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Magistrate Court of Glynn County CRIMINAL ARREST WARRANT THE STATE OF GEORGIA Versus Louis Angel Santiago 13-01507 GEORGIA, GLYNN COUNTY Home Address: 911 Union Street Brunswick GA 31520 DOB: 03/12/1960 Race: White Height: 5 Ft. 91n. Weight: 195 Lbs. Sex: Male Charge: Felony Aggravated Stalking (FVA) Bond: AFFIDAVIT OFFICER J STEWART /BPD personally makes oath that Louis Angel Santiago (hereinafter called the Accused) did prior to or, at 1042 hours. on the 06/06/2013 in the county aforesaid, at 918 Union Street, commit the offense of AGGRAVATED STALKING (FVA) 16-5-91 against SHERRY WEST in that said Accused did in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, good behavior bond, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. To-wit: Louis Santiago was on the front porch of 918 Union St, which is the residence of Sherry West, after being served with a "Good Behavior Order" in which he was restrained from having any contact with Sherry West, and this deponent makes this affidavit that a warrant may issue for his arrest. Sworn to and subscribed before me, This to day of tx1 - e Judge / Deputy Magistrate ' CRI MINA L ARREST WARRANT M ISf RATE COURT YNN COUNTY, GEORGIA To any Sheriff, Deputy Sheriff, Coroner, Constable, Marshal, or law enforcement officer of this State authorized to execute warrants: ORIGINAL OFFICER J STEWART / BPD personally makes oath that Louis Angel Santiago (hereinafter called the Accused) did prior to or, at 1042 hours, on the 06/06/2013 in the county aforesaid, at 918 Union Street, commit the offense of AGGRAVATED STALKING (FVA) 16-5-91 against SHERRY WEST in that said Accused did in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, good behavior bond, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. To-wit: Louis Santiago was on the front porch of 918 Union St, which is the residence of Sherry West, after being served with a "Good Behavior Order" in which he was restrained from having any contact with Sherry West, and this deponent makes this affidavit that a warrant may issue for his arrest. The Court finds from the attached affidavit and other sworn testimony that probable cause exists for the arrest of the Accused, YOU ARE THEREFORE COMMANDED to arrest the Accused, and bring him (her) dealt with as the law directs. Herein fail not. This day of 3 ori 20 before me or som er judicial officer of to be agistrat 1 gtstratc Court of Glynn County Special Instruction Affidavit / Warrant request #: 13-01507 is included herein by reference for additional pro WITNESS FOR 1 ),11ca 1st:. STATE Warrant executed on the day of , 20 at o'clock by: Arresting Officer
Transcript
Page 1: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

Magistrate Court of Glynn County

CRIMINAL ARREST WARRANT

THE STATE OF GEORGIA

Versus

Louis Angel Santiago

13-01507

GEORGIA, GLYNN COUNTY

Home Address: 911 Union Street Brunswick GA 31520 DOB: 03/12/1960 Race: White Height: 5 Ft. 91n. Weight: 195 Lbs. Sex: Male Charge: Felony Aggravated Stalking (FVA) Bond:

AFFIDAVIT

OFFICER J STEWART /BPD personally makes oath that Louis Angel Santiago (hereinafter called the Accused) did prior to or, at 1042 hours. on the 06/06/2013 in the county aforesaid, at 918 Union Street, commit the offense of AGGRAVATED STALKING (FVA) 16-5-91 against SHERRY WEST in that said Accused did in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, good behavior bond, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. To-wit: Louis Santiago was on the front porch of 918 Union St, which is the residence of Sherry West, after being served with a "Good Behavior Order" in which he was restrained from having any contact with Sherry West, and this deponent makes this affidavit that a warrant may issue for his arrest.

