..

IN THE DISTRICT COURT OF THE TWENTY .. THIRD DISTRICT SITTING IN LINCOLN COUNTY

STATE OF OKLAHOMA

FOR THE PERSON OF:

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CASE NO.

MICHAEL E. PORTER, P.O. BOX 185 MEEKER,OK

DOB: 04~4·80

SSN: 446 88 8938

Defendant.

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APPLICATION FOR WARRANT OF ARREST

Comes now the undersigned AfflQnt on this 20th 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 Affiant, being first duly sworn, does now upon sa.id oath, depose and say that the crime(s) of:-

MURDER IN THE FIRST DEGREE (21 O.S. § 701.7)

did occur in Lincoln C,?unty, Oklahoma, approximately four (4) miles l:a8t 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 11th 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 witnesses who have related their findings and observations oftha rac·ts 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:

I am a Special Agent with the Oklahoma State Bureau of Investigation, State of Oklahoma, and .have so for over eleven years. I have probable cause to believe that the following constitutes evidence of a crime:

On Tuesday, October 11, 2005, the lincoln County Sheriff's Office requested OSSI investigative assistance involving a suspicious death that later was determined to be a homicide by the Office of the Chief Medical Examiner. The victim was KELSEY SHELTON SMITH~BRIGGS, WF, 008: 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 as BI 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 ornery just like a normal two-year old girl. BONNER had been visiting RA YE DAWN and KELSEY for a littre over three months once and someti mes twice a

week for a minimum of two hours per visit. KELSEY seemed real close to RA YE DAWN and if RAYE DAWN left the room, KELSEY would become anxious and start looking for RAVE DAWN.

On Tuesday, October 11, 2005, RA YE DAWN PORTER, re~~rt~d thefriir;;;~g inf~;.mationTo-·- ,._, as BI S peclal Agent KEVI N 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 until 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 fifteen .

minutes, KELSEY feli asleep and then RAYE DAWN feli 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.RA YE DAWN left to pick up WHITNEY who gets out of school at 1500 hours. Kelsey was breathi'fY fine and no injuries to her abdominal area when RA YE DAWN left the residence. RA YE UAW left Kelsey in exclusive custody of MICHAEL and no one else was in the house. RAYE DAWN arrived at school around 1510 hours and drove back home. At approximately 1530 hours, RA YE 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 OSBI Special Agent STEVE T ANNE R. On October 11, 2005, at 1415 or 1430 hours, MICHAEL left work in Meeker, Oklahoma driving straight home. When MICHAEL arrived home, RA YE DAWN and KELSEY were sleeping in MICHAEL and RA YE DAWN's bed. RA YE DAWN got up and KELSEY was still sleeping. At approximately 1440 to 1445 hours,RAYE DAWN left to pick up MICHAEL's daughter WHITNEY at school in Shawnee, Oklahoma. KELSEY was stili asleep in the bedroom and MICHAEL was the only other person at home. MICHAEL cleaned up the kitchen, did some laundry, went upstairs to tum some lights off, and did some other things. About fifteen to twenty minutes after RA YE DAWN left, MICHAEL was walking into the living room to tum on the televisi.on. 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 in the past that MICHAEL had witnessed. KELSEY was lying on top of a pillow in the bed. KELSEY looked stiff, 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 t~ed K§.SEY o~~e and kept yelling at her to wake up. MICHAEL picked KELSEY up and she was nOFlnI fJ~HAEL W~=d arpund and telling KELSEY to wake up. KELSEY's eyes were open and her eyes were rolling around. KELSEY gave a small grunl and it was a guttural sound. MICHAEL carried KELSEY to the kitchen and put cold w_jW on her face. A cmYp1e of mjnutes past and MICHAEL knew KELSEY was not coming out of n. MICHAEL !soew something was wrong. MICHAEL didn't have any car keys and he didn't know what to do .. MICHAEL called GAYLA 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 911. MI.gHAEL lay KELSEY down on the kitchen's island and 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 arm. KELSEY would grunt and MICHAEL thought she was being responsive. MICHAEL was going to go outside and wait on GA YLA 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 was in his left hand. KELSEY was limp and wobbly. TABER attempted to hold KELSEY and MICHAEL handed the telephone to TABER and told him 10 talk to 911. A couple of minutes Jater, SMITH pulled up in

the driveway. SMITH took KELSEY from M[CHAEL 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, M[CHAEL NEAL TABER, reported the following information to OSS[ Special Agent KEVIN GARRETT. On Tuesday, October 11,2005, at approximately 1520 hours, TABER went to MICHAEL PORTER's residence to pIck up four tires and wheels he had purchased from MICHAEL TABER drove toward the long driveway to M[CHAEL's residence. Ha[fway up the driveway, TABER could tell MICHAEL was outside. TABER drove up and parked by the residence. MICHAEL was holding KELSEY against his shoulder like you would burp a baby. MICHAEL had the telephone in one of his hands. KELSEY's eyes were barely

. open. MICHAEL was crying and saying, "KELSEY wake up", "MIKE, I don't know what to do".

