CASE NUMBER: 49D32-2202-MR-003061 FILED: 2/2/2022

AFFIDAVIT
FOR PROBABLE CAUSE
STATE OF INDIANA, COUNTY OF MARION, SS:

Detective Michael McWhorter swears (affirms) that:

On Thursday, January 27, 2022, at approximately 11:29pm, officers with the Indianapolis
Metropolitan Police Department were dispatched to XXXX Bertha Court on a report of a person
shot. Once on scene, officers observed an adult male lying in the driveway of this address,
suffering from what appeared to be a gunshot wound. Officers briefly spoke with a female
witness, Ms. J. P., who is the fiancée of the victim.

Ms. J. P. told responding Officers that the suspect, Mr. Leon Brewer lives at XXXX
Bertha Court, and was given a ride by his friend, Ms. L. R., away from the scene after the
shooting. Ms. J. P. gave officers a description of the vehicle and a possible direction of travel.
Medic 82 arrived on scene, and pronounced the victim, Mr. Charles Cole deceased at 11:38pm.
IMPD Homicide Detective Michael McWhorter was notified and arrived on scene.

Detective McWhorter was assisted by Detective Larry Craciunoiu, who obtained a

recorded statement from Ms. J. P., as she gave further details of what she witnessed. Ms. J. P.
was then transported to the IMPD Homicide Office by MSW District Officer Andrew Saunders.
Officers on scene were given information by a second potential witness, Mr. M. S., that the
suspect may still be inside the home. Detective Matthew Pankonie applied for two search
warrants, as Lt. Ed Bruce asked for the assistance of the IMPD SWAT team. IMPD SWAT
arrived and did a quick sweep of the home and detached garage, as no one was located.

As Officer Saunders was arriving back on scene from transporting Ms. J. P. to the
Homicide Office, an unknown white male was walking in the middle of Bertha Avenue and
flagged down Officer Saunders at the intersection of Bertha Avenue and Allison Court. The
unknown male identified himself as Mr. Leon Brewer and told Officer Saunders that he wanted
to speak with Detectives, as he wanted to tell his side of the story. Officers Gaddis and Saunders
transported Mr. Brewer to the IMPD Homicide Office.

Once back at the Homicide Office, Detectives McWhorter and Craciunoiu took a second
recorded statement of the witness and fiancé of the victim, Ms. J. P. in the Homicide conference
room. Ms. J. P. told Detective McWhorter that her and the victim, Charles Cole traveled to
XXXX Bertha Court earlier in the night, in an attempt to have a new car key made by a
locksmith, (M. S.) as her car had been left on scene from a prior altercation earlier in the week.
The key to the vehicle had a chip inside and needed a special key to operate.

I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Michael McWhorter

AFFIANT

DATED: February 2, 2022

CASE NUMBER: 49D32-2202-MR-003061 FILED: 2/2/2022

Affidavit for Probable Cause

From: Detective Michael McWhorter

Ms. J. P. told Detective McWhorter that on Tuesday, January 25, 2022, she traveled to
XXXX Bertha Court to check on her friend, Mr. D. W. Ms. J. P. stated she drove her Chevrolet
Monte Carlo to the residence and knocked on the front door. Ms. J. P. stated the door was
unlocked, so she took it upon herself to enter, at which time she saw Mr. D. W., sitting naked in
a chair, with a mask covering his face. Ms. J. P. stated she told D. W. to get up and get dressed,
at which time Leon Brewer appeared from a back bedroom, armed with a handgun and began to
take Ms. J. P.’s purse and go through it. Ms. J. P. stated she was able to get away from Mr.
Brewer and run out of the front door down the street. Ms. J. P. stated Mr. Brewer was able to get
her car keys, but did not get her cell phone, as she had the phone in her back pocket. Ms. J. P.
stated she called her mother, who came to pick her up.

Ms. J. P. stated she told her fiancé, Mr. Charles Cole about the incident on Wednesday,
January 26, 2022, and Mr. Cole began coming up with a plan to get the car back. Since the
vehicle Ms. J. P. was driving has a key with a computer chip inside, a special locksmith needed
to be called.

On Thursday, January 27, 2022, J. P. called 911 at 3:16pm, and told IMPD Dispatch that
she was just informed by a friend that she had just driven by XXXX Bertha Court and observed
multiple people attempting to cut the catalytic converter off J. P’s Chevrolet Monte Carlo.
During the phone call, Ms. J. P. mentions the incident with Mr. Brewer from Tuesday night. Mr.
J. T. then gets on the line and tells dispatch that 4 males should be at the residence and that his
wife is the female who called Ms. J. P..

