Electronically Filed - LINCOLN COUNTY - December 20, 2022 - 01:46 PM

22L6-CR01655
IN THE CIRCUIT COURT OF LINCOLN COUNTY, MISSOURI

STATE OF MISSOURI ]
Plaintiff ]
]
VS. ] Case No: 22-3670

FULL NAME: MERKEL, MICHAEL

FULL ADDRESS:
]
DOB: /1980 ]
SSN:
HGT: 6.00 WGT: 180
EYE: BLUE HAIR: BALD ]
Defendant ]

PROBABLE CAUSE STATEMENT

STATE OF MISSOURI ]

COUNTY OF LINCOLN ] ss

I, A.Morris DSN 185, an officer with the Troy Missouri Police Department, knowing that
false statements on this form are punishable by law, state that the facts contained herein are true
to the best of my knowledge, information, and belief.
1. I have probable cause to believe on 3/14/2022 at 2035 hours, the aforementioned defendant
did: purposely, through their course of conduct, disturb and follow a Law enforcement Officer
to intentionally disturb and cause alarm.
On the aforemetioned date and time, a Lincoln County Sheriff's Office employee received
multiple text messages containing images of the victim dining at the Texas Roadhouse (15150
Veterans Memorial Parkway) and the victim's assigned patrol vehicle in the parking lot. The
employee receiving the messages was in possession of a LCSO assigned cellular device, which
had previously been issued to the victim. The message read, "I have video of you drinking and
getting into your county car. We are watching you closely. you should stop throwing stones at
glass houses or yours will come down first and fast. Read the definition of integrity and know the
wheels of justice turn slowly, but they turn in favor of those with integrity. Here's a couple of pics
for starters." Additional messages were received: "You're determining your professional fate
here just as you did in Mandeville. We are 4 weeks in. 4 weeks to go. Make better decisions or
they both end up the same."; "We will eventually meet in person when this is all turned over to
an independent body for review". The victim was at his home in Lincoln County, when he
received the messages approximately an hour after they were sent.

The LCSO cellular device is described as a Black in color Apple iPhone, Model name iPhone
XR, Model number , Serial number . The messages in question
were sent from the cellular number .

In review of video surveillance obtained from Texas Roadhouse, multiple camera angles
capture video surveillance of the victim's patrol vehicle. On video surveillance, both Mike and
Becky Merkel are observed holding up cellular devices pointed at the vehicle, an act consistent
with taking a digital photograph.
 Electronically Filed - LINCOLN COUNTY - December 20, 2022 - 01:46 PM
In reference to the suspect number , subpoena requests were sent to
Inteliquent, a cellular number wholesaler. The return indicated the number was provided to AD
HOC LABS. A subpoena was sent to AD HOC LABS. AD HOC LABS/BURNER provided a
return to the subpoena requesting all information associated with the cellular number
Per their return, Burner indicated an account was created:

USER ID: USER PHONE NUMBER:

DATE/TIME CREATED: 3/15/2022 1:27 UTC
OWNED NUMBER:
DATE/TIME ASSIGNED: 3/15/2022 1:28 UTC
DATE BURNED/EXPIRED: 3/15/2022 2:02 UTC

It should be noted that the above date and time is Universal Time Coordinated which is six (6)
hours ahead of Central Standard Time.

Using the Tracer Service, the number was searched through a database with
information returning the number was associated with one Kevin Lee Merkel.

Search warrants were written for the cellular devices associated with Kevin, Mike, and Becky
Merkel.

AT&T provided a search warrant return for Kevin Merkel's cellular number .
Records contained in the return indicate the number was associated with the DEA Far East
Region, issued to Kevin Merkel.

Sprint provided a search warrant return for Mike Merke's cellular number .
Sprint's return provided the follwing communication contacts between Mike Merkel's cell number
and Kevin Merkels cell number (disguised by use of the Burner Ap)

1. 08:29:04 PM text, from

2. 08:29:16 PM text, from
3. 08:29:36 PM voice outgoing from
4. 08:29:50 PM text outgoing from
5. 08:30:03 PM text outgoing from
6. 08:30:44 PM text incoming from
7. 08:30:51 PM text incoming from
8. 08:31:05 PM text incoming from
9. 08:31:13 PM text incoming from
10. 08:31:20 PM text outgoing from
11. 08:32:00 PM text incoming from

Cellular records plainly show Kevin, Mike, and Becky Merkel were acting in concert and
collusion to photograph, video record, and threaten the victim with releasing the captured
media. The threatening messages indicate additional images and video were captured and
would be released unless the victim stopped throwing "stones at glass houses".
2. I believe the defendant would not appear in court in response to a criminal summons and/or
the defendant poses a danger to the victim, the community, or another person for the following
reason(s):
CRIMINAL HISTORY
RESIDENTIAL STATUS
 Electronically Filed - LINCOLN COUNTY - December 20, 2022 - 01:46 PM
NATURE OF THE CRIME Mike Merkel is a former Law Enforcement Officer, previously
employed by Lincoln County Sheriff's Office (LCSO). The victim believes the messages and
threats were sent due to Mike Merkel being under investigation for potential wrongdoings while
he (M.Merkel) was an investigator with LCSO, wrongdoings which could have criminal
consequencs. Mike Merkel, as a former LEO, shows disregard for the integrity of the victim's
investigation, and attempted to used Kevin Merkel's current status in Law Enforcement to put
pressure on the victim to end an investigation.

Since this affidavit is submitted only for the purpose of securing an arrest warrant, I have not
set forth each and every fact known to me concerning this investigation. I have included what I
believe are facts sufficient in establishing probable cause for this arrest warrant.

OFFICER NAME A.MORRIS,

DSN 185 Signature

I attest to the above information as true and accurate on this DATE 8/15/2022

IN CUSTODY:

CUSTODY TIME: