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9-9-2012 '

l, Janice E. Loudenslager, was at my residence at 2009- CR 41__1. Kevin Brittain arrived

at my house at.or-_a.round 9;30 A.Nl. as l was getting ready fo`r church'. We' had decided
' to break up after a"2 plus year relationship and were separating He calmly:and kindly

M_”_*maskederne=rfehe~eca'd -et:£?=:is:ee!eagi~e-gs=(.!;lx;~_eletbes;:b,ib!e§;shoes.ectt)slasked`him_to

hurry and he began to raise his voice at me. When he walked outside with some of his -
belongings, l closed and locked the door behind him. He stayed outside for about
another five minutes, then he left in the direction of his »parent’s`house, who ' live just _
down the road from my house. l left and attended church. At-approximately G:OOP.l\/l.,
Kevin came back to my house, unaware that my two daughters Alyssa Loudenslager
and Adysson Loudenslager were at home with me. l was standing in my kitchen when
he`_knocked .on my front door. l walked into the living room where Alyssa was sitting in
the living\room floor cutting out pictures for'her science project l opened the front door
and Kevin asked to get the remainder of his things, l let him in. l didn’t want to have any
altercations with Kevin with my daughters there, as we have both agreed to keep our
differences away from the girls. l could tell Kevin'wa_s emotionally upset. As he got his

___things_, we were both crying and emotional. Adysson, walked up to Kevin and asked

‘Where is Kolten?” (Kevin’s son) “He is with my parents and l just"have some things l

need to get.” He walked into the kitchen and asked me -for a trash bag out of the utility
room to put"his clothes in. l said-“yes” and that l would help him. l waited for him to get a
bag. Kevin’s class ring and a pocket knife were laying on my bar. l handed them both to
him and he put them both in his shorts pocket. The longer he was there the more '
emotional we all became. Kevin walked into our bedroom and opened the chest of ,_
drawers where he kept his clothes and began to get them out and putting them into the
bag.v l_-le walked back into the living room and sat down the bag still looking for all his '
belongings l asked him to hurry and that seemed to frustrate him. l could tell he was
hurt, l was hurt. The girls were watching and crying.’ We had been a family for over t_wo
years. lt Was hard to do, especially for my girls. l asked Alyssa to call her da'd (Bryan
Loudenslager) with the sole intention to have him come over and pick up them and and
take them home with him, in order to let Kevin and l talk through things without my girls
being_ present Alyssa did as | a’sked. Kevin overheard this and got very upset, not
knowing my intentions, l suppose. Kevin has never liked the character of Bryan and
always tolerated him for the girls. He began to raise his voice at me wanting to know
what l was thinking by calling someone like Bryan at a time like this. Kevin began
looking around his room for his things. He lifted the couch looking for the ipad he bought
me as_ a gift, because l sometimes slide it under the couch. Things seemed to become
more and more tense, so l again asked Alyssa to call her daddy and make sure he was-
coming. She did as l asked her. About ten minutes later Bryan and Brenda, his wife,
arrived. At this point everyone was upset. Brenda came into the house to get the girls v
and Bryan stood at the door. Kevin and Bryan walked into the front yard and began

greer §
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talking as l, Brenda, and my two daughters stayed inside. Kevin and Bryan calmly
spoke in the front yard for about five to seven minutes when the police car camej
barreling into my driveway. l was instantly aggravated, because l knew that Bryan and
Brenda must_have called them and that is something l did not want to happen. lt was
uncalled for. l was completely unaware that the officers were calle`d. The officer asked
me if we were ok and l said “yes, we are all just flne.” He walked over to Bryan and
Kevin. They were still having a calm conversation l saw the Officer put his hand over
his pistol and also, l think on his pepper spray. Kevin obviously saw too, and started
backing away from'the officer slowly into the yard. l could see Kevin’s’ face was
nervous. Kevin stepped at least eighteen to twenty feet from the Officer while the Officer
stood still. Then the Officer pulled and pointed his pistol at Kevin and began to yell for
Kevin to get on the ground. Kevin said “You haven’t even told me what l’ve done.

Please put the pistol away!” Kevin had his hands in the air and l was terrified that the
Officer was going to shoot Kevin, Kevin was terrified too. Kevin pleaded with the Officer
to put the gun away and that he was unarmed. The Officer asked for any weapons, l
Kevin responded “No, but l do have a pocket knife you would consider a weapon.” Then
said “lf l get it out l arn afraid you will shoot me” the officer screamed for Kevin to get the
knife out and throw it. Kevin complied and asked the officer not to shoot. Kevin pulled
the knife out of his right bottom pocket of his shorts, the same one l had given him
moments before in the kitchen.' Bryan began to scream “He’s got a knife” and “he’s
going to shoot him, get inside the house.” That made everyone very nervous. Bryan was
standing probably five to eight feet from the Officer.`The Officer told Kevin he was about `
to_sh.o_ot him and Kevin threw the knife away so hard it bounced off the house to the
right of Kevin. Kevin didn’t charge or lunge at_anyone with'the knife. He was scared and
threw_it instantly. l could tell Kevin was -terrifled. l was terrified. lt was horrible to see him
this way. Kevin raised his hands§ palms up opened and slowly walked towards the
Officer. When Kevin was eight to ten feet away from the officer Bryan grabbed Kevin by
the arm andthe Officer holstered his gun_and “bul|dogged”. Kevin so hard. Kevin slid '
three to five feet on his back across the yard. Bryan jumped on Kevin and tried twisting
-his\arm behind him. The officer was lying`on Kevin as well. Never did the Officer ask for
Bryan’s help. The second Officer arrived and Bryan started yelling “Taze him, taze
him!” and they did over and over and over again. Then Bryan jumped in and started
trying to twist Kevin’s arm behind him again when he was flat on his back. During that
time the second Officer arrived and ran up'to them. He hand cuffed Kevinv and started
Tazing and shocking him over and over again. Kevin’s body was locking up. They pulled
Kevin up by the handcuffs and tazed him more. Kevin could hardly walk. Kevin has
never even acted like would do any harm to me or the girls, and he did not deserve this
at -all. Kevin has never been anything b`ut a very loving father figure and is my very best
friend, who l love dearly. The police should have never been called and'l strongly
believe that the calls ma'de`against Kevin by Bryan / Brenda were unnecessary and very

_/ _ '€)<H¢_as>*)/"B"_. “
pjf‘;‘$i§z

likely fabricated Bryan has always tried to destroy and come between every
relationship l’ve had since our divorce. He knew that he could cause@ big problem by
calling the police, and did just that Till this day l love Kevin Brittain and trust him -
completely at my home and to be in company of my daughters with or without my
presence. He loves us and we love him deeply. l believe Bryan called the Officer and

 

 

made false statements that Kevm had' gone crazy" ano“was_vanoanzingtnyhonie“rw
wonder the Officers approached Kevin with such force when they arrived. l never saw
Bryan or Brenda make a call, so they had to have made the false calls before arriving,
as if there was anything to report Besides, this' is my home and Kevin had committed
no crime. | just didn’ t want my girls there while he was getting his things. lt was too hard
on all of us l or my daughters have ever been victimalized by Kevin. He loves us, and
we love him dearly. Furthermore, l will not pursue charges on any innocent man. Bryan
and Brenda are no longer welcome on my property since this happened. Kevin is
allowed and always will be. Kevin could’ ve been killed just so Bryan could do what he
does best, cause drama. Also my girls think more of Kevin as a father than Bryan

anyday.

 

 

 

;‘€'v"»'_zj;' GARY marin
' '(“'= -Notary Public Stare of `l’exas
.' § le Comrnission Expires

a """" october 02 2015

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gx HFBHH 311 v
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~INVESTIGATION REPORT » ` § . ` ~'

CLIENT KEVIN BRITHAN //\lv€$) Fé/)v?>/&

-t:. é/M>/WTTN ». 

' DATE:12/3/12

 

 

AFTER RE_VIEWING ALL ORIGINAL STATEMENTS,V[EWING THE l t
VIDEO AND [NTERVIEWING PERSONS WITH FI_RST HAND; -
KNOWLEDGE OF THE BRIEF THV[E PERIOD OF THE ALLEGED
ASSAULT OF A PEACE OFFICER, PARTIN CAN:ON;LY FIND ONE
I\/IENTION OF A LUNGE OR ANY MOTION TOWARDS DEPUTY
MOLANDERS IN ALL THE [NFORMATION GATHERED. TH_IS WAS
:rt-=TWO SENTENCES IN THE PROBABLE CAUSE AFFIDAVIT t
_PREPARED BY DEPUTY MCDONALD,WHO WAS NOT PRESENT IN _
THE TIME PERIOD THE ACT IS ALLEGED.. MCDONALD STATED
“DEPUTY MOLANDERS ORDERED_ THE DEFENDANT TO DROP
THE KNIFE’ ‘TI~[E DEFENDANT OPENED THE KNIFE AND LUNGED

. TOWARDS DEPUTY MOLANDERS” “THE DEFENDANT THEN

THREW THE KNIFE INTO THE FLOWER¢BED..IN.ERQN§I~`;.E,TI¢IE
l.R]E`.SIDEI\I_CE.”. NO OT~HER PERS.`ON SUBMITTING A STATEMENT
MADE MENTION OF. A LUNGING TOWARDS TI-IE<DEPUT.Y
MOLANDERS. ONE PORTION OF THE CASE REPORT AS
SUBMITTED BY 'MCD_ONALD REFERS TO BRITTIAN LUNGING
AND THRO_WING AWAY THE KNIFE. IT APPEARS THAT KEVIN
BRITTIAN WAS ATTEMPTH\IG TO KEEP THE DISTANCE BETWEEN
H[MSELF AND DEPUTY MOLANDERS GREAT ENOUGH THAT
MOLANDERS COULD NOT PEPPER SPRAY OR TAZE HIM. PARTIN
NOTED NO ACTION CF DEPUTY MOLANDERS TO RETREAT BACK
FROM A' LUNGEWITH"A“KNTFE`TI-IE ACTION NOTED ON THE
VIDEO WAS MOLANDERS_`_REHOLSTERING HIS DUTY FIREARM
AND THEN ADVANCING RAPID`LYIN THE»`D]§RECTION"BRIT'I'IAN
IS LOCATED AT THIS THVLE. THE EX-HU_SBAND OF JANICE
LOUDENSLAGER GRABBED THE LEFT ARM OF KEVIN BRITTIAN -
AFTER BRITTIAN THROWS AWAY THE KNIFE AND HELD

_ BRITTlAN IN A FIXED POSITION UNTIL DEPUTY MOLANDERS
COULD RUN TO THE SPOT BRITTIAN AND LAGENSLAGER WERE
STRUGGLING AND JUIV[P ON BRITTIAN IN AN ATTEI\/IPT TO
“TAKE BRI'I'I`IAN TO THE GROUND”. THE ATTEMPT OF
MOLANDERS TO TAKE D.OWN BRITTIAN WAS SLIGHTLY '

g)<`/l¢lsf?'{v`(l“ n 9149
three l ¢f{¢“j ` "

MISCALCULATED AND MOLANDERS FELL TO THE GROUND
LANDING ON HIS SHOULDER, THEREBY INJURING HIMSEL_F.

