14AN-CR00042 STATE V JAMES E VANWINKLE

37TH JUDICIAL CIRCUIT
SHANNON
Report: CZR0026
Date.
Time;
Page:
CIRCUIT COURT DOCKET SHEET
14AN-CR00042
STATE V JAMES E VANWINKLE
Case Type:
Status:
Case Filing Date:
AC Felony
Warrant Issued
27-FeD-Z014
8:20:37AM
1
Security Level: 1 Public
26-feb-20l4
Disposition Date:
Disposition;
OCN#:
77299760
Arresting Agency: MO1020200
Release/Status Reason
Change Date
SANDRA M WEST (48711)
JAMES E VANWINKLE (VANJE3177)
JODIE RENEE BRUMBLE (54035)
Judge
Defendant
Prosecuting Attorney
Charge Charge
#
Date
Original
Charge:
Filing Date
26-Feb-2014
Charge
Code
10-Jan-20H 2209000
Charge
Description
Incest (Felony D RSMo : 568.020)
Description
Judge Assigned
Information Filed
Probable Cause Statement Filed
:
Warrant Issued
Document ID: 14-ANARW-8, for VANWINKLE, JAMES E, , Bond Amount: 200,000.00, Bond Text:
CASH ONLY
Bond Amount: 200,000.00; Cash Bond Amount: 200,000.00, Bond Text: CASH ONLY
PAQc.
STATE OF MISSOURI
CO UNTY OF SHANNON
03/25
Recommended Bond: S200,000
)
) ss.
)
IN THE CIRCUIT COURT OF SHANNON COUNTY,
MISSOURI,
ASSOCIATE DIVISION
ir\ T -iL^ F li -^
STATE OF MISSOURI,
PLAINTIFF;
Vs.
JAMES E. VANWINKLE,
603 Cemetery Road
Winona,MO 65588
SSN: 496-78-3177
DOB: 11/28/1964
DEFENDANT.
FEB 2 € 2014
)
)
)
)
)
)
)
MELANY WILLIAMS
Case No.:
OCN #:
77299760
Charge Code: 2209099:0
ORI:
M0102013A
Charge: INCEST, CLASS D FELONY.
COMPLAINT
Comes Now, Jodie R. BrumbleJ Prosecuting Attorney of Shannon County,
Missouri, being duly sworn upon oath and upon information and belief, and states that
there is probable cause to believe that the accused committed the following crime, in
violation of Section:
:
568.020, RSMo. committed the class D< felony of Incest, punishable upon conviction
under Sections 558.011 and 560.011, R,SMo; in that on or between August 27, 2013 and
January 3 0, 2014, Defendant had deviate sexual intercourse with M. J. V., Defendant's
biological daughter.
;
Tlie facts that form the basis for, this information and belief are contained in the
attached statement of facts concerning this matter, which statement is made a part hereof
and is submitted herewith as a basis upon which this court may find the existence of
probable cause for the issuance of the warrant.
Wherefore, the Prosecuting Attorney prays that an arrest wan-ant be issued as
provided by law.
:
Respectfully Submitted,
Recorder
Jo^t^RABrumble, #54035
Prosecuting Attorney
P.O. Box 429
Eminence, MO 65466
(573) 226-3714
ATTORNEY FOR THE STATE
SHANNON co CIRCUIT
P5/25
Date:
Time:
Page
37TH JUDICIAL CIRCUIT
Report; CZR0026
.SHANNON
CIRCUIT COURT DOCKET SHEET
STATE V JAMES E VANWlNKLE
14AN-CR00041
Case Type:
Status:
Security Level: 1 Public
Case Filing Date:
AC Felony
Warrant Issued
274=80-2014
8:20,37AM
26-Feb-2014
Disposition Date;
Disposition:
OCN#:
77299760
Arresting Agency: MO1020200
Release/Status Reason
Change Date
SANDRA M WEST (48711)
JAMES E VANWlNKLE (VANJE3177)
JODIE RENEE BRUMBLE (54035)
Judge
Defendant
Prosecuting Attorney
Charge Charge
#
Date
Original
Charge:
Filing Date
26-Feb-2014
Charge
Code
30-Jan-2014 1109500
Charge
Description
Stat Sodmy-1st-Dev Sex Intr W/Prs < 14-Ser Phy Inj/Dspl Deadly
Wea'p/Dng Inst/Sbj Vic Intr W/> Than One Per/Vic < 12 (Felony
Unclassified RSMo : 566.062)
Description
Judge Assigned
Complaint Filed
Probable Cause Statement Filed
\t Is ued
!
Document ID: 14-ANARW-7, for VANWlNKLE, JAMES E. , Bond Amount: 200.000.00, Bond Text:
CASH ONLY
Bond Amount; 200,000.00; Cash Bond Amount: 200,000.00; Bond Text: CASH ONLY
STATE OF MISSOURI
CO UNTY OF SHANNON
Recommended Bond: $200,000
)
) ss.
)
IN THE CIRCUIT COtjRT OF SHANNON COUNTY,
MISSOURI,
ASSOCIATE DIVISION
STATE OF MISSOURI,
PLAINTIFF,
MELANY WILUAMS
Vs.
JAMES E. VANWINKLE,
603 Cemetery Road
Winona, MO 65588
SSN: 496-78-3177
DOB: 11/28/1964
DEFENDANT.
