Preview
2/7/2019 1:27 PM
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-18-006719 D-1-GN-18-006719
Nancy Ramirez
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SANDRA DEE JONES, § IN THE DISTRICT COURT
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Plaintiff, §
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261st JUDICIAL DISTRICT
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KEITH JAMES COTE and §
LINDA COTE, §
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Defendant. § TRAVIS COUNTY, TEXAS
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PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION
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TO THE HONORABLE JUDGE OF SAID COURT:
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COMES NOW, Plaintiff Sandra Dee Jones (“Plaintiff” or “SanDee”) and files this
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First Amended Original Petition complaining of Keith James Cote (“Defendant” or “Keith
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Cote”) and Linda Cote (“Defendant” or “Linda Cote”), and for cause of action respectfully
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shows the Court the following:
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I.
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DISCOVERY CONTROL PLAN
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1. Discovery is intended to be conducted under Level 3 of Texas Rule of Civil
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Procedure 190.
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II.
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STATEMENT OF MONETARY RELIEF SOUGHT
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2. Plaintiff seeks monetary relief over $1,000,000 and all other relief to which the
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Plaintiff is entitled.
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III.
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PARTIES
3. Plaintiff Sandra Dee Jones is an individual residing in Travis County, Texas.
4829-5679-2441
4. Defendant Keith James Cote was, until his death in September of 2018, an
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individual residing in Travis County, Texas at 1729 Dapplegrey Lane, Austin, Texas 78727.
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A proceeding has been instituted to administer Cote’s estate in Cause No. C-1-PB-18-
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002281; Estate of Keith J. Cote, Deceased; in Probate Court No. 1 Travis County, Texas (the
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“Probate Proceeding”). No administrator has yet been appointed.
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5. Defendant Linda Cote is an individual who resides at 801 Rapatel, South
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Mandeville, Louisiana 70448. In the Probate Proceeding, Linda Cote has filed an Application
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for Probate of Holographic Will & Issuance of Letters of Independent Administration with
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Will Annexed (the “Application”) seeking to appoint herself the Independent Administrator
of the Estate of Keith Cote.
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IV.
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JURISDICTION AND VENUE
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6. This Court has the necessary personal and subject matter jurisdiction in that
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the amount in controversy exceeds the minimum jurisdictional requirement of this Court, and
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Plaintiff is a Texas resident.
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7. Venue is proper in Travis County since all or a substantial part of the causes of
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action occurred in this county.
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V.
FACTUAL BACKGROUND
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Summary of Claims
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8. This is a lawsuit for economic and personal injuries that the defendant Keith
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Cote inflicted on plaintiff SanDee Jones. Over the course of more than a decade, through
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repeated and continuing verbal abuse, physical abuse, threats, intimidation, and coercion,
Keith Cote caused SanDee substantial economic loss and severe emotional and psychological
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pain and suffering. Ultimately, Keith Cote attempted to hire a hitman to murder SanDee.
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After sting operations caught Keith on multiple occasions in recorded conversations planning
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the intricate details of SanDee’s demise, Keith was arrested for criminal solicitation of
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capital murder. More than a year later, Keith bonded out of prison and committed suicide.
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SanDee sues the Estate of Keith Cote for intentional infliction of emotional distress, assault,
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breach of contract, and quantum meruit.
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9. In addition, SanDee brings claims against Linda Cote for converting property
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from the Estate of Keith Cote without any legal right to do so. Linda Cote is the sole devisee
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under an alleged holographic will / suicide note found at the scene of Keith’s death. After
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learning of the claims that SanDee had against the Estate of Keith Cote, Linda Cote launched
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a frantic plan to take possession of the Estate assets as quickly as possible and whether or not
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she had a good faith basis to do so. For example, without any authority to do so, Linda Cote
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has removed Keith Cote’s 2012 Cadillac CTS from his residence in Texas and taken it back
to Louisiana. Linda Cote’s conduct is an apparent attempt to denude the Estate of Keith Cote
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so that it cannot afford to pay for the damages Keith inflicted on SanDee over the past
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decade or more. SanDee sues Linda Cote for violations of the Texas Uniform Fraudulent
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Transfer Act among other causes of action.