IN THE REPOR-T, MCDONALD WRITES “DEPUTY MOLANDERS
ORDERED KEVIN TO DROP THE KNIFE AS KEVIN WAS BACKING

 

 

"‘Jv`v n-FPR%IV*%E?H"1’:NIOEHNVERS"K”EV"NTHEN1`UNGED_KT
DEPUTY MOLANDERS AND TOSSED THE KNIFE INTO THE
FLOWER BED. ” IT APPEARS TI-LAT BRITTIAN CONTINUED TO
MOVE AWAY FROM MOLANDERS DURING THE E_NTIRE ACTION
UNTIL BRITTIAN WAS GRABBED BY BRYAN LAGENSLAGER. IT
SEEMS LAGENSLAGER MADE THE INITIAL ASSAUL_T ON
BRITTIAN, HOLDING HIM UNTIL MOLANDERS COULD CATCH UP
WITH BRITTIAN AND ATTEMPT TO TAKE HIM TO THE GROUND.
MBY WI"ENESS STATEMENTS AND OFFICERS STATEMENTS, KEVIN
BRI'[TIAN NEVER ATTEMPTED PHYSICAL CONTACT WITH
DEPUTY MOLANDERS, BUT CONTINUED TO KEEP A DISTANCE
SAFE FROM THE PEPER SPRAY OR`TAZER OF MOLANDERS.
`,..PARTIN BELIEVES BRITTIAN DID NOT LUNGE AT MOLANDERS
AT ALL, BUT CONTINUED MOVING OUT OF RANGE UF THE
PEPER SPRAY. BRITTIAN DID THROW THE KNIFE AWAY FROM
I~HS POSSESSION IN A RAPID MANNER IN THE FEW SECONDS THE
ENTIRE INC[DENT LASTED. TWO WITNESSES STATE THAT
BRITTIAN BEGAN TO WALK TOWARD MOLANDERS WITH HIS
HAND EXTENDED PALMS UP TO SURRENDER WHEN BRYAN
LOUDENSLAGER GRABBED BRITTIAN’S ARM AND BEGAN TO
STRUGGLE WITH BRITTIAN. THE ENTIRE INCIDENT LASTED
VERY FEW SECONDS.

THE QRIGINAL REPORT HAS..MANY FALSEHOGDS._..WRITTEN INTO_
THE B.ODY OF THE REPORT. THE SHERIFF’S DEPARTMENT
V]DEO, EVEN THOUGH D.OE'S"NOT"SHOW`100`“PER CENT, OF THE
]NCIDENT DOES DISPLAY ENOUGH TO SHOW THE FALSEHOOD.
ENTERED BY THE SUBMITTING'DEPUTY.

AS FOR THE KNIFE SAID TO HAVE BEEN USED TO LUNGE AT
DEPUTY MOLANDERS, MOLAND.ERS HAD»ASKED BRITTIAN IF HE
-D'f". WEAPONS AND BRITTIAN HAD VOLUNTEERED THAT
HE HAD A KNIFE. MOLANDERS TOLD BRITTIAN TO TAKE OUT
THE KNIFE AND THROW I'I` AWAY WHICH BRITTIAN DID. WHEN
BRITI`IAN PULLED THE KNIFE OUT OF HIS PANTS POCKET,

@<HF/sfr ('C ll
@\Hr$t’

     

'0150
2

BRYAN LOUDENSLAGER STARTED YELLING REPEATEDLY. “HE’S
v GOT A KNIFE”! “HE’S GOT A KNIFE”! OTHER WORDS W~ERE SAID
BY LOUDENSLAGER SUCH AS “GET DOWN, HE’S GONNA SHOOT `
’ HIM”! BRITTIAN‘THREW TI-E[E KNIFE ASEAR AWAY`FROM .
HIMSELF AS HE COULD AND ASKED DEPUTY MOLANDERS ‘

 

 

”_mmm`@, PLEKSE
DON’T SHOOT~ ME! ABOUT THIS TIME,_BRYAN LOUDENSLAGER
GRABS BRITTIAN BY THE LEFT ARM AND HOLDS BRITTIAN
UNTIL DEPUTY MOLANDERS CAN ADVANCE AND IUMP ON
BRITTIAN AFTER HAVING REHOLSTERED HIS DUTY FIREARM.
MOLANDERS ENDS UP TANGLED UP WITH BRITTIAN_ AND
LOUDENSLAGER ON THE GROUND. MOLANDERS FALLS ON THE
GR"OUND AND HURTS HIS SHOULDER. LOUDENSLAGER
ATTEMPTS TO GET BRITTIAN’S ARMS BEHIND HIS BACK TO
CUFF BRITTIAN, BUT THE INJURED DEPUTY IS LAYING ON
BRITTIAN IN SUCH A MANNER THAT HOLDS BRITTIAN’S ARMS
IN A FIXED POSITION. ABOUT THIS" TIME, DEPUTY MCDONALD

ARRIVES ON THE SCENE AND IS TOLD BY BRYAN v
LOUDENSLAGER “TAZE HIM”! TAZE HIM”! MCDONAI:D TAZES
BRITTIAN~SEVERAL TIMES~ AND THE BOD[ES BECOME
» UNTANGLED. BRI"[TIAN IS SUBDUED AND PLACED IN THE

PATROL UNIT OF MCDONALD.