)
)
)
)
Case No.:
OCN#:
Charge Code:
OKI:
HAN
'
77299760
1109599,0
M0102013A
Charge; STATUTORY SODOMY-FIRST DEGREE, UNCLASSIFIED
Ex-Officio Recorder
FELONY.
COMPLAINT
Comes Now. Jodie R. Brumble, Prosecuting Attorney of Shannon County, Missouri, being duly
sworn upon oath and upon information and belief, and states that there is probable cause to believe that
the accused committed the following crime, in violation of Section:
566.062, RSMo. committed the unclassified felony of Statutory Sodomy-First Degree, punishable
upon conviction under Section 566.062, RSMo, in that on or between August 27. 2013 and January 30,
2014, Defendant had deviate sexual intercourse with M. J. V. (D.OB.: 08/27/2008), a child less than
twelve (12) years of age.
The facts that form the basis for this information and belief are contained in the attached
statement of facts concerning this matter, which statement is made a part hereof and is submitted
herewith as a basis upon which this court may find the existence of probable cause for the issuance of
the warrant.
Wherefore, the Prosecuting Attorney prays that an arrest warrant be issued as provided by law.
Respectfully Submitted,
Jodie R. Brumble, #54035
Prosecuting Attorney
P.O. Box 429
Eminence, MO 65466
(573) 226-3714
ATTORNEY FOR THE STATE
SHANNON
37TH JUDICIAL CIRCUIT
|SHANNON
Report: CZR0026
Date,
Time:
Page:
CIRCUIT COURT DOCKET SHEET
14AN-CR00040
Security Level: 1 Public
STATE V JAMES E VANWINKLE
Case Type:
Status:
Disposition:
OCN#;
Arresting Agency:
Case Filing Date:
AC Felony
Warrant Issued
27-Feb-2014
8,20,37AM
1
2S-Feb-2014
Disposition Date:
77299760
MO1020200
Release/Status Reason
Change Date
SANDRA M WEST (48711)
JAMES E VANWINKLE (VANJE3177)
JODIE RENEE BRUMBLE (54035)
Judge
Defendant
Prosecuting Attorney
Charge Charge
#
Date
Original
Charge:
Filing Pate
26-Feb-20l4
1
Charge
Code
30-Jan-2014 2604500
Charge
Description
Endangering Welfare Of Child - 1st Degree (Felony C RSMo :
568.045)
Description
Judge Assigned
Complaint Filed
i
Probable Cause Statement Filed
Warrant Issued
j
Document ID; 14-ANARW-6, for VANWINKLE, JAMES E. , Bond Amount; 100,000,00, Bond Text:
CASH ONLY
Bond Amount: 100,000,00; Cash Bpnd Amount: 100,000,00; Bond Text: CASH ONLY
SHANNON CO CIRC
STATE
co UNTY OF SHANNON
)
PA>;
Recommended Bond: $100,000
)ss,
)
IN THE CIRCUIT COTJJRT OF SHANNON COUNTY,
MISSOURI,
UL_E
ASSOCIATE DIVISION
2 fi 2014
STATE OF MISSOURI,
—•»
PLAINTIFF,
Vs.
,
Circuit aB*arifrOfa£R&COI4Qr
)
)
)
)
Case No,:
OCN#:
77299760
Charge Code: 2604599.0
OKI:
MO102013A
JAMES E. VAWWINKLE,
603 Cemetery Road
Winona,MO 65588
i
SSN: 496-78-3177
:
DOB: 11/28/1964
DEFENDANT.
Charge: ENDANGERING THE WELFARE OF A CHILD- FIRST DEGREE,
CLASS C FELONY.
COMPLAINT
Comes Now, Jodie R. Bramble. Prosecuting Attorney of Shannon County,
Missouri, being duly sworn upon oathiand upon information and belief, and states that
there is probable cause to believe the accused committed the following crimes, in
violation of Section:
568.045, RSMo, committed the class C felony of Endangering the "Welfare of a ChildFirst Degree, punishable upon conviction under Sections 558.011 and 560.Oil, RSMo. in
that on or between August 27, 2013 and January 30, 2014, in the County of Shannon,
State of Missouri, Defendant, knowingly acted in a manner that created a substantial risk
to the life, body or health of E. G, B. (D.O.B.: 02/05/1999), a child less than 17 years of
age. by engaging in a course of abuse of E. G. B. of a sexual nature.
The facts that form the basis for this information and belief are contained in the
attached statement of facts concerning this matter, which statement is made a part hereof
and is submitted herewith as a basis upon which this court may find the existence of
probable cause for the issuance of the [warrant
Wherefore, the Prosecuting Attorney prays that an arrest warrant be issued as
provided by law.
KJ
eS:5£
1
SHANNON CD CIRCUIT C
Respectfully Submitted,
e, #54035
Prosetmfr/Attorney
P.O. BOM29
Eminence, MO 65466
(573) 226-3714
ATTORNEY FOR THE STATE
PAGE
64/2£.
62/27/2014
03:50
1
SHANNON CO CIRCUIT C
PAGE
11/26
#
V 10
STATk of MISSOURI )
ss,
SHANNON COUNTY )
Probable Cause Statement
Date: February 25, 2014
MELANV Wi LLJAMS
Circuit Clerk and Ex-Officio Recorder
I, S£rgeant_Trayis_R._HQweg of the Winona Police Department, knowing that a false
statement is punishable by law, hereby affirm the information contained herein is true and
accurate to the best of my knowledge, ijEiformation> and belief.