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SanDee Jones’ and Keith Cote’s One-Time, Consensual Relationship
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10. SanDee Jones met Keith Cote in 2002 in Austin, Texas. For a time, they were
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in a consensual girlfriend / boyfriend relationship. In 2002, SanDee moved from Austin to
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live with Keith Cote in Houston. During their co-habitation, Cote’s conduct became more
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and more volatile, and he began to abuse SanDee, both verbally and physically. Over time,
Cote’s abusive and assaultive behavior worsened. By way of example, in 2005, Cote broke
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SanDee’s ribs. In 2006, Cote tried to strangle SanDee, but she was able break free. Cote then
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threatened her that he would cut her up into little pieces and spread her around the back yard.
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11. In 2006, SanDee left Keith Cote, moved back to Austin, and started a business.
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Cote attempted to reconcile with SanDee.
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12. In 2010, SanDee agreed to move back in with Keith Cote into a house that
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Cote owned at 1729 Dapplegrey Lane in Austin, Texas. As part of their arrangement, Cote
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agreed to deed the house to SanDee. SanDee paid off the remaining balance of the loan on
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the house and also paid for and performed upgrades around the house. Keith Cote knew that
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SanDee was willing to provide the money, materials, and services because he had agreed to
deed the house to SanDee.
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SanDee Breaks Up with Keith, and the Abuse Continues
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13. Ultimately, the relationship did not work out. SanDee moved out of the Austin
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residence. Keith Cote then began hounding SanDee about the house stating that he wanted
her to deed the house back to him. He harassed her relentlessly. He would show up at her
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place of business and disrupt her customers and destroy her property. As result of Keith
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Cote’s extreme and outrageous conduct, ultimately SanDee came to the conclusion that the
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only way she would survive was to break all contact with Keith Cote. By his threats and
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intimidation, Keith Cote coerced SanDee to deed the property back to Cote to secure this
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clean break. Keith Cote never reimbursed SanDee for paying off the home loan or for the
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improvements SanDee had provided to the house.
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14. Thus, in 2012, SanDee broke up with Keith Cote for good and, except for a
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brief stint in 2013 when she tried to help rehabilitate him after an accident that left him
partially paralyzed, SanDee tried to cut Keith Cote completely out of her life. Unfortunately,
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SanDee’s attempts to escape Keith Cote were unsuccessful. Cote continued to threaten and
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abuse SanDee from 2012 until his death in September of 2018.
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15. Keith Cote would not accept the breakup and repeatedly harassed SanDee with
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contact that alternated between attempts at reconciliation and threats that he would hurt or
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kill her. Keith Cote’s threats and abuse created severe anxiety for SanDee, and for many
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years she has lived in constant fear for her life.
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16. Keith Cote’s threats and harassment were continuous from 2012 until his
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incarceration in October of 2017. Cote would leave notes and boxes on SanDee’s doorstep
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and at her place of work. Keith Cote’s continuous unwanted contact left SanDee convinced
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that she would never feel safe until Cote was no longer walking on Earth.
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17. By way of example, in early 2017, Keith Cote left a box on SanDee’s
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doorstep. Fearing that the box might contain something dangerous, like a bomb, SanDee did
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not open it for several days. When she ultimately did open it, the box contained photos, notes
and cards attempting to convince SanDee to reconcile. These items did not make SanDee feel
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safer, rather they made her feel more fearful of Cote because he clearly would not accept that
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their relationship was over. When SanDee didn’t respond to Keith Cote’s overture, Cote
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again contacted her and told her that “This isn’t over, and this isn’t going to go well for you.”
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As a result of Cote’s behavior, SanDee lived in constant fear for her life. She avoided going
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out, and when she did she would wear a disguise.
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Keith Attempts to Hire a Hitman to Kill SanDee
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18. In October of 2017, Keith Cote attempted to hire an ex-marine, Joey Sees, to
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kill SanDee. Cote told Joey that SanDee deserved to die because she was dating a black man.
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Cote said that he wanted kill SanDee himself, but he needed help because he was physically
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incapable of pulling it off.
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19. The “hitman” Cote attempted to hire went to the police, and a combination of
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Travis County and City of Austin authorities executed a sting operation over the course of
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several weeks. Sergeant Darrell Gibson led the investigation. On multiple occasions Keith
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Cote was recorded by wire-tap offering to pay to have the Joey Sees kill SanDee. At one
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point, Keith Cote offered $10,000 for Joey to murder SanDee, and Cote offered a $15,000
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bonus if Joey could arrange it so that Cote could watch.
