STATE OF SOUTH DAKOTA) IN CIRCUIT COURT . SS COUNTY OF MINNEHAHA) SECOND JUDICIAL CIRCUIT STATE OF SOUTH DAKOTA Plaintiff v. AFFIDAVIT IN SUPPORT OF APPLICATION FOR ARREST WARRANT Christopher DOB QIQL 183 I. Cory Harttey. being first duly sworn on oath. depose and state that I am a Detective with the Minnehaha County Sheriffs Department, Sioux Falls, South Dakota. I am one of the officers in charge ol the investigation of the above-styled matter. That I make this Affidavit in support at the State's Attorney's request for a warrant for the arrest ofthe above--named Defendant, and in compliance with SDCL 23A-2--2, and states as follows: 1. On 8/3/20 at approximately 11 :18 AM. Minnehaha County Sheriff's Office Deputy Damian Kardas was dispatched to the area of 265th Street and 464th Avenue, Hartford. Minnehaha County, South Dakota. for a report of a body in the ditch. He responded to the area and located a body in the east ditch of 464th Avenue, approximately one-half mile south 01265th Street Deputy Kardas did not disturb the body and he called for additional assistance. 2. Minnehahe County Detective Marc Wynia and Sioux Falls Police Forensic Specialists Jackie Wynia and Jamie Clemens arrived and processed the scene. Detective Wynia identified the Victim as Cody Allen Schmidt. Detective Wynia saw that Cody had one gunshot wound in the stomach, one gunshot wound in the upper abdomen, and at least one gunshot wound in his head. He located five 9mm bullet casings under and around Cody. He observed that a bullet was lodged in a nearby telephone pole. He saw that there was some hair and blood on the telephone pole. He saw a set of tire tracks leading into and away from a nearby field approach. 3. I began a canvas of the area. I went to -485th Avenue and met with the re orting party, -- - said he was contacted by his neighbor, told him that someone was shooting a gun near his property last night. told that he should check on his cattle to make sure none of them were shot. owns the field to the southeast of 464th Avenue and 265th Street. -said he went to check on his cattle. He counted his and was returning home when he noticed something in the ditch. He realized he was looking at a body and he stopped moving toward it and called the cops. He stayed on the phone with the dispatcher until Deputy Kardas arrived on scene-said he did not touch or handle Cody's body because he observed that Cody was obviously deceased. 4. I went tin-464th Avenue and spoke with - - said he lives at- 464th Avenue-464th Avenue is approximately .2 miles south of where Cody's body was discovered. -said he heard 3 gunshots in rapid succession on 8/2/20 at 11:15 PM. He remembers the time because he looked at his clock when he heard the gunshots. He looked outside and saw some headlights on 464th Avenue. The vehicle he saw pulled into a field approach to the north of where Cody was located. The vehicle reversed back onto 464th Avenue and drove north on 464th Avenue. The vehicle turned right to head east on 265th Street. Immediately alter he watched the vehicle leave eastbound on 265th Street. he looked at his clock and saw that it was 11:24 PM.-sald he didn't call the oops immediately because he thought it was just someone shooting a gun into the field. He told all of his neighbors about the gunshots from the night before and he told his neighbors to check on their cattle. 5. I looked up ()0st information in the police records system. Cody was in jail throughout the month of July. While Cody was in jail, he sent messages to hrou the 'ail messaging stem. The mes a es between Cody and were sent via email. is 's father. On 8/2/20 at PM, - sent an email that said. 'Da co ys gone ose guys got him they tried to take me tonight, the dude said you leave cody goes with the, was with me and i gave them ood . or you would of never seen me again. replied by saying that he does not believe . _sent him a messa at 10:46 PM that said, "There at my door and codys trying to help him come get Misfiresponded by saying he doesn't believe Street #3 i Sioux Falls. agreed to speak with Detectives about this inciden was given a ride to the law en orcernent center and Detective Wynia spoke with her said that on 8/2/20. she and her boyfriend, went to meet Cody at an apartment at - S. Cleveland Avenue in Sioux Falls. While she was walking up to the apartment, she saw a male looking into the window. A second male approached her and told her that she needed to get into a pickup with him. She refused and the male told her that he was going to take Cody instead. The unknown male forced Cody into a pickup truck and they left the area. She doesn't know who the male was that Cody left with. She