IN THE DISTRICT COURT OF THE TWENTY-THIRD DISTRICT
‘SITTING IN LINCOLN COUNTY
STATE OF OKLAHOMA
an
caseno. L053)
FOR THE PERSON OF:
MICHAEL E. PORTER,
P.O, BOX 185
MEEKER, OK
DOB: 04-04-80
‘SSN: 446 88 8938,
Defendant.
APPLICATION FOR WARRANT OF ARREST
ee
‘Comes now the undersigned Affiant on this 20" day of October, 2005, and hereby
‘makes application to the Court for a Warrant of Arrest to issue against each of the following
individual(s):
MICHAEL E, PORTER
In support of this application, the undersigned Afflant, boing first duly sworn, does now
upon said oath, depose and say that the crinie(s) of
MURDER IN THE FIRST DEGREE (21 0.S, § 701.7)
did occur in Lincoln County, Oklahoma, approximately four (4) miles East of Meeker on
Highway 62 and then North on top of the hill to the residence occupied by Raye Dawn Porter
and Michael E. Porter on or about the 11” day of October, 2005.
‘The Affiant believes that the above named individual did commit the specified crimes
by reason of personal knowledge, investigation and the reports of witness related
thelr findings and observations of the facts and circumstances regarding the offense
hereinabove named:
‘THOSE FACTS ARE:
I KEVIN GARRETT, of lawful age, and being first duly sworn upon an oath, deposes and says:
lam a Special Agent with the Oklahoma State Bureau of Investigation, State of Oklahoma, and
hhave so for over eleven years. | have probable cause to believe that the following constituies
‘evidence of a crime:
‘On Tuesday, October 11, 2005, the Lincoln County Sheriff's Office requested OSB! investigative
assistance involving a suspicious death that leter was determined to be a homicide by the Office
of the Chief Medical Examiner. The victim was KELSEY SHELTON SMITH-BRIGGS, WF,
DOB: 12/28/02, Post Office Box 185, Meeker, Oklahoma,
(On Tuesday, October 11, 2005, PATTY BONNER, aka JEAN, Family Care Provider for
‘Services with Comprehensive Home Board Services (CHBS) reported the following information
to OSBI Special Agent STEVE TANNER. On October 11, 2005, from noon until 1330 hours,
BONNER arrived at the residence of RAYE DAWN and MICHAEL PORTER for a weekly visit
with RAYE DAWN's daughter KELSEY. RAYE DAWN and KELSEY were the only people at the
residence. BONNER observed KELSEY climbing on RAYE DAWN and KELSEY appeared and
seemed normal. KELSEY was omery just like a normal two-year old gir, BONNER had been
visiting RAYE DAWN and KELSEY for a litle over three months once and sometimes twice a
Casweek for 2 minimum of two hours per visi. KELSEY seemed real close to RAYE DAWN and if
RAYE DAWN left the room, KELSEY would become anxious and start looking for RAYE DAWN.
‘On Tuesday, October 11, 2005, RAYE DAWN PORTER, reported the following information to
‘OSBI Special Agent KEVIN GARRETT. On October 11, 2005, at 0730 hours, MICHAEL left for
work and he took his daughter WHITNEY PORTER to school in Shawnee, Oklahoma, At noon
Lunt approximately 1316 hours, BONNER was at the residence checking on KELSEY. At 1345
to 1400 hours, RAYE DAWN told KELSEY, "mommy was tired and going to lay down’. They go
to RAYE DAWN's bedroom, get into the king size bed, and watch television. Within fiteen
minutes, KELSEY fell asleep and then RAYE DAWN fell asleep. MICHAEL came home at 1445
hours and he woke RAYE DAWN up. RAYE DAWN got up leaving KELSEY sleeping in the
bed. KELSEY was breathing lying on her back with her head toward the top of the bed
KELSEY's head was on the feather pillow, RAYE DAWN left to pick up WHITNEY who gets out
of schoo at 1500 hours. Kelsey was breathing fne-and.nainlutes to her ebdominal area when
RAYE DAWN left the residence. RAYE Teft Kelsey in exclusive custody of MICHAEL
and no one else was in the house. RAYE DAWN arrived at schoo! around 1510 hours and
‘drove back home. At approximately 1530 hours, RAYE DAWN drove up to her residence and
saw one ambulance and one Meeker Fire and Rescue truck at her house. KELSEY was inside
the ambulance. MICHAEL told RAYE DAWN that KELSEY was sleeping. MICHAEL walked
into the bedroom and KELSEY was having a seizure.
