Crime Stories with Nancy Grace - HEAR IT: The Full Idaho Student Murders Probable Cause Affidavit

Episode Date: January 6, 2023

Hear the entire probably case affidavit detailing why Brian Kohberger is the prime suspect in the murders of four Idaho students.See omnystudio.com/listener for privacy information.

This is an iHeart Podcast. All eyes on an Idaho courtroom as quadruple murder suspect Brian Koberger has formally read his charges and assigned the chief public defender. What we know now is what has been released in a probable cause affidavit sworn to by law enforcement in front of a judge or magistrate. Based on that bare-bones skeleton outline of the evidence, authorities were warranted to arrest Koberger at his family home in the Poconos. A lot of speculation has resulted from discussion of the PC probable cause affidavit attached to the search warrant. But what exactly does it say? I'm Nancy Grace, and this is Crime Stories. Thanks for joining us. What a great idea. Let's carefully listen verbatim to the probable affidavit that resulted in the active, as it is called, arrest, that is for at-risk

defendants that could possibly flee or attack, in the early morning hours in the Poconos. Take a listen to CrimeOnline.com's Dave Mack as he reads verbatim the probable cause affidavit that led to the arrest of Brian Koberger. Page one. Exhibit A. Statement of Brett Payne. The below information is provided by Brett Payne, who is a duly appointed, qualified, and acting peace officer within the County of Latah, State of Idaho. Brett Payne is employed by Moscow Police Department in the official capacity or position of Corporal and has been trained and qualified peace officer for approximately four years. Corporal Payne is being assisted by members of the Idaho State Police

and agents of the Federal Bureau of Investigation. On November 13th, 2022, at approximately 4 p.m., Moscow Police Department Sergeant Blaker and I responded to 1122 King Road, Moscow, Idaho, hereafter the King Road residence, to assist with scene security and processing of a crime scene associated with four homicides. Upon our arrival, the Idaho State Police forensic team was on scene and was preparing to begin processing the scene. MPD Officer Smith, one of the initial responding officers to the incident, advised he would walk me through the scene. Officer Smith and I entered the King Road residence

through the bottom floor door on the north side of the building. Officer Smith and I then walked upstairs to the second floor. Officer Smith directed me down the hallway to the west bedroom on the second floor which i later learned through zanna's driver's license and other personal belongings found in the room was zanner kernodals hereafter kernodal room just before this room there was a bathroom door on the south wall of the hallway as i approached the room i could see a body later identified as kernodal's laying on the floor kernodal was deceased with wounds which appeared to have been caused by an edged weapon also in the room was a male later identified as ethan chapin

hereafter chapin chapin was also deceased with wounds later determined autopsy report provided by spokane county medical Examiner redacted information dated December 15 2022 to be caused by sharp force injuries I then followed officer Smith upstairs to the third floor of the residence the third floor consisted of two bedrooms and one bathroom the bedroom on the west side of the floor was later determined to be Kaylee gonzalves here after gonzalves. I later learned from review of Officer Nunez's body camera, there was a dog in the room when Moscow police officers initially responded. The dog belonged to Gonzalez and her ex-boyfriend, Jack DeCour. I found out

from my interview with Jack DeCour on November 13, 2022, that he and Gonzalez shared the dog. Officer Smith then pointed out a small bathroom on the east side of the third floor. This bathroom shared a wall with Madison Mogan's, hereafter Mogan bedroom, which was situated on the southeast corner of the third floor. As I entered this bedroom, I could see two females in the single bed in the room. Both Gonzalves and Mogan were deceased with visible stab wounds. I also later noticed what appeared to be a tan leather knife sheath laying on the bed next to Mogan's right side, when viewed from the door. The sheath was later processed and had a K-Bar USMC and the United States Marine Corps Eagle Globe and anchor insignia stamped on the outside of it. The Idaho State Lab later located a single source of male DNA, suspect profile, left on the button snap of the knife sheath. As part of the investigation,

numerous interviews were conducted by Moscow Police Department officers, Idaho State Police detectives, and FBI agents. Two of the interviews included BF and DM. Both BF and DM were inside the King Road residence at the time of the homicides and were roommates to the victims. BF's bedroom was located on the east side of the first floor of the King Road residence. Gonzávez and Mogan were at a local bar, The Corner Club, at 202 North Main Street in Moscow. Gonzávez and Mogan can be seen on video footage provided by the Corner Club between 10 p.m. on November 12th and 1.30 a.m. on November 13th. At approximately 1.30 a.m., González and Mogan can be seen on video at a local food vendor called The Grub Truck at 318 South Main Street in downtown Moscow. The Grub Truck live streams video from their food truck on the streaming platform Twitch, which is available for public viewing on their website. This video was captured by law enforcement. A private party redacted information, reported that he provided a ride to González and Mogut at approximately 1.56 a.m.