I have probable cause to believe that bcjtwcen 08/27/2013 and 01/30/2014, at or about 603
Cemetery Road, Winona, MO 65588, MO. VanWinklc, James E., D.O.B. 11/28/1964. SSN#
496-78-3177, last known address of 6Q3.jCemeterv Road, Winona, Missouri 655S8.
OCN#77299760
Committed one of more of the following offense(s)......
i
1. 5rta-VM*3^-.5ociQfl*|. 1st Degree RSMo 566.062. MCC#: ««•••*• By subjecting
40MMt. who is Five Years Old, to dtv^vr s«H,irA«n**by touching and digitally
penetrating her vagina, resulting in an injury to her vagina.
2.
Child Molestation 2nd Degree R^Mo 566.068 MCC# •••» - By subjecting
flIB- w^° ^s 15 years old, to sexual contact by touching and penetrating her
vagina, resulting in her hymen being torn.
3. Incest RSMo 368.020 MCC#; 2209004.0 - By engaging in deviate sexual intercourse
with
4. Endangering Welfare of Child 1s Degree RSMo MMMMMfc JPPWKBt— By
engaging in sexual conduct with ••••& and 40MM, who are both under the age of
17 and he is given charge with the care and custody of the both of them.
Abuse or Neglect of a Child RSMo 568.060 MCC#: MVMHMI- By placing two
children under the age of IS, in situation in which the children may suffer physical
or mental injury as a result of the abuse or neglect.
On 01/30/2014 at approximately 1Z45 hrs., I was contacted by the Children's Division
who stated they had an emergency call and would need assistance. I was informed that
informed her teacher that
MHMCD.O.B. 08/27/2008 Jimmy VanWinkle frequently puts his fingers inside her vagina.
RECEIVED TIME FEE, 21.
FEB. 11,
02/27/2014 09:50
1
C2-26-H;OB:10AM;
SHANNON CO CIRCUIT C
PAGE
Chuck Keeney and Henry Younger from Children's Division wished to speak with
^^•k in my presence. MMt is a student in the Winona Head Start and was
attending school today. After arriving at the Head Start, Chuck and Henry began
interviewing MMMMMIstated that her dad touches her crotch urea and specifically
stated that he touched her under her clothes and underwear. Wfc stated her dad's
fingers go inside her. MBA stated she knew that this touching was not appropriate.
She stated that this occurs in the mornings, and stated that he had touched her in this
way this morning. MH0 also stated that this hns occurred numerous times and has
been happening since before Christmas of 2013- OTA went on to state that her sister,
MM* U>.O.B. 02/05/1999 - •MHMMMMB^as witnessed it happening.
After Chuck Keeneys Henry Younger, and I spoke with MM| at the Winona School,
Cpl. Bradwell and I went to the Winona Head Start and took •••into protective
custody based on alleged Child Molestation. Shortly after returning to the Winona
P.D., Corporal Bradwell, Officer Abney, and I went to Jimmy VanWlnkte's residence.
Corporal Bradwell and Officer Abncy detained Jimmy, placed him in wrist restraints,
and transported him to the Winona Police Department to interview him. Corporal
Bradwell then read Jimmy his Miranda warning and he stated he understood his rights
and wished to speak with us. Jimmy idenied any purposeful touching of a sexual nature
toMlVMB:- He stated that he has wrestled with her and it might have happened
accidentally, but could not pinpoint a particular time. Jimmy first stated that he did not
wake any of the children up but later recanted and stated that he sometimes wakes up
the two oldest children, one of which is ••HI Jimmy stated that MBM or Sam a nth a
Becker, who is both ••§. and MBM':-. mother, usually wakes MMf» During the
interview, my attention was brought to other tasks and I was not present for the entire
interview CpL Bradwell had with Jimmy.
*
Officer Abncy then went to the residence of Jimmy Van Winkle, MMA, end MBB and
inspection, Officer Abney took HMB and the other children of the home into
protective custody base on substandard living conditions.
*
Later that day, Cpl. Bradwell and I spoke with Samantha Backer. Samantha is the
mother of both 1MB. andJMM. Samantha4is the girlfriend of Jimmy VanWinkle.
Cpl. Bradwell read Saman&a her Miranda Warning* Samanlha stated she understood
her rights. Cpl. Bradwell then asked her if she wished to speak with us, and she stated
that she did. Samautha denied knowing of any. touching,of a sexual nature done to
•••I. in her home. I asked Samantha if her daughter, MMfc, told her that Jimmy was
digitally molesting her. Samantha stated that she did not remember. I told her that
•MM. stated during-tho Interview with Children's Division workers that she told her
mother about the situation this morning (01/30/2014) and her mother stated she would
talk with her about it later. Again, I asked Samantha if she had this conversation with
MMM. and she stated that she does not remember. I stated that this Is a serious matter
and one would definitely remember whether they had this conversation with thf ir child
that same day or not. Samantha went on to state that maybe her daughter stated that
she wanted to talk to her about something and she may have told her that they would
R E C E I V E D TIME
F E B .2 7 .
9:55AM
P R I N T TIME
F E B . 27.
12/26
# 2/10
02/27/2014
SHANNON CO CIRCUIT C
09:58
PAGE
13/25
# 3/10
talk about it later. I asked Sumautha who wakes the kids in the morning. Samantha
stated that Jimmy usually wakes tfce children because she is asleep until 6;30 am or
later. Cpl. Bradwell asked Samantha if Jimmy wrestles \vithMMi. Samantha stated
that he did so on a regular basic. Cplt Bradwell asked Samantha if he knew Jimmy to
tickle ftHMt in the crotch area, Samantha stated that she did. She went on t* state that
Jimmy usually tickles MMflL's stomach but sometimes tickles her crotch area.
