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ARRES,T WARRANT

(DISTRICT)(COUNTY) COURT, EL PASO COUNTY, STATE OF COLORADO

WARRANT NUMBER i 1 O~5881 aw2 FILED IN THE'pISTR!9T AND

CQUNTY ,".,OURT;::, OF

EL p,,\SC COUNTY r;Ol.oR;.\DO

The People of the State of Colorado, Plaintiff

v.

Lync1hj Moni,que .• DO'S: 08/13/198Q, SSN""- .... a black femalle. He,ig,h:t: 5'111. WeIght: 180, Ha'jlr: Black, Eye,s: Brown, Defendant

Whereas Detective Joseph Kelemen has made an Application and Affidavit to the Court for the issuance ofan Arrest Warrant, and;

Whereas the application is in proper form and probable cause is found to believe that the person named in the application has committed the offense(s) of:

CRS 18-6-401. Child Abuse resulting in death, 1 Count, Class 2 Felony in violation of Colorado Revised Statutes within the County of EI Paso and State of Colorado;

THEREFORE, any peace officer .into whose hands this Arrest Warrant shall come is hereby

ordered to arrest: Lynch. Monique.,.DOB: 08/13/1980. SSN: , a black female,

Height: 511, Weight: 180, Hair: Black. Eyes: Brown, and bring her without unnecessary delay before the nearest Judge of the County or District Court.

It is further ordered that Bond is set in the amount of:

$ J)Do,OOC>. a:::> (~v-:;.. hVf'.lJ2...d +kC)tlgo1N':~)

dollars

Done this 5? Jf!_

----=-----

0~. 10

day of ~__II__---- __ -,20-. _

RETURN AND SERVICE: I have duly served this Arrest Warrant by arresting the aforementioned

Defendant as required on the . day of , 20 _

Signed: ~:--

Law enforcement agency: EI Paso County Sheriff's Office

£c SIS

(DISTRICT) (COUNTY) COURT, £L PASO COUNTY, STATE OF COLORADO WARRANT NUMBER ilO-5881aw2

RU_:O iN' T: i:_ DiSTRI.crr AND

APPLICATlON AND AFFIDA vrr FOR ARREST WARRANT

COUNTY COUI4tTS Ot":

EL p,~so COUNTY'. ':Ot09'\110

The People of the State of Colorado, Plaintiff

V.

Lynch, 'Monique.! ;0'08: 08/1'31198,0, SSN: ' •••• 11, a black female, Hetght: 5'111" We'i:g'ht: 180, Ii-Iaiir:, Bfack, 'Eyes: Brown, Defendant

The undersigned, a peace officer as defined in 10-1-901 (3) (1), C.R.S. 1973, as amended, being first duly sworn on oath moves the Court to issue an Arrest Warrant for: Lynch,

Monique., 0.08: 08/13/19'8'0, SSIN': ,a black female, Helqht: 511, Weight: 180"

H'a:ir: Black, Eyes: Brown provided in Rule 4.2 of the Colorado Rilles of Criminal Procedure.

As GROUNDS THEREFORE, the undersigned applicant states that the facts submitted in support of this request are set forth in the accompanying attachment designated as Attachment "A'; which is attached hereto and made a part hereof and that probable cause exists to believe that the aforementioned person has committed the offense/s) of:

eRS 18-6'-401 Child Abuse resulting in death, 1 Count, Class 2 Felony in violation of C.R.S. 1973, as amended within the County ofEl Paso and State of Colorado.

It is respectfully requested that bond on this Arrest Warrant be set in the amount of:

s S-OO( CCLJ.OO Dollars

~<1:-1!\, ~ OlA/O '7 icant

El Paso County Sheriff s Office Deputy Sheriff

Sworn and subscribed before me this _<6--=-'~ __ day of __ "Jl_~_. -.-1"'--------, 2010.