described the male that Cody left with as a muscular tha male with a shaved head, no shirt, blue jeans, and a white bandanna hanging out of his pocket. a. On 8/3/20. Sioux Falls Area Fuiitive Task Force Deputies located _a-N Bennett 7. _was brought over to the law enforcement center from the jail. I asked .about this incident-said Cody uses methamphetamine and he steals from everywhere he goes. -said he does not have any debts and he does not know of any debts that Cody or may have owed anyone. He said that Cody was supposed to put money on his books a jail once he got out but he never did. As far as he knows, Cody was going to meet with and He got a message from "about some guys taking Cody but he assumed that was lying because Cody I want to put money on his books. He said that reoehtly began using methamphetamine heavily and she doesn't understand how serious the people are who are involved in that lifestyle. 8. Minnehaha Sheriffs Otfioe Fugitive Task Force members located_ boyfriend - 'and arrested him for outstanding warrants and possession of a controlled substance. agreed to go to the law enforcement center to speak with Detectives about this incident. Detective Munkvold spoke with-. -said he and "went to - S. Cleveland Avenue to meet with Cody Schmidt. He said they planne on ge ing some money from Cody so that they could all go buy dmgs. When th arrived. a white male approached _and told her to get into his pickup with him. refused to go with the white male and she went back to his car. -told him to leave the area immediately. As they were leaving, he saw Cody get into a pickup with the unknown white male-described the unknown male as a white male with a shaved head-said he and -)egan driving toward his apartment a. W. Bennet Street in Sioux Falls. While they were driving there, _was freaking out and saying that they were being followed. He did not think they were being followed. They returned to-N. Bennet Street at approximately 9:30 PM. After they returned. Cody knocked on the door to their apartment three different times attempting to get "he apartment. etused to exit and Cody lefl the area. After Cody left, he an went to residence in Sioux Falls. 9. On 6/3/20 at approximately 11:30 PM. -- called into metro communications and said he had information about the bod that was found in Minnehaha County. Detective Christensen spoke with 'isaid he. Cody, and an unknown white male were at his apartment at S. Cleveland Avenue in roux ails. He said the unknown white male was very upset and he told Cody to get into his pickup with him. The unknown white male left in his pickup with Cody and the unknown white male returned a few hours later, The unknown white male said took care of that -- while referring to Cody. asked if Cody was the dead person found out in Minnehaha County and Detective ristensen told him that he was.'aid he was afraid that he unknown white male had killed Cody 10.0n 8/4/20 at approximately 00:01 AM, Sioux Falls Street Crimes Officers contacted - -. agreed to voluntarily come into the law enforcement center to speak with me. I spoke with about this incident -said that he is married to He said that he and .rlive with her S. Cleveland Avenue in an apartment that is light next to said he and lived with -for roximateiy 4 months, -said he went tojail for a few months and "lived in apartment. He said he got out ofjail approximately one week ago and wen apartment, He realized some of his stuff was missing anWhat they needed to move out. They moved out of - apartment and into parents' apartment. They left most of property in her room at . 11.-said that on 8/2/20 at approximatei 9:00 PM, he and -walked over to- apartment to get her property. -and were at the apartmentqered the apartment and began passing him her prop through a bedroom window. said he accused Cody of stealing some of their property and Cody took out a knife and threatened him with it.-said he calmed Cody down and they continued to get property out of the apartment. A male and female he did not know showed up at apartment. A white male with a shaved head named "Adam" showed up and told Cody 0 get into his pickup with him. Adam drives a white picku with a missing back window, Cody got into Adam's pickup truck and they left the area. said he doesn't know Adam's last name. He sald he hasn't heard from Adam or Cody since that incident. During the intenliew with-Ian: that Cody left with Adam and that Adam never forced Cody to go with him. Prlor to saying that Cody wasn't forced to leave with Adam. I never mentioned anything about Cody being forced to go with Adam. 12.5ioux Falls Street Crimes Officer Gross spoke with -- -said-iives in a camper in Canton. SD. Sioux Falls street Crimes Officer Leacraft called the Canton Police Department and he spoke with Canton PD Officer Leegaard. Canton PD Officer Leegaard told Officer Leacrefl that Adam Sorbet appeared to match the description of the Adam we were attempting to identify. 