M[CHAEL did not mention anything about giving KELSEY CPR. TABER took the telephone from M[CHAEL and the 911 dispatcher was on the telephone. TABER told the dispalcher we have an emergency and gave the residence directions to the dispatcher. She said the ambulance had been dispatched. Several minutes, no [anger than five minutes, GAYLA SM[TH 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 upwilh WHITNEY. RAYE DAWN walked up to SMITH and asked what was wrong with my baby. RAYE DAWN started to scream after SMITH talked to RA YE DAWN.

On Tuesday, October 11, 2005, GA YLA AN N SM [TH, reported the fa [[owing information to OSBI Special Agent KEV[N GARRETT. On October 11, 2005, at approximately 1530 hours, M[CHAEL 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 drove to the residence. MICHAEL had KELSEY in his arms outside infrant 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 DAV[D JENKINS, Intermediate EMT for the Meeker Voluntary Fire Department, reported the following information to OSB[ Special Agent KEVIN GARREn. On Tuesday, October 11.,2005, at 1516 hours, JENKINS and GREG SEBASTIAN were dispatched Ihrough Ihe Lincoln County Sheriff's Office for a Meeker First Responder unit to go one mile and one eighth of a mile east on highway 62 for a child not breathing caj. This address ended up being wrong and later JENKINS heard the Prague ambulance being dispatched four miles and one eight of a mile east on highway 62 for a difficulty breathing call. At 1527 hours, JENKINS and SEBAST[AN arrived at the residence. GAYLA SMITH was carrying KELSY on SM[TH's shoulder to the rescue unit. MICHAEL PORTER was walking behind SMITH. SM[TH handed KELSEY to JENKINS. KELSEY had a blue tint coloring on her skin. KELSEY's fingernail coloring was blue and her [ips were also blue in color. KELSEY had blue blotches on bolh cheeks and chin area. JENKINS couldn't tell if it was bruising or from KELSY not having perfusion, lack of oxygen. JENKINS checked KELSEY's airway, breathing, and circulation. KELSEY had no pulse and her body was at outside temperature. JENKINS knew KELSEY was dead. JENK[NS did not see CPR being done on KELSEY. Neither SMITH nor M[CHAEL lold JENKINS that any CPR had been done. JENKINS and SEBASTIAN started CPR on KELSEY and her skin started 10 turn a pink color. At approximately 1530 hours, the Prague Ambulance arrived.

On Wednesday, October 12, 2005, KEVIN ROWLAND, Office of the Chief Medical Examiner, Chief Investigator, reported the following intormationto OSB[ Special Agent KEVIN GARREn. ROWLP.ND reported KELSEY's cause of death was Blunt Force Abdominal Trauma and the manner of death was homicide. KELSEY had major abdominal trauma and il was nonaccidental abdominal trauma. KELSEY had a Jol of bleeding in her intestines. KELSEY had

bruising on pressure paints 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 possible kneeing, punching, Or squeezing. KELSEY also had upper lip bruising.

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.

Subscribed and sworn before me this

9<0 -In day Of ...... Oa ............ · ~r/:<--_. -,,200 '5

F;INDINGS OF PROBABLE CAUSE

I, the undersigned Judge of the District Court, upon application and examination of sworn testimony andlor affidavit,. hereby find that probable cause EXISTS to Issue a warrant of arrest for the following Individual: MICHAEL E. PORTER

for the crime(s) of: MURDER IN THE FIRST DEGREE (21 0.5. § 710.7)

Dated this 20TH day of OCTOBER'Mo05. J~

__ ._.~tJ~M~,_~~~~~~-~ _

Judge of the District Court

IN THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL DISTRICT OF THE STATE OF OKLAHOMA srrnxo IN AND FOR LINCOLN COUNTY

THE STATE OF OKLAHOMA, Plaintiff,

Case No. CF.2005.~A

vs,

MICHAEL E. PORTER ADDR: P. O. Box 185 Meeker, OK 74855 SSN: -'

DO B: 04/04/80 Defendant(s),

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 offense(s) of:

COUNT 1:

MURDER IN THE FIRST DEGREE- 21.0.S. § 701.7 a FELONY

and bring him before me or some other Magistrate having cognizance of the case, to be dealt with according to law. You are further directed to execute this writ or warrant either in daytime or nighttime.