Sworn to and subscribed before me,

This to day of tx1-e

Judge / Deputy Magistrate '

CRI MINA L ARREST WARRANT M ISf RATE COURT

YNN COUNTY, GEORGIA

To any Sheriff, Deputy Sheriff, Coroner, Constable, Marshal, or law enforcement officer of this State authorized to execute warrants:

ORIGINAL

OFFICER J STEWART / BPD personally makes oath that Louis Angel Santiago (hereinafter called the Accused) did prior to or, at 1042 hours, on the 06/06/2013 in the county aforesaid, at 918 Union Street, commit the offense of AGGRAVATED STALKING (FVA) 16-5-91 against SHERRY WEST in that said Accused did in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, good behavior bond, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. To-wit: Louis Santiago was on the front porch of 918 Union St, which is the residence of Sherry West, after being served with a "Good Behavior Order" in which he was restrained from having any contact with Sherry West, and this deponent makes this affidavit that a warrant may issue for his arrest.

The Court finds from the attached affidavit and other sworn testimony that probable cause exists for the arrest of the Accused,

YOU ARE THEREFORE COMMANDED to arrest the Accused, and bring him (her) dealt with as the law directs. Herein fail not.

This day of 3 ori 20

before me or som er judicial officer of to be

agistrat 1 gtstratc Court of Glynn County

Special Instruction Affidavit / Warrant request #: 13-01507 is included herein by reference for additional pro

WITNESS FOR 1

),11ca 1st:.

STATE

Warrant executed on the day of , 20 at

o'clock by:

Arresting Officer

Page 2: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

IN THE SUPERIOR COURT OF GLYNN COUNTY STATE OF GEORGIA

STATE OF GEORGIA,

v.

CASE NUMBER: CR-1300180-063

r . _ 71- if?

• c, —

MQTION FOR DISCLOSURE OF FELL GB1 CRIME LAILFILES_RELAG SHERRY WEST'S GUNSHOT RESIDUE KIT AND LOWS ANGEL SANTIAGQ'S

GUNSHOT RESIDUE KIT

Now comes, De'Marquise Kareem Elkins, defendant in the above styled casr ngles'this

motion for discovery pursuant to O.C.G.A. § 17-16-1 et seq. and disclosure under Brady vN Maryland, 373 U.S. 83 (1963); the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution of the United States as well as applicable provisions of the Constitution of the State of Georgia. In support of this motion, Elkins states as follows:

1. Elkins is currently incarcerated at the Glynn County Detention Center on the charge of murdering Antonio Santiago on March 21, 2013.

2. Elkins was deprived of his right to a preliminary hearing due to the District Attorney's decision to close her office on a non-state holiday mere days before indicting the case.

3. The District Attorney's Office provided undersigned counsel with a portion of the discovery in the above styled case in May 2013,

4. These materials included a Gunshot Residue (GSR) test performed by Sarah K. Peppers (a microanalyst with the Georgia Bureau of Investigation Crime Lab) on a kit containing hand wipings of "Louis Angel Santiago," which were obtained on March 21, 2013 at the emergency room shortly after his son's death.

5. Louis Angel Santiago is the father of the murdered child in this case. 6. Louis Angel Santiago is also a convicted felon having been convicted of the offense of

Aggravated Stalking in August 2009 in the Superior Court of McIntosh County. 7. Law Enforcement listed him as a "subject" during the investigation of this case as of April 11,

2013. 8. Louis Santiago is listed as a subject along with Sherry West, De'Marquise Elkins, and a

juvenile. 9. Pepper's report demonstrates that gunshot primer residue was present on Louis Angel Santiago

shortly after the murder occurred. 10. The results of the GSR Examination on Santiago is significant as it suggests Santiago, a

convicted felon, had discharged a firearm at or about the same time that his son was shot. 11. Santiago asserted an "alibi" defense, claiming to have been at Walmart at the time of the

murder. 12. Santiago's purported "alibi" is particularly suspect given the murder occurred at 9:12A.M., but

according to law enforcement did not arrive at Wal-Mart in Brunswick until no earlier than 9:34A.M.

DE'MARQUISE KAREEM ELKINS, Defendant.

Page 3: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

13. Therefore, Santiago had ample time to murder his own son. 14. Furthermore, Brunswick Police Department Officer Angela Smith's investigative surnmary

(purportedly completed on April 24, 2013, but somehow approved three weeks earlier on April 3, 2013) notes that 'Detective Futch and Detective Garrett conducted GSR testing on Mr. Santiago and Ms. West."