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20. On October 13, 2017, Detective Gibson contacted SanDee and set up a
meeting. In his written report of his investigation,
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beginning of his first contact with SanDee, she was suspicious that his call was phony, that
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SanDee was on guard and “situationally aware,” and that she was legitimately afraid of Keith
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Cote. Initially, SanDee displayed reluctance even to talk to Detective Gibson. But eventually
Detective Gibson convinced SanDee to come to his Travis County Sheriff’s office for an
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interview.
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21. During the interview, on October 13, Detective Gibson noted, SanDee did not
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appear to be shocked by the allegation that Keith Cote was setting up a contract with
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someone to have her killed. SanDee confirmed that she was dating a black man and that
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Keith Cote was an extreme racist.
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22. SanDee stated that she lived in constant fear of Keith Cote and had since their
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break up several years before. She told Detective Gibson that she would not feel safe as long
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as Cote was alive. Even if he were imprisoned, Keith Cote had the financial resources and
contacts such that he could reach out to someone to have her killed.
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23. At the end of the interview, SanDee agreed to cooperate with the investigation
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and to do whatever the authorities asked of her to assure her safety during the interim.
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24. Detective Gibson and the authorities then conducted surveillance operations
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on several occasions during which Joey Sees would meet with Keith Cote to discuss the
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planned murder for hire. On numerous occasions, Keith Cote was recorded offering Joey
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money to kill SanDee and planning the details of the crime.
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25. Keith Cote gave Joey Sees explicit instructions on how he wanted the murder
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to be accomplished. He wanted the murder to occur between 7:00 p.m. and 7:15 p.m. in the
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parking lot of SanDee’s business. He wanted the murder to occur after SanDee completed a
therapy session with her client whom Keith Cote
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described as a “rich Jewish lawyer who
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drives a grey Mercedes.” He wanted a “head shot.” He specifically asked Joey to walk up
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behind SanDee, shoot her in the back of the head and drag her body to the passenger side of
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her car and to take her purse to make it look like a robbery.
26. On October 21, 2017, Keith Cote was recorded driving a “recon” mission with
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Joey Sees out to the sight of the planned murder. The authorities recorded Keith from
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microphones in Joey’s pickup truck. They also had visual surveillance from helicopters
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above.
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27. After the two returned to Keith Cote’s house, Cote gave Joey Sees $310 in
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cash to purchase the murder weapon. Keith Cote told Joey that if it were not for his accident,
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he would do the job himself. He said would stab SanDee in the heart with an ice pick so that
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he could watch her die.
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28. Keith Cote was arrested on October 23, 2017. He was charged with Criminal
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Solicitation to Commit Capital Murder. The incident received substantial media coverage,
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such as this story in the Austin American Statesman.
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With Help from His Ex-Wife, Linda Cote, Keith Bonds Out of Prison and Kills Himself
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29. Keith Cote spent the better part of the next year in prison.
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30. Sometime on or before August 28, 2018, while still in prison, Keith Cote made
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contact with his long-estranged ex-wife, Linda Cote, and together they hatched a plan the full
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details of which are stillnot known. Linda Cote was Keith Cote’s first ex-wife. (He had a
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second as well.) Keith and Linda Cote had divorced some 30-years earlier. During the years
that SanDee knew Keith Cote, Keith and Linda
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rarely had any interaction at all, and the
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interaction they did have was not at all friendly.
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31. Nevertheless, on August 28, 2018, Keith Cote signed a deed conveying his
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house at 1729 Dapplegrey Lane to Linda Cote. It is unknown what consideration, if any,
Linda Cote paid Keith Cote in exchange for the Austin property.
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32. Within the next two weeks, Linda Cote assisted Keith Cote in finding a bail
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bond agent. On September 6, 2018, Linda had the agent post a $1,000,000 bond, and Keith
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was released from jail.
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33. On information and belief, sometime on or before September 18, 2018, Linda
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Cote had a conversation with Keith Cote during which Keith told Linda that he intended to
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take his own life. On information and belief, Linda Cote did not immediately contact the
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authorities to advise them of Keith Cote’s intentions.
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34. On or around September 18, 2018, Cote committed suicide by cutting his
throat in the bathroom of the house on 1729 Dapplegrey Lane.