Cpl. Bradwctl informed me during his interview with Jimmy, he admitted to tickling
••M's crotch area, but has only done so one time. ever. Cpl. Btadwell informed me
that Jimmy al.vw stated the he may hav* accidentally put hifc finger insideflMM0/5
vagina while wrestling one time. Cpl. Bradweh* stated he asked if Jimmy remembered
the particular time that it did occur or could have occurred and Jimmy -stated that he
did not, only acknowledged it as a possibility.
f
On 02/24/2014 at approximately I900hrsf, I began reviewing the DVD's provided by the
South Central Child Advocacy Center in West Plains, Missouri, On the DVD's are
interviews with flHfc aixlM^HV A!NO, on the DVD's were photographs taken during
the S.A.FJE. - C.A.R.E. and interview performed on MM and •••I.
•••••• WAS interviewed twice, once on 01730/2014 and once again on 02/13/2014.
Both times she was interviewed by Forensic Interviewer Tina Ahad. The first interview
has a date and time stamp of 01/30/2014 at 1943hrs. During the interview, ••M, states
that she knows it is not ok for someone to touch a girl's breasts or crotch. ••• went
on to state that her mom(Samantha (Becker), dad(Jimmy Van Winkle), ••••••
••••(brother), and IMMHBHMIliavc all touched her breasts.••••then stated
every time her dad touches her breasts, he also touches her cr otch.MMfc then stated
that this has happened more than one time, ••••then stated when her dad touches
her breasts and crotch he uses his hand. She then stated that this has happened multiple
times at her house. She also stated that last time it happened it was at home and hor
clothes were pulled up as she lifted her arms ahovc her head. (•••. then stated that
she asked her dad what he was doing and he said nothing. ••• stated her dad then
touched her nose with his hand for her to smell It and she told her dad he ivas nasty.
MHt. stated that her dad had touched her in the kitchen., living room, and her
bedroom. •••I stated that her dad pulled her pants down when he touched her.
described her dad touching her as a poke and stated that it was inside her body.
stated this first started happening when she was four years old.MMM then
details a conversation she had with her mother about her dad touching her
inappropriately after the first time it ihappencd.•••> stated that her mother said that
If her dad does not stop doing that toihcr flBHB won't be his baby girl anymore and
that she will be fter mother's baby girl.tf^^. went on the state that her dad had also
touched^^^Bl's breasts. BHft. stated she was in the same room when it happened.
When iH^Bi AVUN asked to show how dad touched her by using a fomule doll^^M§.
repeatedly poked the crotch of the doll. The conversation was then directed back to the
topic of her dad touching (••.'* breast. M^Bi stated that it occurred numerous
times and he touched her skin with his fingers.|^^^ then reaffirmed that her Mom,
Dad, ••••••M andJHHBHB nave all touched her breasts, •••i went on to
R E C E I V E D TIME
F E B . 2?.
9:55AM
P R I N T TIME
FEB.11. 10:06AM
SHANNON CO CIRCUIT C
PAGE
14,
describe that hop Mom touched her breasts on her
. then stated her mom
touched her breasts when she was washing her with a rag.
^^H(brotlier) licked her breasts with his tongue. She stated tliat^M0 pulled her
shirt down to lick her. VHV- stated thatffMi did this more than one time. Later on
in the interview, MHt stated •••••••fr touched her crotch with his hand and then
took it ouL^MBf. staged £pMk then went into bathroom and played with his wcc-wcc.
stated after he played wee-wee he came out of the bathroom and told her.
stated 4MMB has only touched her crotch one time and touched her inside her
, body,
_
:
_
*
»
(B0B. was also interviewed by Tina Ah ad During the interview., 4HH was asked if
she ever had to do anything to a boy's ding dong, she stated that she usually tells them
to keep it to themselves and walks away^M^- said sometimes they get mad. ffW<
also stated she was has not been sexually active.
On 02/25/2014, 1 received the Sexual Assault Forensic Examination paper work for
iMAr. and HH and began reviewing it. The physical examination for all of the
children was performed by Celeste Williams, is a Nurse Practitioner and Is employed by
the Child Advocacy Center.
•
;
_
In the narrative portion ofJU^B^'s medical exam completed by Celeste Williams it
states, "At anterior or top of labia has a small adhesion with an acute tear." During a
telephone conversation with Celeste Williams on 02/l9/2014r she ajso stated that^hc
tear under the labia has been caused by some trim ma and could be caused by digital
penetration. She also stated there VMRS bluish discoloration between the vagina and
rectum that appeared to be bruising, This Information is also reflected in.ber narrative
report of^HB^ Further m the narrative it states that^BMi has a "foul odor, skin
that 1$ dirt stained/embedded, multiple healing sores on skin cause concern for neglect."
In the findings section of the report, Celeste Williams notes that the history and
behavior ofjffft.
is consistent With sexual abuse/assault Celeste Williams also notes
in this section that physical findings present are consistent with sexual abuse/assault. It
was also noted in the report thatMBtf.'s hymen was Intact.
