Preview
Filed: 4/24/2023 4:14 PM
J OHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 74963710
By: Shailja Dixit
4/24/2023 4:20 PM
CAUSE NO. 21-CV-0818
THE STATE OF TEXAS IN THE DISTRICT COURT OF
Vv. GALVESTON COUNTY, TEXAS
ONE 2014 GMC SIERRA 56th JUDICIAL DISTRICT
PICKUP TRUCK
FIRST AMENDED NOTICE OF SEIZURE AND INTENDED FORFEITURE
Jack Roady, Criminal District Attorney of Galveston County, Texas, for the State of Texas,
files this Notice of Seizure and Intended Forfeiture of ONE 2014 GMC SIERRA PICKUP
TRUCK, VIN: 1GTR1UEC7EZ109797. This Amended Notice of Seizure is to add a new party.
I DISCOVERY LEVEL
Plaintiff intends to conduct discovery pursuant to the discovery control plan Level 2. Tex. R.
Civ. P. 190.3.
Il. DEFENDANT CONTRABAND
Defendant is the following property:
ONE 2014 GMC SIERRA PICKUP TRUCK, VIN: 1GTRIUEC7EZ109797
Il. RESPONDENTS
A certified copy of this Notice should be served on the following person or persons, who
may own, have an interest in, or claim to own or have an interest in the seized property, and who
may be served with process at the address indicated:
SAMUEL JAMES KINSEY FELICIA LYNN VALUSEK
7318 AVENUE O 7015 SHANNON
SANTA FE, TX 77510 HITCHCOCK, TX 77563
DOB: 2/18/1981 DOB: 10/22/1969
MATTHEW WILLIAM JAMES
8222 NEVILLE AVE
HITCHCOCK, TX 77563
DOB: 7/9/1999
Iv. SEIZURE
In Galveston County, Texas, on 5/11/2021, C. DENTON, a Peace Officer employed by the
HITCHCOCK POLICE DEPARTMENT, a political subdivision of the State authorized by law
to employ peace officers, seized the property described in Paragraph II.
Vv. CRIMINAL ACTIVITY
The property listed in Paragraph II is contraband and is subject to forfeiture by authority of
Chapter 59 of the Texas Code of Criminal Procedure, as the property was used in the commission
of, intended to be used in the commission of, is proceeds gained from, or was acquired with proceeds
gained from, the commission of the following felony or felonies:
TEXAS PENAL CODE 71.032 ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
The sworn statement of the seizing officer which contains a schedule of the property seized,
an acknowledgment that the officer has seized the property, and a list of the officer's reasons for the
seizure is attached hereto as "APPENDIX A" and is incorporated herein.
VI. REQUESTS FOR DISCLOSURE
Pursuant to Rule 194, each respondent is requested to disclose, within 50 days of service of
this request, the information or material described in Texas Rule of Civil Procedure 194.2 (a) — (f)
and (i) - (1).
Vil. PRAYER
The State of Texas prays that this Court find that the seized property is contraband and order
it forfeited to the State pursuant to Texas Code of Criminal Procedure Chapter 59, and for such other
relief at law or in equity to which the State of Texas may be entitled.
Respectfully submitted,
JACK ROADY
CRIMINAL DISTRICT ATTORNEY
GALVESTON COUNTY, TEXAS
/s/ Megan Jones
MEGAN JONES
ASST. CRIMINAL DISTRICT ATTORNEY
600 59™ Street, Suite 1001
Galveston, Texas 77551
Megan.Jones@galvestoncountytx.gov
Telephone (409) 766-2355
Fax (409) 765-3132
SBN: 24070024
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document, with the attachment, is being served on the
person identified below as indicated, on April 24, 2023.