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Keith’s Body is Found With an Alleged Holographic Will
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35. On September 18, 2018, Keith Cote’s bail bond agent became concerned when
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Keith stopped responding to her attempts to contact him. Keith had threatened that he was
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considering suicide. The bail bond agent called the Austin Police Department on the evening
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of September 18. The APD made a visit to Keith’s house, but no one responded to knocks on
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the door.
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36. While Keith Cote was still incarcerated, he had told the bonding agent the
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location of a spare key so that she could access his house to take care of his affairs and gather
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required documents. According to the bail bond agent, Keith also allowed a person named
Richard Sanchez access to his house to assist
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Keith in paying bills and taking care of his
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dogs.
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37. On September 19, Keith Cote’s bail bond agent entered his house using the
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spare key that Keith left under the mat. She found his body and alerted the authorities.
38. At the time Keith’s body was found in his Austin residence, the authorities
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found a suicide note / alleged holographic will. The alleged will was dated September 15,
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2018. It appeared to bear a signature that said “Keith J. Cote.” In the alleged will, Keith left
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all of his possessions to Linda Cote.
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Keith had a Sizable Estate
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39. On information and belief, until shortly before the time of his death, Keith
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Cote had an estate worth a substantial amount of money, likely in excess of $1,000,000.
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Keith owned houses in Austin and Houston, 13-acres of undeveloped land in Abida Springs,
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LA and a 3-acre plot in Mandeville, LA. He owned these real properties free and clear of all
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liens. According to the website “Zillow,” the houses were worth $265,000 and $315,000,
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respectively, at or around the time of Cote’s death.
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40. In addition, on information and belief, Keith Cote had substantial cash
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deposits and depository accounts at a number of financial institutions. In recent years, Keith
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made significant civil-litigation recoveries from an insurance claim and a personal injury
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case. On information and belief, he collected a total of $800,000 or more on these two cases.
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Keith Cote had at least three bank or brokerage accounts containing unknown assets and
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money. He also owned a 2012 Cadillac CTS, which was parked in his garage at the house in
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Austin when the authorities found Keith dead.
SanDee Jones Asserts Claims Against Keith
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41. As a result of Cote’s continuous threats and abuse, quite understandably,
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SanDee’s peace of mind was destroyed, and she suffers from profound post-traumatic stress
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disorder. SanDee’s mental distress substantially disrupted her life both before and after she
learned of the attempted hit that Cote tried to place on her life, and itcontinues to this day
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even after Keith Cote’s suicide.
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42. After she learned of the attempted hit, SanDee was forced to close her
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business, move to a new home, and, ultimately, go into hiding. Even after Cote was arrested
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and incarcerated, SanDee lived in constant fear that Cote would orchestrate from jail a plot to
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take her life. SanDee was placed under surveillance for her own protection. She stopped
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driving her car and feared to go out into public without a disguise.
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43. Cote’s extreme and outrageous conduct and threats of bodily injury caused
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SanDee substantial economic, emotional, and psychological harm, for which she seeks
redress.
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44. On October 26, 2018, the undersigned counsel for SanDee Jones contacted
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Texas probate counsel for Linda Cote (Charles Smaistrla) and advised him that SanDee
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intended to file suit against Keith Cote for civil damages. The undersigned counsel also
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contacted Linda Cote’s Louisiana probate counsel (Richard Lynch) and advised him in a
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voice message of SanDee’s claims. The grounds for the claims were discussed. Mr. Smaistrla
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disclosed that he had a copy of the alleged will and death certificate, and on October 26,
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2018 he emailed those documents to the undersigned counsel.
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45. On November 6, 2019, SanDee filed her Original Petition in this case. On
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November 8, the undersigned counsel emailed Linda Cote’s Texas lawyer a copy of the
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petition, and the petition was forwarded to the Louisiana probate lawyer that same day.
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Linda Cote Begins Taking Possession of Keith Cote’s Property Without Proper
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Authority
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46. After learning of SanDee’s claims against the Estate of Keith Cote, Linda Cote
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took quick action to dispose of as much of Keith’s property as she could, as quickly as she
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could.
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47.
