Delphi Murders - Allen Probable Cause Affidavit

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STATE OF INDIANA

COUNTY OF CARROLL

STATE OF INDIANA

VS.

RICHARD M. ALLEN

SS:
CARROLL CIRCUIT COURT

DELPHI, INDIANA



CAUSE NO. 08C01-2210-MR-01

PROBABLE CAUSE AFFIDAVIT

I, the undersigned affiant, submit the following information pursuant to I.C. 35-33-7-2 as a sworn affidavit setting forth the facts and circumstances known to law enforcement of Carroll County as the basis for probable cause to arrest without a warrant or to establish probable cause for issuance of an arrest warrant for the above named defendant.

That the facts and circumstances described below would be sufficient basis for a person of reasonable caution and prudence to believe that the accused has committed or attempted to commit the offense(s) described and that if arrested without a warrant, such would be authorized under I.C. 35-33-1-1. That the hearsay statements of witnesses contained herein are considered reliable and credible due to the witness's personal knowledge and/or are corroborated by the totality of the circumstances.

That on February 14th, 2017 Victim 1 and Victim 2 were found deceased in the woods approximately 0.2 miles northeast of the Monon High Bridge in Carroll County. Their bodies were located on the north side of the Deer Creek.

At the time, the Monon High Bridge Trail was an approximately 1 mile gravel trail terminating at the Monon High Bridge. The Monon High Bridge is an abandoned railroad trestle approximately 0.25 miles long spanning the Deer Creek and Deer Creek valley on the southeast end of the trail. Approximately 0.7 miles northwest on the trail from the northwestern edge of the Monon High Bridge is the Freedom Bridge, which is a pedestrian bridge spanning State Road 25. Approximately 350 feet west of Freedom Bridge was a former railroad overpass over Old State Road 25 (also known as County Road 300 North). The trail terminates just west of the former railroad overpass. The majority of the trail is in a wooded area with a steep embankment on the south side of the trail. The entirety of the trail and the location of the girls bodies were and are located in Carroll County, Indiana.

Through interviews, reviews of electronic records, and review of video at the Hoosier Harvestore, investigators believe Victim 1 and Victim 2 were dropped off across from the Mears Farm at 1:49 p.m. on February 13th, 2017 by ______. The Mears farm is located on the north side of County Road 300 North near an entrance to the trails. A video from Victim 2's phone shows that at 2:13 p.m. Victim 1 and Victim 2 encountered a male subject on the southeast portion of the Monon High Bridge. The male ordered the girls "Guys, Down the hill". No witnesses saw them after this time. No outgoing communications were found on Victim 2's phone after this time. Their bodies were discovered on February 14th, 2017.

The video recovered from Victim 2's phone shows

A still photograph taken from the video and the "Guys, Down the hill" audio was subsequent released to the public to assist investigators in identifying the male.

Victim 1 and Victim 2's deaths were ruled as homicides. Clothes were found in the Deer Creek belonging to Victim 1 and Victim 2, south of where their bodies were located. There was also a .40 caliber unspent round less than two feet away from Victim 2's body, between Victim 1 and Victim 2's bodies. The round was unspent and had extraction marks on it.

Interviews were conducted with 3 juveniles ______, ______ and ______. They advised they were on the Monon High Bridge Trail on February 13th, 2017. They advised they were walking on the trail toward Freedom Bridge to go home when they encountered a male walking from Freedom Bridge toward the Monon High Bridge.

Investigators spoke with ______ who advised she was on the trails on February 13th, 2017. Video from the Hoosier Harvestore captured ______ vehicle traveling eastbound at 1:46p.m. toward the entrance across from the Mears farm. ______ advised she saw 4 juvenile females walking on the bridge over Old State Road 25 as she was driving underneath on her way to park. ______ advised there were no other cars parked across from the Mears farm when she parked. She advised she walked to the Monon High Bridge and observed a male matching the one from Victim 2's video. She described the male she saw as a white male, wearing blue jeans and a blue jean jacket. She advised he was standing on the first platform of the Monon High Bridge, approximately 50 feet from her. She advised she turned around at the bridge and continued her walk. She advised approximately halfway between the bridge and the parking area across from Mears farm, she passed two girls walking toward Monon High Bridge. She advised she believed the girls were Victim 1 and Victim 2. Video from the Hoosier Harvestore shows at 1:49 pan. a white car matching ______ vehicle traveling away from the entrance across from the Mears farm. ______ advised she finished her walk and saw no other adults other than the male on the bridge, Her vehicle is seen on Hoosier Harvestore video at 2:14 pan. leaving westbound from the trails. ______ advised when she was leaving she noted a vehicle was parked in an odd manner at the old Child Protective Services building. She said it was not odd for vehicles to be parked there but she noticed it was odd because of the manner it was parked, backed in near the building.

