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IN THE DISTRICT COURT OF THE TWENTY-THIRD DISTRICT ‘SITTING IN LINCOLN COUNTY STATE OF OKLAHOMA an caseno. L053) FOR THE PERSON OF: MICHAEL E. PORTER, P.O, BOX 185 MEEKER, OK DOB: 04-04-80 ‘SSN: 446 88 8938, Defendant. APPLICATION FOR WARRANT OF ARREST ee ‘Comes now the undersigned Affiant on this 20" day of October, 2005, and hereby ‘makes application to the Court for a Warrant of Arrest to issue against each of the following individual(s): MICHAEL E, PORTER In support of this application, the undersigned Afflant, boing first duly sworn, does now upon said oath, depose and say that the crinie(s) of MURDER IN THE FIRST DEGREE (21 0.S, § 701.7) did occur in Lincoln County, Oklahoma, approximately four (4) miles East of Meeker on Highway 62 and then North on top of the hill to the residence occupied by Raye Dawn Porter and Michael E. Porter on or about the 11” day of October, 2005. ‘The Affiant believes that the above named individual did commit the specified crimes by reason of personal knowledge, investigation and the reports of witness related thelr findings and observations of the facts and circumstances regarding the offense hereinabove named: ‘THOSE FACTS ARE: I KEVIN GARRETT, of lawful age, and being first duly sworn upon an oath, deposes and says: lam a Special Agent with the Oklahoma State Bureau of Investigation, State of Oklahoma, and hhave so for over eleven years. | have probable cause to believe that the following constituies ‘evidence of a crime: ‘On Tuesday, October 11, 2005, the Lincoln County Sheriff's Office requested OSB! investigative assistance involving a suspicious death that leter was determined to be a homicide by the Office of the Chief Medical Examiner. The victim was KELSEY SHELTON SMITH-BRIGGS, WF, DOB: 12/28/02, Post Office Box 185, Meeker, Oklahoma, (On Tuesday, October 11, 2005, PATTY BONNER, aka JEAN, Family Care Provider for ‘Services with Comprehensive Home Board Services (CHBS) reported the following information to OSBI Special Agent STEVE TANNER. On October 11, 2005, from noon until 1330 hours, BONNER arrived at the residence of RAYE DAWN and MICHAEL PORTER for a weekly visit with RAYE DAWN's daughter KELSEY. RAYE DAWN and KELSEY were the only people at the residence. BONNER observed KELSEY climbing on RAYE DAWN and KELSEY appeared and seemed normal. KELSEY was omery just like a normal two-year old gir, BONNER had been visiting RAYE DAWN and KELSEY for a litle over three months once and sometimes twice a Cas week for 2 minimum of two hours per visi. KELSEY seemed real close to RAYE DAWN and if RAYE DAWN left the room, KELSEY would become anxious and start looking for RAYE DAWN. ‘On Tuesday, October 11, 2005, RAYE DAWN PORTER, reported the following information to ‘OSBI Special Agent KEVIN GARRETT. On October 11, 2005, at 0730 hours, MICHAEL left for work and he took his daughter WHITNEY PORTER to school in Shawnee, Oklahoma, At noon Lunt approximately 1316 hours, BONNER was at the residence checking on KELSEY. At 1345 to 1400 hours, RAYE DAWN told KELSEY, "mommy was tired and going to lay down’. They go to RAYE DAWN's bedroom, get into the king size bed, and watch television. Within fiteen minutes, KELSEY fell asleep and then RAYE DAWN fell asleep. MICHAEL came home at 1445 hours and he woke RAYE DAWN up. RAYE DAWN got up leaving KELSEY sleeping in the bed. KELSEY was breathing lying on her back with her head toward the top of the bed KELSEY's head was on the feather pillow, RAYE DAWN left to pick up WHITNEY who gets out of schoo at 1500 hours. Kelsey was breathing fne-and.nainlutes to her ebdominal area when RAYE DAWN left the residence. RAYE Teft Kelsey in exclusive custody of MICHAEL and no one else was in the house. RAYE DAWN arrived at schoo! around 1510 hours and ‘drove back home. At approximately 1530 hours, RAYE DAWN drove up to her residence and saw one ambulance and one Meeker Fire and Rescue truck at her house. KELSEY was inside the ambulance. MICHAEL told RAYE DAWN that KELSEY was sleeping. MICHAEL walked into the bedroom and KELSEY was having a seizure. (On Tuesday, October 11, 2005, MICHAEL E. PORTER, reported the following information to (SBI Special Agent STEVE TANNER. On October 11, 2005, at 1415 or 1430 hours. MICHAEL left work in Meeker, Okiahoma driving straight home. When MICHAEL