. . , ... &F~AL OFFENSE REPORT ''t':o'fri·al County Sheriff's Office 3005 W . San An tonio St. Primary Offense: New Braunfels, TX 78130 SEXUAL ASSAULT Office: {830)620-3400 Statute: 22.0ll(a)(l) Fax: (830)608-2082 Offense Code: 11990001 Email: CCSHERIFF@CO.COMAL.TX.US Offense Completed: Completed www.co.comal.tx.us/so/index.html Report Status: Primary Officer : MANN ING, RICHARD P. - Call for Service#: U Closed D Inact ive D Oth er LJCleared by arrest Date/ Time Offense Occurred: 13-06-3 030 I Ounfounded Oop en UExceptionally Clea red Date Incident Reported & Time of Call: Monday; June 17, 2013 et 11:44 PM 06/17/2013 at 11 :44 PM Offense Location: Location Type: 2825 FM 2722 Residence OFFENSE INFORMATION Offense Code Offense Tit.le Statute Citatlon 11990001 Sexual Assault 22.0ll{a){l) PARTY INFORMATION Connection Name Address OLState Dl# Phone Victim Witness Brennaman, Tessa 186 West St B 830-214-0523 New Braunfels, Tx 78130 830-708-2374 Sex Race F w F w M w DOB Kaylynn Suspect Kelley, Devin Patrick 2825 Fm 2722 Texas 25628192 830-221·6886 02/12/1991 New Braunfels, Tx 78132 REPORTING OFFICER: MA~~ING, RtCHARD P. .f?.11'/a,,,i,,,wny t(C{ APPROVING SUPERVISOR: L( REPORT DA~18/2013 7'' - ~ -?:Y RE.CE.NED .\U~ 2. 7 ?.fi'1 NT'< Page 1 of 1 coMA~\J~i~\GA1\0NS CR\M\NAL\,.. I 1, •,: •,. l Case Number: Officer: Date of Report: 13-06-3030 MANNING, RICHARD P. 06/18/2013 OFFENSE:. SEXUAL ASSAULT 22.01 l{A)(3) PENAL CODE SECOND DEGREE FELONY SUSPECT INFORMATION: KELLY, DEVIN PATRICK W/MDOB 02-12-91 TXDL-25628192 On Saturday the 15th of June 2013, DEVIN PATRICK KELLY, did then and there intentionally or knowingly cause the sexual organ of DEVIN PATRICK KELLY, to contact or penetrate the mouth of without the consent of 1. On Tuesday the 18th of June 2013, I responded to the parking lot of the New Braunfels Police Department, in reference to a sexual assault that occurred in Comal County, outside of the city limits. 2. Upon arival, I met with complainant who advised me that she was sexually assaulted on Saturday, June 15th 2013. stated that the person who assaulted her was by the name of DEVIN PATRICK KELLY. advised that the incident occurred at Devin's parents residence, inside his bedroom there. 3. advised that she met with Devin to hang out. stated that they went into Devin's room and he started to try and kiss her. stated that she turned away to not reciprocate the kiss. 4. stated that at one point Devin had her sit on the bed next to him, and he pushed her down onto her back. stated that when she was on her back, Devin climbed on top of her, sitting on her chest and pinning her arms underneath his legs. 5. Next, stated that Devin then pulled out his penis and tried to have her suck on it, and she told him no. stated that Devin told her that if she didn't open her mouth he would choke her. stated that she was able to free her hands at one point, then Devin would restrict them again. 6. Next, her mouth. stated that Devin choked her with his hands around her throat, until she opened stated that when her mouth was open, he shoved his penis into her mouth and ..•.. '• •,. proceeded to move back and forth, because she wouldn't perform. continued to move back and forth until she choked on his penis. stated that he 7. stated that she bit down on his penis to try and get him to stop. stated that Devin slapped her across the face and told her that he would hurt her if she didn't do what he said. 8. stated that Devin forced his penis into her mouth again and he finally ejaculated into her mouth. told me that Devin finally let her up off of the bed and she went into a bathroom and spit the semen into the sink. told me that she left the residence after that. 9. I asked what condition the clothing she was wearing that night were in, ie washed, still told me that she lives with her mother and his fairly certain that the clothing she had on was already washed. dirty etc. 10. I also spoke with TESSA BRENNAMAN, a close friend, "cry-out" witness and also ex-wife of Devin's. 11. Tessa stated that Sexual Assault. met with her on Sunday the 17th of June 2013, and told her of the 12. Tessa further advised that Devin and she were married for