PARTIN BELIEVES THAT BRYAN LOUDENSLAGER RECEIVES A
TELEPHONE CALL FROM ALYSSA LOUDENSLAGER TO COME
GET THE ‘TWO GIRLS WHILE JANICE LOUDENSLAGER AND
KEVIN BRITTIAN TRY TO WORK OUT THEIR PERSONAL
PROBLEMS WITHOUT THE TWO YOUNG GIRLS BEING PRESENT.
BRYAN LOUDENSLAGER CALLS 911 AND ADDS TO THE STORY
ENOUGH TO CAUSE DISPATCH TO BELIEVE TI-IERE IS A
DISTURBANCE IN PROGRESS AT 2009 CR 411 EVEN THOUGH HE
IS NOT PRESENT AT THIS LOCATION. WHEN BRYAN
LOUDENSLAGER RECElVES A SECOND CALL FROM ALYSSA TO
CHECK TO SEE IF HE DID GET STARTED TO THE HOUSE, HE
TAKES WHAT INFORMATION ALYS SA GIVES HIM AND ADDS TO
THAT STORY WHEN HE CALLS BACK TO 911. THE INFORMATION
NOW GIVEN TO DISPATCH IS THAT KEVIN BRITTIAN HAS GONE
CRAZY AND IS VANDALIZING THE HOUSE AND DISPATCH
PAS SES THAT INFORMATION ON TO THE YOUNG

'~»V INEXPERIENCED PATROL DEPUTIES. BY THIS TlME THE

ngLFB#/@ ii N 03151
93 317¢7

P_ROBLEM IS TOTALLY BLOWN OUT OF PROPORTION? FROM

V LISTENING TO THE RADIO 'TRAFFIC ON THE VIDEO, RARTIN_CAN
HEAR THE CALL SOUNDING VERY SERIOUS. WHEN MOLANDERS
PULLS UP T® THE SCENE, KEVIN BRITTIAN AND BRYAN 1 ._ .
LOUDENSLAGER ARE STANDING ON THE S]DEWALK BY

 

 

m~_-~iimt fibni:vES*EK_VH\“'JG"VVEA;FH”PPEBBJTO“BE‘A 1

CONVERSATION. MOLANDERS STOPS A SHORT DISTANCE FROM g
THE TWO MEN AND THEN WALKS UP DIRECTLY BETWEEN THE
TWO MEN HE MOST LIKELY DOES NO'I` KNOW. H_E N_EXT HAS A
WORD OR TWO WITH A FEMALE BELIEVED TO BE JANICE
LOUDENSLAGER. MOLANDERS THEN ATTEMP'_I"S TO APPROACH
THE TWO MEN AND KEVIN BRITTIAN BEGINS TO MOVE AWAY
FRGM MOLANDERS. THERE IS NO SOUND ON THE VIDEO. ALL OF
_A SUDBEN THINGS GET CRAZY AND BRITTIAN KEEPS MOVING . ~
AWAY FROM MOLANDERS. MOLANDERS CAN BE_ SEEN_
DRAWING HIS DUTY FlREARM AND___THEN A VERY SHORT TIME
LATER REHOLSTERING THE WEAPON. THIS ACTION CAUSES

,J. -PARTIN TO BELIEVE BRI'ITIAN HAS DISCARDED THE KNIFE AS
ORDERED BY MOLANDERS. MOLANDERS ARRIVED"AT THE

~' LOCATIQN AT 1829 HOURS. AFTER SHORT VERBAL CONTACTS

’~-' WITH A"1` LEAST TI-[REE PERSONS AT 1829: 5 6 MOLANDERS
` DRAWS HIS FIREARM (APPEARS TO BE GIVING VERBA_L

COM]\/IANDS) THEN REHOLSTERS HIS WEAPON AT 1830:17 (A
SIGN THAT BRITTIAN HAS DISCARDED THE KNIFE, FGLLOWING
MOLANDERS’ ORDERS). MOLANDERS HAS HIS WEAPON OUT OF
THE HOLSTER FOR TWENTY ONE SECONDS ONLY.TWENTY ONE
SECONDS SEEMS TO BE A PRETTY FAST RESPONSE TIME TO GET
RID OF A WEAPON.

,” 0152
p;i/ 11¢67

1838: 59 (CONVERSATION BETWEEEN OFFICERS ANDBURL
EVANS) “HE’ S GOING TG JAIL, AGGRAVATED ASSAULI ON _
PEACE OFFICER WITH A KNIFE AND BURGLARY HABITATION”

1839: 35 CONVERSATION BETWEEN OFFICERS? “WE’ VE GOT BOH

 

Au\n\A“v?Fn ED A§“` o“AUi.Tl 61\1' rbA\:n‘i)ri*i C}:',R":" 1“\16£)66‘!‘§1\1“1
INIURED BU ”

1843 146 MCDONALD LEAVES SCENE TO TRANSPO_11T B111'1`TIAN
TO JAIL.

AT- NO PLACE IN THE V[DEO TAKEN BY MOLAN1)E118_’ UNIT
.CGULD ANY INDICATION OF A “LUNGE” BE SEEN `AS `
MOLANDERS SAID KEVIN BRITTIAN D[D WITH THE KNIFE.
DURING THE TIME MOLANDERS ADVISED BRITTIAN LUNGED
WITH THE KNIFE, MOLANDERS WAS INTHE.PRUCESS OF
PUTTING HIS SIDEARM BACK IN THE DUTY HOLSTER. IP A -
-. __ LUNGE WITH A KNIFE HAD OCCURRED AT ANY TIME DURING
AN ARREST, IT IS UNREASONABLE THAT AN OFFICER COULD
REHOLSTER HIS WEAPON AND PROCEED TO TAKE A SUSPECT
TO THE GROUND BY JUMPING PHYSICALLY ON THE SUSPECT.

NO MIRANDA WARN]NG N__OTED MCDONALD ASKED
QUESTIONS DURING TRANSPORT

cHARGESACTUALLLYFu£D

cRMNAL TRESPASS “A’.’