Preview
2/7/2019 1:27 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-18-006719 D-1-GN-18-006719 Nancy Ramirez e SANDRA DEE JONES, § IN THE DISTRICT COURT ic § Pr Plaintiff, § § 261st JUDICIAL DISTRICT L. v. § § a § lv KEITH JAMES COTE and § LINDA COTE, § Ve § Defendant. § TRAVIS COUNTY, TEXAS k er PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Cl TO THE HONORABLE JUDGE OF SAID COURT: ct tri COMES NOW, Plaintiff Sandra Dee Jones (“Plaintiff” or “SanDee”) and files this is First Amended Original Petition complaining of Keith James Cote (“Defendant” or “Keith D Cote”) and Linda Cote (“Defendant” or “Linda Cote”), and for cause of action respectfully . Co shows the Court the following: is I. av DISCOVERY CONTROL PLAN Tr 1. Discovery is intended to be conducted under Level 3 of Texas Rule of Civil y Procedure 190. op II. c STATEMENT OF MONETARY RELIEF SOUGHT l ia 2. Plaintiff seeks monetary relief over $1,000,000 and all other relief to which the fic Plaintiff is entitled. of III. Un PARTIES 3. Plaintiff Sandra Dee Jones is an individual residing in Travis County, Texas. 4829-5679-2441 4. Defendant Keith James Cote was, until his death in September of 2018, an e individual residing in Travis County, Texas at 1729 Dapplegrey Lane, Austin, Texas 78727. ic Pr A proceeding has been instituted to administer Cote’s estate in Cause No. C-1-PB-18- L. 002281; Estate of Keith J. Cote, Deceased; in Probate Court No. 1 Travis County, Texas (the a “Probate Proceeding”). No administrator has yet been appointed. lv 5. Defendant Linda Cote is an individual who resides at 801 Rapatel, South Ve Mandeville, Louisiana 70448. In the Probate Proceeding, Linda Cote has filed an Application k er for Probate of Holographic Will & Issuance of Letters of Independent Administration with Cl Will Annexed (the “Application”) seeking to appoint herself the Independent Administrator of the Estate of Keith Cote. ct tri IV. is JURISDICTION AND VENUE D 6. This Court has the necessary personal and subject matter jurisdiction in that . Co the amount in controversy exceeds the minimum jurisdictional requirement of this Court, and is Plaintiff is a Texas resident. av 7. Venue is proper in Travis County since all or a substantial part of the causes of Tr action occurred in this county. y op V. FACTUAL BACKGROUND c Summary of Claims l ia fic 8. This is a lawsuit for economic and personal injuries that the defendant Keith of Cote inflicted on plaintiff SanDee Jones. Over the course of more than a decade, through Un repeated and continuing verbal abuse, physical abuse, threats, intimidation, and coercion, Keith Cote caused SanDee substantial economic loss and severe emotional and psychological 4842-5911-8726 2 pain and suffering. Ultimately, Keith Cote attempted to hire a hitman to murder SanDee. e After sting operations caught Keith on multiple occasions in recorded conversations planning ic Pr the intricate details of SanDee’s demise, Keith was arrested for criminal solicitation of L. capital murder. More than a year later, Keith bonded out of prison and committed suicide. a SanDee sues the Estate of Keith Cote for intentional infliction of emotional distress, assault, lv breach of contract, and quantum meruit. Ve 9. In addition, SanDee brings claims against Linda Cote for converting property k er from the Estate of Keith Cote without any legal right to do so. Linda Cote is the sole devisee Cl under an alleged holographic will / suicide note found at the scene of Keith’s death. After ct learning of the claims that SanDee had against the Estate of Keith Cote, Linda Cote launched tri a frantic plan to take possession of the Estate assets as quickly as possible and whether or not D is she had a good faith basis to do so. For example, without any authority to do so, Linda Cote . Co has removed Keith Cote’s 2012 Cadillac CTS from his residence in Texas and taken it back to Louisiana. Linda Cote’s conduct is an apparent attempt to denude the Estate of Keith Cote is av so that it cannot afford to pay for the damages Keith inflicted on SanDee over the past Tr decade or more. SanDee sues Linda Cote for violations of the Texas Uniform Fraudulent y Transfer Act among other causes of action. op SanDee Jones’ and Keith Cote’s One-Time, Consensual Relationship c 10. SanDee Jones met Keith Cote in 2002 in Austin, Texas. For a time, they were l ia fic in a consensual girlfriend / boyfriend relationship. In 2002, SanDee moved from Austin to of live with Keith Cote in Houston. During their co-habitation, Cote’s conduct became more Un and more volatile, and he began to abuse SanDee, both verbally and physically. Over time, Cote’s abusive