from downtown Moscow in front of the grub truck to the King Road residence. DM and BF both made statements during interviews that indicated the occupants of the King Road residence. DM and BF both made statements during interviews that indicated the occupants of the King Road residence were at home by 2 a.m. and asleep, or at least in their rooms, by approximately 4 a.m. This is with the exception of Cronodal, who received a DoorDash order at the residence at approximately 4 a.m. Law enforcement identified the DoorDash delivery driver who reported this information. DM stated she originally went to sleep in her bedroom on the southeast side of the second floor. DM stated she was awoken at approximately 4 a.m.

by what she stated sounded like Gonzalvez playing with her dog in one of the upstairs bedrooms, which were located on the third floor. A short time later, DM said she heard who she thought was Gonzalvez say something to the effect of, quote, there's someone here, unquote. A review of records obtained for a forensic download of Cronodal's phone showed this could also have been Cronodal, as her cellular phone indicated she was likely awake and using the TikTok app at approximately 4.12 a.m. DM stated she looked out of her bedroom but did not see anything when she heard the comment about someone being in the house.

DM stated she opened her door a second time when she heard what she thought was crying coming from Cronodal's room. DM then said she heard a male voice say something to the effect of, quote, it's OK, I'm going to help you unquote at approximately 4 17 a.m a security camera located at 1112 king road a residence immediately to the northwest of 1122 king road picked up distorted audio of what sounded like voices or a whimper followed by a loud thud a dog can also be heard barking numerous times starting at 4 17 a.m the security camera is less than 50 feet from the west wall of cronodal's bedroom dm stated she opened her door for the third time after she heard the crying and saw a figure clad in black clothing and a mask that covered the person's mouth and nose walking towards her dm described the figure as five foot ten or taller male not very muscular but

athletically built with bushy eyebrows. The male walked past DM as she stood in a, quote, frozen shock phase, unquote. The male walked towards the back sliding glass door. DM locked herself in her room after seeing the male. DM did not state that she recognized the male. This leads investigators to believe that the murderer left the scene. The combination of DM statements to law enforcement, review of forensic downloads of records from BF and DM's phone, and video of a suspect video as described below leads investigators to believe the homicides occurred between 4 a.m. and 4.25 a.m.

During the processing of the crime scene, investigators found a latent shoe print. This was located during the second processing of the crime scene, investigators found a latent shoe print. This was located during the second processing of the crime scene by the ISP forensic team by first using a presumptive blood test and then amino black, a protein stain that detects the presence of cellular material. The detected shoe print showed a diamond-shaped pattern, similar to the pattern of a Vans-type shoe sole just outside the door of DM's bedroom located on the second floor. This is consistent with DM's statement regarding the suspect's path of travel. Crime Stories with Nancy Grace.

Brian Koberger has formally read his charges. Take a listen to CrimeOnline.com's Dave Mack as he reads verbatim the probable cause affidavit. Page five. As part of the investigation, an extensive search commonly referred to in law enforcement as a quote video canvas unquote was conducted in the area of the King Road residence. This video canvas was to obtain any footage from the early morning hours of November 13, 2022 in the area of the King Road residence and surrounding neighborhoods

in an effort to locate the suspect or suspect vehicle traveling to or leaving from the King Road residence. This video canvas resulted in the collection of numerous surveillance videos in the area from both residential and business addresses. I have reviewed numerous videos that were collected and have had conversations with the other MPD officers, ISP detectives, and FBI agents that are similarly reviewing footage that was obtained. A review of camera footage indicated that a white sedan, hereafter, quote, suspect vehicle one, unquote, was observed traveling westbound in the 700 block of indian

