THE STATE OF TEXAS

§

WARRANT#

COUNTY OF WILSON

§

2181h 1 81 51 DISTRICT COURT

APPLICATION FOR SEARCH AND SEIZURE WARRANT
{Article 18.0215), Texas Code of Criminal Procedure}
BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED THE
APPLI CANT HEREIN, A PEACE OFFICER UNDER TH E LAWS OF TEXAS , WHO, BEING
DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS:
My name is Kevin D. Wright, hereafter referred to as your Applicant. Your Applicant is
commissioned as a Peace Officer by the Texas Department of Public Safety (DPS) and has
been for the past seventeen (17) years. Your Applicant is currently assigned to the Texas
Ranger Division, 311 Sidney Baker South, Kerrville, Texas 78028. Your Applicant holds a
Master Peace Officer license issued by the Texas Commission on Law Enforcement. Your
Applicant has received extensive specialized training and instruction in subjects including, but
not limited to: arrest, search, and seizu re; manufactu re, distribution , and use of narcotics;
methods of sm uggling narcotics; techniques and methods of investigation; interview and
interrogation; crime scene investigation; assau ltive offenses including sexual assault and
murder; violations committed with the use of cellular telephones and computer technology;
extraction of digita l data from multiple types of media; and violations of the laws of the State ~f
Texas and the United States of America. In your Applicant's experience as a Peace Officer,
your Applicant has cond ucted numerous criminal investigations.
A. There is in Wilson County, an item described and located as follows : a black LG model
LG328BG cellular telephone with !MEI: 354417-07-31 1406-6, and a serial number of
511CQSF311406. Said cellular telephone is being held as evidence by the Federal Bureau
of Investigation (FBI) and was seized incident to a lawful search of a vehicle driven by Devin
Patrick Kelley.
Attached to this affidavit (see below) are photog raphs of said cellular telephone.

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 B. Said suspected cellular telephone is in charge of and controlled by the following named
individuals, to wit:
Devin Patrick Kelley, a white male having a date of birth of 02/12/1991 and
a Texas driver license database physical description of five feet nine inches
tall with brown hair and blue eyes.
C. Applicant has reason to believe and does believe that Devi n Patrick Kelley is the owner
and/or primary user of said cellular telephone , and that said cellular telephone contains
evidence of capital murder, an offense that is in violation of the laws defined in Chapter 19
of the Texas Penal Code. Applicant hereby requests authority for said cellular telephone to
be forensically searched and ana lyzed pursuant to the attached Search and Seizure
Warrant.
D. Applicant has probable cause for said belief that the offense described in Paragraph C
above was committed by reason of the following general facts and circumstances which
constitute this Applicant's probable cause and learned through the course of Applicant's
investigation from statements made by other investigators and witnesses:
On Sunday, 11/05/2017, your Applicant was req uested to assist Company "F" Texas
Ranger Terry Snyder with the investigation into a mass casualty shooting at the First Baptist
Church in Sutherland Springs, Texas. Your Applicant learned that at approximately 11 :30
AM, an individual entered the First Baptist Church during the morning worship service and
began shooting multiple round s of ammunition from a rifle at members of the church
congregation. Your Applicant learned that more than twenty (20) individuals were killed
inside the First Baptist Church as a result of the gunman's actions. Your Applicant further
learned as the gunman left the First Baptist Church, the gunman was confronted by another
man armed with a rifle (identified as Stephen Willeford) that resided in close proximity to the
church. The church gunman and Willeford fired rounds of ammunition at one another until
the church gunman got into a white colored Ford Expedition and left the scene.
Your Applicant was advised that the ch urch gunman's white colored Ford Expedition had
been observed by Sheriff's Deputies in nearby Guadalupe County and that the church
gunman was now deceased. It was unknown to your Applicant at that time whether the
church gunman had been shot by Willeford, Sheriff's Deputies, or was deceased as a result
2

