. Mr. Sims provided that he carried the victim in the bags to a crawl space below the home located at 764 Century Place, #A, where both he and Ms. Lynch dug a "deep" hole and buried the victim together.

Therefore, based on the above described facts and circumstances, Your Affiant respectfully moves this Honorable Court for issuance of an arrest warrant naming Sims Hanif DOB: 12107/80, Black male. Height 606,Weight 185, Black hair, Brown eyes, SSN: defendant for the crime(s} of: eRS 18-6-401 Child Abuse (resulting in death), Felony C.R.S. 1973, as amended.

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