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Offense Case No. 2011-144686
AFFIDAVIT AND APPLICATION FOR ARREST WARRANT AND THE ARREST WARRANT FOR THE PERSON(S) OF:
Kerry Humphrey, DOB: 07-23-88, SID#2630328, FBI#351644MD8, SSN# White Female, 5 ft 7 in, 120 lbs, Brown Hair, Brown Eyes LKA: 1320 York St #7 Denver, Colorado 80206 For: Attempt to Influence a Public Servant, CRS: 18-8-306, Class 4 Felony
I, Detective Nash Gurule #98035, the Affiant, state under oath that the facts known to the Affiant which establish probable cause to believe that a criminal offense was committed, and that the offense was committed by the above named person(s), are the following:
Your Affiant obtained the following information through personal observations, by interviewing witnesses and by reviewing official reports of fellow Denver Police Officers: On 04-01-11, at about 2140hrs, Officer Benjamin Austin #06039 of the Denver Police Department took a Missing Persons report on Victim, Kenia Monge DOB 01-26-92. Kenia Monge was last seen by friends at about 0005 hrs inside the 24K nightclub, 1414 Market Street, City and County of Denver. Kenia Monge’s stepfather, Anthony Lee, told Officer Austin he had learned that Kenia Monge had gone out drinking with friends, but left her purse, cell phone, and keys to the car she was driving in the bar on the table. Anthony Lee told Officer Austin that the girlfriends had dropped Kenia Monge’s purse and cell phone off at his home on the afternoon of 04-01-11. He checked Kenia Monge’s cell phone, and discovered a text message sent from phone number 303-995-7233 on 04-01-11 at 1856 hrs. The text message was from an unknown person, the text message stated, “Hey this is Travis, the guy who gave you a ride last night, - white creepy van did you get home okay?” On 04-02-11, the Missing Person case was assigned to Detective Ted Binet #00058 of the Denver Police Missing and Exploited Persons Unit. Detective Binet told Detective John Brinkers that a computer search of phone number 303-995-7233 showed it listing to Travis Forbes DOB 10-04-79, with a possible address of 387 Emerson Street in Denver. On 04-03-11, Detective Binet received an e-mail from fellow Denver Police Officer Bill Monahan #05169 of Police District Three. Officer Monahan told Detective Binet in his e-mail that on 04-0211, at about 2200hrs he responded to the Conoco Gas Station at 505 East Speer Blvd. in Denver on a follow-up to the Missing Persons Report. Once there, Officer Monahan contacted Travis Forbes’, his friend, Edward Fajardo DOB 01-26-80, and the original reporting party Anthony Lee. Officer Monahan related that Anthony Lee had called Travis Forbes earlier that evening and the two agreed to meet at the Conoco Station because Lee had questions about his missing daughter. Officer Monahan wrote that both Edward Fajardo and Travis Forbes completed written statements in which they stated they had contacted Kenia Monge on 04-01-11, talking to a male transient in the area of
AFFIDAVIT AND APPLICATION FOR ARREST WARRANT 15th Street and California Street in downtown Denver. Travis Forbes and Edward Fajardo both wrote Kenia Monge appeared to be very intoxicated, and they offered to take her to Club Lavish (at 1448 Market Street) where she stated her car was parked. The three were unable to locate the vehicle, and Travis Forbes wrote he asked Kenia Monge where she lived. Travis Forbes wrote that when he learned Kenia Monge lived near 2369 South Trenton Way, a place he sometimes spent the night, he offered to take her home. Travis Forbes wrote that after dropping off Edward Fajardo at 15th Street and California Street, he began driving Kenia Monge home. Travis Forbes wrote that while driving down Speer Blvd towards Leetsdale, Kenia Monge asked him for a cigarette to help calm her down. Travis Forbes wrote that he pulled into the same Conoco Gas Station looking for cigarettes, but the station was closed. Travis Forbes wrote that while at the station, they saw a male party walking down the street smoking. Travis Forbes wrote Kenia Monge got out of the van and approached the man and asked him for a cigarette. Travis Forbes wrote the man, who stated his name was “Dan”, gave Kenia Monge a cigarette and the two sat down on the curb to smoke and talk in Spanish. Travis Forbes wrote that after Kenia Monge finished smoking, the two got up and began walking off together. Travis Forbes wrote that he asked Kenia Monge if she was OK, but she didn’t give him “any regard”, so he drove to his girlfriend’s house to spend the night. Officer Monahan wrote that Travis Forbes and Edward Fajardo arrived in Forbes’ white Ford cargo van, bearing Colorado temporary tag 463685J. Officer Monahan wrote that he asked Travis Forbes if he could look inside his van, and that Forbes agreed. Officer Monahan wrote that he looked inside the van and found it to be very clean, and that the multi-colored square pattern rug covering the back floor of