Later that night, Thursday, January 27, Charles Cole and J. P. traveled to XXXX Bertha
Ct. to meet the locksmith, who was able to cut a new key to the vehicle on site. The key guy, Mr.
M. S. arrived and pulled up in front of the Monte Carlo, to begin the key making process. Ms. J.
P. stated to Detective McWhorter that she observed the suspect, Mr. Brewer exit the house
during a brief argument. Ms. J. P. stated Charles Cole began to confront Mr. Brewer regarding
the prior incident earlier in the week. Ms. J. P. stated while Charles was asking Mr. Brewer about
the earlier encounter, as she observed Leon Brewer raise a handgun and point it directly at
Charles Cole. Ms. J. P. stated she watched Leon Brewer shoot Charles Cole at point blank range,
without saying a word, and then get into a black vehicle that left the area.

Detective Craciunoiu completed a photo array that contained Leon Brewer. Ms. J. P. was
shown this photo array by Detective McWhorter and immediately picked Mr. Brewer from the
array as the male who shot Charles Cole.

I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Michael McWhorter

AFFIANT

DATED: February 2, 2022

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CASE NUMBER: 49D32-2202-MR-003061 FILED: 2/2/2022

Affidavit for Probable Cause

From: Detective Michael McWhorter

Detective Matthew Melkey took a recorded statement from Mr. M. S. who stated he
began making the key and observed two or three females arrive at the house and walk up to the
front door, followed by the victim, Mr. Cole. Mr. M. S. stated he then observed a brief argument
between the group and saw a male exit the home with a handgun and trip over a dog. Mr. M. S.
stated he then heard a gunshot, with the females yelling “Leon shot him”. Mr. M. S. got into his
vehicle and left the scene. Mr. M. S. told Detective Melkey he looked in his rear-view mirror and
observed a male running down the street in the direction he was driving, and he could see the
male with a handgun in his hand while running.

Detectives McWhorter and Craciunoiu then spoke with Leon Brewer. Mr. Brewer was
read his Miranda Warning, advised he understood and stated he wished to give a statement. Mr.
Brewer admitted to knowing Mr. Cole and considered Mr. Cole a friend. Mr. Brewer did not
admit to shooting Charles Cole and did not even know Mr. Cole was there until he heard that Mr.
Cole had been shot. Mr. Brewer claimed that J. P. was the one that had a gun, which he
described as a revolver, and that she struck Mr. Brewer in the head with it. Mr. Brewer said he
took that gun away from Jessica, and that was the only time he touched a gun that night.

Detective Craciunoiu asked Mr. Brewer when the last time was he changed his clothes.
Mr. Brewer stated he put fresh blue jeans on today, January 27th. Mr. Brewer was asked about
the apparent blood that was on his blue jeans, and Mr. Brewer told Detective Craciunoiu he did
not know how the blood got there, nor who the blood was from. Mr. Brewer stated the blood
could possibly be from a paper cut on his hand. Detective Craciunoiu asked Mr. Brewer to show
him the paper cut, however no paper cut was observed. Mr. Brewer was asked by Detective
McWhorter if the blood on his pants could be from Charles Cole, and Mr. Brewer said no, it
would not be from Charles Cole, as he was not around Mr. Cole when he was shot. Mr. Brewer
said he never came within five feet of Mr. Cole, and repeatedly claimed he did not even know for
sure that Mr. Cole was there until afterwards when Mr. Brewer heard that Mr. Cole had been
shot. After more than an hour of conversation, Mr. Brewer asked for an attorney.

A search warrant was obtained for Mr. Brewer’s clothing, as these items were collected
by the Marion County Crime Lab.

Detective Steven Gray spoke with the homeowners of XXXX Bertha Drive. The
homeowners stated they have possible video footage of the incident. Detective Gray was able to
download two separate segments of video footage; however, the footage is from across the street
and about half a block from XXXX Bertha Court. Detective Gray also noted that the timestamp
on the video was off by 40 minutes. He noted at 12:25am the timestamp on the video read
1:05am. Detective McWhorter reviewed the video and observed two vehicles, Mr. M. S.’s, and
Mr. Cole’s, traveling eastbound on Bertha Drive and turn onto Bertha Court.
I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Michael McWhorter

AFFIANT

DATED: February 2, 2022

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CASE NUMBER: 49D32-2202-MR-003061 FILED: 2/2/2022

Affidavit for Probable Cause

From: Detective Michael McWhorter

Mr. M. S. parks and appears to work on getting a key made for Ms. J. P.’s vehicle.
Approximately nine minutes after Mr. M. S. arrived with Mr. Cole, another SUV pulls up and
parks in the middle of the street next to Mr. M. S.’s vehicle. Several people get out of the SUV.
After almost two minutes a group of at least two to three people appear to walk up the driveway
towards the front of XXXX Bertha Court. This area is out of view of the camera due to a part of
the house of XXXX Bertha blocking it.

