03:34 PM PM No. P. 001/007 STATE OF TEXAS sates: COUNTY OF JEFFERSON THE STATE OF TEXAS to the Sheriff or any Peace Of?cer of Jefferson County, Texas, or any Peace Of?cer of the State of Texas, WHEREAS, the Affiant whose Signature is af?xed to the Af?davit, attached hereto, is a Peace Of?cer under the laws of Texas and did heretofore this day subscribe and swear to said Af?davit before me (which said Af?davit is by this reference incorporated herein for all purposes), and whereas I ?nd that the veri?ed facts stated by Af?ant in said Af?davit show that Affiant has probable cause for the belief he expresses therein and establishes the existence of proper grounds for the issuance of this warrant: NOW, THEREFORE, you are commanded to enter the suspected place and premises described in said Af?davit and to seize the items requested to be searched and bring it before me. Herein fail not, but have you then and there this Warrant within three days, exclusive of the day of its execution, with your return thereon, showing how you have executed the same. ISSUED at 12: 49 ?clock pm on this the 14th of September, 2017, to certify which witness my hand this day. moon I. sr sits DISTRICT cohnr runes IE users cooxrv, 03:34 PM Fill N0. P. 002/007 AFFIDAVIT FOR SEARCH WARRANT STATE OF TEXAS sea: COUNTY OF JEFFERSON THE APPIANT, BEING A PEACE OFFICER UNDER THE LAWS OF TEXAS, AND BEING DULY SWORN, ON OATH MAKES THE FOLLOWING STATEMENT AND ACCUSATIONS: l. THERE IS IN JEFFERSON COUNTY, TEXAS, A SUSPECTED PLACE DESCRIBED AND LOCATED AS FOLLOWS: A commercial business building that has the assigned address as 4225 Lake Arthur Drive Port Arthur, Je?erson County Texas, 77642. The name of the business is Lake Arthur Place Nursing and Rehabilitation. The building has a reddish orange brick exterior in color with white trim. The address numbers is located above the covered drop off area in front of the main doors. The commercial building sits on the north side of the Lair: Arthur Drive. 2. THERE IS AT SAID SUSPECTED PLACE AND PREMISES, PROPERTY CONCEALED AND KEPT IN VIOLATION OF THE LAWS OF THE STATE OF TEXAS AND DESCRIBED AS FOLLOWS: any and all evidence related to the following violation of Texas Penal Code 22.04: A person commits an q??hase ifilze person is an owner. operator. or employee of a group home, nursing facility, assisted living facility, core ?loiliij?j?or persons with mental retardation, or other institutional oarefaeiliiy and the person intentionally. knowingly. recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident oftliat group home or facility: serious bodily injury," (2) serious mental de?ciency, impairment, or injury," or bodily injury. Speci?c evidence affiant is searching for is as follows: All waste management containers currently on the property for remediation purposes 3. Any computer system and/or computer server located at Lake Arthur Place; 4. Medical records of patients housed at said fac?ity 5. Any communications, including but not limited to text messages and email communications between Jeff Rosetta and the corporate of?ce of Senior Care Centers and/or Senior Care Center Management from August 18 to present regarding Respondents evacuation plan for its residents; 6. All photographs audio: video tapes of the rescue of patients and scene where the incident occurred 7. All witness statements of any witness to the occurrence whether signed or not 8. All accident andlor investigative reports which refer to of relate to this incident 9, The cell phone of JEFF ROSETTA so that the cellular data and items can he examined and that are commonly run on IOS, Android, Blackberry, Windows, BADA, Palm, Garnet, Open Web, Maemo, Open Source, Nelda, Sarnsung, Meego, Verdict, Firefor, Sail?sh, Tizen or Symhian operating systems: 03:35 PM PM No. P. 003/007 a- Call history and call logs; b. Email messages and attachments, whether "draft", "read", or "unread" c. Internet, Worldwide Web browser files ineluding, but not limited to browser history, browsercache, stored cookies, browser favorites and auto complete form history d. Global positioning system (GPS) data including, but not limited to, coordinates, waypoints and tracks; e. Data that is commonly called "deleted ?les", which can contain any of the above stated descriptions of data f. Any account information, settings and saved usage information for any and all installed applications known as "apps? on the device including social media sites, third party applications and messages to include lcilr, text plus, Snapchat, Google messaging and on other messaging applications installed on the cellular device or accessed through said device; g. Cell phone Cloud accounts to include Apple, Google Store, and Windows Cloud accessed through a cell phone device h. Fi and routing network information, to include- said - (network name) and GPS information of the network, GPS directions and