hills drive in moscow at approximately 3 26 a.m and westbound on steiner avenue at idaho state highway 95 in moscow at approximately 3 28 a.m on this video it appeared suspect vehicle one was not displaying a front license plate a review of footage from multiple videos obtained from King Road neighborhood showed multiple sightings of suspect vehicle one starting at 3.29 a.m. and ending at 4.20 a.m. These sightings show suspect vehicle one makes an initial three passes by the 1122 King Road residence and then leave via wilenton drive based off of my experience as a patrol officer this is a residential neighborhood with a very limited number of vehicles that travel in the area during the early morning hours upon review of the video there are only a few cars that enter and exit this area during this time frame suspect vehicle one can be seen entering the area a fourth time at approximately 404 a.m it can be seen driving eastbound on king road stopping and

turning around in front of 500 queen road number 52 and then driving back westbound on king road when suspect vehicle 1 is in front of the king road residence it appeared to unsuccessfully attempt to park or turn around in the road the vehicle then continued to the intersection of queen road and king road where it can be seen completing a three-point turn and then driving eastbound again down queen road suspect vehicle one is next seen departing the area of the King Road residence at approximately 4.20 a.m. at a high rate of speed. Suspect Vehicle 1 is next observed traveling southbound on Wilenta Drive. Based on my knowledge of the area and review of camera footage in the neighborhood that does not show Suspect Vehicle 1 during that time frame, I believe that Sus vehicle one likely exited the neighborhood at Palouse River Drive and Conestoga Drive.

Palouse River Drive is at the southern edge of Moscow and proceeds into Whitman County, Washington. Eventually, the road leads to Pullman, Washington. Pullman, Washington is approximately 10 miles from Moscow, Idaho. Both Pullman and Moscow are small college towns and people commonly travel back and forth between them. Law enforcement officers provided video footage of suspect vehicle one to forensic examiners with the Federal Bureau of Investigation that regularly utilize surveillance footage to identify the year, make, and model of an unknown vehicle that is observed by one or more cameras during the commission of a criminal

offense. The forensic examiner has approximately 35 years law enforcement experience with 12 years at the FBI. His specific training includes identifying unique characteristics of vehicles and he uses a database that gives visual clues of vehicles across states to identify differences between vehicles. After reviewing the numerous observations of suspect vehicle 1, the forensic examiner initially believed that suspect vehicle 1 was a 2011-2013 Hyundai Elantra. Upon further review, he indicated it could also be a 2011-2016 Hyundai Elantra. As a result, investigators have been reviewing information on persons in possession of a vehicle that is a 2011 to 2016 white Hyundai Elantra. Investigators were

given access to video footage on the Washington State University campus located in Pullman, Washington. A review of that video indicated that at approximately 2.44 a.m. on November 13, 2022, a white sedan, which was consistent with the description of the white Elantra known as Suspect Vehicle 1, was observed on WSU surveillance cameras traveling north on Southeast Nevada Street at Northeast Stadium Way. At approximately 2.53 a.m., a white sedan, which is consistent with the description of the white Elantra known as Suspect Vehicle 1, was observed traveling southeast on Nevada Street in Pullman, Washington towards State Road 270. State Road 270 connects Pullman, Washington to Moscow, Idaho. The camera footage from Pullman, Washington was provided to the same FBI forensic

examiner. The forensic examiner identified the vehicle observed in Pullman, Washington was provided to the same FBI forensic examiner. The forensic examiner identified the vehicle observed in Pullman, Washington as being a 2014 to 2016 Hyundai Elantra. At approximately 5.25 a.m., a white sedan, which was consistent with the description of suspect vehicle 1, was observed on five cameras in Pullman, Washington and on WSU campus cameras. The first camera that recorded the white sedan was located at 1300 Johnson Road in Pullman. The white sedan was observed traveling northbound on Johnson Road. Johnson Road leads directly back to West Palouste River Drive in Moscow, which intersects with Conestoga Drive.