/s/ Megan Jones
MEGAN JONES
ASST. CRIMINAL DISTRICT ATTORNEY
Donald LeGrand Jr.
legrand-law-office@sbcglobal.net
Attorney for Respondent,
Samuel James Kinsey
APPENDIX WA”
BE
STATE OF TEXAS
COUNTY OF GALVESTON
NOTICE AFFIDAVIT
PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE CHAPTER 59
HITCHCOCK POLICE DEPARTMENT CONTRABAND FORFEITURE CASE
BEFORE ME, the undersigned authority, on this day appeared CODIE DENTON, who, under
oath, did state:
1 “My name is CopIE DENTON. I am over 21 years of age, have never been convicted of a
felony or a crime of moral turpitude, and am fully competent to make this affidavit. This affidavit
is based on my personal knowledge and my professional knowledge, training, skills, and
experience as a law enforcement officer, including my participation in the investigation described
herein, consultation with fellow officers participating in the investigation who I know to be
credible, and the review of documentation kept in the normal course of this investigation.
2. I have been a sworn Texas Peace Officer since 2018. I hold a basic peace officer’s license
from the Texas Commission on Law Enforcement. I have worked as a licensed Texas Peace
Officer for the City of Hitchcock (Hitchcock Police Department) since 2018. I have worked as a
patrol officer, instructor, and training coordinator. I currently serve as a patrol officer in the Patrol
Division of the Hitchcock Police Department. I have received formal and field training in theft
investigations. I am familiar with the practices of property theft, especially in the Hitchcock, Texas
area. I am familiar with the ways in which property theft offenders conduct their business,
including, the way they conduct transactions, their methods of acquiring and distributing stolen
property, their use of cellular telephones and digital devices, their use of numerical codes and code
Page 1 of 4
BO
~ words to conduct these transactions and keep their real nature hidden, and their methods of hiding
the proceeds of their trafficking and other assets, including the practice of holding assets in the
names of other persons.
3 On 05/11/2021, in the course of HITCHCOCK POLICE DEPARTMENT CASE NUMBER 21-
0257 IN CONNECTION WITH GALVESTON COUNTY SHERIFF'S OFFICE CASE NUMBERS 21-
00001523, 21-00001533, 21-00001941, 21-00001957, 21-00002358, 21-00002359 / GALVESTON
POLICE DEPARTMENT CASE NUMBER 21-002600 / HITCHCOCK POLICE DEPARTMENT CASE
NUMBERS
RRS 21-0080,
BO 21-0118
EEE /_T1Ki ISLAND POLICE DEPARTMENT CASE NUMBERS 2021-006.
2021-008 /_TRINITY COUNTY SHERIFF’S OFFICE CASE NUMBERS 21-0224, 21-0226 /_AND
TRINITY POLICE DEPARTMENT CASE NUMBER 21050045 I impounded the following property as
subject to forfeiture pursuant to Texas Code of Criminal Procedure Chapter 59:
Black 2014 GMC Sierra Four Door Pickup
TXLP: GPS4165
VIN# 1GTRIUEC7EZ109797
4. The contraband was seized in Galveston County from:
KINSEY, SAMUEL JAMES
DOB: 02/18/1981
7318 AVEO
SANTA FE TX, 77510
5. I have probable cause to believe that the impounded property is contraband. Based on my
knowledge, training, and experience as a peace officer, as well as my investigation of this case, I
conclude that there is a substantial connection between the property impounded in this case and
the commission of the crime or crimes of:
Page 2 of 4
TEXAS PENAL CODE 71.032 ENGAGING IN ORGANIZED
CRIMINAL ACTIVITY.
6 On 05/11/2021, Hitchcock Police Department responded to 8222 Neville St. Hitchcock
TX, 77563 for possible stolen property involving Bradley James. While Officers and Deputies
were at the location multiple items were located and identified as stolen by Galveston County
Sheriff's Office Auto Crimes Task Force Deputies.
7
During the investigation law enforcement officer found evidence of 13 items of property
which were stolen. The items stolen were reported from six different law enforcement agencies in
10 separate case reports. Officers received a statement from Felicia Wagner who stated,” This is
the truck (the black GMC pickup) that was used in Trinity to steal the trailer.” Deputies and
Officers also located two license plates in the truck which returned to the trailer reported stolen by
Trinity Police Department, Case # 20210505 and the trailer stolen out of Gilchrist Texas reported
stolen by GCSO, Case # 21-1533. Deputies with Galveston County Sheriff’s Office also have
photo evidence of the black GMC pickup with the license plate visible pulling stolen trailers.