Inb the* nar^itlve portion of —
ftMB.'s
- medical exam completed by Celeste Williams it
States ,tkat (••. had "a healed transaction of the hymen at 8 o'clock that is consistent
with Wunt force trauma penetrating the hymen. Celeste Williams noted that the
physical findings present arc consistent with sexual abused assault. During a telephone
conversation with Celeste Williams oh Q2/1P/2014, she further the described the
physical findings on VIA as a complete( tearing of the hymen at 8 o'clock. She also
stated this is consistent with penetrating trauma and could be either penile or digital
penetration. She further s£ated|in the conversation that the tear was completely healed
and the Ira 14 ma did not occur within the last weak.
SHANNON CO CIRCUIT C
PAQE
15/26
P-
(a) I believe that the defendant will not appear In court in response to a criminal
summons because: The nature of this crime is heinous and without regard to the
Innocence of the children belonging to the suspect. This crime carries with it a
severe punishment which could include a lengthy prison sentence. Tha nature of the
crime also carries a social stigma hi which society tends to cast out a suspect or
convict of crimes of this nature. Therefore, it leads me to believe that the suspect
would not Appear in open court to fae^eharges of this nature without being
1 compelled to do. so by a warrant iforjbis arrest
*
(b) I believe tjiat the djpfentant poses a danger to; One of the victims of these crimes is
an immediate blood relative of the suspect The suspect retains his parental rights at
•'* this time. These crimes were facilitated to due the nature of that relationship. Given
* that relationship it creates a situation where a substantial risk to the children's
physical well-being and mental state and are also placed in constant jeopardy.
(c) Or a danger to the comxnunity because: Anyone who has a child and purports to
love that child and would commit these crimes against that child should be deemed
a sexual predator. Therefore, it creates a substantial risk to the community and the
public as a whole.
Sgt Travis Howell / DSN#101
Winona Police Department
D/
SHANNON CO CIRCUIT C
Report: CZR0026
PAGE
37TH JUDICIAL CIRCUIT
SHANNON
CIRCUIT COURT DOCKET SHEET
STATE V SAMANTHA K BECKER
14AN-CR00043
Case Type:
Status:
AC Felony
Warrant Issued
Case Filing Date:
Date:
Time:
Page:
24/26
27-Feb-2014
8:20:37AM
1
Security Level: 1 Public
26-Feb-2014
Disposition Date:
Disposition;
OCN#:
77299761
Arresting Agency: MO1020200
Release/Status Reason
Change Date
SANDRA M WEST (48711)
SAMANTHA K BECKER (BECSK0697)
JODIE RENEE BRUMBLE (54035)
Judge
Defendant
Prosecuting Attorney
Charge Charge
U
Date
Original
Charge:
Filing Date
26-Feb-2014
1
Charge
Code
30-Jan-2014 2606600
Charge
Description
Abuse Or Neglect Of A Child - Less Than 14 YOA And Sexual
Abuse/Exploitation (Felony A RSMo : 568.060)
Description
Judge Assigned
\t Filed
Probable Cause Statement Filed
Warrant Issued
Document ID: 14-ANARW-9, for BECKER, SAMANTHA K. , Bond Amount: 200,000.00, Bond Text:
CASH ONLY
Bond Amount: 200,000.00; Cash Bond Amount: 200,000.00; Bond Text: CASH ONLY
02/27/2014
09:50
SHANNON CO CIRCUIT C
STATE OF MISSOURI
)
) ss.
CO UNTY OF SHANNON
)
PAGE
25/26
Recommended Bond: $200,000
IN THE CIRCUIT COURT OF SHANNON COUNTY,
MISSOURI,
I L 1i
ASSOCIATE DIVISION
?
k
STATE OF MISSOURI,
MELANY WILLIAMS
Circuit Clerk and Ex-Officlo Recorder
PLAINTIFF,
)
)
)
)
Vs.
FEB 2 6 2814 ^
Case No.:
OCN#:
77299761
Charge Code: 2606699.0'
OKI:
M0102013A
SAMANTHA K BAKER,
603 Cemetery Road
Winona a MO 65588
SSN: 493-78-0697
DOB; 01/20/1977
DEFENDANT.
Charge: ABUSE OR NEGLECT OF A CHILD, CLASS A FELONY.
COMPLAINT
Comes Now, Jodie R. Brurnble, Prosecuting Attorney of Shannon County,
Missouri, being duly swora upon oath and upon information and belief, and states that
there is probable cause to believe the accused committed the following crime, in violation
of Section:
568.060, RSMo, committed the class A;felony of Abuse or Neglect of a Child, punishable
upon conviction under Sections 558.011, 560.011 and 568.060, RSMo, in that on or
between August 27, 2013 and January 30, 2014, in the County of Shannon, State of
Missouri, Defendant, knowingly caused a child, IMP. (D.O.B.: 08/27/2008) to be
placed in a situation where iMBi suffered serious emotional injury and said injury was
the result of sexual abuse as defined under RSMo 566.100The facts that form the basis forithis information and belief are contained in the
attached statement of facts concerning this matter, which statement is made a part hereof
and is submitted herewith as a basis upon which this court may find the existence of
probable cause for the issuance of the warrant.
Wherefore, the Prosecuting Attorney prays that an arrest warrant be issued as
provided by law.
R E C E I V E D TIME
FEB, 27.