RESISTING ARREST oR F1‘121_41\131>01& “A”

AGGRAVATED ASSAULT oF PUBLIC sERVANT “F1”

THE PLAYERS IN Ttlrsthn)EN'r ARE IDENTIFIED AS FoLLoWs=
KEVIN LEE BRITTIAN, WM, 7/1/75 ALLEGED AcToR

JANICE EDWINDA EMERSON LOUDENLAGER, WF, 1 1/22/ 72
ALLEGED VICTIM

é°("%; ?5§7

0162

ALYSSA ERIN LOUDENLAGER, WF,1/18/99DAUGHTER OF
BRYAN AND JANICE LOUDERLAGER _ _ ss

ADYSSON L'©_UDENLAGER, WF, 6/22/07, DAUGHTER OF JANICE
AND DRYAN LOUDENLAGER ~

 

KOLTEN BRITTIAN, WM, 2/1/10, SON OF KEVIN BRITTIAN AND
H_OLLY SCOGGINS

HOLLY SCOGGINS, WF, EX-GIRLFRIEND OF KEVIN LEE BRITTIAN
AND MOTHER OF KOLTEN BRITTIAN, PRIMAKY CQUSTODIAN OF
KOLTEN BRITT.[AN HOLLY SCOGGINS CONTACTED PARTIN BY
TELEPHONE AND WANTED TO TELL PARTIN OF THE PLANS SHE

v AND BRYAN LOUDENLAGER DISCUSSED TO USE KEVIN
BRITTlAN AS A REASON TO GET CUSTODY OF ALYSSA
LOUDENLAGER AND ADDYSON LQUDENLAGER FROM JANICE
'LOUDENLAGER. SI-IE SAID THAT BRYAN LOUDENLAGER

-- WANTED THE PORTRAY KEVIN BRITTIAN AS A BAD PERSON

THAT IS HAVING A BAD EFFECT ON THE TWO YOUNG GIRLS.
SHE ALL,OWED THAT SHE WOULD TESTIFY TO THOSE

DISCUS SIONS BETWEEN HERELF AND BRYAN LOUDENLAGER.
SHE TOLD PARTIN THAT KEVIN HAD BEEN CLEAN AND SOBER
SINCE THE BIRTH OF HIS SON, KOLTON.

OTHER WITNESSES MAY BE DISC()VERED THAT WOULD AID IN
THE DEFENSE OF BRITTIAN.

DEPUT[ES INVOLVED IN INCIDENT:

DEPUTY STEVEN MOLANDERS, NEW HIRE WITH ALMOST NO
EXPERIENCE ON THE STREET. FORl\/[ER OCCUP_ATION WAS THAT
OF A “RAPPER”, TRAVELING WITH AND DOING “H[P HOP”
SHOWS WITH BLACK ENTERTAINERS. STEVEN MOLANDERS IS
THE NEPHEW OF DEPUTY KENNETH KING ON NCSO. - l
MOLANDERS APPEARS TO PARTIN TO BE PRETTY IMMUTURE
AND TOO INEXPERIENCED TO WORK ALONE ON THE STREETS.
DURING THIS INCIDENT, MOLANDERS USED VERY POOR
TACTICS IN CONTROLING THE SCENE. H[S INJURY WAS MOST
LIKELY DUE TO IHS ATTEMPT-T~O JUMP ON BRITTAIN AND TAKE
HIM DOWN TO THE GROUND. MOLANDERS WAS SAID BY AT

ever a 0163

'@,w£@ 9

LEAST TWO PERSONS TO HAVE LANDED ON HIS RIG11T
~ SHOULDER AS HE FELL ON TOP OF BRITTIAN. \N
DEPUTY AUS.I§IN MCDONALD, MAY 11AVE A YEAR ON 'I`HE
STREETS WITH NCSO. HE WAS A RE_SERVE FOR A WHILE AND

 

~6~6~°6'~6~666:666661613`1611366"`116wu111§111) 1N 111611 1311:61\71`CDON'A`LD 01 111N RODE
WITH SEVERAL OFFICERS WHILE HE WAS A RESERVE. HE IS
MOST LIKELY A BETTER DEPUTY THAN MOLANDERS_.
MCDONALD COMES FROM A TROUBLED HOME IN GARRISON
WITH PARENTS DEEPLY INVOLVED IN SUBSTAN_CE ABUSE. HE IS
A PERSON WELL KNOWN TO PARTIN. AUSTIN MCDONALD WAS
RAISED BY HIS PATERNAL GRANDPARENTS WHO WERE GOOD
CHRISTIAN PEOPLE.

DEPUTY 525 WHO WAS THE LAST DEPUTY TO RESPOND 10 THIS
LOCATIC)N IS A PERSC)N UNKNC)WN B_Y PARTIN. HIS ACTIONS ON
THE VIDEOS CAUSE PARTIN TO BELIEVE 1113 IS AN EXPERIENCED
_ _ STREET OFFICER
THE DISPATCHER WORKING THIS EVENT IS SAID TO BE COLTON
1 MURRAY WHO IS CURRENTLY WORKING NIGHTS AT THE NCSO
LEC JAIL AFTER PARTIN LEARNS MORE ABOUT THE PHGNE
CALLS BETWEEN ALYS SA LGUDENLAGER AND BRYAN
LOUDENLAGER, PARTIN WILL ATTEMPT TO INTERVIEW
MURRAY

\/ v éXHFBJ’/I/”c 016
93.6¢1§7 w 10 14

   
  
 

4.`:`. - /
` .'.~`}1' _
Warr:_l__nt|ess Arrest Probz)ble Cause Aff'lcluvit'

NACOGDOCHES 1 COUNTY_ SHER|FE'S lOFFICE

l ll l ~ t ll ~Ki.l-l-m. . b .

