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'IN THE CRRCUHT COURT OF MORGAN COUNTY, [MISSOURI ASSOCRATE CHRCUIT JUDGE DBVISIO, State of Missouri, Plaintiff vs. Thomas Joseph Presley Defendant
Address: 33097 Ivy Bend Road Stover, MO 65078 DOB: 03/03/1990 SSN: 486-04-8968 Race: W OLN: MO R081152001 I

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UNTY CIRCUIT COURT

M~,rS~fA~~ & PROBATE DIVISION i
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Case No.
Sex:M Height: 5'03 Weight: 109 Eyes: GR

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IOffense Cycle No. Morgan County S~eriffs Department PAl case # 141019337

COMPLAINT Count 1 Charge code: 1003199.0

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The Prosecuting Attorney of the County of Morgan, Stat~ of Missouri, upon information and belief, charges that the defendant, in violation of
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Section 565.021, RSMo, committed the class A felony of'[murder in the
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second degree, punishable upon conviction under secron State of Missouri, the defendant knowingly or with

558.011, purpose of

RSMo, in that on or about February 16,2012, in the CouTIjty Morgan, of

tHe
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causing serious physical injury to "Minor Child B.L." caused the death of "Minor Child B.L." by striking him.

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The range of punishment for a class A felony is imprisonment in the I custody of the Missouri Department of Corrections for a !term of years

141019337

not less than ten (10) years and not to exceed thirty (30) years, or life imprisonment.

The facts that form the basis for this information and belief are contained in the attached statement of facts, made a part hereof and submitted as a basis upon which this court may find the existence of probable cause. Wherefore, the Prosecuting Attorney prays that an arrest warrant be issued as provided by law. Consent to Service by Electronic Mail Dustin G. Dunklee hereby consents to be served by electronic mail in the above captioned matter at ddunklee@morgan-county.org.

Dustin G. Dunklee Bar No. 56875 Prosecuting Attorney of Morgan County, Missouri 211 East Newton, Ste 1 Versailles, MO 65084 Phone: 573-378-4694 Fax: 573-378-5984 ddunklee@morgan-county.org

Douglas B. Kinde Bar No. 52369 Assistant Prosecuting Attorney of Morgan County, Missouri dkinde@morgan-county.org

141019337

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PROBABLE
Date: February 16, 2012

CAUSE STATEMENT

I, Corporal Eric R. Stacks, knowing that false statements on this form are punishable by law, state that the facts contained herein are true. 1. I have probable cause to believe that on February 16, 2012. _Thomas Joseph Presley , DaB_March 3, 1990 committed one or more criminal offense(s.) 2. The facts supporting this belief are as follows: , at_0230 hours, , SSN _ _

A. On February 16, 2012, at approximately 0510 hours, the Morgan county EMS received a call from
Thomas J. Presley. Mr. Presley advised a three year old male child had been struck by a vehicle, only described as a white four door car. The caller reported the male child was standing outside of the vehicle at or near Highway 135 North at Buttons Road in Morgan County. Mr. Presley reported the child was unresponsive and an ambulance and emergency personnel were notified. The child was transported via ambulance to Bothwell Hospital in Sedalia, Missouri. The child was later pronounced dead by attending physicians. B. Mr. Presley was interviewed and admitted to beating the male child at his residence, located at 105 Oak Park Lane Stover, Morgan County, Missouri. Mr. Presley stated at approximately 0230 hours he was at the residence with the male child. Mr. Presley stated he became enraged at the child and began beating the child, stating "I really beat him bad this time". Mr. Presley stated he struck the child more times than he could remember with an open hand, using the heal of his hand. Mr. Presley stated he kicked the child with his feet several times. Mr. Presley stated he lost control of his actions and blacked out as he beat the child. Mr. Presley stated he placed the child in bed after the beating, and felt the child was going to be fine. Mr. Presley stated approximately thirty minutes later he heard a loud noise in the kitchen of the residence and found the child on the floor, unresponsive. Mr. Presley stated he knew the child was injured very badly and appeared to be gasping for breath as his eyes were rolled back in his head Mr. Presley stated he thought the child was paralyzed. C. Mr. Presley stated he placed the child in his vehicle and went to the child's mother's place of employment. Mr. Presley stated he told the mother he beat the child badly and felt he over did it. Mr. Presley stated he then began driving toward Sedalia, Missouri. Mr. Presley stated he was traveling to the hospital for treatment. Mr. Presley stated he realized the child was deceased and called EMS. Mr. Presley stated he then falsified the story of the child being struck by an unknown vehicle. D. Mr. Presley stated he was very sorry for what he did and would take it back if he could. Mr. Presley stated he and child's mother have been having relationship trouble, and he felt the child's mother had been cheating on him