(On Tuesday, October 11, 2005, MICHAEL E. PORTER, reported the following information to
(SBI Special Agent STEVE TANNER. On October 11, 2005, at 1415 or 1430 hours. MICHAEL
left work in Meeker, Okiahoma driving straight home. When MICHAEL arrived home, RAYE
DAWN and KELSEY were sleeping in MICHAEL and RAYE DAWN's bed. RAYE DAWN got up
and KELSEY was stil sleeping. At approximately 1440 to 1445 hours, RAYE DAWN lef to pick
Up MIGHAEL's daughter WHITNEY at school in Shawnee, Oklahoma, KELSEY was stil asleep
inthe bedroom and MICHAEL was the only other person at home. MICHAEL cleaned up the
kitchen, did some laundry, went upstairs to turn some lights off, and did some other things.
‘About fifteen to twenty minutes after RAYE DAWN left, MICHAEL was walking into the living
room to turn on the television. As MICHAEL walked past his bedroom door where KELSEY
slept. MICHAEL heard KELSEY grunt; the grunt was a weak grunt. MICHAEL ran into the
bedroom and saw KELSEY having what he thought was a seizure. KELSEY had had seizures
inthe past that MICHAEL had witnessed. KELSEY was lying on top of a pillow in the bed.
KELSEY looked stif, her neck was stretched up, her hands were at her sides, her hands were
clenched, and her jaw was clenched on her tongue. KELSEY's lips were blue and MICHAEL
thought KELSEY had quit breathing. MICHAEL ta 3) and kept yeling at
herto wake up. MICHAEL picked KELSEY up and she was n HAEL walked acund
and teling KELSEY to wake up. KELSEY’s eyes were open and her eyes were roling aroul
KELSEY gave a small grunt and itwas a guttural sound. MICHAEL carried KELSEY to the
kitchen and put cold water on her face. A couple of minutes past and MICHAEL knew KELSEY
was not coming out of it. EL something was wrong. MICHAEL didn't have any car
Keys and a dent know whet todo, MICHAEL calod GAYA SMITH, RAYE DAWN's mother,
MICHAEL knew SMITH was only aboUt ten minutes away. SMITH told MICHAEL she was on
her way and for MICHAEL to call 811. MICHAEL lay KELSEY down on the kitchen’ island end
called 911. As MICHAEL talked with 911, KELSEY became more unresponsive. MICHAEL no
longer heard any guttural sounds from KELSEY. MICHAEL put his head near KELSEY's chest
to listen for air. KELSEY was not breathing and MICHAEL tilted KELSEY’s head back.
MICHAEL gave KELSEY four, five, or six breaths. MICHAEL kept talking to KELSEY to wake
her Up. MICHAEL also did a few chest compressions to KELSEY. MICHAEL picked KELSEY
Up and held her in his right am, KELSEY would grunt and MICHAEL thought she was being
responsive. MICHAEL was going to go outside and wait on GAYLA and the ambulance,
MICHAEL looked out the window and saw his friend MIKE TABER pull up the driveway.
MICHAEL went outside with KELSEY in his right hand and the telephone wae in his let hand.
KELSEY was limp and wobbly. TABER attempted fo hold KELSEY and MICHAEL handed the
telephone fo TABER and told him to talk to 811. A couple of minutes later, SMITH pulled up inthe driveway. SMITH took KELSEY from MICHAEL and the Meeker First Response showed up.