_L/~

Judge

EC

--

sa

A TiT" ACHM'E NIT "A"

Your Affiant is Detective Joseph Kelemen, a regularly employed Deputy Sheriff for the- County of EI Paso, State of Colorado" and currently assigned to the Investigations Division of the EI Paso County Sheriff's Office (EPSO), Your Affian,t has been so employed for the past 14 yEH~.r:S.

The facts set forth within this affidavit are based upon information your affiant has gained from this investigation, your affiant's personal observations, your affiant's training and experience, arid/or information related to your affiant by other law enforcement officers. Since this affidavit is being submitted for the limited purpose of securing an arrest warrant, your affiant has not included each and every fact known to him' ooncemlnc this investigation, but have set forth only the facts thait are necessary to establish probable cause to believe that violations of CRS: 18-6-4101 Chiild abuse resuUing. in death occurred.

On Friday, May '14, 2010, Your Affiant was contacted by Detective Sergeant B. Burns and briefed wi!th specifics regarding a suspicious death at the. residence of 764 Century Place #A, Monument, unincorporated EJ Paso County.

Your Affiant learned tbe following':

On Friday, May 14, 2010, at approximately 4:30 .p.m. Sergeant William Burns was contacted by the Monument Police Department In regards to a suspicious incident. Sergeant Burns relayed the following facts. He stated on this day at approximately 3:45 p.rn. Officers from the Monument Police Department were dispatched to 764 Century Place, unit "AI! in regards to a possible body which was located in a crawl space inside of the residence, by contractors who were replacing a sump pump. Your Affiant was told the contractors had discovered a g,arbage bag under the crawl space" while digging more than 30 inches down when they found what they initially thought was buried trash due to the strong odor emanating from it. Your Affiant was informed that after they replaced the sump pump they became curious about the bag they had found buried deep in the crawl space and decided to check it when they discovered what appeared to be human remains.

At approximetely 6':00 p.m., YO'Ujr Affiant'alang with Sergeant Burns and Inspector San Agustin responded to the above mentioned address. Your Affiant learned the following information; the property had been vacant since October 2009. The owner, identified as Bob Longfield who currently resides in Arizona, had recently hired two independent contractors to do some repairs at the residence for: hi'm. The contractors were identinedas Mark Michael DOB: 02-23-69 and Mark Schoninq, DOB: 10-31~77 and are the parties who found the remains.

On Saturday, May 1 S, 20l0, at approximately 8:00' a.rn., Dr" Robert Bux performed an autopsy On the victim.

The unidentified victim, referred to as Jane Doe at the tilrme" was describec as a female approximately 7-10 years of age. She measured appro,ximartely 5"01" tall and weighed approximately 43 pounds with her clothes on. She was wearing socks, jeans, underwear, and a tshirt. Additionally, a friendship-type wristband was located on herleft wrist. The victi'im appeared to be a black female; however, Forensic Pathologist Dr. Bux couldnot eonftrrn that art that time.

Investigators were able to determine through interviews and record searches that the residence was occupied by a black family from November 20'0'8 to Pe'bwary 2009. They were identified as Monique Lynch, Hanif Sims and two children described as a 12 year old male Devon Lynch and 7 year old female Genesis Sims. During a neighborh.ood canvass, a~ least two nei:ghbors advised they had stopped seeing Genesis at the residence and asked the parents where she was. They were told by the parents that they had sent Genesls back to IIIve with h.er famrliy in New Jersey. The

neighbors also said thley had wiltnessed physical abuse of Genesis Sims by Hanif Sims, and Monique Lynch.

Detectives were able to identify family members for both Hanif Sims and Montque Lynch and none of the family members had seen Gensis alive since they left New Jersey, even though they had been told contradicting stories by Hanif Sims and Momque Lynch concerning the clrild's

, ,

whereabouts.

On May 28,2010 Detective Losasso interviewed Devon Lynch, the son of Monique Lynch who had resided with the Moriique Lynch and Hanff Sims the last time Genisis had been seen alive. Devon was in foster cafe at the time of Detective Losasso's interview. Devon said on December 10, 2008 he had been at home at 764 Century Place in Monument, Colorado to open his birthday gifts. wrtM his step sister Genesis. He said afterwards he went over to his friend Jonathan's house until December 12, 2-008. Devon said when he returned he was told by his mother and Hanif they had sent Genesis back to New Jersey to live with her biological mother.