15. As of June 26, 2013, Elkins has received no crime lab report has been returned with respect to the results of any test on the kit containing West's GSR materials.

16. The results of the GSR Examination on West are also significant as she also is an original subject, had a close relationship with Santiago, admits to having sole access to the child for a period oftinr prior to her child's death, and has altered her story as to the order of events on the date in question.

17. The District Attorney's office on June 27, 2013 around 2:00 P.M. served Elkins' with a copy of Sherry West's GSR results, which also confirmed the presence of GSR on Sherry West,

18. The District Attorney's office has willfully refused to comply with this Court's discovery request in a timely manner (serving undersigned counsel with 18 additional discovery disks as well as "making available" 6 additional discs for inspection at their office) via mail on Friday June 7, 2013. Additionally, more information was received around 2:30 P.M. on June 27, 2013. Thus, ensuring that the State's purported compliance would not be received until nearly one month after the time for compliance set forth in this Court's original order.

19. It appears the State continues to refuse to provide discovery despite their insistence that they were providing discovery in advance of the Court's order at the May Status Conference.

20. The State should be ordered to provide the full GBI Crime Lab file with respect to the GSR tests. Furthermore, the State should be ordered to provide statements from both officer's as to what hands were tested, the exact time of the test, the nature of the test, and which hand/hands tested positive for GSR,

WHEREFORE, Elkins requests that this Honorable Court Order the State to turn over the above requested information prior to Ekins submitting any discovery to the State.

This 27' day ofJune, 2013.

Kevin Gough Public Defender 13iwick ial Cir

J. iiirATHAN LOCKWOOD

Assistant Public Defender Georgia Bar No. 349359 Attorney for Defendant

Public Defender Office Brunswick Judicial Circuit 241 E. Walnut Street Jesup, GA 31546

Page 4: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

THE SUPERIOR COURT OF GLYNN COUNTY STATE OF GEORGIA

STATE OF GEORGIA,

v.

DE'MARQUISE KAREEM ELKINS,) Defendant.

CASE NUMBER: CR-1300180-063

CERTIFICATE OF SERVICE

COMES NOW JONATHAN LOCKWOOD, counsel for the defendant, and hereby certifies

that a copy of the foregoing document in the above-referenced criminal action has been served upon

Jackie Johnson, District Attorney for the Brunswick Judicial Circuit, 701 H Street, Box 301,

Brunswick, Georgia 31520, by:

depositing a copy in the U. S. Mail in a properly addressed envelope with

adequate postage affixed thereto to insure delivery;

via facsimile to 912-267-5360, and/or

X by hand delivery.

This 27th day June, 2013.

Kevin Gough Public Defender B wick 1Circuit

Aso& emir I ATHAN LOCKW i OD Assistant Public Defender Georgia Bar No. 349359 Attorney for Defendant

Public Defender Office Brunswick Judicial Circuit 241 E. Walnut Street Jesup, GA 31546

Page 5: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

Official Report

Division of Forensic Sciences Georgia Bureau of investlgetion Sate of Georgia

George iienin, Jr., Ph.D. •ASCUYLAB-Internationar Deputy Director *Accredited •

Requested Service: Firearms Agency: Glynn Co. Poke Department Agency Refit G01301041 Requested by: Cody Blades

Case Individuals: Subject (Juv.). Subject: De'Marquise Kamm Elidns Subject LOUIS ANGEL SANTIAGO Subject: SHERRY LYNN Wm's' Victim (AN.)•

Coastal Regional Lab DOES Cass 5: 2013-6001105 Report Date: 04/11/2013

mn 111111111111111111111111111

Evidence: On 03/26/2013, the laboratory received the following evidence from the Glynn Co. Poke Department

2013-0001105-012 Sealed package containing RG .22 Long Rifle revolver serial IlL493389 for Latent Print / Firearms analysis. The seal placed on this evidence was not Initialed. The evidence was sealed and initialed by laboratory personnel to meet accreditation standards.