and assaultive behavior worsened. By way of example, in 2005, Cote broke 4842-5911-8726 3 SanDee’s ribs. In 2006, Cote tried to strangle SanDee, but she was able break free. Cote then e threatened her that he would cut her up into little pieces and spread her around the back yard. ic Pr 11. In 2006, SanDee left Keith Cote, moved back to Austin, and started a business. L. Cote attempted to reconcile with SanDee. a 12. In 2010, SanDee agreed to move back in with Keith Cote into a house that lv Cote owned at 1729 Dapplegrey Lane in Austin, Texas. As part of their arrangement, Cote Ve agreed to deed the house to SanDee. SanDee paid off the remaining balance of the loan on k er the house and also paid for and performed upgrades around the house. Keith Cote knew that Cl SanDee was willing to provide the money, materials, and services because he had agreed to deed the house to SanDee. ct tri SanDee Breaks Up with Keith, and the Abuse Continues D is 13. Ultimately, the relationship did not work out. SanDee moved out of the Austin . Co residence. Keith Cote then began hounding SanDee about the house stating that he wanted her to deed the house back to him. He harassed her relentlessly. He would show up at her is av place of business and disrupt her customers and destroy her property. As result of Keith Tr Cote’s extreme and outrageous conduct, ultimately SanDee came to the conclusion that the y only way she would survive was to break all contact with Keith Cote. By his threats and op intimidation, Keith Cote coerced SanDee to deed the property back to Cote to secure this c clean break. Keith Cote never reimbursed SanDee for paying off the home loan or for the l ia fic improvements SanDee had provided to the house. of 14. Thus, in 2012, SanDee broke up with Keith Cote for good and, except for a Un brief stint in 2013 when she tried to help rehabilitate him after an accident that left him partially paralyzed, SanDee tried to cut Keith Cote completely out of her life. Unfortunately, 4842-5911-8726 4 SanDee’s attempts to escape Keith Cote were unsuccessful. Cote continued to threaten and e abuse SanDee from 2012 until his death in September of 2018. ic Pr 15. Keith Cote would not accept the breakup and repeatedly harassed SanDee with L. contact that alternated between attempts at reconciliation and threats that he would hurt or a kill her. Keith Cote’s threats and abuse created severe anxiety for SanDee, and for many lv years she has lived in constant fear for her life. Ve 16. Keith Cote’s threats and harassment were continuous from 2012 until his k er incarceration in October of 2017. Cote would leave notes and boxes on SanDee’s doorstep Cl and at her place of work. Keith Cote’s continuous unwanted contact left SanDee convinced ct that she would never feel safe until Cote was no longer walking on Earth. tri 17. By way of example, in early 2017, Keith Cote left a box on SanDee’s D is doorstep. Fearing that the box might contain something dangerous, like a bomb, SanDee did . Co not open it for several days. When she ultimately did open it, the box contained photos, notes and cards attempting to convince SanDee to reconcile. These items did not make SanDee feel is av safer, rather they made her feel more fearful of Cote because he clearly would not accept that Tr their relationship was over. When SanDee didn’t respond to Keith Cote’s overture, Cote y again contacted her and told her that “This isn’t over, and this isn’t going to go well for you.” op As a result of Cote’s behavior, SanDee lived in constant fear for her life. She avoided going c out, and when she did she would wear a disguise. l ia fic Keith Attempts to Hire a Hitman to Kill SanDee of 18. In October of 2017, Keith Cote attempted to hire an ex-marine, Joey Sees, to Un kill SanDee. Cote told Joey that SanDee deserved to die because she was dating a black man. 4842-5911-8726 5 Cote said that he wanted kill SanDee himself, but he needed help because he was physically e incapable of pulling it off. ic Pr 19. The “hitman” Cote attempted to hire went to the police, and a combination of L. Travis County and City of Austin authorities executed a sting operation over the course of a several weeks. Sergeant Darrell Gibson led the investigation. On multiple occasions Keith lv Cote was recorded by wire-tap offering to pay to have the Joey Sees kill SanDee. At one Ve point, Keith Cote offered $10,000 for Joey to murder SanDee, and Cote offered a $15,000 k er bonus if Joey could arrange it so that Cote could watch. Cl 20. On October 13, 2017, Detective Gibson contacted SanDee and set up a meeting. In his written report of his investigation, ct