‘They took KELSEY from SMITH, put KELSEY in the ambulance, and started working on
KELSEY,
On October 14, 2005, MICHAEL NEAL TABER, reported the following information to OSB!
‘Special Agent KEVIN GARRETT. On Tuesday, October 11, 2005, at approximately 1520 hours,
TABER went fo MICHAEL PORTER'S residence to pick up four tires and wheels he had
Purchased from MICHAEL. TABER drove toward the long driveway to MICHAEL 's residence.
Half way up the driveway, TABER could tell MICHAEL was outside, TABER drove up and
parked by the residence. MICHAEL was holding KELSEY against his shoulder lke you would
burp a baby. MICHAEL had the telephone in one of his hands. KELSEY's eyes were berely
open. MICHAEL was crying and saying, "KELSEY wake up", “MIKE, | don't know what to do".
MICHAEL did not mention anything about giving KELSEY GPR. TAGER took the telephone
from MICHAEL and the 911 dispaicher was on the telephone. TABER told the dispatcher we
have an emergency and gave the residence directions to the dispatcher. She said the
ambulance had been dispatched. Several minutes, no longer than five minutes, GAYLA SMITH
arrived. SMITH ran up to MICHAEL and took KELSEY from him. SMITH was holding and
talking to KELSEY. The Meeker Fire and Rescue arrived short of making it to the residence.
‘SMITH had met them with KELSY. RAYE DAWN drove up with WHITNEY. RAYE DAWN
walked up to SMITH and asked what was wrong with my baby. RAYE DAWN started to scream
after SMITH talked to RAYE DAWN.
(On Tuesday, October 11, 2005, GAYLA ANN SMITH, reported the following information to OSAL
‘Special Agent KEVIN GARRETT. On October 11, 2005, at approximately 1530 hours,
MICHAEL PORTER called SMITH saying KELSEY had woke up and having a seizure.
KELSEY's tongue was sticking out of her mouth. SMITH told MICHAEL to call 911 and she
rove to the residence. MICHAEL had KELSEY in his arms outside in front of the house by the
garage. SMITH was holding KELSEY's hand and KELSEY clinched SMITH's hand for a
second. The ambulance hasn't arrived and MIKE TABER and his son were also at the house.
‘The Meeker First Responders arrived first. DAVID JENKINS and GREG SEBASTIAN started
taking care of KELSEY.
(On October 14, 2005, JOHN DAVID JENKINS, Intermediate EMT for the Meeker Voluntary Fire
Department, reported the following information to OSBI Special Agent KEVIN GARRETT. On.
Tuesday, October 11, 2008, at 1516 hours, JENKINS and GREG SEBASTIAN were dispatched
through the Lincoln County Sheriffs Office for a Meeker First Responder unit to go one mile and
Cone eighth of a mile east on highway 62 for a child not breathing call. This address ended up
being wrong and later JENKINS heard the Prague ambulance being dispatched four miles and
‘ne eight of a mile east on highway 62 for a difficulty breathing call. At 1527 hours, JENKINS
and SEBASTIAN arrived at the residence. GAYLA SMITH was carrying KELSY on SMITH's
shoulder to the rescue unit. MICHAEL PORTER was walking behind SMITH. SMITH handed
KELSEY to JENKINS. KELSEY had a blue tint coloring on her skin. KELSEY's fingernail
coloring was blue and her lips were also blue in color. KELSEY had blue blotches on both
cheeks and chin area. JENKINS couldn't tell fit was bruising or from KELSY not having
perfusion, lack of oxygen. JENKINS checked KELSEY's ainvay, breathing, and circulation,
KELSEY had no pulse and her body was at outside temperature. JENKINS knew KELSEY was
dead. JENKINS did not see CPR being done on KELSEY. Neither SMITH nor MICHAEL told
JENKINS that any CPR had been done. JENKINS and SEBASTIAN started CPR on KELSEY
‘and her skin started to turn a pink color. At approximately 1620 hours, the Prague Ambulance
arrived.