Corporal Eric R. Stacks

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IN THE CIRCUIT COURT OF MORGAN COUNTY '-tJMISSOUR~ ASSOCIATE CIRCUIT JUDGE DIVI'rrIQN ~ State of Missouri, Plaintiff vs. Jamie Ann Litton Defendant
Address: 605 East 3rd Street Stover, MO 65078 DOB: 06/16/1986 SSN: 490-92-0448 Race: W OLN: MO U081218008

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MORGAN COUNTY CIRCUIT COURT ASSOCIATE & PROBATE DIVISION

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Sex:F Height: 5'06 Weight: 145 Eyes:

Case No.

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Offense Cycle No. Morgan County Sheriffs Department PA case # 141019338

COMPLAINT Countl Charge code: 1003699.0

The Prosecuting Attorney of the County of Morgan, State of Missouri, upon information and belief, charges that the defendant,
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violation

of

Section 565.021, RSMo, committed the class A felony of murder in the second degree, punishable upon conviction under Section 558.011, RSMO, in that on or about February 16,2012, in the County of Morgan, State of Missouri, Minor Child B.L., defendant's biological child, was beaten by Thomas J. Presley, and Thomas J. Presley notified the defendant that such beating had occurred and that the minor child may be paralyzed, and the defendant failed to seek immediate medical

attention for the minor child and allowed the minor child to remain in the care and custody of Thomas J. Presley for several additional hours, at which time Thomas J. Presley brought the minor child to defendant's place of employment where

defendant determined that the minor child had a weak pulse and again fails to seek immediate medical attention for the minor child and allows the minor child to
141019338 Kinde

remain m the care and custody of Thomas J. Presley, and allows Thomas J. Presley to drive away with the minor child and the minor child died as a result of the perpetration of the class C felony of Endangering the Welfare of a Child in the first degree under section 568.045, RSMO, committed by the defendant on February 16, 2012, in the County of Morgan, State of Missouri.

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The range of punishment for a class A felony is imprisonment in the custody of the Missouri Department of Corrections for a term of years not less than ten (10) years and not to exceed thirty (30) years, or life imprisonment.

Count 2

Charge code: 2604599.0

The Prosecuting Attorney of the County of Morgan, State of Missouri, upon information and belief, charges that the defendant, in violation of Section 568.045, RSMo, committed the class C felony of endangering the welfare of a child in the first degree, punishable upon conviction under Sections 558.011 and 560.011, RSMo, in that on or about February 16, 2012, in the County of Morgan, State of Missouri, the defendant knowingly acted in a manner that created a substantial risk to the life, body and health of Minor Child B.L., a child less than seventeen years old, by failing to seek medical care for the minor child and/or allowing the minor child to remain in the care and custody of Thomas J. Presley.

