Received and E-Filed for Record

6/15/2021 7:41 AM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Alexis Wall

Cause No. 21-04-05652

STATE OF TEXAS § IN THE DISTRICT COURT

§
v. § 221st JUDICIAL DISTRICT
§
KEVIN WARE JR. § MONTGOMERY COUNTY,
§ TEXAS

REQUEST FOR DISCOVERY; NOTICES

KEVIN WARE, JR., defendant, through his attorneys, Bryan W.L. Garris

and Coby DuBose, serves this Request for Discovery; Notices upon the State of

Texas in the above styled cause.

I. DISCOVERY

Pursuant to Art. 39.14 of the Texas Code of Criminal Procedure (the

“Michael Morton Act”), the Defense requests that the State produce and permit the

inspection and electronic duplication, copying, and photographing of all offense

reports, documents, papers, written or recorded statements of the defendant or a

witness, including witness statements of law enforcement officers, books,

accounts, letters, photographs, objects, and tangible things not otherwise privileged

that constitute or contain evidence material to any matter involved in the action

that is in the possession, custody, or control of the State or any person under

contract with the State. See TEX. CODE CRIM. PROC. art. 39.14 § 2(a).

Additionally, the Defense requests specific production of the following:

1) a copy of any and all audio and video recordings taken from any and all officers

involved in the investigation of this case (as specifically related to this case),

including: in-car camera recordings, in-car audio recordings, body cams, body

audio recordings. It is understood that, at a minimum, the following officers with

Montgomery County Constable Pct. 5 were involved in the investigation of this

case: Officer Christopher Bronson, Blake McElhaney, Deputy Davis (Unit 8525).

Please include videos from any and all other peace officers who responded to the

scene on April 19, 2021.

2) a copy of any and all offense reports, including supplemental reports, as related to

this investigation. It is understood the offense report number is Montgomery

County Constable, Pct. 5 Incident #21U00789. Please include any and all

supplemental reports.

3) a copy of any and all MDT communications from all officers involved in this

investigation and arrest. It is understood that, at a minimum, the following officers

with Montgomery County Constable Pct. 5 were involved in the investigation of

this case: Officer Christopher Bronson, Blake McElhaney, Deputy Davis (Unit

8525). Please include the MDT records for April 19, 2021, from one hour before

the stop in this case until two hours after the investigation ended. It is understood

the stop was made at approximately 10:09 p.m., on April 19, 2021.

4) a copy of any and all dispatch logs and recordings related to this case.

2
5) a copy of any and all photographs related to this case.

6) a copy of the full laboratory case file for the all laboratory testing conducted in this

case.

7) a copy of any and all chain of custody forms for any evidence collected in this

case.

8) a copy of any and all Harris County Sheriff’s Office offense reports related to the

missing persons investigation of Taylor Pomaski (and which is made the basis of

the State’s Motion for Denial of Bail or to Increase Bail.)

9) a copy of any and all Harris County Sheriff’s Office offense reports related to the

Taylor Pomaski homicide/murder investigation, as is alleged in the State’s Motion

for Denial of Bail or to Increase Bail.

10) a copy of Harris County Constable Precinct Four offense report #2105-01151, as

referenced in the State’s provided discovery (and which is made the basis of the

State’s Motion for Denial of Bail or to Increase Bail.)

11) a copy of any and all recorded statements taken in the missing persons

investigation of Taylor Pomaski.

12) a copy of any and all recorded statements taken in the Taylor Pomaski

homicide/murder investigation, as is alleged in the State’s Motion for Denial of

Bail or to Increase Bail.

3
13) a copy of any and all wiretap recordings, phonetap recordings, or transcriptions of

such recordings made or taken in the missing persons investigation of Taylor

Pomaski.

14) a copy of any and all wiretap recordings, phonetap recordings, or transcriptions of

such recordings made or taken in the Taylor Pomaski homicide/murder

investigation.

15) a copy of any and all search warrants and search warrant affidavits related to the

missing persons investigation of Taylor Pomaski.