‘On Wednesday, October 12, 2005, KEVIN ROWLAND, Office of the Chief Medical Examiner,
Chief Investigator, reported the following information to OSBI Special Agent KEVIN GARRETT.
ROWLAND reported KELSCY’s cause of death was Blunt Force Abdominal Trauma and the
‘manner of death was homicide. KELSEY had major abdominal trauma and it was non-
accidental abdominal trauma. KELSEY had a lot of bleeding in her intestines. KELSEY had
EYbruising on pressure points of ribs, front of chest, side, and back. KELSEY also had bruising
between the vagina and anus. ROWLAND felt the injuries could have been caused from
poselble kneeing, punching, or squeezing. KELSEY also had upper lp rising
‘On Wednesday, October 19, 2005, INAS YACOUB, Office of the Chief Medical Examiner,
Pathologist, reported the following information to OSBI Agent KEVIN GARRETT. YACOUB
reported the injuries which caused the death of KELSEY were recent. There was no clotting of
the blood in the abdominal cavity.
EL, 1ol2elos™
‘Affiant
FINDINGS OF PROBABLE CAUSE
|, tho undersigned Judge of the District Court, upon application and examination of
sworn testimony andior affidavit, hereby find that probable cause EXISTS to issue a warrant of
arrest for the following individual: MICHAEL &. PORTER
for the crime(s) of: MURDER IN THE FIRST DEGREE (21 0.S. § 710.7)
Dated this 20 day of OCTOBER, (z005.
Judge of the District Court'N THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL DISTRICT OF
‘THE STATE OF OKLAHOMA SITTING IN AND FOR LINCOLN COUNTY.
THE STATE OF OKLAHOMA,
Plaintif,
vs Case No. CF-2005-2/9
MICHAEL E, PORTER
ADDR: P. 0, Box 195
Meeker, OK 74858
ssn: = >
DOB: 04/04/80
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Defendants),
FELONY WARRANT
‘STATE OF OKLAHOMA, COUNTY OF LINCOLN, TO ANY LAW ENFORCEMENT OFFICER:
YOU ARE HEREBY COMMANDED to forthwith arrest and take said MICHAEL E, PORTER into
custody for the effense(s) of:
COUNT 1; MURDER IN THE FIRST DEGREE~ 21 0.8. § 701.7 a FELONY
‘and bring him before me or somo other Magistrate haviny cognizance of the case, to be dealt
with according to law. You are further directed to execute this wrt or warrant either in daytime of
nighttime,
Send for the release of the above named defendant, to guarantee sald defendant's appearance
ail the Court's proceedings herein, be and the same Is hereby fixed in the sum of $9. pone
Lntil the further Order of the Court.
Dated this 264 aay of Ccober, 2006
‘Judge of the District Court
Presenting Agency (OKLA STATE BUREAU OF INVESTIGATION Agency Case Number
EXTRADITE / ENTER Note: yes No
Cree ONE: LOCAL ONLY ALL STATES SURROUNDING STATES
(dontiiers: Gender: Male Race WHT
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olor: BLACK.IN THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL oisfrt,
THE STATE OF OKLAHOMA SITTING IN AND FOR LINCOLN COU!
2005 JUL 21° PS 15 |
CINDY Vi cT.
LiNéoLW ES “OMENS
‘THE STATE OF OKLAHOMA,
Plaintiff,
MICHAEL LEE PORTER
ADDR: P.O. Box 185
Meeker, OK 74855
SSN zt
Dos: 04/04/80
Case No. CF-2008-219
Defendant,
AMENDED INFORMATION
FOR:
COUNT 4: MURDER IN THE FIRST DEGREE~ 21 0.8. § 701.7 AND 10
OS. § 7415 a FELONY
ORIN THE ALTERNATIVE TO COUNT 4:
COUNT 1: CHILD ABUSE ~ 10 0.8. § 7415(A) a FELONY.