The white sedan was then observed turning north on Bishop Boulevard and northwest on State Road 270. At approximately 5.27 a.m., the white Elantra was observed on camera traveling northbound on Stadium Way at Nevada Street, Stadium Way at Grimes Way, Stadium Drive at Wilson Road, and Stadium Way at Cougar Way. On November 25, 2022, MPD asked area law enforcement agencies to be on the lookout for white Hyundai Elantras in the area. On November 29, 2022, at approximately 1228 a.m., Washington State University, WSU, police officer Daniel Tiengo queried white Elantras registered at WSU. As a result of that query, he located a 2015 white Elantra

with a Pennsylvania license plate, LFZ-8649. This vehicle was registered to Brian Koberger, hereafter Koberger, residing at 1630 Northeast Valley Road, apartment 201, Pullman, Washington. 1630 Northeast Valley Road is approximately three quarters of a mile from the intersection of Stadium Way and Cougar Way, the last camera location that picked up the White Elantra. That same day, at approximately 12.58 a.m., WSU officer Curtis Whitman was looking for White Hyundai Elantras and located a 2015 White Hyundai Elantra at 1630 Northeast Valley Road in Pullman in the parking lot. 1630 Northeast Valley Road is an apartment complex that houses WSU students. Officer Whitman also ran the car and it returned to Koberger with a Washington tag. I reviewed Koberger's Washington State driver's license information and photograph.

This license indicates that Koberger is a white male with a height of six foot and weighs 185 pounds. Additionally, the photograph of Koberger shows that he has bushy eyebrows. Koberger's physical description is consistent with the description of the male DM saw inside the King Road residence on November 13. Further investigation, including a review of Latah County Sheriff's Deputy Corporal Duke's body camera and reports showed that on August 21, 2022, Brian Koberger was detained as part of a traffic stop that occurred in Moscow, Idaho, by Corporal Duke. At the time, Koberger, who was a sole occupant of it, was driving a white 2015 Hyundai Elantra

with Pennsylvania plate LFZ-8649, which was set to expire on november 30th 2022 during the stop which was recorded via law enforcement body camera coberger provided his phone number as redacted information 8458 here after the 8458 phone as his cellular telephone numberators conducted electronic database queries and learned that the 8458 phone is a number issued by AT&T. On October 14, 2022, Brian Koberger was detained as part of a traffic stop by a WSU police officer. Upon review of that body cam and report of the stop, Koberger was the sole occupant and was driving a white 2015 Hyundai Elantra with Pennsylvania plate LFZ-8649. On November 18, 2022, according to Washington state licensing, Koberger registered the 2015 white Elantra with Washington and later received Washington plate CFB-8708.

Prior to this time, the 2015 white Elantra was registered in pennsylvania which is to require a front license plate to be displayed this was learned through communications with the pennsylvania officer who is currently certified in the state of pennsylvania based on my own experience and communication with washington law enforcement i know that idaho and washington require front and back license plates to be displayed. Investigators believe that Koberger is still driving the 2015 white Elantra because his vehicle was captured on December 13, 2022 by a license plate reader in Loma, Colorado. Information provided by a query to a database.

Koberger's Elantra was then queried on December 15, 2022 by law enforcement in Hancock County, Indiana. On December 16, 2022, at approximately 2.26 p.m., surveillance video showed Koberger's Elantra in Albrightsville, Pennsylvania. The sole occupant of the vehicle was a white male whose description was consistent with Koberger. Koberger has family in Albrightsville, Pennsylvania, learned through a TLO search and locate tool database query. Based on information provided on the WSU website, Koberger is currently a PhD student in criminology at Washington State University. Pursuant to records provided by a member of

the unit interview panel for Pullman Police Department, we learned that Koberger's past education included undergraduate degrees in psychology and cloud-based forensics. These records also showed Koberger wrote an essay when he applied for an internship with the Pullman Police Department in the fall of 2022. Koberger wrote in his essay he had an interest in assisting rural law enforcement agencies without a better collect and analyze technological data in public safety operations go burger also posted a reddit survey which can be found on open source internet search the survey asked for participants to provide information to understand how emotions and psychological traits influence decision-making when committing a crime as part of this investigation law enforcement obtained search warrants to

determine cellular devices that utilize cellular towers in close proximity to the King Road residence on November 13, 2022, between 3 a.m. and 5 a.m. After determining that Koberger was associated to both the 2015 White Elantra and the 8458 phone, Investigators reviewed these search warrant returns. A query of the 8458 phone in these returns did not show the 8458 phone utilizing cellular tower resources in close proximity to the King Road residence between 3 a.m. and 5 a.m. Based on my training, experience, and conversations with law enforcement officers that specialize in the utilization of cellular telephone records as part of investigations, individuals can either leave their cellular telephone at a different

location before committing a crime or turn their cellular telephone off prior to going to a location to commit a crime. This is done by subjects in an effort to avoid alerting law enforcement that a cellular device associated with them was in a particular area where a crime is committed. I also know that on numerous occasions, subjects will surveil an area where they intend to commit a crime prior to the date of the crime. Depending on the circumstances, this could be done a few days before or for several months prior to the commission of a crime. During these types of surveillance, it is possible that an individual would not leave their cellular telephone at a separate location or turn it off since they a.m. for the 8458 phone held by the phone provider AT&T, approximately 24 hours preceding and following the times of the homicides.