 

Stale of 'l`exas Cause #:

 

Counly of Nacogdoches Case k':

\/ °’-j`%' it Mép‘/\¢.IL _0r1thACOGD0c1-ttscoum'\'srln

 

lFF'S OFFlCE under oath

The undersigned, R
sta\es that there existed probable cause for the arrest without warrant ofthe person named belle w based upon the l`ollowing:
uan oram»srt-c: KEVrN L. 13111'1"131.\' " oou‘=* 07/01 75
Dale ol' arrest 09/09/|2 Time: \9:09:01
\ |’l:tce of nrrcs|:

2009 CR =ill

The above-named person is currently being detained on lhc following eltarges:

§t;\lttte §§pdr.

 

Offcnse D:ttefl'ime
.AGG ASSAULT /\G/\lNST PUBLIC SER 09/09/12 19:\2:03 22.02 (l))(2`)(B’)
‘ Z.CRlMlN/\L 'l`RESPASS l~lABlT/SUPERl-` 09/09/|2 l9:13'.33 30.05 (a)(l)(?.l)
\ 3.RESlST ARREST SEARCH OR TRANSP 09/09/ |2 19:20118 38.03(3)

 
  
 
  
  
  
  
 

'I`be undersigned believes \hz\t probable cause existed for this warrantless arrest and the continue

above-named person based upon the ihllowing information which was either known by the und

obtained by the undersigned in his/her capacity as a peace officer

s were dispatched to the 2000 t

on 09/09/12 at approx 1815 hours deputie
ival deputy molanders §

reference to a disturbance in progress. Upon arr
female subject yelling at each other on porch. Deputy molanders ordere
step away from the porch and speak with deputy molanders.q&he defendant
in his poeket. eputy molanders drew his duty weapon and ordered the de
hands out of his pockets, when the de
ordered the defenant to drop the knife. The defendant opened the knif
deputy molanders. The defendant then threw the knife into the flower be
residence- Deputy molanders took the defendant to the.ground in attempt
mcdonald arrived and observed the defendant resisting and pulling away
on the ground. deputy mcdonald drive stunned the defendant with his du
have the defendant comply. deputy molanders was hospitalized due to in
during the incident; deputy mcdonald spoke with th. victim of the distu
the defendant entered her residence to get his things but refused to l
yelling and7vandalized the inside of the residence.

'l`lte undersigned requcsls the magistrate 10 whom this statement
cause existed for the above-chcribed;warrantlcss arresl, authorizing t

the stated charges, and setting appropriate bail. il` any. _» '
. _// ._

_ Of`l`tecr

“;jz%»z§%t /\1'

W le wjr/deegan Q<sz/@//W , n
ARM

WW

 

he continued detention ol`

il

fendant pulled a knife from his poe

is presented lo execu'lc an order

_(L Bui| Amt
Fl

MA

MA

d detention of the

ersigncd personally or was

lk of cr 411 in ,
53 observed male and
d the defendant to
refused and reached
fendant to keep his
ket. deputy molanders
and lunged towards

d in front of the

to arrest him. deputy
from deputy molanders
ty taser in attempt to
juries he suffered
chance who stated that
eave. The defenant was

determining tlta\ probable
the above-named person on

O`Y)M/'l¢:/C(

J']/
6)(/£?5;7'"2>'
V@.I 1,{ l" `

01(4!(9|2

 

CAUSE NO. F1219562-A

 

tx PARTE; § lN THE 145TH JuolcrAL ~’»‘.-'r._; .

 

~ § DlsTRlcT couRr or ‘ -“-.~“'i
KEle LEE BRlTrAtN "

§ NACOG DGCH ES COUNTY

ORDER DENY|NG APPLICAT|ON FOR WRlT OF HABEAS CORPUS
WlTH F|ND|NGS OF FACT AND CONCLUSlONS OF LAW

On this the 10th day of February, 2015 came on to be considered Re|ator’s application

_ for Writ- of Habeas Corpus filed on February 3, 2015. The Court has carefully considered the
Relator’s App|ication for Writ of Habeas Corpus, the attached exhibits, the sworn pleadings, the
_Counsel's personal recollection, and finds that the App|ication is unfounded in fact and/or law
and should be denied. Therefore, the relief sought in the App|ication is hereby DENIED. The

findings of fact and conclusions of are set forth below

F|ND|NGS OF FACT AND CONCLUS|ONS OF LAW
F|ND|NGS OF FACT

1. The App|ican_t is a repeat offender who was placed on probation for Aggravated
Kidnapping back in 2000 and later revoked in 2004. He received a live year sentence for
his case when his probation was revoked. ln Ground Two of his application, the
App|icant claims that l, the trial judge, recused myself in that matter. After reviewing the
papers in that prior case it is clear that l never recused myself.

2. ln Gr'ound One the Applicant complains that his trial attorney was ineffective by telling
him that he could not get a fair trial, and that he would receive a 99 year sentence or a

A€><H-Is;v’“<§l'
low l §§

life sentence if he did not take the five year sentence that the State was offering. The
App|icant also claims that he did not have time to look for another lawyer because his
attorney used up all of his available time on the case. His trial counsel, Tim James is
Board Certified in criminal law. Based on the affidavit of Mr. James (attached as Exhibit

~--*~'»-_---~_-#»l-)ilh€--COL'fl:f:!.n.d»$>*-h:at:-'.‘.!!.£»..~James;ae.‘.'.er:sa:d:t-hat~tbes¢_t»pp!i.;-a;;:_£@ei:_‘.~s_<;@g€g;-_;§a§;-:.*_.;;;ai

nor that he would receive a sentence of 99 years or life in prison. Based on the affidavit
of Mr. James, the Court finds that the App|icant was given several months to consider
the 5 year plea bargain and that he was advised by Mr. lames to talk to other attorneys
about his case.

