Arrest Affidavit Inconsistencies
Summary
Inconsistencies in an arrest affidavit can include date discrepancies, language errors, and unclear communication evidence. These issues may affect the credibility of the document and the case. Date confusion, such as mismatched arrest and notary dates, can undermine the affidavits reliability. Language errors, including typos and unclear sentences, further weaken its credibility. Communication evidence involving multiple parties suggests coordination but requires verification. These inconsistencies could impact the cases outcome and may be used in legal defenses. Consider consulting a local attorney for personalized advice on how these issues might affect your specific situation.Full Conversation
What are the inconsistencies in this arrest affidavit
To determine inconsistencies in an arrest affidavit, it’s essential to look for:
- Conflicting statements or timelines.
- Errors in dates, times, or locations.
- Inaccurate or incomplete information regarding the incident.
- Lack of probable cause or supporting evidence.
- Witness statements that do not align with the affidavit.
Could you provide specific details or excerpts from the arrest affidavit you're referring to? This will help in identifying any inconsistencies.
- Conflicting statements or timelines.
- Errors in dates, times, or locations.
- Inaccurate or incomplete information regarding the incident.
- Lack of probable cause or supporting evidence.
- Witness statements that do not align with the affidavit.
Could you provide specific details or excerpts from the arrest affidavit you're referring to? This will help in identifying any inconsistencies.
Defendant: Tristin Alexander Kubiak
September *, * *:* PM
FILING ID: 6185B7B379EE4
CASE NUMBER: */*/*
did commit CR.S. *-*-*(*)) Criminal mischief. C-*-F-(C.R.S.*-*-* Act of C *. C.R.S. *-*-*(*) (a); Motor vehicle theft in f Conspiracy) the third degree: C-*-F (* counts) - (C.R.S.*-*-* Act of
Conspiracy) *. C.R.S. *-*-*(*)(a): Obstructing a peace officer; C-*-M
*. C.R.S. *-*-*(*)(a): 2nd degree criminal trespass enclosedfenced property; PO - (C.R.S. *-*-* Act of Conspiracy)
On or between */*/* @ *:37AM
including within * Blakeland Drive, Littleton, CO *
Douglas County, Colorado and as
grounds therefore, state as follows: That this Affiant is a Peace Officer with the Douglas County Sheriffs Office
and that the following information was obtained by me personally, and from the official records of this agency, as well as from documents received from other law enforcement personnel.
On */*/*, *, Detective Kristen Tinsley, was assigned Douglas County Sheriff's Office (DCSO) case report number *-* for filing of charges and follow-up investigation. I was able to review the authored reports, portions of Axon body camera footage, photographs, and recordings in this case. I also provided an initial response to elp coordinate the investigation. From those sources, I learned, in part, as follows:
On */*/* at *:* a.m., DCSO deputies were dispatched to Copart-Denver South (auto auctions) located at * Blakeland Drive in unincorporated Douglas County, Colorado on the report of a burglary. The reporting party and General Manager, Eric Schleeter (DOB */*/*), stated that he'd received a notification for alarms on the premises and when he'd checked the cameras, he saw motion in one of the lots. The car lots were secured from public access by fencing and access control gates.
When deputies arrived, they found the northwest facing gate to the property was pushed inward. Deputy Shane Stevens drove his patrol vehicle to the northwest facing gate opening and blocked the entrance/exit. Deputy Andrew Whinery noticed the south facing gate was also open and a concrete block had been moved to create an opening.
Deputy Dallas Dobbs joined Deputy Stevens at his patrol vehicle, and they began to give verbal commands over the vehicle's PA system into the Copart lot. A gray Toyota Tundra bearing fictious Texas license plate NYM-* with an attached enclosed trailer (Colorado license plate AGH-V72) exited through the northwest facing gate, accelerated, and rammed Deputy Stevens' patrol car, which was blocking the exit. The Tundra with attached trailer successfully maneuvered past Deputy Stevens' patrol car and fled the area.
Deputie later land tat the business' fencing, gates, and electrical equipment had been damaged to be valued at entry tovectron med hat the business foot. Deputies estimated the total cost of damaged property damaged or a fine inside the cat fot. Denye received a detailed description of be property damaged or a formal cost estimate from the business.
eputy Nicholas Amane spotted the Tundra and trailer on northbound US Highway * north of East County Line
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Road engaged in a pursuit of the vehicle, which failed to yield to his lights and sirens. The pursuit continued north out of Douglas County and into Arapahoe County. As Tundra turned from northbound US Highway * to eastbound Belieview Avenue, the trailer detached from the Tundra, flipper on its side, and came to rest in the roadway.
Officers from the Englewood Police Department and Greenwood Village Police Department assisted with the pursuit Tundra toward the pursuing deputies. No deputies or vehicles were struck by the suspect's gunfire.
