IN THE CIRCUIT COURT OF
BENTON COUNTY, ARKANSAS
AFFIDAVIT OF PROBABLE CAUSE
TO OBTAIN BAIL
STATE OF ARKANSAS PLAINTIFF
VS
DAVIS DON CARPENTER DEFENDANT
W/M, DOB: 08-02-61
&
JOSHUA MACAVE BROWN DEFENDANT
W/M, DOB: 6-7-77
FACTS CONSTITUTING PROBABLE
CAUSE
Comes now Detective Sergeant Terry Woodside
of the Rogers Police Department Criminal Investigation Division, and
under oath doth state:
After extensive investigation, on September
26, 1999, the Defendant, Joshua Macave Brown, DOB: 6-7-77, was arrested
on the charges of Capital Murder, Class Y Felony, and Rape, Class
Y Felony (6 COUNTS). Defendant Davis Don Carpenter, DOB: 8-2-61, was
arrested on September 26th, 1999 at approximately 7:45 p.m., on the
charges of Capital Murder, Class Y Felony, and Rape, Class Y Felony
(6 COUNTS).
The records of the Rogers Police Department
reflect that on Sunday, September 26th, 1999, at 0453 hours, Patrolman
Ian Smith and Patrolman Jason Curry responded to 1207 West Sunset
Drive to assist an ambulance crew of the Rogers Fire Department regarding
a call for medical assistance. Upon their arrival, Davis Don Carpenter,
38 years of age, and a resident of 1207 West Sunset Drive contacted
them. Carpenter seemed very upset and repeatedly said, “He’s
not breathing”. Carpenter let the officers into the apartment
and to the northwest bedroom. Another male subject, Joshua (Josh)
Brown, 22 years of age, was standing in the hallway, completely naked,
holding a flashlight and a telephone. The officers observed a young,
naked male subject, later identified as Jesse Dirkhising (aka: Jesse
Yates), thirteen years of age (DOB: 5-24-86), on the floor in the
middle of the room, next to a mattress. Dirkhising’s genitals
and abdomen were covered with what appeared to be feces. Dirkhising’s
mouth was blue, he had a weak pulse, but he did not appear to be breathing.
Patrolman Smith also observed that Dirkhising had masking or duct
tape wrapped around his right hand. When Josh Brown was asked about
the tape, he replied that they were just playing a game. An empty
prescription bottle was observed on the mattress. In addition, Patrolman
Smith observed some pills and a razor blade on a mirror at the front
entrance, which appeared to be controlled substances and drug paraphernalia.
Rogers Fire Department Paramedics transported
Dirkhising to St. Mary’s Hospital emergency room, where he was
pronounced dead at 0532 hours.
During preliminary questioning at the scene,
Josh Brown assaulted Corporal Rick Simmons, and was placed under arrest.
While being questioned by Detective Martha Armstrong after being Mirandized,
Josh Brown stated that he was Davis Carpenter’s lover. Brown
also said that he (Brown) and Dirkhising frequently tie each other
up, although not for sexual purposes. Brown stated that on this occasion
he snuck up on Dirkhising, tied his hands behind his back, placed
a pair of underwear in Dirkhising’s mouth and secured them with
a bandana and duct tape. He placed a bandana over Dirkhising’s
eyes and secured it in place with duct tape. He then placed a tee
shirt over Dirkhising’s head, and checked to ensure that Dirkhising’s
nostrils were not covered. He placed belts around Dirkhising’s
knees and ankles to hold his legs together. Brown then untied Dirkhising’s
wrists and secured them to opposite sides of the mattress. He positioned
Dirkhising on his stomach, placing pillows under his stomach. Brown
then proceeded to penetrate Dirkhising’s anus with various items,
including three (3) fingers of his hand, his penis, a cucumber, a
sausage, a banana and a douche bottle. Brown stated at one point he
prepared and administered an enema for the victim, using his own urine
as the liquid. Brown then positioned a cucumber so that it was slightly
penetrating Dirkhising’s anus, and secured it with tape. He then
went to the kitchen, where he ate a sandwich before returning to the
bedroom. Upon his return, he found that Dirkhising was apparently
not breathing. Brown pulled the tee shirt off Dirkhising’s head,
cut the tape and bandanas away, removed the underwear from Dirkhising’s
mouth and contacted Carpenter. Brown also guessed Dirkhising to be
thirteen or fourteen years old.