3. _ln Ground Two, the App|icant claims that his father is an_ investigator for the
Nacogdoches District Attorney's Office. The court finds that his father is an investigator
" for the Nacogdoches County Attorney's Office. Therefore, the claim regarding his
_ _ _, father’s employment i_s false. The Applicant goes on to claim that his father had

¢QL / detained both the District Attorney and me during a disturbance. This is absolutely false.

' There has never been any disturbance involving me and the District Attorney. The

\ App|icant claims that his attorney knew all of this and said that he would file a motion to

A`\\ have the case transferred to another court; however he failed to do this. Based on the
attorney's affidavit, the Court finds that this claim is false.

v Furthermore, the applicant's father did detain me once but it had nothing to do with the

»' District Attorney. Here are the details of that temporary detention. |n either-1978 or

1979 a group of fifteen to twenty teenage boys, including myself, gathered after a Key

\ Club meeting to watch two other boys race their cars on the Loop in Nacogdoches. After

5’ the two boys raced by, Officer Brittain (the App|icant's father, then an officer for the

’ ' Nacogdoches Police Department) drove up beside the group and detained all of us. We

Q\j /'/ were instructed to drive to the police station. We did as we were to|d. At the police

`;\> l' station, two of us asked to see a copy of the law that they were holding us under. They

\:J ' indicated that they were holding us for ”participating” in an illegal street race. We

-` pointed out that we were merely observing and not participating. The officers agreed
and let us go. Ever since then the App|icant's father and | have often joked that he is the
_ only person to arrest this District ludge. investigator Brittain and l have a good
relationship and kid each other on a regular basis. There are no hard feelings by me that
would prevent this App|icant from receiving a fair trial in my court.

./ 4. ln Ground Three, the App|icant complains that his counsel failed to appeal the fact that l
denied a motion to suppress. The counsel could not appeal because part of the 5 year
plea bargain offer was that the App|icant would not appeal the denial of his motion to
suppress. (See the App|icant's Certification regarding appeal marked as Exhibit 2.) The
App|icant's attorney asked me at some point to make Findings of Fact and Conc|usions
of Law regarding the motion to suppress. l did so and they are marked as Exhibit Three.

 

5. The App|icant complains in Ground Four that his attorney told him that he could not win
his case due to the facts of his prior felony conviction, that the jury would be older
Repub|icans, and because the victim was a ”cop". |n his affidavit Nlr. James states that in

// "

EXH:EEZT é
Pg(£ogf’>

his opinion the App|icant would have had a difficult time obtaining an acquittal due to
the facts of the case. This includes the statements of the officers involved and the tape
including the statement of the App|icant. He states that one of the eye witnesses stated
that they saw the Applicant lung at an officer with a knife (which is the crux of the
indictment)- He a|SO was Concernetd~wi_th_the_fa_ct__thattif_the_Appl.ican.t_took_the-s_tand_th.e
State could use his prior felony conviction to impeach him, He states that the Applicant
made the decision to take the 5 year plea bargain because he knew that a jury verdict
would place him in prison far longer than the minimum which he received. The Court _
finds that the App|icant decided to plea due to the facts of the case and because of the
fact that the State could have used his prior conviction to impeach him. There was no
unfair coercion by his counsel.

 

CONCLUS|ONS OF LAW

1. ln Ground One, the Applicant makes factual claims about his trial attorney that iftrue
wouid most likely constitute ineffective assistance of counsel. However, the Court finds
these factual allegations to be false, therefore the Court does not have to make any
conclusions of law as to these allegations.

2. The same points made in Ground One apply to Ground Two.

3. |n Ground Three, the Applicant claims that his attorney should have appealed the trial
Court's decision denying his motion to suppress. As mentioned in the findings the
attorney could not appeal the Court's ruling because it was part of the plea bargain that

the Applicant was giving up his right to appeal all issues. Therefore there was no
ineffectiveness of counsel.

4. in Ground Four, the same points made in Grounds One and Two apply to Ground Four.
A copy ofthis order shall be furnished to the Honorab|e Nico|e Lostracco, District Attorney
for the 145"‘ ludicial District Court and the Applicant, Kevin Lee Brittain, TDCl
#1915233, Larry Gist Unit, 3295 Fl\/l 3514, .Beaumont, TX 77705.
Signed and entered this the _[O_ day of February, 2015.
D|STRlCT JUDGE

5065;-'/'"€"
_ .f§' 3 553

NO. F12-19562-A

 

 

 

sTATE oF TExAs § iN THE 145TH DisTRicT couRT
' §
..5 § Q.F
§
KeviN LEE BRiTTAiN § NAcoGDocHEs couNTY, TExAS

AFF|DAV|T
My name is Tim James, l am an attorney in Nacogdoches, Texas. | am a Board Certified
criminal defense lawyer and | have been practicing for 45 years. l am making this affidavit freely

and voluntarily and am stating as follows: l

 

§\ a f
1. l took this case £r/m)@ out of respect for Kevin Brittain's family. From the
earliest time, | informed him that he had significant exposure because of the fact that he did

have a knife and he was recorded after his arrest\at the patrol car telling the arresting officer

