20CR00452

Dils
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CRIMINAL DEPARTMENT i
STATE OF KANSAS,
Plaintiff,
vs. No. i
NICHOLAS ADAM ECKER,
Defendant,

AFFIDAVIT
‘Comes now the affiant, of lawful age, in support of a probable cause finding for the

detention of the defendant or the issuance of an arrest warrant, states as follows:

1. On 02/13/2022, at approximately 0052 hrs Shawnee Police Officers were

dispatched toGEESSIMEMINE Shavinee, Johnson County, KS fora report of a

structure fire at the address. Emergency personnel arrived within five minutes of the

call. When officers arrived on scene, they reported the single-family residence was

fully engulfed in flames. Karlie Mae Phelps GEESSSSSSSN resides at the residence

but was not home at the time of this incident. After fire suppression efforts, fire

department personnel were able to make entry into the home and locate the body of

NE. (WIM ~-/2020) ina crb in a downstairs bedroom,

2. Atapproximately 0112 hrs, NICHOLAS ADAM ECKER(WM,GD

RENE o11ivedat the residence without having been contacted and told officers he.

had a "bad feeling” so he came over. ECKER is Karlie's ex-boyfriend and N.E.'s (=

12020) father. Karlie also arrived on scene and stated that she had been in Overland
Park with a friend. While in the presence of law enforcement an officer overheard Karlie

mumble, “| iit, no | know |put it out. That would be an accident.” Karlie then started to
 blame ECKER for the fire. During a later interview Karlie admitted that she was at an
individual's house in Wyandotte County and had left N.E. home alone, asleep in his crib I
downstairs. Tag readers confirm Karle’s vehicle was not in the area of te fire around
the time of the fire event,
3. Karlie voluntarily came to the station to be interviewed by Detectives. During {
the interview, Karlie gave consent fora forensic download to be completed on her cell
phone. The contents of the download revealed that Karlie and ECKER exchanged text
messages throughout the day on February 12", 2022 starting at approximately 0900
hours, Around 2221 hours ECKER messaged Karle asking about N.E., what's he
doin. Where's he at?" to which Karlie responded, “we'll come see him when | get home.
He'swme." At2333 hours ECKER again asked, “where's Jr?" to which Karlie
indicated that N.E. was with her and that she was at Jackie's house. On February 13,
2022, 21 0006 hours ECKER sent Karliea picture ofa residence with the message *you
ain't at Jackie's." The parties then exchanged a series of messages with Karlie
indicating that she was at Jackle's and ECKER stating such things as ‘ling ass bitch",
“I hate you", "Im blowing my head off" and "you're fucking around on me huh". At0033
hours, ECKER senta picture ofa Valentine's Day balloon which appeared to be taken
from inside Karlie residence and asked "Whogotyou that?" The parties then
continued to exchange messages unti the following exchange:
ECKER: | swear to god something is not right. | know it | can feel it. Something is
terribly wrong. Karle please call mellli Please someting Is wrong. | can feel
something isn't ight. (0057 hours)
Karlie: Nothing s wrong wit? You're literallyjust pushing me over the top?! Its all
about you??? Nothing is fucking wrong dude but ith us. (0058 hours)
 ECKER: Wheres Jr. Please tell me you have Jr. Something is wrong. (0058 ;
hours)

Karlie: Nothings wrong no he's sleeping in bed smh | have the camera on him {
wyd there nick? You'll never see me wanother man like that nor ma | doing that. !
came to Micah's really fast dalla fucking punched her n the face and ummm
taking her to the ER. (0100 hours)

ECKER: Baby something is not right (0100 hours)

Karlie: Go get junior NOW. HES INSIDE YOU DIMB ASS | CANNOT BELIEVE
YOU STARTED THAT FIRE. YOU KILLED OUR BABY And you could've kiled
melll (0107 hours)

4. On 02/1412, initial records from T-Mobile for phone number 913-203-5875,

ECKER's known cell phone, were obtained. The records show that the phone is striking
cell phone towers in Olathe at around 0000 hours on 02/13/22. At 0033 hours on
02/13/22, the phone strikes a cell tower at 7408 Nieman Rd which is 68 miles from the
residenceat@EESSSISNND here the fire occurred. This is consistent with the
timestamped message Karlie recsived regarding the Valentine's day balloon, The next
cell tower connection shows to be at 0056 hours in Praire Vilage. At 0114 hours on
02/13/22 the phone again connects with the tower at 7408 Nieman Rd. This is the time.
ECKER retumed to the scene at the house and was contacted by Shawnee
Officers. The phone remains on that tower until 0346 hours, which is a known time.
frame when ECKER was on scene at the house and in custody.
 5. The Shawnee Fire Department conducted an origin and caus determination
for the fireatQEESSSSSMISMENSIE andN determined that the fire was incendiary or
Intentionally set. Fire debris samples were collected from multiple locations within the
residence. One sample from the staitwell leading to the upstairs bedrooms has been {
processed by the Johnson County Criminafistis Laboratory. No ignitable liquids were
detected as part of the analysis. Neighbors who five behind the residence reported to
police that as of 0015 hours on February 13% there was no fire visible from the exterior
ofthe residence.
6. Atthe time of the incident of February 13, 2022, ECKER was released on
bond in Johnson County Case 22DV30, in which ECKER was charged with Aggravated
Domestic Battery (Non-Fatal Stranguation). Karlie Phelps s the listed viotm in such
case. A condition of ECKER'S bond Is that he have no contact with Karlie or her.
residence.
7. Karle also made a police report on February 4, 2022, that ECKER had
entered her residence on that evening, confronted her and another individual in the
residence, and left. Law enforcement responded to Karie's residence to investigate the
incident. While law enforcement was present, Karie received a Snapchat message
from ECKER. The message indicated that Karle and the other individual werenotsafe.
‘The Defendant has subsequently been charged in Johnson County Case 220V265.
based on the February 4 incident.
8. On Monday, February 14th, 2022, Shawnee Police Det. E. Gonzalez and Fire
Investigator Cameron Johnson attended the autopsy of N.E. at the Johnsan County
Medical Examiner's Office. The autopsy was being performed by Dr. James. N.E. had
 severe buns throughout his body. During the autopsy Dr. James noted that there was
sootin N.E's aitway. Dr. James also advised Ns lungs were "ful of soot" There 1
was no mention nor were there any apparent signs, of injuries other than the severe:
bums. Based on the presence of soot in the airway, due to his traning and experience {
Investigator Johnsonwas ofthe belief that N.E. was alive and breathing at the
beginning of the fire process.
9. The above information was provided by the Shawnee Police and Shawnee
Fire Departments.

DECLARATION
I declare under the penalty of perjury that the foregoing i true and correct.
Executed by and on this date:

15! B. Anderson #343 0211412022

AffantName
#343 0211412022
Badge#andDate