arrived home, RAYE DAWN and KELSEY were sleeping in MICHAEL and RAYE DAWN's bed. RAYE DAWN got up and KELSEY was stil sleeping. At approximately 1440 to 1445 hours, RAYE DAWN lef to pick Up MIGHAEL's daughter WHITNEY at school in Shawnee, Oklahoma, KELSEY was stil asleep inthe bedroom and MICHAEL was the only other person at home. MICHAEL cleaned up the kitchen, did some laundry, went upstairs to turn some lights off, and did some other things. ‘About fifteen to twenty minutes after RAYE DAWN left, MICHAEL was walking into the living room to turn on the television. As MICHAEL walked past his bedroom door where KELSEY slept. MICHAEL heard KELSEY grunt; the grunt was a weak grunt. MICHAEL ran into the bedroom and saw KELSEY having what he thought was a seizure. KELSEY had had seizures inthe past that MICHAEL had witnessed. KELSEY was lying on top of a pillow in the bed. KELSEY looked stif, her neck was stretched up, her hands were at her sides, her hands were clenched, and her jaw was clenched on her tongue. KELSEY's lips were blue and MICHAEL thought KELSEY had quit breathing. MICHAEL ta 3) and kept yeling at herto wake up. MICHAEL picked KELSEY up and she was n HAEL walked acund and teling KELSEY to wake up. KELSEY’s eyes were open and her eyes were roling aroul KELSEY gave a small grunt and itwas a guttural sound. MICHAEL carried KELSEY to the kitchen and put cold water on her face. A couple of minutes past and MICHAEL knew KELSEY was not coming out of it. EL something was wrong. MICHAEL didn't have any car Keys and a dent know whet todo, MICHAEL calod GAYA SMITH, RAYE DAWN's mother, MICHAEL knew SMITH was only aboUt ten minutes away. SMITH told MICHAEL she was on her way and for MICHAEL to call 811. MICHAEL lay KELSEY down on the kitchen’ island end called 911. As MICHAEL talked with 911, KELSEY became more unresponsive. MICHAEL no longer heard any guttural sounds from KELSEY. MICHAEL put his head near KELSEY's chest to listen for air. KELSEY was not breathing and MICHAEL tilted KELSEY’s head back. MICHAEL gave KELSEY four, five, or six breaths. MICHAEL kept talking to KELSEY to wake her Up. MICHAEL also did a few chest compressions to KELSEY. MICHAEL picked KELSEY Up and held her in his right am, KELSEY would grunt and MICHAEL thought she was being responsive. MICHAEL was going to go outside and wait on GAYLA and the ambulance, MICHAEL looked out the window and saw his friend MIKE TABER pull up the driveway. MICHAEL went outside with KELSEY in his right hand and the telephone wae in his let hand. KELSEY was limp and wobbly. TABER attempted fo hold KELSEY and MICHAEL handed the telephone fo TABER and told him to talk to 811. A couple of minutes later, SMITH pulled up in the driveway. SMITH took KELSEY from MICHAEL and the Meeker First Response showed up. ‘They took KELSEY from SMITH, put KELSEY in the ambulance, and started working on KELSEY, On October 14, 2005, MICHAEL NEAL TABER, reported the following information to OSB! ‘Special Agent KEVIN GARRETT. On Tuesday, October 11, 2005, at approximately 1520 hours, TABER went fo MICHAEL PORTER'S residence to pick up four tires and wheels he had Purchased from MICHAEL. TABER drove toward the long driveway to MICHAEL 's residence. Half way up the driveway, TABER could tell MICHAEL was outside, TABER drove up and parked by the residence. MICHAEL was holding KELSEY against his shoulder lke you would burp a baby. MICHAEL had the telephone in one of his hands. KELSEY's eyes were berely open. MICHAEL was crying and saying, "KELSEY wake up", “MIKE, | don't know what to do". MICHAEL did not mention anything about giving KELSEY GPR. TAGER took the telephone from MICHAEL and the 911 dispaicher was on the telephone. TABER told the dispatcher we have an emergency and gave the residence directions to the dispatcher. She said the ambulance had been dispatched. Several minutes, no longer than five minutes, GAYLA SMITH arrived. SMITH ran up to MICHAEL and took KELSEY from him. SMITH was holding and talking to KELSEY. The Meeker Fire and Rescue arrived short of making it to the residence. ‘SMITH had met them with KELSY. RAYE DAWN drove up with WHITNEY. RAYE DAWN walked up to SMITH and asked what was wrong with my baby. RAYE DAWN started to scream after SMITH talked to RAYE DAWN. (On Tuesday, October 11, 2005, GAYLA ANN SMITH, reported the following information to