16) a copy of any and all search warrants and search warrant affidavits related to the

Taylor Pomaski homicide/murder investigation.

17) a copy of any and all surveillance footage of the Mr. Ware’s home, and taken in

the search warrant executed at that home.

18) a copy of any and all forensic evidence reports and/or the results of any forensic

evidence testing conducted at Mr. Ware’s home, and related to the missing persons

investigation of Taylor Pomaski.

19) a copy of any and all forensic evidence reports and/or the results of any forensic

evidence testing conducted at Mr. Ware’s home, and related to the missing persons

investigation of Taylor Pomaski.

4
20) a copy of any and all forensic evidence reports and/or the results of any forensic

evidence testing conducted at Mr. Ware’s home, and related to the Taylor Pomaski

homicide/murder investigation .

21) a copy of any and all cell phone dumps, cell phone data extraction reports, and/or

extracted cell phone data related to the missing persons investigation of Taylor

Pomaski.

22) a copy of any and all cell phone dumps, cell phone data extraction reports, and/or

extracted cell phone data related to the Taylor Pomaski homicide/murder

investigation.

23) any and all training, certification, and utilization records for the narcotics-

detection-canine “Rocky.”

24) any and all compiled statistics on narcotics-detection-canine “Rocky.”

25) any and all training, test results, and certification records for Deputy Davis related

to police canine utilization and training.

26) any and all reports generated that involve Deputy Davis utilizing narcotics-

detection-canine “Frida.”

27) any and all reports generated that involve Deputy Davis and that document

narcotics-detection canine “Frida” not alerting to the presence of narcotics.

28) Montgomery County Constable Pct. 5’s written or adopted policies on: a)

narcotics-canine training; b) narcotics-canine certification; c) narcotics-handler

5
 training; d) narcotics-handler certification; e) documenting canine search/use

results; f) documenting use of narcotics-canines in offense reports; g) compiling

canine use statistics; h) purchasing canines that were certified from outside

companies; i) canine upkeep (housing, feeding, etc.).

II. NOTICES

1) Mr. Ware requests, Pursuant to Rule 404(b) of the Texas Rules of Evidence, that

the State give reasonable notice in advance of trial of its intent to introduce in its

case-in-chief, evidence of crimes, wrongs, or acts other than that arising in the

same transaction;

2) Mr. Ware requests, pursuant to Rule 609(f) of the Texas Rules of Evidence, that

the State give sufficient notice of its intent to use evidence of the Defendant’s

convictions or of any convictions to impeach any witness;

3) Mr. Ware requests, pursuant to Art. 37.07, § 3(g) of the Texas Code of Criminal

Procedure, that the State give reasonable notice of intent to introduce against the

Defendant evidence of extraneous crimes or bad acts at the punishment phase of

the trial;

4) Mr. Ware hereby continues to assert all rights under the Fifth and Sixth

Amendments of the U.S. Constitution, and under Art. I, § 10 of the Texas

Constitution, including asserting and demanding his right to an immediate and

speedy trial – without delay.

6
 Respectfully submitted,

/s/ Bryan W.L. Garris

Bryan W.L. Garris
State Bar No. 24079945
300 Main Street, 3rd Floor
Houston, Texas 77002
Tel: 713-655-9000
Fax: 713-655-1812
Bryan@txdefense.net
ATTORNEY FOR MR. WARE

/s/ Coby DuBose

Coby DuBose
State Bar No. 24113635
917 Franklin Street, Suite 300
Houston, Texas 77002
(713)685-5000 Telephone
(713)513-5505 Facsimile
coby@dubosedefense.com
ATTORNEY FOR MR. WARE

CERTIFICATE OF SERVICE

I hereby certify that a copy of this document has been delivered to Assistant
District Attorney Kevin Bratcher with the Montgomery County District Attorney’s
Office on June 15, 2021, via electronic delivery.

/s/ Bryan W.L. Garris

Bryan W.L. Garris