13. Minneheha County Detectives researched Adam Sorbel and discovered that he was involved in a Sioux Falls Police Department robbery case from 14. On 3/2/20 at 9742 PM. Sioux Falls Police Officer Bridget Delvin was dispatched to the Shop Cart Gas Station at 2701 E. 6th Street in Sioux Falls for a shoiliftini. Uion her arrival, she spoke with Shop Cart employees--and Anthony said a male named "Andy" came into the Shop Cart and grabbed a pack of cigarettes and three cans of beer. The male exited the store and said he would be right back with money to pay for the items-followed Andy out of the store and told him he needed to stop. Andy got into a silver Dodge pickup truck. SD license plate - -said he approached the pesson or side window of the pickup truck and Andy pointed a gun at him and told him to off. said he recognized Andy as a regular customer. He sald Audi's phone number is Officer Delvin researched the phone number and saw that it songs 0 dy Sorbel. 15.Sioux Falls Police Detective Bradley Bunkers collected video surveillance lrom the incident at the Shop Cart. I reviewed still photographs of the surveillance footage. In the photographs, Cody Schmidt appears to be the person who entered the Shop Cart and stole three beers and a pack of cigarettes. Cody exits the Shop Cart and gets into the passenger seat of a white or light silver pickup truck. The pickup truck does not appear to have a tail gate on it. A separate individual is seen driving the pickup truck but there is no clear image of him. 16. Referencing paragraph #13, I reviewed police records and saw that the phone number- -belongs to Adam Sorbel, not the previous name Andy. I saw that the license plate belongs to a silver Dodge Ram 2500 VIN number --registered to "The Crushing Kings" with an address of . 29th Street, Sioux Falls. -E. 29th Street is the listed address for . The rushing Kings appears to be a business operated by -out of his home at E. 29th Street. 17.0n 5/4/20 at approximately 10:35 AM, Sioux Falls Police Detective Scott Vandervelde went to -8, Cleveland Avenue to follow up with this case. Deteou've Vandervelde oke with apartment and Detective Vandervelde that he knows Adam. Doyle said Adam's full name is am Sorbet He said Adam drives a white pickup truck and that Adam visits - at -5. Cleveland Avenue often.- said Adam owes him $100.00 and that Adam's Wife is showed Detective Vandervelde a picture of Adam on -facebook paged Detective Vandervelde shows a picture of the pickup truck used during the incident at the Shop Cert from 8/2/20. confirmed that the pickup thick belonged to Adam due to recognizing the color an the tall gate. 18. Detective Vandervelde spoke with_ -said she knows who Adam Sorbel is and that she knows the vehicle that Adam drives. -said she was walking home from a nearby gas station on 6/2/20 sometime between 9 and 10 PM. She said she saw Adam exit the parking lot of 5. Cleveland Avenue in his pickup truck to drive north of Cleveland Avenue. She sa' 5 could not see ifthere was anyone in the passenger seat or not. Detective Vandervelde showed-the picture of the pickup truck from the Shop Can surveillance footage and she identified it as belonging to Adam. 19. Detective Vandervelde spoke witF. said he knows - Cody, -, and - He said on SIZE he saw and mm in the apartment parking lot. Approximately one hour later, he saw Adam park his white pickup truck in the handicapped parking space direme in front of apartment Adam exited the car wearing blue jeans. socks with no shoes. and no shirt. Adam yelled at Cody multiple times ordering him to get into his pickup, God at into the pickup truck with Adam and they Ian the area. Detective Vandervelde showed the picture of the pickup truck from the Shop Cart surveillance footage- iden pickup truck as belonging to Adam. 20.0n 8/4/20 at approximately 12:00 PM, Minnehahe County Fugitive Task Force Deputies located Adam's silver Dodge VIN number--at - N. Leaders Avenue in Sioux Falls. When they discovered the silver Dodge, they saw that it was attached to a white camper. 21 On 814120 at approximately 12:28 AM. Adam Sorbel's wtfe,_ called into the Minnehaha County Sheriff's Office and spoke with Detective Crayne.