Detectives contacted the biological mother of Genesis Sims, Jopetia Garretson, who said she has not seen or heard from her daughter Genesis since Monique Lynch and Hanif Sims moved to Colorado in 2008. Ms. Garretson provided buccal swabs to investigators to compare her DNA with the DNA of the victim.

Detective Losasso showed Devon Lynch a picture of the multi-colored burlap bag Jane Doe's body was found inside. Devon positively identified the bag as one his mother used to put laundry in.

On July 5, .2010 at approximately 4~OO p.m. Detective Losasso was contacted Iby Detective Sergeant William Burns in reg-ard to this investigatiiolil. Sergeant Burns advised he had been contacted by the EI Paso County Sheriff's Office Public Il:)for::matiO!f)'s Officer (PIO) identitled as Lieutenant Lari Sevene. He said she informed him Reporter Tak Landrock of KRDO News Channel 13 had called her and stated he had been in contact with both Hanif Sims and Monique Lynch reference our investigation. Sergeant Burns said Mr. Landrockinformed him that he had recorded his conversation with Sil~lS ,and Lynch ~1'I'1d conFirmed that they had offered an explanation for the death and burial of Genesis Sims. Mr. l.androck agreed to provide the Sheriff's Office a copy of the interview' if a warrant or subpoena for the recording was provided.

On July 5,2010, Detective R. Losasso conducted an interview wit-~ Tak Landrock at the EI Paso County Sheriff'S Office Law Enforcerrrent [Bureau. Mr. l.androck advised he had initially been contacted by Monique Lynch and Ha!l'l)f Sims via his Facebook account through the internet and theri later by cell phone. Mr. t.androek stated Monique told him she had an 'explanation as to what happened to th~ir daughter Genesis Sims and would be wilHng to talk to detectives In reference to the case. Mr. Landrock provided a cell phone number for Monique Lynch and Hanlf Sims, but when Detectives attempted to contact them, determined the cell phone had been turned off. Messages were left for Monlque Lynch and Hanif Sims but never returned.

A warrant was obtained for the recording containing the conversation between Monique Lynch and Hanif Sims, Which was provided by New Channel 13. After reviewing the recording, Monique Lynch made statements as to being at a friend's house and returning to her residence, at 764 Century Place #A, Monument, Colorado and finding Genesis Sims in the shower "dead". Monique Lynch stated that her husband attempted "CPR" on Genesis but was unsuccessful ln reviving her. Monique Lynch stated durIng the recording that she and Hanif had held a memorial service for the chilld, when they buried her in the crawlspace of the residence and said she had left flowers on tme grave. When questioned as to why she did not caf 9:11, Ms. 'Lyrnch said sine did not trust the Monument Police Department.

On July 6, 2010, LabCorp, a private laboratory and the Colorado Bureau of InvestigatIons confirmed that the samples tested from the victim Jane Doe in this case was the biological daughter of Ms. Garretson and proving that the corpse was that of Genesis Sims, DOB 1/19i01.

Investigators obtained lawful search warrants for phone records of Monique· Lynch and court order for the production of records in regards' to Facebook accounts for Monlque Lynch. This information, combined with some investiqative leads, Monique Lynch and Hanif Sims were located in a motel in Henderson Nevada,

Authorities in Henderson Nevada were contacted and responded to the address where they took Monique Lynch and Hanif Sims into custody on existing outstandling warrants. Both Monique Lynch and Hanif Sims were booked! into the Henderson Nev.ada Detention Center.

On July 7, 2010 Sergeant Detective R. Jaworski and Detective.R. Losasso responded to Henderson Nevadaln an attempt to interview Ms. Lynch and Mr. Sims 'in reference to this case.