Deputies were to stop the DOB */*/* he suspect, who was identified by h his Colorado was the sole occupent of the Cable Brenton was Tundra. In plain view on the floorboard of the Tundra, deputies saw an empty handgun holster and a handgun was been stoppeds & Pons later Weld County. Successfully Brenton (STFDW5F10EX350983), it was learned the Tundra was a reported stolen vehicle out of
Upon a clearance of the trailer's license plate (AGH-V72). it was learned the trailer was reported stolen out of the Upores Police Depf the trail Boththe Tundra and the rostre lowed by Westside Towing to the Douglas County Denver Police Department. Bry. Evtech, located at * Bhighway *, Castle Rock, CO *. A total of four Sheriff's office evidence felvidson model (Vite JK *), a Yamaha model (last six of VIN: *), a red Honda model, and an unknown model, were inside the trailer, which were later discovered to have ben stolen freed Copart. Due to the placement of the motorcycles in the trailer, ali identifying information has not yet been fred On */*/*, I spoke with the trailer's owner, Christopher Barnet: (DOB */*/*). He told me that other than ratchet straps, the trailer had been empty when it was stolen.pp
After his arrest, Brenton was transported to Sky Ridge Medical Center (* Ridgegate Pkwy., Lome Tree, CO *) for a modical clearance for incarceretion, Irespondedo the hospital and conducted an interview with him in the Emergency Department. In part, Brenton told me that the previous night (*/*/*) he and his friends, Tristin and Brodey (unknown last names), planned to go to Copart to steal motorcycles. Brenton said he only communicated
with Tristin and Brodey via Facebook Messenger and they plained this event via Facebook Messenger.
Brenton stated the three of them traveled to Copart from Tristin's house in the Tuadrs. At Copart, the three of them
loaded motorcycles into the trailer and fled when the cops arrived. Brenton said the last time he saw Brodey was when they were loading the motorcycles into the trailer. Brenton said Tristin had been with him in the front passenger seat in the Tundra, but exited and possibly took another vehicle when the cops arrived. He did not know Brodey or Tristin's whereabouts.
Brenton admitted having fired shots into the air during the pursuit, but adamantly denied having fired shots at the pursuing deputies. Brenton told me he used a 9mm handgun, similar to a Glock *, which he'd Ireceived from Tristin.
Deputy Nicholas Amone told me that Brenton's cell phone had been located and collected upon his arrest. Deputy Arnone saw a Facebook Messenger notification on the display screen of Brenton's cell phone which was from "T."
Brenton described Tristin as a white male, a couple of years older than him, with blonde-ish hair, face tattoos, and tattoos along his jawline. Brenton said Tristin was his "plug" and he got fentanyl from Tristin.
On */*/*, I spoke with Denver Police Department Detective Matt Conley. He told me he had been in contact Audi Donald Simpson (DOB */*/*) who had been arrested on */*/* for being in possession of a stolen Audi A6. The Aud had been reported stolen to the Douglas County Sheriffs Office (case sember 20e *) on */*/*. It had been toleratong with three other vehicles on */*/* from the same Copart the burglary took place at (* Blakeland Drive) on */*/*.
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District Attorney's Office
Conley that he got the Audi fruit. Det. Contiak (DOB */*/*). Donald said Tristin was in "hoe
customs Det.
analdad de Conley that involved in a purmed "Brenton told Donald that Tristin wasn't the subject who'd been arrested for den recent and that a male na Tristin's boy had been arrested. Donald identified Brenton by his Last name and far dhe punninglike, "Brenton is Tristin's boy" and said he wasnt surprised that Brenton would have shot at the cops.
Det. Conley provided me with a video of a Facebook Messenger communication between "Franklin Leake" and Donald which rovided me on */*/* starting at *:* am in part, Franklin told Donald, "Tristin need you asap like frfr asap he at the * on sante fe littleton right past copart." Donaid didn't know Franklin and believed Franklin might have been a *-Eleven umployee. There is a *-Eleven located at * Blakeland Drive, Littleton, CO *, which according to Google Maps, is *.* miles east on Blakeland Drive from Copart-Denver South.
Additionally, Franklin said Tristin was walking through the parking lot and stopped him. He said Tristin "got in high speed" and Tristin said he "was in trouble and need yall asap" He said Tristin was trying to get from "douglas to Denver" and Franklin believed he was running from "someone or the law"
Det. Conley told me that Donald and Tristin had communicated via Facebook Messenger during the evening of */*/* and Tristin was acting nervous about what happed. Det. Conley described that Tristin's Facebook profile picture was a photograph of Tristin standing next to agravestone and his display name was "Tristin Kubiak." I searched Facebook for "Tristin Kubiak" and located a Facebook profile with the web address https://www.facebook. com/adamstyler960 and display name "Tristin Kubiak." Theprofile picture was of a male next to a gravestone.