Investigators received a tip from ______ in which he stated he was on his way to Delphi on State Road 25 around 2:10 p.m. on February 13th, 2017, He observed a purple PT Cruiser or a small SUV type vehicle parked on the south side of the old CPS building. He stated it appeared as though it was backed in as to conceal the license plate of the vehicle. ______ ______ both drew diagrams of where they saw the vehicle parked and their diagrams generally matched as to the area the vehicle was parked and the manner in which it was parked. ______ advised he remembered seeing a smaller dark colored car parked at the old CPS building. He described it as possibly being a "smart" car. ______ vehicle is seen leaving at 2:28 p.m. on the Hoosier Harvestore video.

Investigators spoke with ______, who stated that she was traveling East on 300 North on February 13th, 2022 and observed a male subject walking west, on the North side of 300 North, away from the Monon High Bridge. ______ advised that the male subject was wearing a blue colored jacket and blue jeans and was muddy and bloody. She further stated, that it appeared he had gotten into a fight Investigators were able to determine from watching the video from the Hoosier Harvestore ______ that was traveling on CR 300 North at approximately 3:57 p.m.

Through interviews, electronic data, photographs, and video from the Hoosier Harvestore investigators determined that there were other people on the trail that day after 2:13 p.m. Those people were interviewed and none of those individuals encountered the male subject referenced above, witnessed by the juvenile girls, ______ and ______. Further none of those individuals witnessed Victim 1 and Victim 2.

Investigators reviewing prior tips encountered a tip narrative from an officer who interviewed Richard M. Allen in 2017. That narrative stated:

Mr. Allen was on the trail between 1330-1530. He parked at the old Farm Bureau building and walked to the new Freedom Bridge. While at the Freedom Bridge he saw three females. He noted one was taller and had brown or black hair. He did not remember description nor did he speak with them. He walked from the Freedom Bridge to the High Bridge. He did not see anybody, although he stated he was watching a stock ticker on his phone as he walked. He stated there were vehicles parked at the High Bridge trail head, however did not pay attention to them. He did not take any photos or video. His cell phone did not list an IMEI but did have the following:
  • MEID-256 691 463 100 153 495
  • MEIDHEX-9900247025797
Potential follow up information: Who were the three girls walking in the area of Freedom Bridge?
Investigators believe Mr. Alien was referring to the former Child Protective Services building as there was not a Farm Bureau building in the area nor had there been. Investigators believe the females he saw included ______ and ______ due to the time they were leaving the trail, the time he reported getting to the trail, and the descriptions the three females gave.

Investigators discovered Richard Allen owned two vehicles in 2017 - a 2016 black Ford Focus and a 2006 gray Ford 500. Investigators observed a vehicle that resembled Allen's 2016 Ford Focus on the Hoosier Harvestore video at 1:27 p.m. traveling westbound on CR 300 North in front of the Hoosier Harvestore, which coincided with his statement that he arrived around 1:30 p.m. at the trails. Investigators note witnesses described the vehicle parked at the former Child Protective Services Building as a PT Cruiser, small SUV, or "Smart" car. Investigators believe those descriptions are similar in nature to a 2016 Ford Focus.

On October 13th, 2022 Richard Allen was interviewed again by investigators. He advised he was on the trails on February 13th, 2017. He stated he saw juvenile girls on the trails east of Freedom Bridge and that he went onto the Monon High Bridge. Richard Allen further stated he went out onto the Monon High Bridge to watch the fish. Later in his statement, he said he walked out to the first platform on the bridge. He stated he then walked back, sat on a bench on the trail and then left. He stated he parked his car on the side of an old building. He told investigators that he was wearing blue jeans and a blue or black Carhartt jacket with a hood. He advised he may have been wearing some type of head covering as well. He further claimed he saw no one else except for the juvenile girls he saw east of the Freedom Bridge. He told investigators that he owns firearms and they are at his home.

Richard M. Allen's wife, Kathy Allen, also spoke to investigators. She confirmed that Richard did have guns and knives at the residence. She also stated that Richard still owns a blue Carhartt jacket.

On October 13th, 2022, Investigators executed a search warrant of Richard Allen's residence at 1967 North Whiteman Drive, Delphi, Carroll County, Indiana. Among other items, officers located jackets, boots, knives and firearms, including a Sig Sauer, Model P226, .40 caliber pistol with serial number U 625 627.