the van appeared to be new and even smelled new. Officer Monahan wrote that before leaving, Travis Forbes told Anthony Lee “I wish I knew more about what happened to your daughter but I told you everything I know”, and that while saying this, Forbes had tears in his eyes, his voice was unsteady, and that his whole body was shaking. On 04-05-11, at about 1350hrs, Your Affiant #98035 conducted a videotaped interview with Travis Forbes at Denver Police Headquarters. Forbes related to Your Affiant that he works as a baker at Deby’s Bakery and Café at 2369 South Trenton Way in Arapahoe County, and that he leases the property for his own baking business. Travis Forbes told Your Affiant his white van was parked outside of the business right now, and he gave Your Affiant written consent to search the van further. Travis Forbes stated to Your Affiant that on the morning of 04-01-11, he was driving his van with Kenia Monge as his only passenger after dropping off his friend Edward, and that the last time he saw Kenia Monge was when she was walking away from the Conoco Gas Station at 505 Speer Blvd in Denver with “Dan.” Forbes stated after Kenia Monge walked away with “Dan” he drove to his girlfriends, Kerry Humphrey, house and slept there until he had to go to work later that morning. Forbes said he arrived at Kerry’s house between 3:00 am and 3:30 am and left about 8:30 am on the morning of April 1, 2011. On 04-05-11, Detective Lou Estrada conducted an interview with Kerry Humphrey. Ms. Humphrey confirmed her address at 1320 York St #7 Denver, Colorado 80206 and cell phone number 970-631-6670. Ms. Humphrey stated that her boyfriend Travis stayed with her on Thursday night into Friday morning and he arrived at her house around 3:30 a.m. on April 1, 2011. She explained that on Thursday she called her friend Ali to excuse herself from going out because she had a lot of studying to do at home. She said Travis went with Ali and her other friends and when he came home, there was nothing unusual. Ms. Humphrey was asked if she spoke with Travis Thursday night, March
AFFIDAVIT AND APPLICATION FOR ARREST WARRANT 31, 2011, after she excused herself from going out; she said no. When asked what their plans were for going out she said she didn’t have any idea. She said the only time she saw Travis on Thursday was when he came home at 3:30a.m, Friday, April 1, 2011. She was asked if Travis said anything when he got home; she said she was half asleep and he said something about a fun night but nothing further. Ms. Humphrey stated Friday, April 1, 2011, morning Travis got up before she did and went to work at the bakery. She said she woke up and got ready for work around 8a.m. She said she worked all day on Friday from 9:30-5:30 and didn’t see Travis on Friday. She said she and Travis texted through out the day and when she got off work, she called him at 6:07p.m but he didn’t answer. She then went to the coffee shop to study and went home from there. She added that at 9:22 p.m., she and Travis finally spoke and he told her he was at the bakery working. When asked if the bakery is open after 9 p.m. she said no it closes at 9 p.m. but he stayed to make his granola bars. Ms. Humphrey stated that Travis didn’t spend the night with her Friday night and she assumed he stayed at the bakery. She said Saturday, April 2, 2011, she worked all day 10a.m. to 4p.m. and after she got off work, she went to study at a coffee shop called “The Point”. She said Travis called her and sounded upset and wanted to talk to her so he met her at the coffee shop. Ms. Humphrey stated that Travis told her the following; he said he gave a girl a ride on Thursday (March 31, 2011) and now she was missing. She said Travis wanted to talk to Eddy so they drove separately to meet Eddy at Auraria Park around 6:30 p.m, April 2, 2011. She said Travis told Eddy that the girl he gave a ride to on Thursday was now missing and her family was calling him non-stop. Travis called the family and spoke with the girl’s dad, and boyfriend while they were with Eddy and told them, “I’m here for you guys if there is anything I can do let me know”. She said after they were done talking Eddy and Travis went to dinner and she went home to study. Detective Estrada asked Ms. Humphrey to be more specific about the conversation that took place between Eddy and Travis. Ms. Humphrey said Thursday night (March 31, 2011) Travis and Eddy ran into a drunken girl who was talking to a homeless man and seemed very upset. Travis asked the girl if she was ok and the girl went on about her boyfriend being an asshole. Travis said he asked the girl if she wanted a ride to her car or home and drove her over to Opal or Sutra. Travis said the girl was freaking out and told him she needed a cigarette so Travis took her to a Conoco and it was closed. The girl saw a guy walking by smoking and she bummed a cigarette from him. Travis said the girl and the guy walking by talked for a little