Bond for the release of the above named defendant, to guarantee said delendant's appearance irl all he Court's proceedings herein, be and the same is hereby fixed in the sum of $ /I 0 h ~ until the further Order of the Court.

Dated this ~ay of October, 2005.

Presenting Agency:

OKLA. STATE BUREAU OF INVESTIGATION Agency Case Number:

EXTRADITE I ENTER NCIC:

NO

Circle ONE:

LOCAL ONLY

ALL STATES

SURROUNDING ST,\TES

Identifiers:

Gender:

Height:

Weight:

DL#:

Markings:

Male

6' 1· 2501bs.

OB 2-09-4861

Race: WHITE Eye Color: GREEN Hair Color: BLACK

IN TH. E DISTRICT COURT OF THE TWENTY·THIRD JUDICIAL DISfA.~. D

THE STATE OF OKLAHOMA SmlNG IN AND FOR LINCOLN COU .

2006 JUl2 J Ptl 5

THE STATE OF OKLAHOMA, ) ,-

Plaintiff. ) C I ~fO ',' i; i,-; b '( CT •. cdc

) LINCOLN CO .• OKLA •.

VS. )

} ._.:8

MICHAEL LEE PORTER )

)

ADOR: P.0.Box185 )

Meeker, OK 74855 ) Case No. CF·2005-219

SSN: .: =".. - - _--- )

DOB: 04104180 )

)

Defendant. )

AMENDED INFORMATION

fOR:

COUNT 1: MURDER IN THE FIRST DEGREE- 210.5. § 701.7 AND 10 0.5. § 7115 a FELONY

OR IN THE ALTERNATIVE TO COUNT 1:

COUNT 1: CHILD ABUSE -100.5. § 7115(A) a FEL~NY

COONT 2: SEXUAL ABUSE OF A CHILD -100.5. § 7115(E) a FELONY

.tr!it:-;!· STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE:

I, RICHARD L. SMOTHERMON, the undersigned District Attorney of said County, in the name and by the authority, and on behalf 01 tMe State of Oklahoma, give information that in said County of lincoln and in the State of Oklahoma, MICHAEL LEE PORTER, did then and there unlawfully, willfully, knowingly and wrongfully commit the crime(s) of:

COUNT 1: MURDER IN THE FIRST DEGREE - a FELONY, on or between the t" day of January, 2005 and the 11th 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, who willfully or maliciously injured, tortured, maimed, or used unreasonable force upon a child under the age of eighteen (18) years, specifically: Kelsey Smith Briggs, thlrty-three (33) 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 resulting in bruising, lacerations and intemal injury; and beating her on or about the head, face, chest, back, buHocks, legs, inflicting mortal wounds which caused her death on the 11 m day of October, 2005, contrary to the provisions of Section 701.7 of Title 21 and Section 7115 of Title 10 of the Oklahoma Statutes, and against the peace and dignity of the State of Oklahoma.

- OR IN THE ALTERNATIVE -

COUNT 1 CHILD ABUSE - a FELONY, on or between the 1'1 day of January, 2005, and the 111h day of October, 2005, the crime of CHILD ABUSE was feloniously committed in Lincoln County, State of Oklahoma, by MICHAEL LEE PORTER, who willfully or maliciously injured, tortured, maimed or used unreasonable force upon a child under the age of eighteen (16) years, specifically: Kelsey Smith Briggs, thirty-three (33) 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 resu.lting in bruising, lacerations and intemal injury; and beating her on or about the head, face, chest, back, buttocks, legs, on the 11111 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't day of January. 2005. and the 11th day of October, 2005, the crime of SEXUAL ABUSE OF A CHILD was feloniously 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 a 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.

. -

~ Ii."

RICHARD L. SMOTHERMON DISTRICT A TIORNEY

i\;-f ,n

BY: ~-=~_:.U'----:......;.... _

Richard L. Smotherman

District Attorney

WITNESSES ENDORSED FOR THE STATE OF OKLAHOMA

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