8 Based on their actions, and which this seizure is based on, Kinsey, Samuel James / James,
Matthew William / Isam, Rick Irwin is charged with:
TEXAS PENAL CODE 71.032 ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
9 Based on my training and law enforcement experience and my participation in this case, I
conclude that, more likely than not, Samuel Kinsey, Matthew James, and Rick Isam possessed
Page 3 of 4
$76,000.00 in stolen property, and acquired such property by the coordinated acts of theft which
is a felony violation of the Texas Penal Code 71.032 Engaging in Organized Criminal Activity. I
also conclude that, more likely than not, Samuel Kinsey unlawfully acquired the $76,000.00 in
deprived property with the intent to deprive more, deliver, sell, and or did deliver stolen property,
a felony violation of Texas Penal Code 71.032 Engaging in Organized Criminal Activity.
10. Based on my knowledge, training, and experience as a peace officer, and my investigation
of this case, it is my professional judgment that, more likely than not, the impounded vehicle is
substantially connected to one or more felony violations of the Texas Penal Code 79.02 in that the
vehicle was used in, intended to be used in, is proceeds of, or was acquired with proceeds of the
possession of, possession with intent to acquire/deliver and or delivery of stolen property in an
organized manner of the three known actors. Therefore, the vehicle is subject to forfeiture under
Texas Code of Criminal Procedure Chapter 59.”
RS
CopIiE DENTON
SWORN PEACE OFFICER
SUBSCRIBED AND SWORN TO BEFORE ME by CODIE DENTON on the 0 day of
2021, to certify which tness my hand and seal of office.
MARIA F GUERRERO VAZQUEZ
Hy
pA WL
Notary Pub fic or Sworn Peace O:
Tayre
Cer
lotary Public, State of Texas State of Texas
comm, Expires 01-29-2025
Notary ID 13290195+7
Magra€. Cueyvena Vazqute &
Printed Name, Badge No., & Agency
Page 4 of 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 74963710
Filing Code Description: Amended Petition
Filing Description: First Amended Notice of Seizure and Intended
Forfeiture
Status as of 4/24/2023 4:24 PM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
Donald GLeGrand legrand-law-office@ sbcglobal.net } 4/24/2023 4:14:00 PM SENT
Preview
Filed: 4/24/2023 4:14 PM J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 74963710 By: Shailja Dixit 4/24/2023 4:20 PM CAUSE NO. 21-CV-0818 THE STATE OF TEXAS IN THE DISTRICT COURT OF Vv. GALVESTON COUNTY, TEXAS ONE 2014 GMC SIERRA 56th JUDICIAL DISTRICT PICKUP TRUCK FIRST AMENDED NOTICE OF SEIZURE AND INTENDED FORFEITURE Jack Roady, Criminal District Attorney of Galveston County, Texas, for the State of Texas, files this Notice of Seizure and Intended Forfeiture of ONE 2014 GMC SIERRA PICKUP TRUCK, VIN: 1GTR1UEC7EZ109797. This Amended Notice of Seizure is to add a new party. I DISCOVERY LEVEL Plaintiff intends to conduct discovery pursuant to the discovery control plan Level 2. Tex. R. Civ. P. 190.3. Il. DEFENDANT CONTRABAND Defendant is the following property: ONE 2014 GMC SIERRA PICKUP TRUCK, VIN: 1GTRIUEC7EZ109797 Il. RESPONDENTS A certified copy of this Notice should be served on the following person or persons, who may own, have an interest in, or claim to own or have an interest in the seized property, and who may be served with process at the address indicated: SAMUEL JAMES KINSEY FELICIA LYNN VALUSEK 7318 AVENUE O 7015 SHANNON SANTA FE, TX 77510 HITCHCOCK, TX 77563 DOB: 2/18/1981 DOB: 10/22/1969 MATTHEW WILLIAM JAMES 8222 NEVILLE AVE HITCHCOCK, TX 77563 DOB: 7/9/1999 Iv. SEIZURE In Galveston County, Texas, on 5/11/2021, C. DENTON, a Peace Officer employed by the HITCHCOCK POLICE DEPARTMENT, a political subdivision of the State authorized by law to employ peace officers, seized the property described in Paragraph II. Vv. CRIMINAL ACTIVITY The property listed in Paragraph II is contraband and is subject to forfeiture by authority of Chapter 59 of the Texas Code of Criminal Procedure, as the property was used in the commission of, intended to be used in the commission