while and then she left with him. Travis said he then went to her house. Ms. Humphrey said Travis told her he didn’t see anything wrong with the guy and let the girl go with him. Ms. Humphrey said Travis has always been truthful with her and she believed what he was telling her. She said Travis told her, “Oh my God this girl is missing” and was concerned about her. Travis told her, “I can only imagine what the family is going through.” Ms. Humphrey was asked when Travis told her this and she said he told her on Saturday (April 2, 2011) at the coffee shop before they meet up with Eddy. Ms. Humphrey was questioned what Travis and Eddy talked about at the park. She said they just talked about the missing girl and Eddy encouraged Travis to talk to the girl’s family. She was asked if she or Eddy asked Travis where the girl was and she said no because she believed Travis. She was asked how long they were at the park talking to Eddy and she said they were there for a couple of hours. Humphrey was asked if Eddy and Travis talked alone at any point and she said they did when she went to get gas in her car. Ms. Humphrey was asked why she was at the park with Travis and Eddy if she had her own car
AFFIDAVIT AND APPLICATION FOR ARREST WARRANT and she said she was there to support Travis. She was asked where Travis and Eddy went to have dinner but she did not know and had not asked. On 04-06-11, a court order was issued to Sprint Communications for production of Call Detail Records and Cell Tower Locations for Forbes’ cell phone. Your Affiant learned through the cell phone records that Forbes was nowhere close to Kerry Humphrey’s home, 1320 York St #7 Denver, Colorado 80206, on Friday, April 1, 2011 from 3:00 am to 8:00 am; as he claimed in his interview on April 5, 2011 with detectives. On April 26, 2011, Detective Estrada and Your Affiant drove to the suspect’s girlfriends, Kerry Humphrey, work and contacted her. The detectives asked Miss Humphrey if she would accompany them to police headquarters for another interview based on new information they found during the investigation. Miss Humphrey agreed to follow the detectives to police headquarters. Your Affiant and Detective Estrada interviewed Kerry Humphrey. At the beginning, Miss Humphrey was consistent with her last statement. The detectives explained to Miss Humphrey that they know she is lying, Miss Humphrey stated that Mr. Forbes asked her to lie for him and tell the police that she was with him on 04-01-11, 0300 hours to 0800 hours, the same hours that the victim went missing. She stated she did not ask him why she was lying for him. She said the suspect told her that he was sleeping in his van and that it would look bad on him when a girl goes missing. She stated that on Thursday, April 21, 2011, he also told her that he was doing a “Marijuana run” during the time the victim went missing instead of sleeping in his van and that would have looked bad because he is on probation. Based on the original interview with Miss Humphrey, in which she repeatedly lied for Travis Forbes and provided an alibi for him, the assigned detectives did not interrogate Forbes to the extent they would have. The investigation was hindered as a result of Miss Humphrey’s continuous lies to authorities, detectives had to take additional investigative steps to verify Forbes’ alibi; and in doing so Forbes was allowed sufficient time to flee the state. Forbes was arrested in Austin, Texas, on a separate charge. Forbes was arrested in Austin, Texas on Auto Theft Arrest Warrant out of Wheatridge, Colorado. According to the Austin Police Department when they tried to make contact with Forbes he fled and they had to chase him to take him into custody. Forbes was eventually extradited back to Colorado and was held in the Jefferson County Jail until he was released on May 30, 2011. It was not until Miss Humphrey was confronted by Forbes’ phone records noting his GPS coordinates which clearly contradicted Miss Humphrey’s statements that she admitted she lied for Forbes. Your Affiant respectfully request that this arrest warrant be signed so this investigation can continue.
I affirm this information to be true and correct
Signature of Affiant Subscribed under oath before me on Date Judge or Notary Public Time
AFFIDAVIT AND APPLICATION FOR ARREST WARRANT
My commission expires:
To all Sheriffs, Peace Officers and Police Officers with the said State:
You are hereby commanded to take the person of the defendant and bring him without unnecessary delay before a Judge of the County Court to be dealt with according to law.
Bail fixed at Date
$ Signature of Judge Printed name of Judge
I HEREBY CERTIFY that I executed the above warrant on (date) _______________ by taking _______________________________ ____________________ (Kerry until further order of the court.
Humphrey 07-23-88) into custody and placing said person in the __________ Jail for safekeeping
Signature of Arresting Officer