 of a self-inflicted gunshot. Your Applicant and two (2) additional Texas Rangers were
assigned to go to that scene and document where the church gunman's vehicle and body
were located.
When your Applicant arrived at the scene in Guadalupe County where the church gunman's
vehicle was located, your Applicant noticed that the white colored Ford Expedition displayed
Texas registration GSW8504. Your Applicant was advised by Guadalupe County Deputies
that they had found the vehicle off the roadway in its current conditio n. They stated they
had not fired any rounds at the gunman, nor he at them . They stated they believed the
gunman was dead due to a self-inflicted gunshot to his head. Your Applicant learned that
the vehicle was registered to Devin Patrick Kelley. Your Applicant observed a Wa lgreen's
medication bottle in the console prescribed to Devin Kelley. Your Applicant observed the
dead body of a white male that was partially lying outside the driver side door. The man's
head was lying on the dirt outside the driver side door. The man's legs were still in the
floorboa rd area of the front driver side of the vehicle. Your Applicant observed what
appeared to be a pistol lying on the floorboard under the man's feet. The man was clothed
in black pants and a black shirt. The man also had black body armor that appeared to be
partially taken off. There was at least one pistol magazine in a magazine holder on the
man's belt. The man had what appea red to be a bullet entry wound above his rig ht ear and
a bullet exit wound on the back left side of his head. After the dead body was removed from
the vehicle, the vehicle was towed to the Guadalupe County Sheriff's Office in Seguin,
Texas and secured.
Prior to finishing the crime scene investigation, your Applicant observed a white male
standing on the highway near the scene. Your Applicant made contact with the white male,
who identified himself as Johnnie Langendorff Jr. Langendorff advised your Applicant that
he was the driver a Dodge pickup parked inside the perimeter of this crime scene.
Langendorff explained to your Applicant that Langendorff was almost to his girlfriend's
residence located near the First Baptist Church in Sutherland Springs. Langendorff stated
he witnessed the church gunman and Willeford exchanging gunfire near the First Baptist
Church. Langendorff advised your Applicant that Willeford approached Langendorff's
pickup as the church gunman fled the scene in the white colored Expedition. Langendorff
stated Willeford told him that the gunman had "shot up the church" and that they needed to
chase him. Langendorff stated Willeford got into his pickup with his rifle and they began
chasing the white colored ford Expedition. Langendorff stated he was calling 911 to advise
the Sheriff's Deputies that the gunman was trying to escape. Langendorff advised that as
they got a few miles away from the First Bapti st Church, the white colored Expedition began
to slow down in the roadway. Langendorff further advised that the Expedition struck a sign
near the roadway and beg an rolling off the roadway and came to a rest in its current
location. Langendorff advised th at Willeford pointed his rifle at the Expedition and waited
for the Sheriff's Department to arri ve. Langendorff stated that he and Willeford had no
contact with the gunman and that Willeford had not fired any rounds at the gunman once
Willeford got into his pickup. Langendorff stated he told the 911 operator where they were
and that deputies needed to respond to their location.
You r Applicant has seen the Texas driver license photo of Devin Kelley. Due to all the facts
and circumstances observed and learned by your Applicant, your Appl icant believes the
deceased male in the white colored Ford Expedition to be Devin Kelley.
On 11/07/2017, Texas Ranger Joey Evans thoroughly processed the vehicle and recovered
3

 t.he black LG cellular telephone from a pocket on the front driver side door.
During this investigation, your Applicant has reviewed video data from Langendorff's cellular
telephone. This video data was recorded at the scene where Devin Kelly's white Ford
Expedition was recovered. This data is comprised of multiple videos taken at this scene
and your Applicant believes these videos corroborate the information received from
Langendorff and other sources.
Your Applicant has also learned , from investigators and public sources, that Devin Kelley
has a Facebook page. Facebook is a very popular social networki ng platform. Your
Applicant knows, through training and experience, that many people who use one social
networking platform will often use a variety of other social networking platforms, such as
SnapChat, Twitter, and lnstagram among others. The communication on these social
media platforms can be in written form, digital images, and with video recordings. Your
Applicant also knows, from training and experience, that it is very common for someone to
access these social media platforms using their cellular telephones.