COUNT 2: SEXUAL ABUSE OF A CHILD ~ 10 0.8. § 7116(E) a FELONY |
STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE:
|, RICHARD L. SMOTHERMON, the undersigned District Attomey of said County, in the |
frame and by the authority, and on behaif of the State of Oklahoma, give information that in said |
County of Lincoln and in the State of Oklahoma, MICHAEL LEE PORTER, did then and there
uunlawAully, wilfully, knowingly and wrongfully commit the crime(s) of:
COUNT 4; MURDER IN THE FIRST DEGREE ~ a FELONY, on or between the 1" day of |
January, 2005 and the 11" day of October, 2005, A.D., the crime of MURDER IN THE FIRST |
DEGREE was feloniously committed in Lincoln County, State of Oklahoma, by MICHAEL LEE
PORTER, wha willfully or maliciously injured, tortured, maimed, or used unrcasonable force
upon a child under the age of eighteen (18) years, specifically: Kelsey Smith Briggs, thirty-three
(83) months of age, to-wit: by MICHAEL LEE PORTER severely beating or using unreasonable
force upon Kelsey Smith Briggs, thereby inflicting blunt force trauma to her abdomen resutting in |
bruising, lacerations and intemal injury; and beating her on or about the head, face, chest, back, |
buttocks, legs, inflicting mortal wounds which caused her death on the 11” day of October, |
2005, contrary to the provisions of Section 701.7 of Title 21 and Section 7115 of Tile 10 of the
Oklahoma Statutes, and against the peace and dignity of the State of Oklahoma.
DEFENDANT'S
EXHIBIT,
pens~ OR IN THE ALTERNATIVE ~
COUNT 1 — CHILD ABUSE ~ » FELONY, on or botween the 1" day of January, 2008, and
the 11° day of October, 2005, the crime of CHILD ABUSE was feloniously committed in Lincoin
County, State of Oklahoma, by MICHAEL LEE PORTER, who wilfully or maliciously injured,
tortured, maimed or used unreasonable force upon a child Under the age of eighteen (18) years,
specifically: Kelsey Smith Briggs, thity-tnree (33) months of age, to-wit: by MICHAEL LEE
PORTER severely beating or using unreasonable force upon Keisey Smith Briggs, thereby
inflicting blunt force trauma to her abdomen resutting in bruising, lacerations and intemal injury,
and bealing her on or about the head, face, chest, back, buttocks, legs, on the 11" day of
October, 2005, contrary to the provisions of Section 7115 of Title 10 of the Oklahoma Statutes,
and against the peace and dignity of the State of Oklahoma
COUNT 2, CHILD SEXUAL ABUSE ~ a FELONY, on or between the 1" day of January,
2005, and the 11% day of October, 2005, the crime of SEXUAL ABUSE OF A CHILD was
{eloniously committed in Lincoln County, State of Oklahoma, by MICHAEL LEE PORTER, who
knowingly and intentionally looked upon and touched the body and private parts of Kelsey Smith
Briggs, who was at the time thirty-three (33) months of age or less, in@ lewd and lascivious
manner and in a manner calculated to arouse and excite sexual interests, to-wit: by MICHAEL
LEE PORTER sexually assaulting Kelsey Smith Briggs in the anal and/or vaginal area with a
part of his body or an unknown foreign object resulting in bruising and tearing to the anal and/or
vaginal area of Kelsey Smith Briggs, contrary to the provisions of Section 7115 of Title 10 of the
Oklahoma Statutes, and against the peace and dignity of the State of Oklahoma,
RICHARD L. SMOTHERMON
DISTRICT ATTORNEY
or eal
Richard L. Smothermon
District Attomey
WITNESSES ENDORSED FOR THE STATE OF OKLAHOMA