On December 23, 2022, pursuant to the search warrant, I received records for the 8458 phone from AT&T. These records indicated that the 8458 phone is subscribed to by brian coberger at an address in albrightsville pennsylvania and the account has been open since june 23 2022. these records also included historical cell site location csl i for the 8458 phone after receiving this information i consulted with an fbi special agent sa that is certified as a member of the cellular analysis survey team cast members of cast are certified with the fbi to provide expert testimony in the field of historical csli and are required to pass extensive training that includes both written and practical examinations prior to being certified with CAST as well as the completion of yearly certification requirements. Additionally,

the FBI CAST SA that I consulted with has over 15 years of federal law enforcement experience, which includes six years with the FBI. From information provided by CAST, I was able to determine estimated locations for the 8458 phone from November 12, 2022 to November 13, 2022, the time period authorized by the court. On November 13, 2022, at approximately 2.42 a.m., the 8458 phone was utilizing cellular resources that provided coverage to 1630 Northeast Valley Road, Apartment G201, Pullman, Washington, hereafter the Coburg residence. At approximately 2.47 a.m., the 8458 phone utilized cellular resources that provide coverage

southeast of the Coburger residence, consistent with the 8458 phone leaving the Coburger residence and traveling south through Pullman, Washington. This is consistent with the movement of the White Elantra. At approximately 2.47 a.m., the 8458 phone stops reporting to the network, which is consistent with either the phone being in an area without cellular coverage, the connection to the network is disabled, such as putting the phone in airplane mode, or that the phone was turned off. The 8458 phone does not report to the network again until approximately 4.48 a.m.,

at which time it utilized cellular resources that provide coverage to Idaho State Highway 95 south of Moscow, Idaho, near Blaine, Idaho, north of Genesee. Between 4.50 a.m. and 5.26 a.m., the phone utilizes cellular resources that are consistent with the 8458 phone traveling south on Idaho State Highway 95 to Genesee, Idaho, then traveling west towards Uniontown, Idaho, and then north back into Pullman, Washington. At approximately 530 a.m., the 8458 phone is utilizing resources that provide coverage to Pullman, Washington, and consistent with the phone traveling back to the Coburger residence. The 8458 phone's movements are consistent with the movements of the white Elantra that is observed traveling north on Stadium Drive at approximately 527 a.m.

Based on review of the 8458 phone's estimated locations and travel, the 8458 phone's travel is consistent with that of the White Elantra. Further review indicated that the 8458 phone utilized cellular resources on November 13, 2022 that are consistent with the 8458 phone leaving the area of the Coburger residence at approximately 9 a.m. and traveling to Moscow, Idaho. Specifically, the 8458 phone utilized cellular resources that would provide coverage to the King Road residents between 912 a.m. and 921 a.m. The 8458 phone next utilized cellular resources that are consistent with the 8458 phone

traveling back to the area of the Coburger residence and arriving to the area at approximately 932 a.m. Below is a depiction not to scale of the possible route taken based off of the cellular site locations. Investigators found that the 8458 phone did connect to a cell phone tower that provides service to Moscow on November 14, 2022, but investigators do not believe the 8458 phone was in Moscow on that date. The 8458 phone has not connected to any towers that provided service to Moscow since that date. Based on my training, experience, and the facts of the investigation thus far, I believe that Koberger, the user of

the 8458 phone, was likely the driver of the white Elantra that is observed departing Pullman, Washington, and that this vehicle is likely suspect vehicle one additionally the route of travel of the 8458 phone during the early morning hours of november 13 2022 and the lack of the 8458 phone reporting to at t between 2 47 a.m and 4 48 a.m is consistent Koberger attempting to conceal his location during the quadruple homicide that occurred at the King Road residence. Crime Stories with Nancy Grace. I'm Nancy Grace, and this is Crime Stories. Thanks for joining us.