E. Based upon Applicant's training and experience in conducting investigations of individuals
involved in illegal activity and the experience of other law enforcement officers involved in
this and other investigations, Applicant knows:
1. Cellular telephones are used by perpetrators to communicate verbally, and in written
form through emails, text messages, and various social media applications and
programs. These perpetrators often communicate with one another about the crimes
they have committed or intend to commit.
2. Perpetrators often take digital images and recordings of their crimes and store them on
readily accessible digital media (including cellular telephones) as trophies to show to
others.
3. Perpetrators commonly conduct research to learn how to commit and conceal their
crimes through websites and online resources.
4. Cellular telephones are also storage containers in which perpetrators maintain evidence
of the crime such as SMS and MMS messages, phone logs, address books, deleted
messages, photographs, digital images, videos, etc. Applicant is also aware that th is
data is often maintained for extended periods of time by the perpetrator and can be
forensically retrieved whether stored or temporarily deleted by the suspect.

F. Ba sed on Applicant's investigation, the following property is believed to constitute actual
evidence, or information that could lead to evidence that the offense listed above in
Parag raph C was committed by Devin Patrick Kelley and possibly discussed and/or planned
with others:
1. Electronic record s or data, contained within said cellular telephone including but not
limited to : records of electronic commun ications (such as records of incoming and
outgoing telephone calls, recorded telephone numbers, recorded voice messages, and
SMS and MMS messages), social media applications and communications or data
4

 stored within said applications, passwords, address books, photographs, digital images,
video images, search history, electronic records or data of the perpetration of the
alleged crime, and any digital memory cards or other digital media inserted into said
cellular telephone.
2. Applicant believes the aforementioned data can provide a timeline of events and
possible additional witnesses, victims, and co-conspirators of the alleged crime.
G. Based on Applicant's training and experience, Applicant knows that there are necessary
practicalities governing the manner of the execution of a search and seizure wa rrant related
to cellular phones.
1. Applicant has attended training and spoken with experts in the field of forensic
examination. Because of the large volume of information that can be stored in
electronic devices, it is almost always necessary to examine the device off-site.
Applicant has also learned that experts in the field of computer and cellular
telephone forensics are able to recover data that has been deleted. Applicant also
knows from his training and experience that digital material has the capability of
remaining on devices designed to store them for an indefinite period of time
including weeks, months, and years. Unlike drugs, the user does not consume
electronically generated documents or data; rather they are stored and kept for an
indefinite period of time. The applicant also knows from his training and
experience, that it is possible to retrieve items that have been deleted by the user
through the use of a forensic recovery of the storage device .
2.

Based on Applicant's training and experience, Applicant knows that in order to
completely and accurately retrieve data maintained in electronic devices, to ensure
accuracy and completeness of such data, and to prevent the loss of the data either
from accidental or programmed destruction, it is often necessary that memory
storage devices within electronic devices be copied and examined by a qualified
computer specialist.

3. The peripheral devices that allow users to enter or retrieve data from the storage
devices vary widely in their compatibility with other hardware and software. Many
system storage devices require particular inpuUoutput devices in order to read the
data on the system. It is important that the analyst be able to properly re-configure
the system as it now operates in order to accurately retrieve the evidence listed
above. In addition, the analyst needs the relevant system software and any
applications or software which may have been used to create the data;
4.

Applicant has made prior arrangements for a forensic expert to assist in this
investigation;

5.

The volume of data stored on many electron ic devices will typically be much larger
than what is realized . Your Applicant has learned that the more data stored on a
device, the more complex the analysis can be. W ith the large number of
computer-related crimes and the limited number of forensic analysts, it may ta ke
some time for the forensic analysis of the property in Paragraph A to begin.
5

 6. Once identified, the forensic analyst will conduct the search within approved
forensic guidelines that will safeguard the integrity of the original data stored on
the electronic device.
Applicant requests the issuance of a warrant authorizing the Applica nt to forensically
search and analyze said suspected cellular telephone described in paragraph A
pursuant to Chapter 18 of the Texas Code of Criminal Procedure in order to uncover
evidence of criminal activity.
Applicant further requests, pursuant to the provisions of Article 18 of the Texas Code of
Criminal Procedure, for authority to remove such seized property from this county, if
such removal is necessary for the safekeeping of such seized prope rty, for forensic
testing and analysis, or as otherwise authorized in the Texas Code of Criminal
Procedure.
WHEREFORE PREMISES CONSIDERED, Applicant requests that a warrant be issued
authorizing any Peace officer of the State of Texas or any Agent of the United States
Government to search the property described in Paragraph A and thereby seize
evidence as authorized by law to assist in the furtherance of the investigation of the
offense described.