-said that she was told that the Sheriff's Office was looking for Adam. She said she spent the night with Adam on 8/3/20 into the momin of 8/4/20. She said they slept in their camper in front of Adam's parents' house at N. Leaders Avenue in Sioux Falls. She said the woke up this morning and Adam drove her to her parents' house in his mother's Suzuki. id Adam's mother She said owns a gray 201 0 Suzuki SX4, later identified as is having SD license plate_ VIN number _aid Adam is currently driving Gwendolyn's Suzuki. Vandervelde drove past-W. Bailey Street and he saw uzuki 84X arked outside of the residence. The Minnehaha County Fugitive as orce responded to . Bailey Street. On 8/4/20 at approximately 7:00 PM. the task force apprehended Adam Sorbet after he exited-W. Bailey Street. Adam was arrested for an outstanding warrant and he was transported to the law enforcement center--was present at -W, Bailey Street when Adam was arrested. 22.0n 8/4/20 at approximately 4:30 PM. Sioux Falls Police Deiamnent Detective Scott 23- voluntarily went to the law enforcement center to eak with Detectives about this case. Minnehaha County Detective Lammer spoke witt-. told Detective Lammer that Adam called him on 8/2/20 at around 9:30 PM and told him to head to -W. Bailey Street. He went to W. Bailey Street and he saw that Adam was at his house with Luis Rodriguez and a kid who assumes was Cody.- said that he did not know Cody- said that he knows Luis and that Luis' nickname is Pedro-said that Adam and Luis were talking about Cody needing to take a shower. said that Cody lefl Luis so that he could 0 take a shower-said that Adam at his house with until around 12:30 AM. said that Luis returned to-W. Bailey Street and picked Adam up around 12:30 AM. 24.| reviewed Police records and saw that Bailey Street. - -eppears to be in a relationship wit . _is son. 25.Minnehaha County Detective Leidhoit went to . ders Avenue in Sioux Falls and contacted Adam Sorbel's mother. said that Adam sleeps on her couch at-N. Leaders Avenue most nights, She said that Adam slept there last night She said that Adam drove his camper to Canton last Sunday night and she gave him a ride to pick the camper up last Monday, She said the camper has been at-N. Leaders Avenue since Monday, 26.After Adam's arrest on 5/4/20. called into the Sheriffs Office a second time and said that she has more information about this case-came to the law enforcement center and spoke with Detective Crayne. told Detective Crayne that last night (8/3/20) "and Adam had sex in their camper. A er having sex, Adam told her that he witnessed a mur ert Adam told her he picked "the kid" up from Amberleaf Apartments and they went to the Shop Cart at 6th Street and Cleveland A ue in Sioux Falls. obbed the gas station and they went to-- house at Bailey Street. said that Adam has a friend named Luis Rodrigues. She said Luis and- arrived at . Bailey Street and-suspected that something was missing from his house. Adam told her that Luis pulled a gun on the kid and made the kid empty his pockets. Adam told her that he took the gun from Luis. Adam said that he, Luis, and the kid got into Luis' white Trail Blazer and went tor a ride-aid they stopped on the side of the road somewhere and the kid got out, Adam said he gave the gun back to Luis and Luis shot the kid three times. Then they left the area and Luis dropped Adam off at-N. Leaders Avenue. 27.0n 8/4/20, Minneheha County Investigations Captain Phillips spoke with Adam about this case. Adam told Captain Phillips that he went to - 5. Cleveland Avenue on 8/2/20. When he arrived, he saw- Cody, and _arguing. Cody approached him and said he wanted to leave. Cody got into is pickup with him and they went to the Shop Cart. He gave Cody some money but Cody from the Shop Cart and ran back into his truck. He was upset that Cody shop Iified from the Shop Cart because he knows most of the workers there. Adam said that once they arrived at house, he called his friend Luis Rodriguez, Luis' nickname is Pedro. Luis arrived at house. Luis and Cody leit so that Cody could take a shown-arrived at his house after they left. noticed that he was missing some property from his house. Luis and Cody returned house. Luis pulled out a handgun and pointed it at Cody. Luis pulled the handgun from an inside the waist holster that he normally carries on him. Adam said that Luis told him to check to his pockets for his cell phone. Adam checked his pockets and realized that his cell phone was missing, Luis ordered Cody to empty his pockets. Cody emptied his pockets and he saw that Cody had his cell phone. Luis told Cody that they were going to take a ride. 28.Adam told Captain Phillips that he and Cody went to -house at-N.Bailey Street. 