a little over a year. Tessa stated that for the duration of the marriage, Devin would frequently choke, slap, kick and water-board her and one time even held a gun against her head. 13. Tessa stated that Devin was confined from June of2012 to April of 2013. Devin was discharged from the Air Force. END OF REPORT COMAL COUNTY SHERIFF'S OFFICE VOLUNTARY STATEMENT (NOT IN CUSTODY) I, , currently reside at . I am giving this statement to a Texas Peace Officer. I understand that I am not under arrest and .I volunteer the following information of my own free will, for whatever purpose it may serve. I have read each page of this statement consisting of .2:::.. page(s), each page of which bears my signature, and corrections, if any, bear my initials, and I certify that the facts contained herein are true and correct. @M. this. Dated at; tno':{Z.. WITNESS: ?rf/~•q Wq I~ date of_--=:ra..::Y-":11 ........... < _ __ . . 20~ ------------ WITNESS: . '.'• COMAL COUNTY SHERIFF'S OFFICE VOLUNTARYSTATE1\.1ENT (NOT IN CUSTODY) , I, , reside I am giving this statement to a Texas Peace Officer. I understand that I am not under arrest and I volunteer the following information of my own free will, for whatever purpose it may serve. I hereby truthfully provide the f~lowing statement: -A ~w u.'.)..U..¥-5° 'oefo'!S!, ~rct\~ ~~s~~:;~~~~ ~~~,™~~e~. ~i,;~~:i1c~~f~;t.~i:a-~\~ '!fu·~ h~,'c! ch c\L, \Y':- ~ uacr,b,0 •• ::r: \a.tel ::\\ogtf ovr of sbcc~£vit,..J ?A-Te,c.~ .fMAl ,'. ~OUNTY; SH l;RIFF'S. OFFICE~- "' " FORPF/OPEffTYONLY · . . ~o_c;>F ITEMo/, SJ'OR_ED lti 1-:F=J ,l~1N=G"="9F:2~~1cE==R,:....__-= ":...!: 'r,:....; _ :.....,.__:_~~~:.,,..-__:____:_---1 PRO.P ~RTY CONTROt. Rl:.PORT 6'!-- fo c Si. 2..3 . ·. . · · · \. , CAUTION ., SUBMJTI,IN,G EMPLOY~E BIO HAZARD '~hMl,- O' CRIMINAL ', 0 TOXieOLOGY 0 NARCOTICS .. S~!'AP ED~~S ' '!°EMPqRARY L9CKEFj # ,, LABORATORY WORK REQUIRED . · · .. · A'MMUNiTION , , - ,, i DATE B~CQV;FjEJ:>"'.. DA.TE $UBM.mt:P .' ·-. LOCATIQN f:H;COVERED :. , - CHAR!3E$ 0 0 - nno\ • FIREARMS QUESTJONED DOCUMENTS LATENTS 0 ... :-. '• " -- r - . ... . -·,a- .. . ~ ,. ... . · -- ,.. DO NOT WRITE BELOW THIS LINE • OFFICE USE ONLY 1. 2. 3. 4. . ,, IMP.PRTANT ~9TICF Pr11Jt ,gr tYP.E? a.II WJiting~ cleey.,r and legib,l~. Apply pr~s~me thr.pugh all car9oned copie~. Have you taggl;ld all p_ropJ:irty/ev,ide,nce ite.1J1S ..yith proper t_ ags? White·copy Is to be remov.ed ~nd attached to original crime·o.r Incident report. Remaining two copies are to, _be ~ttached to property container. . -' . -- ,., ---· . -: ... ::.-.-.... ;'" .. . ... ~ ~ ~ ... Comal County Sheriff's Office INCIDENT/OFFENSE Open Records Cover Sheet 3005 W. San Antonio St. New Braunfels, TX 78130 I Received Date: I 06/1112013 Incident ID: 13-06-3030 13-06-3030 CASE: Office: (830)620-3400 I Received Time: I 11:44 PM I Initial Call Reported By: Nature of Call Reported: SEXUAL ASSAULT I Received Method: Non Emergency Call Dispatched To Location: 2852 FM 2252 Officer(s)/Unlts Assigned Date Notified Dispatch Time Arrival Time Clear Time Disposition MANNING, RICHARD P. 06/17/2013 06/17/2013 12:00AM 1:55 AM Offense Report I Area I Attempted/ Completed Investigator Assigned GARZA, CHRIS Completed I I Received by: DOW, RASHONTA L. Subdivision/ Grid Incident / Offense Date Incident/Offense Time UCRCode Status Status Date 06/17/2013 11:44 PM RAPE - Rape by Force Inactive 10/14/2013 Exit Point Entry Point Offense Code Incident/Offense Description 22.0ll(a)(l) SEXUAL ASSAULT I Weapon/ Force Used Evidence Collected I D YES I 0No Property: Category Class Manufacturer Evidence Recordings Estimated Value Description of ltem(s) NCIC N INTERVIEW SUBMITIED BY C GARZA (audio, visual) Total Estimated Value $0.00 Vehicle{s): Year Make Party Information: Model Color license Description Disposition Connectton'l :, " -··- .,# ..• .· :~ame ::)'.:,; ,,-., .. _. " Addre~ , :c,i:'· " " ,, : ·,.:,, - DIState "' '·. ;DL# . . BRENNAMAN, TESSA KAYLYNN ·.-.• •Gender: RacE!\ Female White Female White Male White '< DOB.