Atapprox.imately11 :'00 p.rn., Sergeant Jaworski and Detective Losasso conducted an interview of Hanif Sims at the Henderson, Nevada detentioh facility. Hanif was explained his Miranda Rights, waived those rights and agreed to speak with them. Hanif Sims told Detective Losasso that on the day of her death, Genesis Sims had soiled herself and Monique Lynch became upset and began "beatinq" her with a belt. Ha.n-if said he told Monique to stop she had disciplined Genesis enough. Monique then took Genesisupstairs to clean her up. Hanif left the residence to go the store to buy cigarettes. Hanif Sims said when he returned to the residence, about a half hour later, he went upstatrs and found Monlqus i'A the bathroom with Genesis. Genesis was dead in the ba.tfc'rtl1b. Hanif Sims became very emotional and his voice faded. When asked if he thought that Monlque ILynch was responsible for Genesis Sims death he hung his head nodded vertically and stated! "Yes".

On July 8,2010 at approximately 1 :30 a.rn., Detective Losasso conducted an interview with Ms. Lynch In reference to this case .. Ms .. Lynch stated she has never abused her children or even spanked them. When confronted with her son Devon telling Detectives she had spanked them with a belt. Monique stated Devon was a "liar". Monique stated she dlid not contact police when she found Genesis il'1l the shower because the police were racist.

On July 8, 20110 a:t approximately 11 :00 a.m., a second interview was conducted with Hanif Sims by Detective Losasso and Sergeant Jaworski. During the interview, Hanlf 8i'ms provided additional details to include, on the day Genesis died he had returned from the store and went upstairs to find that Monique Lynch was in the bathroom with Genesis, who was in the bathtub. Hanif Sims said Monique Lynch was yel.ling at Genesls. telling her to "get her ass up and quit faking."

Hanif said he picked Genesis up took her to the bed and gave her mouth to mouth because she didn't seem to be breathing. Hanif said it appeared that Geneeis SIms was breathing, 'but shallow.

According to Hanif Sims, he told Monique to call 911, but that Monique told him no because she was wanted on a warrant for her arrest and she was pregnant with, another cbjld and could not afford to go to jail. Hanif admitted to detectives that he believed that if medical had! responded when they should have called, Genesis would be alive today.

Hanif Sims stated that he and Monique Sl'ms stayed in a bedroom with a shauow breathln{j; Genesis Sims for two days before Monlque Lynch place the victim into the multi-colored burlap bag, then placed that bag into a black trash bag.

Hanif Sims stated he carried the bag lnto the crawl space, where he and Monique together dug the hole that the body was buried in. Hanif Sims never provided that the victim stopped her shallow breathing prior to being placed in the bag and buried.

In summary, H1anif Sims lis- the victim's biological father. Monique lynch was living with the victim and was a regular care provider for the victim. Bath Hanif S'ims and Monique Lynch were reported for abuse of the victim or have been witnessed in abuse of victim. According to Hanif Sims, two days prior to the victim's death, the Victim was beaten by Monique Sims and that action resulted in the viotim lying in an unconscious state in the bathroom of the home in EI Paso County Colorado .. The victim was alive and breathing, albeit shallow. while both Hanlf Sims and Monique Lynch made the decision to refuse medical care for the crutd and did not call 911 or request care. After two days, according to H;3.nif Sims, Monique lynch placed the victim in a sack and plastic bag. Mr. Sims provided that he carried the victim in the bags to a crawl space betowthe home located at 764 Century Place, #A, where both he and Ms. Lym~h dug a "deep" hole and buried the victim together.

Therefore, based on the above described facts and circumstances, Your Affiant. respectfully moves this Honorable Court for issuance of an arrest warrant naming Lync'h, MCHil,jque., 0013: 08/13/1980, SSN: f a black female, Height: 511, W~.ig,ht 180, Hair: Black, Eyes: Brown, as defendant fOJ the crime(s) of: CRS 18-6·401 Child Abuse (r~suilting i>Ii death)" 1 Count, Class 2 Felony C.RS. 1973, as amended.

I Date

/:.~

Judge

Date

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