29.Adam said that he, Cody, and Luis got into Luis' Trail Blazer and they drove out into the counh'yt Luis was driving, he was in me rear driver side seat, and Cody was in the rear passenger seat. Luis had the gun while driving. Their plan was to strip Cody naked and make him walk naked back into town. Cody was apologizing for stealing. They stopped on a gravel road and Luis ordered them to get out of the car. They got out ot the car and Luis ordered Cody to go stand by a pole, Cody walked over to a nearby electrical pole with his hands on his head. As soon as Cody got near the pole, Luis shot Cody multiple times. He thinks Luis shot Cody 5 times. He did not want Cody to be killed. He only wanted to scare Cody. He was horrified that Luis shot Codyt 30.After Luis shot Cody, Luis said that people probably heard the gunshots so they needed to leave. They got back into the Trail Blazer and left the area. They did a 3-point turn and drove back toward the highway. He cannot rememberwhat roads they took to get back into Sioux Falls. Luis dropped him on art-N. Leaders Avenue. 31.Adam said Luisx Trail Blazer is white with a Marine Corps emblem in the center of the rear window. On 814/20. Minnehaha County Detective Leidholt drove past Luis' residence of W. Bluebird Place and he saw a white Trail Blazer with a Marine emblem on the rear window parked in front of the residence. 32.Mlnnehaha County Detective Stauffacher reviewed traffic surveillance camera footage from the traffic camera at 12th Street and Ellis Road. While reviewing the video. Detective Stauffacher saw a white Trail Blazer drive eastbound on 12th Street through the intersection of 12th Street and Ellis Road on 8/2/20 at approximately 11:24:28.059 PM The Trail Blazer appeared to have an emblem on the rear window. 33.0n 8/5/20 at approximately 1500 hours. The Sioux Falls Police Department and Minnehaha County SWAT Teams executed a search warrant on Blue Bird Place. Luis Rodriguez exited the residence and was taken into custody. 34.Luis was transported to the law enforcement center and interviewed Detective Munkvold. Durin Luis' intewiew, Luis said that he drove to-- house. house is located at W. Bailey Street in Sioux Falls. Luis said he and Adam suspected that Cody had stolen Adam oell phone. Luis said he pulled his gun out of a holster attached to his waistband and pointed it at Cody. He ordered Cody to get on the ground and they searched his pockets. Luis said they discovered Adam's cell phone inside of Cody's pockets. Luis said he ordered Cody to get into his car. Luis said he. Adam. and Cody got into his Trail Blazer and they drove out into the County. 35. Luis said he gave the gun to Adam while he was driving. Luis said Adam pistol whipped Cody and held the gun on Cody while they were driving. Luis said Adam gave him his gun back prior to them arriving on 484'" Avenue. Once they were on 464'" Avenue. Luis said that everyone exited the vehicle and Adam ordered Cody to go grab the barbed wire fenoe as punishment for stealing, 36.Luis said he shot Cody three times then approached Cody and shot him two more times. He said he shot Cody the last two times so that Cody wouldn't suffer. After shooting Cody, they drove back into Sioux Falls and he dropped Adam off at Adam's mother's house. 37. Luis said he kept the gun that he shot Cody with. He said he refilled the magazine with 9mm full metal jacket ammo and put the gun between the mattresses in his bedroom at-N, Blue Bird Place in Sioux Falls. A search warrant was executed at -W. Blue Bird Place, While searching -W. Blue Bird Place, Minnehaha County Detective Lammer discovered a Taurus 9mm handgun between the mattresses in Luis' bedroom. Detective Lammer examined the handgun and saw that it had a round in the chamber and a loaded magazine, The chambered round and the first four rounds in the magazine were tull metal jacket ball ammunition. The remaining rounds in the magazine where hollow-point ammunition. The hollow-point ammunition appeared to be the same type of rounds that Detective Wynia originally discovered on the scene, The handgun was collected and placed into evidence at the law enforcement center. 38.0n 8/5/20. Detective Wynia spoke with Adam. Adam said that he pistol-whipped and put the gun against Codifs ribs while Luis was driving them to 464'" Avenue. Wherefore your affiant now believes there is probable cause tor issuance of an arrest warrant charging the defendant for first degree murder. aggravated kidnapping. or whatever charges are deemed appropriate. This day of August, 2020. at Sioux Falls, Minnehaha County. South Dakota Signature otAiant Deputy Sheriff Subscribed and sworn to before me this day of August, 2020. at Sioux Falls, Minnehaha County, South Dakota. KARI GACKLE 13" 6? NOTARY PUBLIC SOUTH 4. AUG 05 2820 Minnehaha (jou?ty. SD. Clerk Circui! Court