Carpenter told officers that Brown woke him
up and told him there was a problem with Dirkhising. Carpenter found
Dirkhising lying on the bedroom floor with his hands bound with tape.
He cut the tape and attempted to administer CPR before calling 9-1-1.
Det. Jarod Mason interviewed Paula McVey, the
grandmother of Jesse Dirkhising (aka: Jesse Yates). Ms. McVey stated
that Davis Carpenter was a friend of Jesse Dirkhising’s mother
and stepfather, who live in Prairie Grove. She stated that for the
last two or three months, Dirkhising had been coming from Prairie
Grove to Rogers to stay with Carpenter on the weekends. She related
that she was under the impression that Dirkhising had been earning
money during those weekends by working for Carpenter at the hairstyling
shop where Carpenter worked. She stated that Carpenter had a younger
male lover who lived with him.
A search warrant for 1207 West Sunset Drive,
Davis Carpenter’s residence, was executed by detectives of the
Rogers Police Department. During the search of the residence, Detectives
recovered numerous small green pills, from the living room and bedroom,
various bottles of prescription medicine, including the controlled
substance amitryptiline, a known heavy sedative commonly used to treat
depression. Also located in the living room, were a mirror with several
of the green pills, and a small quantity of off white colored powder
suspected to be methamphetaminc. Numerous items of evidence were recovered
from the bedroom, including two cucumbers, one of which was covered
with what appeared to be petroleum jelly, the other having what appeared
to be fecal matter on it. Also located in the bedroom was a tube-shaped
sausage, as well as a crushed banana. A plastic disposable douche
bottle with the applicator secured in place with duct tape was found
amongst numerous items used in bondage. The bondage items included
numerous belts, large quantities of duct tape and strapping tape,
handcuffs, nylon rope, what appeared to be a rubber jumprope, and
electrical cord. Detectives located a mass of items which included
used duct tape, what appeared to be a shirt, a pair of men’s
brief underwear, and a bandana, which, according to a statement by
Defendant Josh Brown, were used to gag and blindfold the victim during
the rape. Numerous containers of petroleum jelly were found throughout
the residence.
In the living room, detectives discovered a
computer and related equipment that was still running. When the monitor
was turned on, a program entitled “Medical Drug Reference 4.0”
was running on the computer.
The search also revealed a piece of paper on
which a note was written to “Baby.” (Investigation has revealed
that Carpenter refers to Brown as “Baby.”) In the upper
right hand of the note are listed three types of prescription pills.
The text of the note refers to making a male
(“him”) take “those pills.” It then refers to
positioning pillows beneath the male in a certain way. A different
portion of the same piece of paper says to tell “him” not
to fight or else for the next “14 hours” he will be sexually
assaulted.
The search also revealed another note, addressed
to an unnamed person, which refers to a piece of meat being inserted
in that person’s anus. The note also refers to “Davis”
engaging in sexual intercourse with “you blindfolded on pills.”
There is also a note addressed to “Baby” that refers to
“duct tape in place.”
The search further revealed a hand-drawn diagram
depicting a person on a bed.
There are notations that refer to pillows,
“tape all the way around,” “face down,” the buttocks
of the person “raised app. 2 feet.” Another note was found
in the kitchen area addressed to “baby”, and states “could
cause serious damage-back to 3” sticking out and duct tape in
place.”
The search also revealed a five-page letter
addressed “Hey Baby.” The letter is signed by “Davie.”
In the letter, “Davie” describes seeing “Baby’s”
“little 10 year old blond whore” at her bus stop in the
morning. “Davie” graphically describes how he can envision
“Baby” engaging in various sexual acts with her.
The search also revealed handwritten texts
on a legal pad. In those texts, the writer describes a man making
a “fine crushed white powder” from “the small oddly
purple colored pill.” The writer describes him cutting the pill
in ¼ sections so that he would have “enough to do this
again in 4 hours or so, if he needed (or wanted!).” He then describes
the man giving a nine year old girl a glass of milk with the pill
powder mixed in. The writer then writes of the man laughing out loud
“knowing in 20 minutes the pill dust he’d added would render
her helpless and drunk…” He then describes in detail the
man having the girl first masturbate and then perform oral sex on
him.