Take a listen to CrimeOnline.com's Dave Mack as he reads verbatim the probable cause affidavit that led to the arrest of Brian Koberger. Page 16. On December 23, 2022, I was granted a search warrant for Koberger's historical CSLI from June 23, 2022 to current prospective location information and a pen-registered trap and trace on the 8458 phone to aid in efforts to determine if Koberger stalked any of the victims in this case prior to the offense. Conducted surveillance on the King Road residence was in contact with any of the victims associates before or after the alleged offense, any locations that may contain evidence of the murders that occurred on November 13, 2022, the location of the White Elantra registered to Coburger, as well as the location of Coburger. On December 23, 2022, pursuant to the search warrant, I received historical records for the 8458 phone from AT&T from the time the account was opened in June 2022. After consulting with CastSA,

I was able to determine estimated locations for the 8458 phone from June 2022 to present, the time period authorized by the court. The records for the 8458 phone show the 8458 phone utilizing cellular resources that provide coverage to the area of 1122 King Road on at least 12 occasions prior to November 13, 2022. All of these occasions except for one occurred in the late evening and early morning hours of their respective days. One of these occasions on August 21, 2022, the 8458 phone utilized cellular resources providing coverage to the King Road residents from approximately 1034 p.m. to 1135 p.m.

At approximately 1137 p.m., Coburger was stopped by Latah County Sheriff's Deputy Corporal Duke, as mentioned above. The 8548 phone was utilizing cellular resources consistent with the location of the traffic stop during this time, Farm Road and Pullman Highway. Further analysis of the cellular data provided showed the 8458 phone utilized cellular resources on November 13, 2022, consistent with the phone traveling from Pullman, Washington to Lewiston, Idaho via U.S. Highway 195. At approximately 1236 p.m., the 8458 phone utilized cellular resources that would provide coverage to kate's cup of joe coffee stand located at 8 10 port drive clarkston washington surveillance footage from the u.s chef store located at 8 20 port drive clarkston washington and adjacent to kate's cup of joe showed a white elantra consistent with suspect vehicle one drive past Kate's cup of Joe at a time consistent with the cellular data from the 8548 phone at approximately 1246 p.m.

The 8458 phone then utilized cellular data in the area of the Albertsons grocery store at 400 Bridge Street in Clarkston, Washington. Surveillance footage obtained from the Albertsons showed Koberger exit the white Elantra consistent with the suspect vehicle one at approximately 12.49 p.m. Interior surveillance cameras showed Koberger walk through the store, purchase unknown items at the checkout, and leave at approximately 1.04 p.m. Koberger's possible path of travel is depicted below not to scale. Additional analysis of records for the 8458 phone indicated that between approximately 532 p.m. and 536 p.m. the 8458 phone utilized cellular resources that provide coverage to Johnson, Idaho. The 8458 phone then stops reporting to the network from approximately 536 p.m. to 830 p.m. That is consistent with the 8458 phone being the area that the 8458 phone traveled in the hours immediately following the suspected time the homicides occurred.

On December 27, 2022, Pennsylvania agents recovered the trash from the Koberger family residence located in Albridesville, Pennsylvania. The evidence was sent to the Idaho State Lab for testing. On December 28, 2022, the Idaho State Lab reported that a DNA profile obtained from the trash and the DNA profile obtained from the sheath identified a male as not being excluded as the biological father of suspect profile. At least 99.9998% of the male population would be expected to be excluded from the possibility of being the suspect's biological father.

Based on the above information, I am requesting an arrest warrant be issued for Brian C. Koberger, DOB 112194, for burglary at 1122 King Street in Moscow, Idaho, and four counts of murder in the first degree for the murders of Madison Mogan, Kaylee Gonzales, Zanna Cronutle, and Ethan Chapin. I declare under penalty of perjury pursuant to the law of the state of Idaho that the foregoing is true and correct. Thanks for reading that verbatim. And there you have it.

That's the probable cause affidavit. Exactly as it was written. Exactly as it was sworn to. In front of a judge that allowed the arrest of quadruple slay defendant Brian Koberger. Nancy Grace signing off. Goodbye, friend.