cell tower data, calendar information, including counters, internet history and usage to include websites visited, search terms and cookies, used dictionary wordS, network servr'ee proVider data,I Cloud storage attached to device settings and applications, data collected during the maintenance, analysis, logical acquisition, file system acquisition, physical acquisition via device interface, physical acquisition via jtag, and physical acquisition via ehip off extraction, 10. a list of employees at said facility and their work schedule to determine who to interview as witnesses 3. SAID SUSPECTED PLACE AND PREMISES ARE WEE THE CHARGE OF AND CONTROLLED BY EACH OF THE FOLLOWING DESCRIBED PERSONS: Jeff Rosette, administrative director of lere Arthur Place Nursing and Rehabilitation 4- IT IS THE BELIEF AND HE HEREBY CHARGES AND ACCUSES, THAT: Jeff Rossetta violated Texas Penal Code 22.04 which the details and facts will he laid out in the Probable Cause section of this af?davit: (ail) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other instinitional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (1) serious bodily injury; (2) Serious mental de?ciency, impairment, or injury; or (3) bodily injury. 03:35 PM PM No. P. 004/007 5. AEFIANT HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF THE FOLLOWING FACTS: See ?Attachment: which for all purposes becomes a part of this a?idavit. WHEREFORE, APEIANT REQUESTS ISSUANCE OF A WARRANT AUTHORIZING THE SEARCH OF APORESAID PREMISES FOR SAID PROPERTY AND SEIEURE OF SAME AND TO ARREST OP SAID DESCRIBED AND ACCUSED PERSON- AFFIANT SUBSCRIBED SWORN TO, BEFORE ME THIS THE 14"? DAY OF 2017- . STEVENS, DISTRICT COURT JUDGE JEFFER ON COUNTY, TEXAS 03:35 PM PM No. P. 005/007 STATE OF TEX-AS COUNTY OF JEFFERSON ATTACHMENT A LOCATION: The Af?a-nt, Detective Fanette, is a certi?ed peace of?cer in the State of Texas- The a?iant is employed by the Port Arthur Police Department and has been so employed for the past 18 years- The affiant is currently assigned to the Criminal Investigations Division. Hurricane Harvey made landfall in Texas on Friday night, August 25, 2017 as the strongest hurricane to hit the US. in more than a decade- By Saturday morning, August 26, 2017 it had dumped 18 inches (half a meter) of rain on some areas, and furecasters urgently warned that it could cause catastrophic ?ooding in the coming days. Here is a timdine of key moments in the storm's development based upon news service reports by television, radio, newspaper and internet. Aug. 17, 4 Tropical Storm Harvey is named, sis: hours after the National Hurricane Center in Miami issues a potential tropical cyclone for several small Caribbean islands- Aug. 19, 4 Moving westward between the northern coast of South America and the larger Caribbean islands, Harvey is downgraded to a tropical depression, with maximum sustained winds of 35 (56 kph). Sir. hours later, it is further downgraded to a tropical wave- August 23, Wednesday, 10 Harvey regenerates into a tropical depression about 535 miles (860 kilometers) southeast of Port D'Connor, Texas, with maximum sustained winds of 35 (56 kph)- August 24, Thursday, 1 after strengthening over the course of a day, Harvey becomes a hurricane, With maximum sustained Winds of 85 (140 kph). It is about 325 miles (525 kilometers) southeast of Port O'Connor, and Texas coastal communities in its path are urged to complete their preparations- By midnight, it is upgraded to a Category 2 hurricane and is 220 miles from Port O'Connor, with sustained maxi-mum winds of 100 (160 kph)- August 25, Friday, 2 Harvey is upgraded to a Category 3 hurricane, with sustained maximum winds of 120 (195 kph). It is centered about 75 miles (120 kilometers) southeast of Corpus Christi. By 6 pm, Harvey is a Category 4 storm just 45 miles from the city, with maximum sustained winds of 130 (215 kph). Friday, 10 pm, Harvey makes landfall as a Category 4 hurricane when the of the storm comes ashore between Port Aransas and Port O'Connor, two communities just off the coast of mainland Texas near Corpus Christi. August 26, Saturday, 2 Harvey is centered about 15 miles inland and is weakening as it slowly passes over land. It has been downgraded to a Category 3, with maximum sustained winds of 115 (185 kph). Two hours later, it is downgraded further to a Category 2. Saturday, 5 With maximum sustained winds of 90 (150 kph), Harvey is downgraded to a Category 1 storm. Forecasters warn of potentially catastrophic ?ooding in the coming days. August 26, Saturday, Hurricane Harvey moved into the Houston?area bringing thunderstorms and tornadoes that caused severe damage in some areas. . Harvey brought a second wave of severe weather as it slowly began to circle back into the Gulf and regained some strength- August 27 Harvey stationed itself over the Housttm-area bringing Extrame ?ooding and (NH 50 inches of rain