Also found on the kitchen table was a receipt
from the Price Cutter Food Warehouse dated September 26, 1999, at
‘0307’ hours. Items purchased on the receipt included tape
for $3.18, “Eckrich” for $2.50, two cucumbers for $1.00
and “meat dept.” for $2.61. A package containing one sausage
was found in the refrigerator and was labeled “Eckrich.”
The sausage found in the package was consistent in appearance with
the sausage found in the bedroom.
A detailed interview was conducted at the Rogers
Police Department with defendant Josh Brown on September 27th, 1999
by Detective Sergeant Hayes Minor. Brown told Sgt. Minor that he and
the victim had been sexually involved for approximately two months.
Brown described the sexual acts as “games” and “playing:
with the victim. He said that the morning of the victim’s death,
he had performed anal sex on the victim for the first time. In sex
acts up until this point, Brown said his penis had never penetrated
the victim’s anus. Brown told Sgt. Minor that on this occasion
he used his fingers, his penis, a cucumber, a sausage, a banana and
a douche bottle to anally penetrate the victim while the victim was
immobile due to the bindings.
Brown was questioned about Carpenter’s
involvement during the rape and told Sgt. Minor that Carpenter stood
in the doorway of the bedroom, naked, and watched Brown and the victim
while he (Carpenter) masturbated. Brown was also asked about the notes
that were found in the residence. When asked about the note found
in the kitchen addressed to “Baby” and stating “Could
cause serious damage-back to 3” sticking out and duct tape in
place”, Brown stated that as he was using the cucumber to penetrate
the victim’s anus, Carpenter stood in the doorway trying to get
his (Brown’s) attention without having to speak. When Brown walked
to Carpenter, Carpenter showed him the note indicating that he should
not put the entire cucumber in the victim’s anus as it may harm
him. Brown stated he returned to the victim and duct taped the cucumber
in place as it penetrated the victim’s anus approximately one
half inch.
Brown was also shown the diagram that depicts
a person bound to a bed, much the same way Brown described the victim.
He stated that the drawing was completed by Carpenter on a much earlier
date. When asked about Carpenter’s knowledge of Brown’s
and the victim’s sexual activities, Brown stated that Carpenter
had walked in on the two in the past. After that occasion, Brown stated
that he and Carpenter talked about Carpenter watching as the victim
and Brown participated in sexual acts.
Brown was also questioned about the receipt
he found in the residence from the Price Cutter Food Warehouse dated
September 26th, 1999, at 0307 hours. Brown told Sgt. Minor that Carpenter
had gone to the store alone and purchased the items, some of which
were used during the rape of the victim.
On September 27th, 1999, an autopsy was conducted
on the victim by the Arkansas State Medical Examiner. Preliminary
results of the autopsy indicate the victim died of “positional
asphyxia.”
A check of Davis Carpenter’s prior record
shows no known prior convictions at this time. During conversations
held with Det. Sgt. Minor, Carpenter stated that he had lived in 26
different states, and knew people in all 50 states.
Carpenter apparently has limited family in
Springdale, Arkansas, but has lived out of state on numerous occasions.
Further investigation revealed that in the past two years, Carpenter
and Brown have lived in at least three different states, including
Florida. A records check of Joshua Brown reveals no known prior convictions.
Joshua Brown also has no known ties to the Northwest Arkansas area.
Based on the seriousness of the offense, the
substantial likelihood of conviction, the nature of the penalty that
may be imposed, and the substantial risk of flight, the State joins
me in requesting that the Defendants, Davis Don Carpenter, DOB:08-02-61,
and Joshua Macave Brown, DOB: 6-7-77, be held without bond for the
offenses of Capital Murder, Class Y Felony, Arkansas Code Annotated
5-10-101; and Rape, Class Y Felony (6 COUNTS), Arkansas Code Annotated
5-14-103.
Det. Sgt. Terry Woodside
Rogers Police Department
212 West Elm Street
Rogers, Arkansas 72756
STATE OF ARKANSAS
COUNTY OF BENTON
Subscribed and sworn to before me this 27th
day of September, 1999
Kathryn McMath
NOTARY PUBLIC
Source:
http://www.americansfortruth.com/affidavit.htm