9:55AM
P R I N T TIME
FEB. 27. 10
SHANNON CO CIRCUIT C
Respectfully Submitted,
Jodfe R.^^ible, #54035
Prosecuting; Attorney'
P.O. Box 429
Eminence, MO 65466
(573) 226-3714
ATTORNEY FOR THE STATE
'/2014
09:58
SHANNON CO CIRCUIT C
37TH JUDICIAL CIRCUIT
SHANNON
Report: CZR0026
Date:
Time:
Page;
CIRCUIT COURT UOCKtl SHttT
14AN-CR00044
STATE V SAMANTHA K BECKER
AC Felony
Warrant Issued
Case Type:
Status:
;
Case Filing Date:
27-Feb-2014
8:20:37AM
1
Security Level; 1 Public
26-Feb-2014
Disposition Date:
Disposition:
OCN#:
77299761
Arresting Agency; M01020200
Release/Status Reason
Change Date
SANDRA M WEST (48711)
SAMANTHA K BECKER (BECSK0697)
JODIE RENEE BRUMBLE (54035)
Judge
Defendant
Prosecuting Attorney
Charge Charge
#
Date
Original
Charge:
Filing Date
26-Feb-2014
1
Charge
Code
30-Jan-2014 2604500
Charge
Description
Endangering Welfare Of Child - 1st Degree (Felony C RSMo :
568.045)
Description
Judge Assigned
I
Complaint Filed
:
Probable Cause Statement Filed
Warrant Issued
Document ID: 14-ANARW-10, for BECKER, SAMANTHA K. , Bond Amount: 100,000-00, Bond Text:
CASH ONLY
Bond Amount: 100,000.00; Cash Bond Amount: 100,000.00; Bond Text; CASH ONLY
'2014
83:50
SHANNON CO CIRCUIT C
STATE OF MISSOURI
17/26
Recommended Bond: SI 00,000
)
) as,
)
COUNTY QF SHANNON
IN THE CIRCUIT COURT OF SHANNON COUNTY,
MISSOURI,
I JL K
iL^
ASSOCIATE DIVISION
P
STATE OF MISSOURI,
PLAINTIFF,
)
F E B 2 £ 2014
2.
MELANY WILLIAMS
Circuit Clerk and Ex-Officio Recorder
Vs
)
)
)
)
Case No.:
OCN#:
77299761
Charge Code: 2604599.0
OKI:
M0102013A
SAMANTHA K. BAKER,
603 Cemetery Road
Winona,MO 65588
I
SSN: 493-78-0697
DOB: 01/20/1977
DEFENDANT.
Charge: ENDANGERING THE WELFARE OF A CHILD- FIRST DEGREE,
CLASS C FELONY.
COMPLAINT
Comes Now, Jodie R. BrumbleJ Prosecuting Attorney of Shannon County,
Missouri, being duly sworn upon oath and upon information and belief, and states that
there is probable cause to believe the accused committed the following crimes, iii
violation of Section:
568,045, RSMo, committed the class C: felony of Endangering the Welfare of a ChildFirst Degree, punishable upon conviction under Sections 558.011 and 560.01 1, RSMo, in
that on or between August 27, 201 3 and January 30, 201 4, in the County of Shannon,
State of Missouri, Defendant, knowingly acted in a manner that created a substantial risk
to the life, body or health of ^•E- (D.O.B.: 02/05/1999). a child less than 17 years of
boyfriend who Defendant knew or should have known was engaging in a course of abuse
of a sexual nature.
The facts that form the basis for this information and belief are contained in the
attached statement of facts concerning tliis matter, which statement is made a part hereof
and is submitted herewith as a basis upon which this court may find the existence of
probable cause for the issuance of the \yarrant.
R E C E I V E D TIME FES. 27. 9:
SHANNON CO CIRCUIT C
Wherefore, the Prosecuting Attorney prays that an arrest warrant be issued as
provided by law.
Respectfully Submitted,
Jodie |e#r\imble, #54035
Prosecuting Attorney
P.O. Box 429
Eminence, MO 65466
(573) 226-3714
ATTORNEY FOR THE STATE
SHANNON CO CIRCUIT C
PAGE
13/26
# 6/
STAT)E of MISSOURI )
ss.
SHANNON COUNTY )
Probable Cause Statement
Date; February 25, 2014
MELANY WILLIAMS
Ex-Officio
I, Sergeant Trnvis R. Howcll of the Winonn Police Department,
statement is punishable by law, hereby affirm the information contained herein is true and
accurate to the best of my knowledge, information, and belief-
I have probable cause to believe that between 08/27/2013 and 01/39/2014. at or about 603
Ccmotorv Road. Winona. MO 65588. MO. Becker. Samantha K.. P.O.B. 01/20/1977. SSN#
493-78-0697, last known address of 603 Cemetery Road, Winona, Missouri 65588,
QCN#77299761
:
Committed one of more of the following offcnsc(s) ......
1. Child Molestation 1st Degree RSJMo 566.067 MCC#; 2210318.2 - By acting in
concert with Jimmy V&nWlnklciwho subjcctudf|HK who is Five Years Old, to
sexual contact by touching and digitally penetrating her vagina, resulting in an
injury to her vagina.
2. Incest RSMo 568.020 MCC#: 2209004.2 - By acting in concert with Jimmy
VnnWinkle who engaged in deviate sexual intercourse with!
3. Endangering Welfare of Child I*1 Degree RSMo 568.045 MCC#: 2604799.0 - By
acting in concert with Jimmy Van Winkle who engaged In sexual conduct with
who is under the age of 17 •riririWta^MHWHMB||MVMlH>§MlM
4. Abuse or Neglect of a Child RSMo 568.060 MCC#: 2606699.2 - By acting in concert
with Jimmy Van Winkle, who placed HB., who is under the age of 18 in a
situation in which the child may suffer physical or mental injury as A result of the
abuse or neglect.