Between October 14th, 2022 and October 19th, 2022 the Indiana State Police Laboratory performed an analysis on Allen's Sig Sauer Model P226. The Laboratory performed a physical examination and classification of the firearm, function test, barrel and overall length measurement, test firing, ammunition component characterization, microscopic comparison, and NIBIN. The Laboratory determined the unspent round located within two feet of Victim 2's body had been cycled through Richard M, Allen's Sig Sauer Model P226. The Laboratory remarked:

An identification opinion is reached when the evidence exhibits an agreement of class characteristics and a sufficient agreement of individual marks. Sufficient agreement is related to the significant duplication of random striated/impressed marks as evidenced by the correspondence of a pattern or combination of patterns of surface contours. The interpretation of identification is subjective in nature, and based on relevant scientific research and the reporting examiner's framing and experience.
Investigators then ran the firearm and found that the firearm was purchased by Richard Allen in 2001. Richard Allen voluntarily came to the Indiana State Police post on October 25th, 2022. He spoke with investigators and stated that he never allowed anyone to use or borrow the Sig Sauer Model P226 firearm. When asked about the unspent bullet, he did not have an explanation of why the bullet was found between the bodies of Victim 1 and Victim 2. He again admitted that he was on the trail but denied knowing Victim 1 or Victim 2 and denied any involvement in their murders.

Carroll County Sheriff's Department Detective has been part of the investigation since it started in 2017. He has had an opportunity to review and examine evidence gathered in this investigation. Detective ______, along with other investigators, believe the evidence gathered shows that Richard Allen is the male subject seen on the video from Victim 2's phone who forced the victims down the hill. Further, that the victims were forced down the hill by Richard Allen and lead to the location where they were murdered. Through the statements and photographs of the Juvenile females and the statement of and were at the southeast edge of the trail at 12:43 p.m., east of Freedom Bridge at 1:26 p.m., and walked across the former railroad overpass over Old State Road 25 after 1:26 p.m. and before 1:46 p.m. They walked the entirety of the frail and observed only one person - an adult male, vehicle is seen on Hoosier Harvestore video at 1:46 p.m. and leaving at 2:14 p.m. and she stated she only saw one adult male. ______, and described the male in similar manners, wearing similar clothing, leading investigators to believe all four saw the same male individual.

Investigators believe the male observed by ______, ______ and ______is the same male depicted in the video from Victim 2's phone due to the descriptions of the male by the four females matching the male in the video. Furthermore, Victim 2's video was taken at 2:13p.m., and saw only one male while she was on the trail from approximately 1:46 p.m. to 2:14 p.m. Investigators believe Richard Allen was the male seen by and and the male seen in Victim 2's video. Richard Allen told investigators he was on the trail from 1:30 p.m. to 3:30 p.m. that day. Video from Hoosier Harvestore shows a vehicle that matches the description of Richard Allen's vehicle passing at 1:27 p.m. toward the former CPS budding. The clothing he told investigators he was wearing match the clothing of the male in Victim 2's video and the clothing descriptions provided by ______, ______ and ______. A vehicle matching the description of his 2016 Ford Focus is seen at or around 2:10 p.m., 2:14 p.m., and 2:28 p.m. at the former CPS building. Through his own admissions, Richard Allen walked the trails and eventually hiked to the Monon High Bridge and walked out onto the Monon High Bridge.

A male subject matching Richard Allen's description was not seen on the trail after 2:13 p.m. Investigators identified other individuals on the trails or C.R. 300 North between 2:30 p.m. and 4:11 p.m. - None of those individuals saw a male subject matching the description of Richard Allen on the trail. Furthermore, Richard Allen stated that he only saw three girls on the trail, who investigators believe to be ______

Investigators believe Richard Alien was not seen on the trail after 2:13p.m. because he was in the woods with Victim 1 and Victim 2. An unspent .40 caliber round between the bodies of Victim 1 and Victim 2, was forensically determined to have been cycled through Richard Allen's Sig Sauer Model P226. The Sig Sauer Model P226 was found at Richard Allen's residence and he admitted to owning it. Investigators were able to determine that he had owned it since 2001. Richard Allen stated he had not been on that property where the unspent round was found, that he did not know the property owner, and that he had no explanation as to why around cycled through his firearm would be at that location. Furthermore, he stated that he never allowed anyone to use or borrow the Sig Sauer Model P226. Investigators believe that after the victims were murdered, Richard Allen returned to his vehicle by walking down CR 300 North. Investigators believe he was seen by ______ walking back to his vehicle on CR 300 north, with clothes that were muddy and bloody.

______, along with investigators, believe the statements made by the witnesses because the statements corroborate the timeline of the death the two victims, as well as coincide with the admissions made by Richard Allen. Further, the accounts relayed by ______, ______and ______ are similar in nature and time stamps on photographs taken by correspond to the times the juvenile females said they were on the trail and saw male individual.

[Note: These descriptions and times are disputed in the Franks memorandum PART III - Liggett Concealed and Falsified Evidence in his Search Warrant Affidavit ...105, which has no formal rebuttal filed by the state, and a ruling from the judge removing the defense attorneys who filed it, a decision in dispute before the Supreme Court of Indiana.]