OSAL ‘Special Agent KEVIN GARRETT. On October 11, 2005, at approximately 1530 hours, MICHAEL PORTER called SMITH saying KELSEY had woke up and having a seizure. KELSEY's tongue was sticking out of her mouth. SMITH told MICHAEL to call 911 and she rove to the residence. MICHAEL had KELSEY in his arms outside in front of the house by the garage. SMITH was holding KELSEY's hand and KELSEY clinched SMITH's hand for a second. The ambulance hasn't arrived and MIKE TABER and his son were also at the house. ‘The Meeker First Responders arrived first. DAVID JENKINS and GREG SEBASTIAN started taking care of KELSEY. (On October 14, 2005, JOHN DAVID JENKINS, Intermediate EMT for the Meeker Voluntary Fire Department, reported the following information to OSBI Special Agent KEVIN GARRETT. On. Tuesday, October 11, 2008, at 1516 hours, JENKINS and GREG SEBASTIAN were dispatched through the Lincoln County Sheriffs Office for a Meeker First Responder unit to go one mile and Cone eighth of a mile east on highway 62 for a child not breathing call. This address ended up being wrong and later JENKINS heard the Prague ambulance being dispatched four miles and ‘ne eight of a mile east on highway 62 for a difficulty breathing call. At 1527 hours, JENKINS and SEBASTIAN arrived at the residence. GAYLA SMITH was carrying KELSY on SMITH's shoulder to the rescue unit. MICHAEL PORTER was walking behind SMITH. SMITH handed KELSEY to JENKINS. KELSEY had a blue tint coloring on her skin. KELSEY's fingernail coloring was blue and her lips were also blue in color. KELSEY had blue blotches on both cheeks and chin area. JENKINS couldn't tell fit was bruising or from KELSY not having perfusion, lack of oxygen. JENKINS checked KELSEY's ainvay, breathing, and circulation, KELSEY had no pulse and her body was at outside temperature. JENKINS knew KELSEY was dead. JENKINS did not see CPR being done on KELSEY. Neither SMITH nor MICHAEL told JENKINS that any CPR had been done. JENKINS and SEBASTIAN started CPR on KELSEY ‘and her skin started to turn a pink color. At approximately 1620 hours, the Prague Ambulance arrived. ‘On Wednesday, October 12, 2005, KEVIN ROWLAND, Office of the Chief Medical Examiner, Chief Investigator, reported the following information to OSBI Special Agent KEVIN GARRETT. ROWLAND reported KELSCY’s cause of death was Blunt Force Abdominal Trauma and the ‘manner of death was homicide. KELSEY had major abdominal trauma and it was non- accidental abdominal trauma. KELSEY had a lot of bleeding in her intestines. KELSEY had EY bruising on pressure points of ribs, front of chest, side, and back. KELSEY also had bruising between the vagina and anus. ROWLAND felt the injuries could have been caused from poselble kneeing, punching, or squeezing. KELSEY also had upper lp rising ‘On Wednesday, October 19, 2005, INAS YACOUB, Office of the Chief Medical Examiner, Pathologist, reported the following information to OSBI Agent KEVIN GARRETT. YACOUB reported the injuries which caused the death of KELSEY were recent. There was no clotting of the blood in the abdominal cavity. EL, 1ol2elos™ ‘Affiant FINDINGS OF PROBABLE CAUSE |, tho undersigned Judge of the District Court, upon application and examination of sworn testimony andior affidavit, hereby find that probable cause EXISTS to issue a warrant of arrest for the following individual: MICHAEL &. PORTER for the crime(s) of: MURDER IN THE FIRST DEGREE (21 0.S. § 710.7) Dated this 20 day of OCTOBER, (z005. Judge of the District Court 'N THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL DISTRICT OF ‘THE STATE OF OKLAHOMA SITTING IN AND FOR LINCOLN COUNTY. THE STATE OF OKLAHOMA, Plaintif, vs Case No. CF-2005-2/9 MICHAEL E, PORTER ADDR: P. 0, Box 195 Meeker, OK 74858 ssn: = > DOB: 04/04/80 ) ) ) ) ) ) ) ) ) ) ) ) Defendants), FELONY WARRANT ‘STATE OF OKLAHOMA, COUNTY OF LINCOLN, TO ANY LAW ENFORCEMENT OFFICER: YOU ARE HEREBY COMMANDED to forthwith arrest and take said MICHAEL E, PORTER into custody for the effense(s) of: COUNT 1; MURDER IN THE FIRST DEGREE~ 21 0.8. § 701.7 a FELONY ‘and bring him before me or somo other Magistrate haviny cognizance of the case, to be dealt with according to law. You are further directed to execute this wrt or warrant either in daytime of nighttime, Send for the release of the above named defendant, to guarantee sald defendant's appearance ail the