On 01/30/2014 at approximatoly 1245 hrs., I was contacted by the Children's Division
who stated they had an emergency call and would need assistance. I was Informed that
J^BI. (D.O*B. 08/27/2008 - S.S.N.^HHHI had informed her teacher that her dad,
Jimmy Van Winkle frequently puts his fingers inside her vagina.
Recordei
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Chuck Keeney and Henry Younger Ifrom Children's Division wished to speak with
VHI- in my presence. fH§ is a student in the Winona Head Start and was
attending school today. After arriving at the Head Start, Chuck and Henry began
intervicwingJUJ^H^HL Stated that her dad touches her crotch area and specifically
stated that he touched her under heir clothes and underwear. ^Hf. stated her dad's
fingers go inside her. Jfffkstated;she knew that this touching was not appropriate.
She stated that this occurs in the mornings, and stated that he had touched her in this
way this morning. dHt a^so stated that this hae occurred numerous times and has
bocn happening since before Christmas of 2013. JBBI went on to state that her sister,
02/05/1999 - MBB^BHMft, has witnessed It happening.
After Chuck Keeney, Henry Younger, and I spoke with BBS- at the Winona School,
Cpl. Bra dwell and I went to the Winona Head Start and tookJ^Ht into protective
custody based on alleged Child Molestation. Shortly after returning to the Winona
P.D.j Corporal BradwcH, Officer Abney, and I went to Jimmy VanWinkle's residence.
Corporal Brad well and Officer Abucy detained Jimmy, placed him in wrist restraints,
and transported him to the WinonaiPoIice Department to interview him. Corporal
Bradwell tiheu read Jimmy his Miranda warning and he stated he understood his rights
and wished to speak with us. Jimmy denied any purposeful touching of a sexual nature
t°MMMMt R° stated that he has Wrestled with her and it might have happened
accidentally, but could not pinpoint a particular time. Jimmy first stated that he did not
wake any of the children up but later recanted and stated that he sometimes wakes up
the two oldest children, one of which isfffL Jimmy stated thatJ^H^. or Saxnantha
interview, my attention was brought to other tasks and I was not present for the entire
interview Cpl. Bradwell had with Jimmy.
'; f
Officer Abney then went to the residence of Jimmy VanWinkle, MMt,, andVHBI and
spoke with Samantha BeckerJgBI^HW"H^|H||^BML After a home
inspection, Officer Abney lonkSSWB and the other children of the home into
protective custody base on substandard living conditions.
Later that day, CpJL Bradwell and I spoke with Snmnutha Becker. i^MMriflriMiv
•MMHMWVMBHHBMMM. Samantha is the girlfriend of Jimmy VanWinkle.
Cpl. Bradwell read Samnnlhn her Miranda Warning. Samantha stated she understood
her rights. Cpl. Bradwell then asked her if she wished to speak with us, and she stated
tin at she did. Samantha denied knowing of any touching of a sexual nature done to
IMt in her home, I asked Samantha if her daughter,•••! told her that Jimmy was
digitally molesting her. Samantna stated that she did not remember. I told her that
•••I stated during the Interview with Children's Division workers that she told her
mother about the situation this morning (01/30/2014) and her mother stated site would
talk with her about it later. Again, I asked Samantha if she had this conversation with
MHfllaud she stated that she does not remember. I stated that this is a serious matter
and one would definitely remember whether they had this conversation with their child
that same day or not. Samantha went on to state that maybe her daughter stated that
she wanted to talk to her about something and she may have told her that they would
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SHANNON CO CIRCUIT
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talk about St later. I asked Samantha who wakes the kids in the morning. Samantha
stated that Jimmy usually \vakes the children because she la asleep until 0:30 am or
later. Cpl. Bradwell asked Samantha If Jimmy wrestles withMMI Samantha stated
that ho did so on*a regular basis. CpL Bradwell asked Samantha if he knew Jimmy to
ticklcMHM in die'crotch area, Sam a nth a stated that she did. She went on to state that
Jimmy usually tickles •^••fc stomach but sometimes tickles her crotch area.
*
Cpl. Bradwell informed me during his interview with Jimmy, he admitted to tickling
MMMs crotch area, but has only done so one time, ever. Cpl. Bradwell informed me
t that Jimmy also stated the he may have accidentally put his finger iusideMM00
'vagina while wrestling one time. Cpl. Bradwell stated he asked if Jimmy remembered
the particular time that it did occur! or could have occurred and Jimmy stated that he
did not, only acknowledged It as a possibility.
. t
On 02/24/2014 at approximately 19QOhrs., I began reviewing the DVD's provided by the
South Central Child Advocacy Center in West Plains, Missouri On the DVD's are
Interviews wituMMil and BM0L Also, on the DVD's were photographs taken during
the S.A.F.E. - C.A.R.E. and interview performed onMMlL andMHfc.
MpMMwas interviewed twice, once on 01/30/2014 and once again on 02/13/2014.
Both times she was interviewed by Forensic Interviewer Tina Ahad. The first interview
has a date and time stamp of 01/30/2014 at 1943hrs. During the interview, IMM. states
that she knows it is not ok for someone to touch a girl's breasts or crotch. ABA went
on to slate that her momjgamantha Decker), d^d(Jimmy VanWinkle), MMI
••••(brother), and MIMMMI& have all touched her breasts. MMt then stated
every time her dad touches her breasts, he also touches her crotch. flMMl then stated
that this has happened more than one time. MM. then stated when her dad touches
her breasts and crotch he uses his hand- She then stated that this has happened multiple
times at her house. She also stated that last time it happened it was at home and her
clothes were pulled up 35 she lifted hf r arms above her head. IMM. then stated that
she asked her dad what he was doing and he said nothing. JMM stated her dad then
touched her nose with his hand for her to smell it and she told her dad he was nasty.