Results and Conclusions: Evidence Submission: 012

Deseption of item 12 changed from *Sealed package containing RG .22 Long Rills revolver serial OL493389 for Latent Print / Firearms analysis" to " Sealed package containing RG .22 Long Rifle revolver serial K4933139 for Latent RIM / Firearms analysis. The seal placed on this evidence was not initieled. The evidence was sealed and Initialed by laboratory personnel to meet accreditation standards."

Only those Items discussed In the results above were analyzed for this report The above represents the Intsrpretations/opinione of the undersigned analyst. Evidence antlyzed In this report will be returned to the submitting agency. Biological evidence (body fluids and tissues) and fire debris extracts will be destroyed after one year. Thk report may not be reproduced except in full without written permission of the laboratory.

Technicel notes and data supporting the conclusions and findings In this report are maintained within the laboratory case monk.

This case may contain evidence that must be preserved In accordance with I/D.B.A.' 17-6-56.

iamei W. Campbell Manager, Coastal Regional Lab

.Related Agencies: Glynn Co. District Attorney GBI-Medical Examiner Coastal Child Fatality Review Board Child Abuse Natant Committee-Glynn Co.

ACM DR. DOWNS

Pcig t 02 Report Deter k111/20it Report Id: euxr:Rour.met Rev. 201242.4t

Page 6: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

Division of Forensic Sciences Georgia Bureau of Investigation

Continued 20134001105: Firearms

Brunswick Pace Department Brunswick Judicial Circuit Glym Co. Coroner

ACN: BP01301057

End of Official Report

Report Elcbc Wort JUIXTIRCOILIAN Rsr.2C 342-1t

Piec. 2 cf

Page 7: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

Official Report

Division of Forensic Sciences

Georgia Bureau of investigation State of Georgia

Headquarters DOFS Cass X: 2013-6301105 Report Date: 0412312013

George Herrin, Jr., Ph.D. Deputy Director

*ASCLI=Ir"rnthinar. 11111111111111111

NI It

Requested Sendai: Gunshot Residue Agency: Glynn Co. Police Department Agency Refit: 601301541 Requested by Cody Blades

Case Individuals: Subject: LOLlin ANGEL SANTIAGO Victim (Jm):

Evidence: On 04108/2013, the laboratory received the following evidence from the Glynn Co. Police Department via Lockbox.

2013-6001105-015

Sealed collection kit identified as containing hand wiping* of 'Louis Angel Santiago.' The seal placed on this evidence was not initialed. The evidence was sealed and initialed by laboratory personnel to meet accreditation standards.

Results and Conclusions:

CONCLUSION:

Examination of item 015 revealed a arnall quantity of gunshot primer residue (GSR). Thla supports the possibility that the in dhridual discharged a firearm, was In dose proximity k a firearm upon discharge, or came into contact with an Hem whose surface bears GSR. The examination itself cannot determine the relative likelihood of these listed drcumstances.

RESULTS:

Item 015 was examined for the presence of GSR particiee.

Examination of item 015 revealed one particle characteristic of GSR. Parities that are characteristic of GSR are single, discrete, microscopic particles, molten in morphology, that contain the elements lead, barium, and antimony. Such particles are residue from a detonated primer of a discharged firearm.

Detection of a small quantity of GSR particles on an IndtvIduars hands may result when a larger portion of the GSR initially deposited was removed from the hands prior to sampling or when the hands were exposed to a source with limited amounts of GSR available for transfer.

Examination of item 016 also revealed more than five particles associated with GSR. Particles that are associated with GSR are also single, discrete, microscopic particles, molten In morphology, but contain only two of the three elements lead, barium, and antimony. These particles are found in primer residue, but also may originate from other occupational and/or industrial sources.

METHODS OF ANALYSIS:

Item 015 was examined by scanning electron microscopy/energy dispersive x-ray apectroscoPY (SEM/EDS) and analyzed for elemental composition and particle morphology.

Pagt 4 of Repot Das: warm: Report Id: t. Rtv.2e13,42.9.

Page 8: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

Division of Forensic Sciences Georgia Bureau of Investigation

Continued 20134001105: Gunshot Residue

Only those Items discussed In the results above wane analyzed for this report. The above represents the interpretations/opinions of the undersigned analyst Evidence analyzed in this report win be returned to the submitting agency. Biological evidence (body fluids and tissues) and fins debris extracts will be destroyed after one year. This report may not be reproduced except In full without written permission of the laboratory.