Court's proceedings herein, be and the same Is hereby fixed in the sum of $9. pone Lntil the further Order of the Court. Dated this 264 aay of Ccober, 2006 ‘Judge of the District Court Presenting Agency (OKLA STATE BUREAU OF INVESTIGATION Agency Case Number EXTRADITE / ENTER Note: yes No Cree ONE: LOCAL ONLY ALL STATES SURROUNDING STATES (dontiiers: Gender: Male Race WHT Meghe 51" ‘Color GREEN Waar ‘260 be, Deg dez-cb-tcer Markiegs olor: BLACK. IN THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL oisfrt, THE STATE OF OKLAHOMA SITTING IN AND FOR LINCOLN COU! 2005 JUL 21° PS 15 | CINDY Vi cT. LiNéoLW ES “OMENS ‘THE STATE OF OKLAHOMA, Plaintiff, MICHAEL LEE PORTER ADDR: P.O. Box 185 Meeker, OK 74855 SSN zt Dos: 04/04/80 Case No. CF-2008-219 Defendant, AMENDED INFORMATION FOR: COUNT 4: MURDER IN THE FIRST DEGREE~ 21 0.8. § 701.7 AND 10 OS. § 7415 a FELONY ORIN THE ALTERNATIVE TO COUNT 4: COUNT 1: CHILD ABUSE ~ 10 0.8. § 7415(A) a FELONY. COUNT 2: SEXUAL ABUSE OF A CHILD ~ 10 0.8. § 7116(E) a FELONY | STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE: |, RICHARD L. SMOTHERMON, the undersigned District Attomey of said County, in the | frame and by the authority, and on behaif of the State of Oklahoma, give information that in said | County of Lincoln and in the State of Oklahoma, MICHAEL LEE PORTER, did then and there uunlawAully, wilfully, knowingly and wrongfully commit the crime(s) of: COUNT 4; MURDER IN THE FIRST DEGREE ~ a FELONY, on or between the 1" day of | January, 2005 and the 11" day of October, 2005, A.D., the crime of MURDER IN THE FIRST | DEGREE was feloniously committed in Lincoln County, State of Oklahoma, by MICHAEL LEE PORTER, wha willfully or maliciously injured, tortured, maimed, or used unrcasonable force upon a child under the age of eighteen (18) years, specifically: Kelsey Smith Briggs, thirty-three (83) months of age, to-wit: by MICHAEL LEE PORTER severely beating or using unreasonable force upon Kelsey Smith Briggs, thereby inflicting blunt force trauma to her abdomen resutting in | bruising, lacerations and intemal injury; and beating her on or about the head, face, chest, back, | buttocks, legs, inflicting mortal wounds which caused her death on the 11” day of October, | 2005, contrary to the provisions of Section 701.7 of Title 21 and Section 7115 of Tile 10 of the Oklahoma Statutes, and against the peace and dignity of the State of Oklahoma. DEFENDANT'S EXHIBIT, pens ~ OR IN THE ALTERNATIVE ~ COUNT 1 — CHILD ABUSE ~ » FELONY, on or botween the 1" day of January, 2008, and the 11° day of October, 2005, the crime of CHILD ABUSE was feloniously committed in Lincoin County, State of Oklahoma, by MICHAEL LEE PORTER, who wilfully or maliciously injured, tortured, maimed or used unreasonable force upon a child Under the age of eighteen (18) years, specifically: Kelsey Smith Briggs, thity-tnree (33) months of age, to-wit: by MICHAEL LEE PORTER severely beating or using unreasonable force upon Keisey Smith Briggs, thereby inflicting blunt force trauma to her abdomen resutting in bruising, lacerations and intemal injury, and bealing her on or about the head, face, chest, back, buttocks, legs, on the 11" day of October, 2005, contrary to the provisions of Section 7115 of Title 10 of the Oklahoma Statutes, and against the peace and dignity of the State of Oklahoma COUNT 2, CHILD SEXUAL ABUSE ~ a FELONY, on or between the 1" day of January, 2005, and the 11% day of October, 2005, the crime of SEXUAL ABUSE OF A CHILD was {eloniously committed in Lincoln County, State of Oklahoma, by MICHAEL LEE PORTER, who knowingly and intentionally looked upon and touched the body and private parts of Kelsey Smith Briggs, who was at the time thirty-three (33) months of age or less, in@ lewd and lascivious manner and in a manner calculated to arouse and excite sexual interests, to-wit: by MICHAEL LEE PORTER sexually assaulting Kelsey Smith Briggs in the anal and/or vaginal area with a part of his body or an unknown foreign object resulting in bruising and tearing to the anal and/or vaginal area of Kelsey Smith Briggs, contrary to the provisions of Section 7115 of Title 10 of the Oklahoma Statutes, and against the peace and dignity of the State of Oklahoma, RICHARD L. SMOTHERMON DISTRICT ATTORNEY or eal Richard L. Smothermon District Attomey WITNESSES ENDORSED FOR THE STATE OF OKLAHOMA