The range of punishment for a class C felony is imprisonment in the custody of the Missouri Department of Corrections for a term of years not less than two (2) years and not to exceed seven (7) years; or by imprisonment for a special term not to exceed one (1) year in the county jailor other authorized penal institution; or by a
141019338 Kinde

fine not to exceed fi~thousand fine.

dollars ($5,000); or by both imprisonment and a

Count 3

Charge code: 2604599.0

The Prosecuting Attorney of the County of Morgan, State of Missouri, upon information and belief, charges that the defendant, in violation of Section 568.045, RSMo, committed the class C felony of endangering the welfare of a child in the first degree, punishable upon conviction under Sections 558.011 and 560.011, RSMo, in that on or about February 16, 2012, in the County of Morgan, State of Missouri, the defendant knowingly acted in a manner that created a substantial risk to the life, body and health of Minor Child F.L., a child less than seventeen years old, by failing to seek medical care for the minor child and/or allowing the minor child to remain in the care and custody of Thomas J. Presley.

The range of punishment for a class C felony is imprisonment in the custody of the Missouri Department of Corrections for a term of years not less than two (2) years and not to exceed seven (7) years; or by imprisonment for a special term not to exceed one (1) year in the county j ail or other authorized penal institution; or by a fine not to exceed five thousand dollars ($5,000); or by both imprisonment and a fine.

The facts that form the basis for this information and belief are contained in the attached statement of facts, made a part hereof and submitted as a basis upon which this court may find the existence of probable cause. Wherefore, the Prosecuting Attorney prays that an arrest warrant be issued as provided by law. Consent to Service by Electronic Mail Dustin G. Dunklee hereby consents to be served by electronic mail in the above captioned matter at ddunklee@morgan-county.org.

141019338 Kinde

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Certificate of Service A copy of this was transmitted by facsimile transmission on 2011, to at facsimile telephone number: .

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Dustin G. Dunklee Bar No. 56875 Prosecuting Attorney of Morgan County, Missouri 211 East Newton, Ste 1 Versailles, MO 65084 Phone: 573-378-4694 Fax: 573-378-5984 ddunklee@morgan-county.org

Douglas B. Kinde Bar No. 52369 Assistant Prosecuting Attorney of Morgan County, Missouri dkinde@morgan-county.org

141019338 Kinde

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PROBABLE
Date: 2-17-2012

CAUSE STATEMENT

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I, Detective Stacey Mosher, knowing that false statements on this form are punishable by law, state that the facts contained herein are true. I have probable cause to believe that between 2-7-2012 and 2-16-2012; on Ivy Bend Road, Oak Park Lane, East 3rd Street, and Highway 135, all within Morgan County, Missouri; Jamie A. Litton, DOB 616-1986, SSN 490-92-0448, committed one or more criminal offense(s.) The facts supporting this belief are as follows: 1. Litton is the biological mother and custodial parent of two of her children: BEL, a 3-year old male, and FEL, a 3-year female. 2. From 2-7-2012 until approximately 2-14-2012, Litton resided at 33097 Ivy Bend Road, Stover, Morgan County, Missouri, with BEL, FEL, and her boyfriend, Thomas J. Presley, age 21. On or around 2-14-2012; Litton, Presley, and her children moved to 105 Oak Park Lane, Stover, Morgan County, Missouri. Litton works full time as a Certified Nurse Assistant at the Golden Age Living Center, 404 E 3[d Street, Stover, Morgan County. Presley is the caregiver of BEL and FEL while Litton works. 3. On 2-16-2012, at approximately 0512 hours, Presley notified law enforcement by phone that BEL had been struck by a car on Highway 135 in Morgan County. BEL was transported by ambulance from the scene of the accident to Bothwell Hospital, where he was pronounced dead. An autopsy revealed BEL died as a result of multiple injuries, including a lacerated liver and a ruptured blood vessel in his brain. Bruises and lacerations were visible on BEL's head, neck, torso, buttocks, legs, and arms. 4. During a Miranda-waived interview, Presley advised BEL had not been struck by a car. Presley said he lied about the car striking BEL as a means of seeking medical treatment for injuries Presley caused while "beating" and "kicking" BEL at their residence earlier that morning. 5. Also during the interview, Presley advised he sent a text message to Litton, who was at work, advising he had "lost it," and thought he had beat BEL to the point he was paralyzed. During a Miranda-waived interview, Litton advised Presley had texted her while she was working, and told her he "lost it," and BEL was in "bad shape." She said their text conversations included Presley saying BEL needed to go to the emergency room, but Presley could not take him because he would go to prison for the rest of his life. Litton said she told Presley to go to the emergency room. Litton said she asked her nurse supervisor if she could leave because of an issue with BEL, but was told "no." Presley's co-worker, Gloria Collins, confirmed Litton told her she needed leave because her son needed to go to the hospital. Litton did not leave work, nor did she advise anyone of the cause of BEL's injuries. 6. Presley advised after texting with Litton, he put BEL and FEL in his vehicle, a black Chevrolet Blazer, and drove to see Litton at work. While there Presley told Litton he was going to "fake" a car accident in order to get medical treatment for BEL while avoiding prison for himself. During Litton's interview, she said Presley texted her to go outside work and meet him, which she did. She said Presley was crying, and she was crying, but BEL was "peaceful" in his booster seat. Litton initially said BEL had a radial pulse of "62," which she checked on his left arm. Later in the interview Litton advised she could barely find his pulse, and admitted she may have only been feeling her own pulse in her urgency to find BEL's. Litton described BEL's breathing as weak. Litton said she did not observe the injuries to BEL's face. She said she yelled his name but he would not respond. Litton said when Presley left; she thought he was going to the emergency room. Litton went back into work. 7. Security video from the Golden Age Care Center shows a dark colored SUV pull into the lot at approximately 0500 hours, and a person walking around the vehicle. The SUV pulled out of the lot at approximately 0503 hours.