of, is proceeds gained from, or was acquired with proceeds gained from, the commission of the following felony or felonies: TEXAS PENAL CODE 71.032 ENGAGING IN ORGANIZED CRIMINAL ACTIVITY The sworn statement of the seizing officer which contains a schedule of the property seized, an acknowledgment that the officer has seized the property, and a list of the officer's reasons for the seizure is attached hereto as "APPENDIX A" and is incorporated herein. VI. REQUESTS FOR DISCLOSURE Pursuant to Rule 194, each respondent is requested to disclose, within 50 days of service of this request, the information or material described in Texas Rule of Civil Procedure 194.2 (a) — (f) and (i) - (1). Vil. PRAYER The State of Texas prays that this Court find that the seized property is contraband and order it forfeited to the State pursuant to Texas Code of Criminal Procedure Chapter 59, and for such other relief at law or in equity to which the State of Texas may be entitled. Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY, TEXAS /s/ Megan Jones MEGAN JONES ASST. CRIMINAL DISTRICT ATTORNEY 600 59™ Street, Suite 1001 Galveston, Texas 77551 Megan.Jones@galvestoncountytx.gov Telephone (409) 766-2355 Fax (409) 765-3132 SBN: 24070024 CERTIFICATE OF SERVICE I certify that a copy of the foregoing document, with the attachment, is being served on the person identified below as indicated, on April 24, 2023. /s/ Megan Jones MEGAN JONES ASST. CRIMINAL DISTRICT ATTORNEY Donald LeGrand Jr. legrand-law-office@sbcglobal.net Attorney for Respondent, Samuel James Kinsey APPENDIX WA” BE STATE OF TEXAS COUNTY OF GALVESTON NOTICE AFFIDAVIT PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE CHAPTER 59 HITCHCOCK POLICE DEPARTMENT CONTRABAND FORFEITURE CASE BEFORE ME, the undersigned authority, on this day appeared CODIE DENTON, who, under oath, did state: 1 “My name is CopIE DENTON. I am over 21 years of age, have never been convicted of a felony or a crime of moral turpitude, and am fully competent to make this affidavit. This affidavit is based on my personal knowledge and my professional knowledge, training, skills, and experience as a law enforcement officer, including my participation in the investigation described herein, consultation with fellow officers participating in the investigation who I know to be credible, and the review of documentation kept in the normal course of this investigation. 2. I have been a sworn Texas Peace Officer since 2018. I hold a basic peace officer’s license from the Texas Commission on Law Enforcement. I have worked as a licensed Texas Peace Officer for the City of Hitchcock (Hitchcock Police Department) since 2018. I have worked as a patrol officer, instructor, and training coordinator. I currently serve as a patrol officer in the Patrol Division of the Hitchcock Police Department. I have received formal and field training in theft investigations. I am familiar with the practices of property theft, especially in the Hitchcock, Texas area. I am familiar with the ways in which property theft offenders conduct their business, including, the way they conduct transactions, their methods of acquiring and distributing stolen property, their use of cellular telephones and digital devices, their use of numerical codes and code Page 1 of 4 BO ~ words to conduct these transactions and keep their real nature hidden, and their methods of hiding the proceeds of their trafficking and other assets, including the practice of holding assets in the names of other persons. 3 On 05/11/2021, in the course of HITCHCOCK POLICE DEPARTMENT CASE NUMBER 21- 0257 IN CONNECTION WITH GALVESTON COUNTY SHERIFF'S OFFICE CASE NUMBERS 21- 00001523, 21-00001533, 21-00001941, 21-00001957, 21-00002358, 21-00002359 / GALVESTON POLICE DEPARTMENT CASE NUMBER 21-002600 / HITCHCOCK POLICE DEPARTMENT CASE NUMBERS RRS 21-0080, BO 21-0118 EEE /_T1Ki ISLAND POLICE DEPARTMENT CASE NUMBERS 2021-006. 