Detective Gibson noted that from the tri beginning of his first contact with SanDee, she was suspicious that his call was phony, that D is SanDee was on guard and “situationally aware,” and that she was legitimately afraid of Keith . Co Cote. Initially, SanDee displayed reluctance even to talk to Detective Gibson. But eventually Detective Gibson convinced SanDee to come to his Travis County Sheriff’s office for an is av interview. Tr 21. During the interview, on October 13, Detective Gibson noted, SanDee did not y appear to be shocked by the allegation that Keith Cote was setting up a contract with op someone to have her killed. SanDee confirmed that she was dating a black man and that c Keith Cote was an extreme racist. l ia fic 22. SanDee stated that she lived in constant fear of Keith Cote and had since their of break up several years before. She told Detective Gibson that she would not feel safe as long Un as Cote was alive. Even if he were imprisoned, Keith Cote had the financial resources and contacts such that he could reach out to someone to have her killed. 4842-5911-8726 6 23. At the end of the interview, SanDee agreed to cooperate with the investigation e and to do whatever the authorities asked of her to assure her safety during the interim. ic Pr 24. Detective Gibson and the authorities then conducted surveillance operations L. on several occasions during which Joey Sees would meet with Keith Cote to discuss the a planned murder for hire. On numerous occasions, Keith Cote was recorded offering Joey lv money to kill SanDee and planning the details of the crime. Ve 25. Keith Cote gave Joey Sees explicit instructions on how he wanted the murder k er to be accomplished. He wanted the murder to occur between 7:00 p.m. and 7:15 p.m. in the Cl parking lot of SanDee’s business. He wanted the murder to occur after SanDee completed a therapy session with her client whom Keith Cote ct described as a “rich Jewish lawyer who tri drives a grey Mercedes.” He wanted a “head shot.” He specifically asked Joey to walk up D is behind SanDee, shoot her in the back of the head and drag her body to the passenger side of . Co her car and to take her purse to make it look like a robbery. 26. On October 21, 2017, Keith Cote was recorded driving a “recon” mission with is av Joey Sees out to the sight of the planned murder. The authorities recorded Keith from Tr microphones in Joey’s pickup truck. They also had visual surveillance from helicopters y above. op 27. After the two returned to Keith Cote’s house, Cote gave Joey Sees $310 in c cash to purchase the murder weapon. Keith Cote told Joey that if it were not for his accident, l ia fic he would do the job himself. He said would stab SanDee in the heart with an ice pick so that of he could watch her die. Un 4842-5911-8726 7 28. Keith Cote was arrested on October 23, 2017. He was charged with Criminal e Solicitation to Commit Capital Murder. The incident received substantial media coverage, ic Pr such as this story in the Austin American Statesman. L. With Help from His Ex-Wife, Linda Cote, Keith Bonds Out of Prison and Kills Himself a 29. Keith Cote spent the better part of the next year in prison. lv 30. Sometime on or before August 28, 2018, while still in prison, Keith Cote made Ve contact with his long-estranged ex-wife, Linda Cote, and together they hatched a plan the full k er details of which are stillnot known. Linda Cote was Keith Cote’s first ex-wife. (He had a Cl second as well.) Keith and Linda Cote had divorced some 30-years earlier. During the years that SanDee knew Keith Cote, Keith and Linda ct rarely had any interaction at all, and the tri interaction they did have was not at all friendly. D is 31. Nevertheless, on August 28, 2018, Keith Cote signed a deed conveying his . Co house at 1729 Dapplegrey Lane to Linda Cote. It is unknown what consideration, if any, Linda Cote paid Keith Cote in exchange for the Austin property. is av 32. Within the next two weeks, Linda Cote assisted Keith Cote in finding a bail Tr bond agent. On September 6, 2018, Linda had the agent post a $1,000,000 bond, and Keith y was released from jail. op 33. On information and belief, sometime on or before September 18, 2018, Linda c Cote had a conversation with Keith Cote during which Keith told Linda that he intended to l ia fic take his own life. On information and belief, Linda Cote did not immediately contact the of authorities to advise them of Keith Cote’s intentions. Un 34. On or around September 18, 2018, Cote committed suicide by cutting his throat in the bathroom of the house on 1729 Dapplegrey Lane. 4842-5911-8726 8 Keith’s Body is Found With an