Technical notes and data supporting the conclusions and findings In this report are maintained within the laboratory case records.

This ease iney contain evidence that must be preserved In accordance with 0.C.G.A.; 17446.

Sarah Poppers Microanalyst

Related Agencies:. Glynn Co. District Attorney GB1-Medical Examiner Coastal Child Fatality Review Board Child Abuse Protocol Committee-Glynn Co. Brunswick Police Department Brunswick Jo:Octal Circuk Glynn Co. Coroner

ACN; DR. DOWNS

ACN: BP01301057

End of Official Report

Report Dial 04/23/201: Rawl; Id: rdCCeL3RtDV2OU Rey. 101147-1

Puce Z of 2

Page 9: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

Official Report

Division of Forensic Sciences

Georgia Bureau of Investigation State of Georgia

George Herrin, Jr., Ph.D. *ASCLD/LAB-International' Deputy Director *Accredited •

Requested Service: Gunshot Residue Agency: Glynn Co. District Attorney Agency Ref#: Requested by: J Johnson

Case Individuals: Subject: SHERRY LYNN WFT Victim (Juv.):

Headquarters

DOFS Case #: 2013-6001105 Report Date 05/0312013

ifl 1111111

Evidence: On 0410812013, the laboratory received the following evidence from the Glynn Co. Police Department via Lockbcx,

2013-6001105-016 Sealed collection kit identified as containing hand wipings of "Sherry West." The seal placed on this evidence was not initialed. The evidence was sealed and Initialed by laboratory personnel to meet accreditation standards.

Results and Conclusions:

CONCLUSION:

Examination of item 018 revealed the presence of gunshot primer residue (GSR). This supports the possibility that the Individual discharged a firearm, was In close proximity to a firearm upon discharge, or came Into contact with an item whose surface bears GSR. The examination itself cannot determine the relative likelihood of these listed circumstances.

It should be noted that it is possible for victims of gunshot wounds, both self-inflicted and non self-laded, to have GSR present on their hands.

RESULTS:

Item 016 was examined for the presence of GSR particles.

Examination of item 016 revealed more than five particles characteristic of GSR. Particles that are characteristic of GSR are single, discrete, microscopic particles, molten in morphology, that contain the elements lead, barium, and antimony. Such particles are residue from a detonated primer of a discharged firearm.

METHODS OF ANALYSIS:

Item 016 was examined by scanning electron microscopy / energy dispersive x-ray spectroscopy (SEMIEDS) and analyzed for elemental composition and particle morphology.

Only those items discussed In the results above were analyzed for this report. The above represents the Interpretations/opinions of the undersigned analyst. Evidence analyzed In this report will be returned to the submitting agency. Biological evidence (body fluids and tissues) and fire debris extracts will be destroyed after one yew. This report may not be reproduced except In full without written permission of the laboratory.

Technical notes and data supporting the conclusions and findings In this report are maintained within the laboratory case records.

This case may contain evidence that must be preserved in accordance with 0.C.G.A. § 17.5-56.

Page 1 of 2 Report Data: 0E403/2013 Report Id: MC1NCT3RROSAH1S Rev. 2013-02-19

Page 10: Sworn to and subscribed before tx1 - Courthouse News Servicefiles.courthousenews.com/2013/08/16/Santiago_GunResidue.pdf · 2013. 8. 16. · 14. Furthermore, Brunswick Police Department

Division of Forensic Sciences Georgie Bureau of Investigation

Continued 2013-6001105: Gunshot Residue

&min K cRaffe-0) Sarah Peppers Microanalyst

Related Agencies:

Glynn Co. Police Department ACN: G01301841 GBI-Medical Examiner Coastal ACN: DR. DOWNS Child Fatality Review Board Child Abuse Protocol Committee-Glynn Co. Brunswick Police Department ACN: BP01301057 Brunswick Judicial Circuit Glynn Co. Coroner

End of Official Report

Report Data: 05/0312013 Report Id: MCWCT3RROSAHIS Rev. 2013-02-19

Page 2 of 2


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