    

that when the officer pulls a gun on him he will pull his knife on the officer He then apologized g
U/hil‘\!\@.([»`l; \'i rl:__) § L(-;r"i » ~ ~(`\Ml [\\.i to “ 1 \\ \’ ~~\<..` _\`:\' \~; t~\" W.` l
\//,i§ tit/SUin dial 1 rt , ) O\
1" ~~~~~~~ l ,/ ,_ 1\ \\` h _ \{-><
to the Offcer. ):\'/O pl ,_;\L é_lf vi §~ L"{’\‘ ` '/ jr §\l`/;"' ;¢ b :;’~ pier `i O("j VE/‘";,\ § ;D "/. f Z}>TJD.\V|!`/- l n : ‘\\ J\'/i/ .`\\1\/‘\\`1 ‘;L\'\`-‘\
\ ‘, 4` ~ \b( i;;v%""
We interviewed all of the witnesses and the arresting officers and it appeared from all of

the witness statements that either the witnesses did not see the actual confrontation with the
knife or'did(not agree with Mr. Brittain's version that he only threw the knife in a flower bed and . pmi

that it had opened accidentally as he was pulling out_ One witness even stated that lVlr. Brittain ?‘t~/
pulled the knife out and lunged at the Deputy. We reviewed the videotape and based on the

tape and the witness statements, we again emphasized to Mr. Brittain that this was a very
\»\\ \1; §§ \,, »;~<»~ le \;n- ?t § tie \i)ti¢*~i¢» l;.;, kidd a;, lowest jj
/\\~,\g;,\t)<¢,\ wait \ dot 1a pause

_} .
2. We negotiated the State' s offer from 15 years down to 5 years, which was the

Sef'lOUS Ca$e

minimum for an enhanced Assault on a Pub|ic Servant case. We relayed this offer to l\/lr. Brittain

several months beto his plea and continued to meet with him and discuss the case.
`~_/\'0 (O)\ \/\o.... '\~€. Cp`\_\:(' €A.)€)\¢=.»QQ'{ b£p d‘;b/\\Ja>€c{ r"§t t j\ NW@§M

 

/|

61/63£/“ i'F
65 /§/3

 

 

3. Mr. Brittain had ample time to talk with any other lawyer and y_v_eni fact
engg_ntag_edbtntn)_qgsg to see if anyone else had any ideas that would be of benefit |Mt

. § _
r;kno§&ether he spoke with anyone else, but there were no other alternatives other than to try

 

 

his case to a jury. We set this case for a l\flotion to Suppress. The incriminating film gentaining

the confession was the main evidence The Motion was overruled by the judge and the case

was then set on the' jury trial docket. lt was then up to Mr. Brittain as to whether he wished to go

 

to a Jury trial. He continued to ask us our opinion and we continued to tell him that he was
probably going to lose the case based on the statements contained in the tape and the

testimony of the two Deputy sheriffs and the Ue_eyQtvitne,ss We also explained this to his

  
 
  

famiiy. wet ngf\t\i:/la:;*/‘f”‘/\ §§§1?:/\
*/t»@*" ‘“iii°“ ‘“
44 Mr. Brittain’ s father was not an investigator for the D_istrict Attorney s office and

\_.___,4/'/ .. _‘_ 4..

he had_ not in previous years detained either Jud_ge Cox or District Attorney Nicole l_oStracco

» ». iii This allegation"'\`iiias never made to us by Kevin Brittain and was never presented by him as any

._, 4 ,_ 4__~~ _ /,. . v

grounds supporting any request for a C_h_a_nge of Venue or Motion _to Rec_use_ S__uch conversation

___ /f,. ______
~1 ,
. _ _ / \

,._`,_\ t

for a Change of V_enu_e or a nflotion to Recuse the Judge. t " w
44 ' ~ ~ 44\ 5 '\

_~ §§ `3 _/.,hever took place, the facts never took placel and even had it occtinred_,__there were no grounds

5. After the adverse ruling on the nflotion to Suppress, the nextstep in the case

 

i
i'=.\/

would be th'e trial of the case. A lVlotion to Suppress cannot be appealed by the defendant ___ vs \tj_
before trial. but must be carried along through the`trial and made a part of any subsequent ""'»/\\i
appeal if there is an adverse verdict at trial.

6. in evaluating the ‘case, it was obvious after investigation, after reports, after
extensive work, (all of which is reflected in our file) that Mr. Brittain would have a very difficult

time obtaining an acquittal from a Jury This was based on tbej_agt,sbf tbeLase,Jlot othe fact

that he had a prior conviction o_r that the person assanlted was a policeman Those factors

`44\_"/_"/

would probably play into some of the decision-making by a jury, but' in a case of this nature, the

big dilemma would be whether or not Mr. Brittain would choose to testify because by doing so

l I

E>GiFSI,/" ij
faa §§

his prior conviction would be placed in evidence before thejury. lt would be naive to assume a
y jury would not consider that he was a prior convict and that the person assaulted was a peace

officer with no prior criminal backgroundl Kevin Brittain's decision to plead guilty was based on

 

 

the fact that he understood a jury verdict would probably place him in prison ror a very
substantial amount of time and almost certainly would be far more than the offer that was
negotiated at the minimum |imit.

7. All efforts, investigations, and strategies were done on l\/ir. Brittain's behalf. He
received excellent representation and a thorough investigation and evaluation of.his case. lt was
his decision based on our mutual analysis of the case to accept the plea and to avoid exposure

to a jury, which would have surely sentenced him to substantially more time in prison.

. H~_._. ., ___/1

 

 

"‘-\`______________.____ ,,.~--____ __`

Affiaht ©

SWORN TO AND SUBSCR|BED before me the undersigned authority, on this the L/U

day Of FEBE_\>AL\, ' 2015. /;/~%L\
n l
§ \ :-'"'"»'=" JOY JUEL$ON ~
-` * '"g-‘o<‘= Noiary Publlc. State oi'Texcs /
.Z~.§ Mv Commlssion Expues N-ota PU C tate of Texas
;' Moy 25. 2016

 

 

 

     
    

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