Alleged Holographic Will e 35. On September 18, 2018, Keith Cote’s bail bond agent became concerned when ic Pr Keith stopped responding to her attempts to contact him. Keith had threatened that he was L. considering suicide. The bail bond agent called the Austin Police Department on the evening a of September 18. The APD made a visit to Keith’s house, but no one responded to knocks on lv the door. Ve 36. While Keith Cote was still incarcerated, he had told the bonding agent the k er location of a spare key so that she could access his house to take care of his affairs and gather Cl required documents. According to the bail bond agent, Keith also allowed a person named Richard Sanchez access to his house to assist ct Keith in paying bills and taking care of his tri dogs. D is 37. On September 19, Keith Cote’s bail bond agent entered his house using the . Co spare key that Keith left under the mat. She found his body and alerted the authorities. 38. At the time Keith’s body was found in his Austin residence, the authorities is av found a suicide note / alleged holographic will. The alleged will was dated September 15, Tr 2018. It appeared to bear a signature that said “Keith J. Cote.” In the alleged will, Keith left y all of his possessions to Linda Cote. op Keith had a Sizable Estate c 39. On information and belief, until shortly before the time of his death, Keith l ia fic Cote had an estate worth a substantial amount of money, likely in excess of $1,000,000. of Keith owned houses in Austin and Houston, 13-acres of undeveloped land in Abida Springs, Un LA and a 3-acre plot in Mandeville, LA. He owned these real properties free and clear of all 4842-5911-8726 9 liens. According to the website “Zillow,” the houses were worth $265,000 and $315,000, e respectively, at or around the time of Cote’s death. ic Pr 40. In addition, on information and belief, Keith Cote had substantial cash L. deposits and depository accounts at a number of financial institutions. In recent years, Keith a made significant civil-litigation recoveries from an insurance claim and a personal injury lv case. On information and belief, he collected a total of $800,000 or more on these two cases. Ve Keith Cote had at least three bank or brokerage accounts containing unknown assets and k er money. He also owned a 2012 Cadillac CTS, which was parked in his garage at the house in Cl Austin when the authorities found Keith dead. SanDee Jones Asserts Claims Against Keith ct tri 41. As a result of Cote’s continuous threats and abuse, quite understandably, D is SanDee’s peace of mind was destroyed, and she suffers from profound post-traumatic stress . Co disorder. SanDee’s mental distress substantially disrupted her life both before and after she learned of the attempted hit that Cote tried to place on her life, and itcontinues to this day is av even after Keith Cote’s suicide. Tr 42. After she learned of the attempted hit, SanDee was forced to close her y business, move to a new home, and, ultimately, go into hiding. Even after Cote was arrested op and incarcerated, SanDee lived in constant fear that Cote would orchestrate from jail a plot to c take her life. SanDee was placed under surveillance for her own protection. She stopped l ia fic driving her car and feared to go out into public without a disguise. of 43. Cote’s extreme and outrageous conduct and threats of bodily injury caused Un SanDee substantial economic, emotional, and psychological harm, for which she seeks redress. 4842-5911-8726 10 44. On October 26, 2018, the undersigned counsel for SanDee Jones contacted e Texas probate counsel for Linda Cote (Charles Smaistrla) and advised him that SanDee ic Pr intended to file suit against Keith Cote for civil damages. The undersigned counsel also L. contacted Linda Cote’s Louisiana probate counsel (Richard Lynch) and advised him in a a voice message of SanDee’s claims. The grounds for the claims were discussed. Mr. Smaistrla lv disclosed that he had a copy of the alleged will and death certificate, and on October 26, Ve 2018 he emailed those documents to the undersigned counsel. k er 45. On November 6, 2019, SanDee filed her Original Petition in this case. On Cl November 8, the undersigned counsel emailed Linda Cote’s Texas lawyer a copy of the ct petition, and the petition was forwarded to the Louisiana probate lawyer that same day. tri Linda Cote Begins Taking Possession of Keith Cote’s Property Without Proper is Authority D 46. After learning of SanDee’s claims against the Estate of Keith Cote, Linda Cote . Co took quick action to dispose of as much of Keith’s property as she could, as quickly as she is could. av 47.