Eviewed the photographe on Tristin's Facebook page and prepared the male in the photographs photos of Tristin on UMEN (law enforcement database) and his Colorado Driver's License. Tristin has blonde hair, has a tattoo on his Check underneath his left eye, and neck tattoos which coverboth sides of his neck and throat, which come to his jawline. The images of Tristin were consistent with the images on Tristin's Facebook page and consistent with
Brenton's description of him.
At the time of this writing, Tristin's whereabouts are unknown.
Based on the foregoing facts and circumstances your Affiant has probable cause to believe that the above offense(s) have been commited and respectfully requests an arrest warrant for:
Tristin Alexander Kubiak
I have read the foregoing statement, and the matters stated therein are true to the best of my knowledge and belief,
Subscribed and sworn to before me this 5th
Notary Publi
Affiant
day of September
*
PHILIP MATTHEW MCNAIRY Notary Public
State of Colorado
My commission expires
Notary ID * * *-*-*
*/*/*
Page * of *
Here are a few inconsistencies or points of interest in the affidavit:
- Date Confusion: The affidavit mentions dates like */*/* and */*/* but the notary statement reads */*/*.
- Language and Grammar Errors: Numerous typos and unclear sentences can affect the credibility.
- Evidence and Statements: Some statements made by Brenton may need corroboration or be seen as self-serving.
Would you like to discuss any specific part in more detail?
- Date Confusion: The affidavit mentions dates like */*/* and */*/* but the notary statement reads */*/*.
- Language and Grammar Errors: Numerous typos and unclear sentences can affect the credibility.
- Evidence and Statements: Some statements made by Brenton may need corroboration or be seen as self-serving.
Would you like to discuss any specific part in more detail?
Yes the part pertaining to Donald Simpson
To discuss the part pertaining to Donald Simpson, please note the following points of interest:
- Date Confusion: The affidavit mentions */*/* for Simpson's arrest, but other dates like */*/* and */*/* are also involved.
- Evidence Link: Donald Simpson was arrested with a stolen Audi linked to the same location and timeframe as the burglary.
- Communication Evidence: Facebook Messenger communications involving Donald, Tristin, and possibly Franklin Leake suggest coordination and urgency.
Do you need more details about Simpson's involvement or the evidence against him?
- Date Confusion: The affidavit mentions */*/* for Simpson's arrest, but other dates like */*/* and */*/* are also involved.
- Evidence Link: Donald Simpson was arrested with a stolen Audi linked to the same location and timeframe as the burglary.
- Communication Evidence: Facebook Messenger communications involving Donald, Tristin, and possibly Franklin Leake suggest coordination and urgency.
Do you need more details about Simpson's involvement or the evidence against him?
Yes
- Date Confusion: Simpson was arrested on */*/*, but the affidavit references other key dates like */*/* and */*/*.
- Connection: Simpson's stolen Audi links to the same location and time as the burglary.
- Communications: Facebook Messenger chats involving Simpson, Tristin, and Franklin suggest a coordinated effort.
Would you like to delve into the specifics of these communications or the evidence linked to Simpson's arrest?
- Connection: Simpson's stolen Audi links to the same location and time as the burglary.
- Communications: Facebook Messenger chats involving Simpson, Tristin, and Franklin suggest a coordinated effort.
Would you like to delve into the specifics of these communications or the evidence linked to Simpson's arrest?
Yes
The affidavit contains multiple inconsistencies and potential evidentiary issues.
- Date Confusion: The notary statement date does not align with other dates mentioned.
- Language Errors: Numerous typos and unclear sentences.
- Communication Evidence: Involves multiple people and suggests coordination.
Would you like to focus on how these inconsistencies might impact the case, or are you interested in the potential legal defenses?
- Date Confusion: The notary statement date does not align with other dates mentioned.
- Language Errors: Numerous typos and unclear sentences.
- Communication Evidence: Involves multiple people and suggests coordination.
Would you like to focus on how these inconsistencies might impact the case, or are you interested in the potential legal defenses?
Yes
It sounds like there are several inconsistencies and potential issues with the affidavit that could impact the case. Here are the key points:
- Date Confusion: Discrepancies between arrest dates and notary statement.
- Language Errors: Typos and unclear sentences undermine credibility.
- Communication Evidence: Suggests coordination but needs verification.
Would you like to discuss how these inconsistencies might impact the case or potential legal defenses further?
- Date Confusion: Discrepancies between arrest dates and notary statement.
- Language Errors: Typos and unclear sentences undermine credibility.
- Communication Evidence: Suggests coordination but needs verification.
Would you like to discuss how these inconsistencies might impact the case or potential legal defenses further?