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SWORN TO AND SUBSCRIBED BEFORE ME BY SAID APPLICANT ON THIS THE

ct+lr\ DAY OF

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2017 at ) .- )

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Honorable Russell Wilson
2181h I 81 st District Court Judge
Wilson County, Texas

6

J

 SEIZURE & SEARCH WARRANT

STATE OF TEXAS

§

WARRANT#

COUNTY OF WILSON

§

2181h 1 81 51 DISTRICT COURT

THE STATE OF TEXAS to the Sheriff or any Peace Officer of Wilson County, Texas or any
Peace Officer of the State of Texas, or any Agent of the United States of America,

GREETINGS:
WHEREAS, the Applicant whose name appears on the attached Application is a Peace Officer
under the laws of Texas and did heretofore this day subscribe and swear to said Application
before me (which said Applicant is here now made part hereof for all purposes), and whereas I
find that the verified facts stated by Applicant in said Application shows the Applicant has
probable cause for the belief expressed therein and has established existence of proper
grounds and probable cause for issuance of this Warrant throughout the course of Applicant's
investigation into offenses alleged and listed in the application requesting this warrant.
Now, therefore, Applicant is commanded to search the following suspected cellu lar telephone: a
black LG model LG328BG cellular telephone with IMEI: 354417-07-311406-6, and a serial
number of 511 CQSF311406. Said cellular telephone is being held as evidence by the Federal
Bureau of Investigation and was seized incident to a lawful search of Devin Patrick Kelley.
FURTHER, Applicant is ORDERED, pursuant to provisions of Article 18, Texas Code of
Criminal Procedure, to seize any evidence related to the commission of the offense of Capita l
Murder, in violation of the laws of the State of Texas, listed within the application and retain
custody of any property seized pursuant to this warrant and to subsequently conduct an
authorized forensic search of the aforementioned cellular telephone .
The search of this cellular telephone is to include, but not limited to:
All digitally stored electronic records or data, contained within said cellular
telephone , including but not limited to : records of electronic communications (such
as records of incoming and outgoing telephone calls, recorded telephone numbers,
recorded voice messages, and SMS and MMS messages), social media applications
and communications or data stored within said applications, passwords, address
books, photographs, digital images, video images, research history, electronic
records or data related to established witnesses, victims, or co-conspirators
associated with the case, or the perpetration of the alleged crimes, as well as any
records or data that demonstrate the identity of the person(s) who owned or
exercised dominion or control over the cellular telep hone or the electronic records or
data contained therein .
The terms "records," "information," and "property" includes all of the items of evidence in
whatever form and by whatever means that may have been created or stored , including
record s, whether stored on paper, on magnetic media such as tape, cassette, disk, diskette or
7

 on memory storage devices such as optical disks, programmable instruments such as
telephones, electronic address books, calculators, or any other storage media, or any other
form of "writing," together with indicia of use, ownership, possession, or control of such
"records," "information," and "property".
This Court grants Applicant leave and authority to remove the said cellular telephone from this
county, if such removal is necessary for the safekeeping of such seized property by Applicant,
for forensic testing and analysis, or as otherwise authorized in the Texas Code of Crimina l
Procedure. Applicant is further ORDERED to give notice to this Court, as part of the inventory
to be filed subsequent to the execution of this Warrant, and as requ ired by Article 18, Texas
Code of Criminal Procedure, of the place where the property seized hereunder is kept, stored
and held.
HEREIN FAIL NOT, the Applicant shall execute this Warrant within three days, exclusive of the
day of its execution, with your return thereon, showing how you have executed the same, filed
in this Court.
ISSUED THIS THE

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to certify which witness my hand th is day.

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Honorable Russell Wilson
2181h/ 81 51 District Court Judge
Wilson County, Texas

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