in some spots- 03:35 PM Fill N0. P. August 29 As Harvey prepares for its second landfall, Southeast Texas ?oods. Jefferson County received 26.03?inches of rain this day alone, according to the National Weather Service Harvey makes landfall for the Second time around 10 pm. on August 29, 2017 near Sabine Pass. The storm officially brought 47.47" of rain to Je?erson County alone in a five?day period - more than half of that occurring in just one day. Based upon the above mentioned facts Jeff Rosetta, administrative director of Lake Arthur Place Nursing and Rehabilitation located at 4225 Lake Arthur Drive Port Arthur, Jefferson County, TX 77642, with criminal negligence, andlor recklessness, andfor knowledge caused injury to elderly individuals as de?ned by Texas Penal Code 22.04 (c (2), by failing to provide adequate care and safety of numerous elderly individuals that were in the care. custody and control of the said faCility. Medical documents will show some of the individuals Sustained injury as a direct result of the catastrophic ?ooding and the evacuation finally orchestrated at the last minute by citizens, The timeline above was laid out to show there were several days of warming, and several days to prepare a plan and have the resources in place to execute the evacuation or execute any plan that would have provided adequate safety and living conditions for those elderly individuals who rely on the care of Lake Arthur Place Nursing and Rehabilitation. Nonetheless, appropriate action by Rosetta did not timely occur. Det. Mike Hebert has informed affrant of what he witnessed himself as he assisted in the evacuation of Lake Arthur Place Nursing and Rehabilitation. On September 30, 2017 around noon time Der. Mike Hebert accessed Lake Arthur Place Nursing and Rehabilitation by means of boat because of the ?ooded conditions. The director of nursing at the facility told Det. Hebert the person in charge of the facility was Jeff Rossetta- The director of nursing brought Det. Hebert to Rosetta. Det- Hebert identified himself to Rosetta as a police officer with Port Arthur Police Departrnent. Det. Hebert noted that at this time the water was about 10?12 inches deep throughout the entire facility. He also noted the strong odor of human feces and urine throughout the facility. Det. Hebert noticed that some of the patients were still in their rooms. Some were in hallways that were lying in beds or sitting in wheel chairs. The ones in wheel chairs had their lower extremities submerged in the ?ood waters. Det. l?Iebert said it was obvious that the patients needed immediate assistance to evacuate and be placed out of harm?s way. Even though Det. Hebert was in patrol style uniform, Rosserta questioned the validity of ?at. Hebert?s official capacity. Rossetta told Det. Hebert his badge appeared to be fake and he was a fake cop. Rosetta became argumentative telling Det. Hebert to get out of his office and ?get out of my building". Det. Hebert thou turned to the directOI of nursing he had originally encountered and told her he need to quickly execute a plan to evacuate the patients. Det. Hebert and Det. T. Cater, also of the Port Arthur Police Department, reentered Rosetta?s office and made a second attempt to have him assist with the evacuation. Rosetta is still not cooperating and came out ?ora behind his desk. Rosetta observed a patient being wheel chaired past his office and made the comment ?you cannot take anyone out of this facility?. Det. Hebert Was standing in the doorway of Rosettais office. Rosetta, by using his hands, pushed Der. Hebert out of the way in an attempt to get to the patient being wheeled to safety by his office. Det. Hebert and Det. T. Cater had to physically restrain Rosetta with handcuffs so Rosetta could not prevent the necessary evacuation of the patients. Rosetta had made it clear he was not willing to allow the patients to leave or assist the Port Arthur Police Department to find a solution to bring the patients to safety. Rosetta would repeatedly accuse Det. T. Cater of "being a fake cop". There were also persons who arrived by boat to assist in the evacuation and were told by Rosetta that they could not evacuate anyone and that ?the National Guard was on the way?. Det. Hebert had no knowledge of the National Guard being deployed to the location. 03:35 PM PM No. P. 007/007 Rosetta's aetions towards police personnel and his omission to act in the prior days leading to this event, as well as his actions on August 30, 2017 resulted hi the injury of patients under the care of his facility. Aft?tam believes that evidence to the Injury to Elderly is contained within above mentioned facility. Af?ant also believes the facts laid out in this affidavit and the evidence to be loeated will show that Rosetta committed Injury to the Elderly with criminal negligence and/Dr recklessness: aridfor lniowledgc by omission.