· ., Victim Witness ' 186WESTST B NEW BRAUNFELS, TX 78130 Suspect KELLEY, DEVIN PATRICK 2825 FM 2722 NEW BRAUNFELS, TX 78132 Texas 25628192 02/12/91 ''"· Comal County Sheriff's Office CRIMINAL OFFENSE REPORT 3005 W . San Antonio St. Primary Offense: New Braunfels, TX 78130 SEXUAL ASSAULT Office: {830)620-3400 Statute : 22.0ll(a)(l) Fax: (830)608-2082 Offense Code: 11990001 Email: CCSHERIFF@CO.COMAL.TX.US Offense Completed: Completed www.co.comal.tx.us/so/index.html Report Status: Primary Deputy: MANNING, RICHARD P. Call for Service#: Dclosed O cleared by arrest D Other 0 Exceptionally Cleared Date Incident Reported & Time of Call: Date/ Time Offense Occurred: 13-06-3030 I Du nfounded Oopen D Inactive Monday, June 17, 2013 at 11 :44 P M June 17, 2013 at 11 :44 PM Offense Location: Location Type: No Known Address Reporting Deputies Other than Primary: OFFENSE INFORMATION Offense Code Offense Title Statute Citation 11990001 Sexual Assault 22.0ll(a)(l) PARTY INFORMATION Connection Victim Witness Name Brennaman, Tessa Address DLState DL# Phone 186 West St B 830-214-0523 New Braunfels, Tx 78130 830-708-2374 Sex F w Race F w M w DOB Kaylynn Suspect Kelley, Devin Patrick 282S Fm 2722 Texas 25628192 830-221-6886 02/12/1991 New Braunfels, Tx 78132 REPORTING DEPUTY: MANNING, RICHARD P. REPORT DATE : 06/18/2013 APPROVING SUPERVISOR: Page 1 of 1 COMAL COUNTY Case Number: Officer: Date of Report: OFFENSE REPORJ: 13-06-3030 MANNING, RICHARD P. 06/18/2013 OFFENSE: SEXUAL ASSAULT 22.01 l(A)(3) PENAL CODE SECOND DEGREE FELONY SUSPECT INFORMATION: KELLY, DEVIN PATRICK W/MDOB 02-12-91 TXDL-25628192 On Saturday the 15th of June 2013, DEVIN PATRICK KELLY, did then and there intentionally or knowingly cause the sexual organ of DEVIN PATRICK KELLY, to contact or penetrate the without the consent of mouth of 1. On Tuesday the 18th of June 2013, I responded to the parking lot of the New Braunfels Police Department, in reference to a sexual assault that occurred in Comal County, outside of the city limits. who advised me that she was 2. Upon arival, I met with complainant stated that the person who assaulted her sexually assaulted on Saturday, June 15th 2013. was by the name of DEVIN PATRICK KELLY. advised that the incident occurred at Devin's parents residence, inside his bedroom there. 3. advised that she met with Devin to hang out. stated that they went into Devin's stated that she turned away to not reciprocate the room and he started to try and kiss her. kiss. 4. stated that at one point Devin had her sit on the bed next to him, and he pushed her down onto her back. stated that when she was on her back, Devin climbed on top of her, sitting on her chest and pinning her arms underneath his legs. 5. Next, stated that Devin then pulled out his penis and tried to have her suck on it, and stated that Devin told her that if she didn't open her mouth he would she told him no. choke her. stated that she was able to free her hands at one point, then Devin would restrict them again. 6. Next, stated that Devin choked her with his hands around her throat, until she opened her mouth. stated that when her mouth was open, he shoved his penis into her mouth and stated that he proceeded to move back and forth, because she wouldn't perform. continued to move back and forth until she choked on his penis. 7. stated that she bit down on his penis to try and get him to stop. stated that Devin slapped her across the face and told her that he would hurt her if she didn't do what he said. 8. stated that Devin forced his penis into her mouth again and he finally ejaculated into her mouth. told me that Devin finally let her up off of the bed and she went into a bathroom and spit the semen into the sink. told me that she left the residence after that. 9. I asked what condition the clothing she was wearing that night were in, ie washed, still dirty etc. told me that she lives with her mother and his fairly certain that the clothing she had on was already washed. 