2021-008 /_TRINITY COUNTY SHERIFF’S OFFICE CASE NUMBERS 21-0224, 21-0226 /_AND TRINITY POLICE DEPARTMENT CASE NUMBER 21050045 I impounded the following property as subject to forfeiture pursuant to Texas Code of Criminal Procedure Chapter 59: Black 2014 GMC Sierra Four Door Pickup TXLP: GPS4165 VIN# 1GTRIUEC7EZ109797 4. The contraband was seized in Galveston County from: KINSEY, SAMUEL JAMES DOB: 02/18/1981 7318 AVEO SANTA FE TX, 77510 5. I have probable cause to believe that the impounded property is contraband. Based on my knowledge, training, and experience as a peace officer, as well as my investigation of this case, I conclude that there is a substantial connection between the property impounded in this case and the commission of the crime or crimes of: Page 2 of 4 TEXAS PENAL CODE 71.032 ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. 6 On 05/11/2021, Hitchcock Police Department responded to 8222 Neville St. Hitchcock TX, 77563 for possible stolen property involving Bradley James. While Officers and Deputies were at the location multiple items were located and identified as stolen by Galveston County Sheriff's Office Auto Crimes Task Force Deputies. 7 During the investigation law enforcement officer found evidence of 13 items of property which were stolen. The items stolen were reported from six different law enforcement agencies in 10 separate case reports. Officers received a statement from Felicia Wagner who stated,” This is the truck (the black GMC pickup) that was used in Trinity to steal the trailer.” Deputies and Officers also located two license plates in the truck which returned to the trailer reported stolen by Trinity Police Department, Case # 20210505 and the trailer stolen out of Gilchrist Texas reported stolen by GCSO, Case # 21-1533. Deputies with Galveston County Sheriff’s Office also have photo evidence of the black GMC pickup with the license plate visible pulling stolen trailers. 8 Based on their actions, and which this seizure is based on, Kinsey, Samuel James / James, Matthew William / Isam, Rick Irwin is charged with: TEXAS PENAL CODE 71.032 ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. 9 Based on my training and law enforcement experience and my participation in this case, I conclude that, more likely than not, Samuel Kinsey, Matthew James, and Rick Isam possessed Page 3 of 4 $76,000.00 in stolen property, and acquired such property by the coordinated acts of theft which is a felony violation of the Texas Penal Code 71.032 Engaging in Organized Criminal Activity. I also conclude that, more likely than not, Samuel Kinsey unlawfully acquired the $76,000.00 in deprived property with the intent to deprive more, deliver, sell, and or did deliver stolen property, a felony violation of Texas Penal Code 71.032 Engaging in Organized Criminal Activity. 10. Based on my knowledge, training, and experience as a peace officer, and my investigation of this case, it is my professional judgment that, more likely than not, the impounded vehicle is substantially connected to one or more felony violations of the Texas Penal Code 79.02 in that the vehicle was used in, intended to be used in, is proceeds of, or was acquired with proceeds of the possession of, possession with intent to acquire/deliver and or delivery of stolen property in an organized manner of the three known actors. Therefore, the vehicle is subject to forfeiture under Texas Code of Criminal Procedure Chapter 59.” RS CopIiE DENTON SWORN PEACE OFFICER SUBSCRIBED AND SWORN TO BEFORE ME by CODIE DENTON on the 0 day of 2021, to certify which tness my hand and seal of office. MARIA F GUERRERO VAZQUEZ Hy pA WL Notary Pub fic or Sworn Peace O: Tayre Cer lotary Public, State of Texas State of Texas comm, Expires 01-29-2025 Notary ID 13290195+7 Magra€. Cueyvena Vazqute & Printed Name, Badge No., & Agency Page 4 of 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 74963710 Filing Code Description: Amended Petition Filing Description: First Amended Notice of Seizure and Intended Forfeiture Status as of 4/24/2023 4:24 PM CST Case Contacts Name BarNumber | Email TimestampSubmitted | Status Donald GLeGrand legrand-law-office@ sbcglobal.net } 4/24/2023 4:14:00 PM SENT