•MA stated that her dad had touched her hi the kitchen, living room, and her •
bedroom.MMfc stated that heiylnd pulled her pants down when he touched her.
described her dad touching her as a poke and stated that it wns inside her body.
I stated this first started happening when she was four years old. VHM. then
details a conversation she had with her mother about her dad touching her
(inappropriately after the first time it happened. MMB^ta ted* that her mother said that
if her dad docs not stop doing that to herMMt won't be his baby girl anymore and
that she willbc her mother's baby girl. MHB went on the state that her dad had also
iouchedMMR's breasts. MMA stated she was in the same room when it happened.
When MML was asked to show how dad touched her by using a female doll,MMB
repeatedly poked the crotch of the doll. The conversation was then directed back to the
topic of her dad touching ••M's breast.MMR stated that it occurred numerous
times and he touched her skin with his fingers.
then reaffirmed that
have all touched her breasts.
\nt on to
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SHANNON CO CIRCUIT C
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describe thatMMHttfe touched her breasts on her skin. MMV. then stated her mom
touched her breasts when she was Washing her with a rag. Then MMK stated AMff
Alrim(brother) licked her breasts with his tongue. She stated that tMHB pulled her
shirt down to lick her. ***** stated thatttMMdid this more than one time. Later on
in the interview,MUM. statcdtiMPpffHHIt- touched her crotch with his hand and then
tank it outttMflF. stated•«••• then went into bathroom and played with his wee-wee.
stated after he played wcc^wee he came out of the bathroom and told her.
stntedOMM has only touched her crotch one time and touched her inside her
body.
$
VBt >v;ts :llso interviewed by Tina; Ahad. During the interview,, ••M was asked if
she ever had to do anything to a boy's ding dong, she stated that she usually teHs them
to keep it to themselves and walks uway. MHB- said sometimes they get niad.WB
also stated shu was has not been sexually active.
On 02/25/2014,1 received the Sexual Assault Forensic Examination paper work for
MVM and VMMIand began reviewing it The physical examination for all of the
children was perforhied $y Celeste \Villiams, Is a Nurse Practitioner and is employed by
the Child Advocacy Center.
*
i
In the narrative portion of •••• medical exam completed by Celeste Williams it
states., "At anterior or top of labia has a small adhesion with an acute tear." During a
telephone conversation with Celeste Williams on 02/19/2014, she also stated that the
tear under the labia has been caused; by some trauma and could be caused by digital
penetration. She also stated there was bluish discoloration between the vagind and,
rectum tnat appeared to fee bruising. This information is also reflected £n her narrative
report of MMI Further in the narrative it states that MMt has a "foul odor, skin
that is dirt stained/embedded, multiple healing sore? ou skin cause concern lor neglect."
In the findings section of the report, Celeste Williams notes that the history and
behavior of MOTt is consistent >vilh sexual abuse/assault. Celeste Williams also notes
in this section that physical findings present are consistent with sexual abuse/assault. It
was also noted in the report that MOT9s hymen was intact
&
In the narrative portion of VMM's medical exam completed by Ceteste Williams it
states that Mm had "a healed transaction of the hymen at 8 o'clock that is consistent
with blunt force trauma penetrating the hymen. Celeste Williams noted that the
physical findings present are consistent with sexual abuse/assault During a telephone
conversation with Celeste Williams on 02/19/2014, she further the described the
physical findings on VBHM as a complete tearing of the hymvn at 8 o'clock. She also
stated this is consistent with penetrating trauma? and could bo either penile or digital
penetration. Slie further stated in the conversation that the tear was completely healed
and the trauma did not occur within the last week.
R E C E I V E D TIME
FEB. 2 7 .
9:55AM
P R I N T TIME
FEB. 11 1 0 : 0 6 A M
'7/2814
09:56
1
SHANNON CO CIRCUIT C
02-2n-14;OS:10AM;
«
PwGE
;
(a) I believe that the defendant will not appear in court in response to'a criminal
sutmnous because: The nature of this crime is heinous and without regard to the
innocence of the children belonging to the suspect. This crime carries with it a
severe punishment which could include a lengthy prison sentence. The nature of the
crime also carries a social stigma in which society tends to cast out a suspect or
convict of crimes of this nature. Therefore, it leads me to believe that the suspect
would not appear in open court io face charges of this nature without being
compelled to do so by a warrant for her arrest
(b) Ifoelieve that the defendant poses a danger to: One of the victims of these crimes is
ail immediate blood relative of the suspect. The suspect retains her parental rights
at this time. These crimes were facilitated1^ due the nature of that relationship.
Given that relationship it creates a situation where u substantial risk to the
children's physical well-being and mental state and are also placed in constant
jeopardy.
(c) Or a danger to the community because: Anyone who has a child and purports to
love that child and would commit these crimes against that child should be deemed
a sexual predator. Therefore, it creates a substantial risk to the community and the
public as a whole.
SgL Travis Howell / DSN#101
Wlnona Police Department
R E C E I V E D TIME
F E B .2 7 ,
9:55AM
P R I N T TIME
FEB.27. 10
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