A minute later vehicle backs out of the driveway of XXXX Bertha Court and leaves the
area. Multiple people run back to the SUV that had pulled up next to Mr. M. S.’s vehicle and
both vehicles leave the scene, going westbound on Bertha Drive. Approximately ten seconds
later a male matching the general physical description of Mr. Brewer can be seen entering the
frame from the east, walking, and then running westbound on the sidewalk in front of XXXX
Bertha Drive before exiting the frame to the west.

On Friday, January 28, 2022, Detective McWhorter was notified by the Marion County
Coroner’s Office that the autopsy for Charles Cole was going to proceed. Detective McWhorter
attended the autopsy, completed by Dr. Poulos. Dr. Poulos determined the death of Mr. Cole to
be ruled a Homicide by manner of a single gunshot to the chest. According to Dr. Poulos, Mr.
Charles Cole had damage to his left lung and Pulmonary Artery.

On Friday, January 28, 2022, Detective McWhorter received an email from IMPD
Officer Walter Hendricks. Officer Hendricks stated that on that day he had been dispatched to
XXXX Bertha Court on a report of people removing items from the house. When Officer
Hendricks arrived, he came into contact with a D. W., who lives there. Mr. Wallace told Officer
Hendricks that two nights before he was at home when someone knocked on his door. When he
opened the door a person he knows as Leon Brewer was there. He said Leon then pulled his
mask up over his eyes that D. W. had around his neck. D. W. heard other people enter the house
but did not see who they were. D. W. continued to say he was then stripped of his clothes and
tied to a chair. Mr. Wallace said he had left the residence on Thursday January 27th, 2022,
around 5:30 pm and did not return till this morning around 8 am. He was not present for the
shooting and did not know police had been called.

On Saturday, January 30, 2022, at 12:08am, Detective McWhorter called and spoke with
a potential witness to the shooting, Ms. L. R. Ms. L. R. gave Detective McWhorter a recorded
statement, stating she was inside the residence of XXXX Bertha Court speaking with Leon
Brewer when she observed multiple people walk up to the home. Ms. L. R. stated the door
swung open and an unknown male, possibly with the nickname Biscuit, walked inside and began
speaking with Leon. Ms. L. R. stated she felt she didn’t want to be apart of anything that was
I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Michael McWhorter

AFFIANT

DATED: February 2, 2022

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CASE NUMBER: 49D32-2202-MR-003061 FILED: 2/2/2022

Affidavit for Probable Cause

From: Detective Michael McWhorter

going on, so she decided to leave. Ms. L. R. stated she went out to her vehicle that was parked in
the driveway and began backing out, when a scuffle ensued in the driveway. Ms. L. R. stated she
never heard a gunshot, nor did she see anyone shoot or get shot. Ms. L. R. stated as she was
attempting to drive away, Leon Brewer managed to somehow get her car door open and
demanded that she drive him away from the area. Ms. L. R. stated that Leon told her to “Drive
Bitch” and made her speed down the street. Ms. L. R. stated that once she drove down the street
a safe distance, she stopped the car and Leon began screaming at her at the top of his lungs, that
she needed to drive him out of the area and if she wasn’t going to do it, then he wanted to drive
the car himself. Ms. L. R. stated she was afraid of Leon, and he has beat her up in the past.

Ms. L. R. stated that Leon told her to drive him to a friend’s house near Harding and
Raymond Street, where she didn’t want to go inside, but Leon forced her inside. Ms. L. R. stated
the people who were inside the home stated that they heard Charles Cole had just been shot and
they were going to leave. Ms. L. R. stated she wanted no more involvement in this situation, so
she left the scene, leaving Leon behind. Ms. L. R. does not know how Leon managed to make it
back to the original crime scene.

On February 1, 2022, Detectives McWhorter and Melkey met with Ms. L. R. to get a
second statement and complete a photo array. Detective McWhorter asked Ms. L. R. if she saw
the shooting, and she said she did not witness the shooting, but wanted to get away from the
scene as fast as possible. Ms. L. R. stated as she was attempting to flee the scene when Mr.
Brewer got into her vehicle and told her to drive. Ms. L. R. was shown a photo array containing
Mr. Brewer, and Ms. L. R. picked Mr. Brewer as the male who entered her car and made
demands. Ms. L. R. has an active protection order on Mr. Brewer and stated she is waiting for it
to be served, as she is afraid of Mr. Brewer.

On January 27, 2022, Leon Brewer did possess a handgun and had a prior felony
conviction within the last fifteen (15) years. Specifically, Leon Brewer has a conviction for Auto
Theft, a class D felony out of Marion County Superior Court, Room 15, under Cause Number
49G15-1707-F6-025772 on or about September 11, 2017 .

I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing representations are true.

/s/ Michael McWhorter

AFFIANT

DATED: February 2, 2022

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