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8. Presley advised after leaving the Care Center, he drove to Highway 135 near Buttons Road in Morgan County, and initiated the 911 call reporting the accident. Presley's 911 call was made at 0512 hours. 9. Litton said the next text she received from Presley stated BEL had been struck by a car. At approximately 0515 hours Litton clocked out from work and walked to their residence. Litton then rode to the scene of the feigned car accident. While there she spoke with law enforcement officers investigating the accident. She did not tell anyone about the true nature of BEL's injuries. After law enforcement advised they could leave, she rode with Presley and FEL to a neighbor's home. Once at the neighbors, she left FEL in the care of Presley and a neighbor and went to visit her mother. 10. During the investigation into the events surrounding the death of BEL, his younger sister, FEL, was examined by the forensic nursing team at Lake Regional Hospital in Osage Beach. Bruising was visible on FEL's head, torso, legs, buttocks, and arms. There was a patch of hair stubble or regrowth visible above a healing hematoma on the top of her head. FEL's liver enzymes were also elevated, which can be an indication of blunt injury to the liver, and her left wrist was broken. Nurse Anne Wilson, Sexual Assault Nurse Examiner -Adult, and SANEPediatric, confirmed the age range of FEL's injuries is anywhere from one to two weeks. Nurse Wilson said during the examination, FEL attributed the injuries to her "daddy." 11. When asked about the injuries to FEL, Litton advised they were caused by Presley over the course of the last two weeks. She said that Presley "spanked" FEL and BEL as discipline. Litton said she asked FEL about the bruises, but she did not get an answer from her. 12. During a forensic interview at Child Safe in Sedalia on 2-17-2012, FEL did not disclose the source of her injuries. She did, however, state she observed "T J" (Presley,) "punch" BEL in the mouth because he "pooped." She continued that after he punched him, FEL saw Presley put BEL in the bathtub, and "hit him with the bathtub a lot," and BEL "kept pooping more," while that was happening. 13. As a result of the investigation, Litton was placed under arrest for Endangering the Welfare of a Child in the First Degree, RSMo 568.045, at 1505 hours on 2-16-201 at the Morgan County Sheriff's Office.

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