10. I also spoke with TESSA BRENNAMAN, a close friend, "cry-out" witness and also ex-wife of Devin's. 11. Tessa stated that Sexual Assault. met with her on Sunday the 17th of June 2013, and told her of the 12. Tessa further advised that Devin and she were married for a little over a year. Tessa stated that for the duration of the marriage, Devin would frequently choke, slap, kick and water-board her and one time even held a gun against her head. 13. Tessa stated that Devin was confined from June of2012 to April of 2013. Devin was discharged from the Air Force. END OF REPORT R. MANNING #444 COMAL COUNTY Case Number: Officer: Date of Report: DETECTIVE DETAIL 13-06-3030 GARZA, CHRIS 10/14/2013 1. On June 18, 2013 Patrol Deputy MANNING responded to the New Braunfels Police Department to meet with a complainant in regards to a sexual assault that had occurred in Comal County on June 15, 2013. MANNING reported the following: 1. On Tuesday the 18th of June 2013, I responded to the parking lot of the New Braunfels Police Department, in reference to a sexual assault that occurred in Comal County, outside of the city limits. 2. Upon arival, I met with complainant who advised me that she was sexually assaulted on Saturday, June 15th 2013. stated that the by the name of DEVIN PATRICK person who assaulted her was KELLY. advised that the incident occurred at Devin's parents residence, inside his bedroom there. 3. advised that she met with Devin to hang out. went into Devin's room and he started to try and kiss her. turned away to not reciprocate the kiss. stated that they stated that she 4. stated that at one point Devin had her sit on the bed next to him, and he pushed her down onto her back. stated that when she was on her back, Devin climbed on top of her, sitting on her chest and pinning her arms underneath his legs. 5. Next, stated that Devin then pulled out his penis and tried to have her suck on it, and she told him no. stated that Devin told her that if she didn't stated that she was able to free her open her mouth he would choke her. hands at one point, then Devin would restrict them again. 6. Next, stated that Devin choked her with his hands around her throat, stated that when her mouth was open, he until she opened her mouth. shoved his penis into her mouth and proceeded to move back and forth, because she wouldn't perform. she choked on his penis. stated that he continued to move back and forth until 7. stated that she bit down on his penis to try and get him to stop. stated that Devin slapped her across the face and told her that he would hurt her if she didn't do what he said. 8. stated that Devin forced his penis into her mouth again and he finally ejaculated into her mouth. told me that Devin finally let her up off of the bed and she went into a bathroom and spit the semen into the sink. told me that she left the residence after that. 9. I asked what condition the clothing she was wearing that night were in, ie washed, still dirty etc. told me that she lives with her mother and his fairly certain that the clothing she had on was already washed. 10. I also spoke with TESSA BRENNAMAN, a close friend, "cry-out" witness and also ex-wife of Devin's. 11. Tessa stated that met with her on Sunday the 17th of June 2013, and told her of the Sexual Assault. 12. Tessa further advised that Devin and she were married for a little over a year. Tessa stated that for the duration of the marriage, Devin would frequently choke, slap, kick and water-board her and one time even held a gun against her head. 13. and was subsequently confined in military prison because ofit. Tessa stated that Devin was confined from June of2012 to April of 2013. Devin was discharged from the Air Force. END OF REPORT 2. On June 27, 2013 I Detective GARZA was assigned this case. I began by reviewing the facts of the case as well as the statements obtained. 3. On July 18, 2013 at approximately 8:10am I called I was unable to reach her, but did leave a message on her voicemail for her to return my call. 4. On July 25, 2013 at approximately 1:45pm I called I was unable to reach her, but did leave a message on her voicemail for her to return my call. 5. On September 18, 2013 at approximately 9:35pm I called I was unable to reach her, but did leave a message on her voicemail for her to return my call. asking her to 6. On October 7, 2013 I mailed a letter to contact me at my office so that we could speak regarding this case. 7. As of October 14, 2013 this case will be inactivated pending contact from the victim. Case Inactive