PC Affidavit-A Cowellspdf.pdf -

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CASE NUMBER: 20D03-2106-F5-000132 FILED: 6/23/2021 STATE OF INDIANA ) IN THE ELKHART SUPERIOR COURT 3 ) SS: COUNTY OF ELKHART ) CAUSE NO. 20D03-2106-F5- STATE 0F INDIANA ) AFFIDAVIT To SHOW ) PROBABLE CAUSE -vs— ) ) ANDREW J. COWELLS ) DOB: 4/24/1974 ) Comes now the undersigned Afﬁant, a law enforcement ofﬁcer for the Concord Community Schools Police Department, and after being duly sworn upon his oath states as foilows: 1. THAT on or about she month of May 2021, according to police reports ﬁled by Ofﬁcer Darrin Tucker of the Concord Community Schoois Police Department, foﬂy—seven (47) year old ANDREW J. COWELLS, a teacher at Concord High School, became the subject of an investigation involving inappropriate behavior with students at Concord High School, which is iocated at 591 l7 Minuteman Way in City of Elkhart, County of Elkhaﬁ, State of Indiana. THAT during number of students patticipated in forensic interviews at the course of the investigation, a the Child and Family Advocacy Center (CFAC). Each student was interviewed individually, and each student was able to distinguish between the truth and a lie. All students agreed to be truthful in their interviews. THAT ﬁfteen (15) year old Victim 1 was intewiewed at CFAC. Victim l said that on the morning of May 2021, COWELLS spoke about sexual topics all morning. Victim l indicated that COWELLS 5, attempted to get Victim 1 to touch his own private area while Victim l stood on top of a chair in the classroom. COWELLS toid Victim I to put his hands in his own pockets and touch himself, referring to the action as “pocket pool”. COWELLS stated out loud that he was aroused during this discussion. THAT ﬁfteen (15) year old Victim 2 was interviewed at CFAC. Victim 2 said that 0n the morning of May 2021, the classroom door was shut when he arrived to class. He indicated that was unusual. He S, said COWELLS talked about sexual things and sat on a girl’s desk in the classroom. COWELLS told Victim 2 he wanted Victim 2 to get up so COWELLS could “grind” on him during class. After Victim 2 refused, {wo girls in the class stood up and “grinded” on each other while COWELLS clapped for them. THAT ﬁfteen (15) year old Victim 3 was intewiewed at CFAC. Victim 3 said that on the moming of May 2021, Victim 3 was in the boys’ restroom when COWELLS entered with several students. S, COWELLS pulled down his pants in front of everyone and instructed Viot£m 3 t0 use the bathroom next to him. Instead, Victim 4 came into the restroom, and went into a stali. COWELLS grabbed Victim 4’s butt and looked over Victim 4’s shoulder as Victim 4 urinated. COWELLS repeatedly grabbed Victim 3 ’s hand and tried to get Victim 3 to touch Victim 4’s butt. THAT 4 was interv£ewed at CFAC. Victim 4 said that on the morning 0f sixteen (16) year old Victim May 5, 2021, Victim 4 encountered COWELLS and other students in the restroom. Victim 4 went into a stall, and COWELLS touched him on his legs and his butt. COWELLS tried to put his head under Victim 4’s arm so that COWELLS could watch Victim 4 urinate. COWELLS made comments about Victim 4’s body and tried to get Victim 3 to touch Victim 4’s butt. THAT several students informed police that COWELLS sent an inappropriate text message to ﬁfteen (15) year 01d Victim 5 on the morning of May S, 2021. Ofﬁcers conﬁrmed through electronic records that COWELLSsent Victim 5 a text message that COWELLS was aroused by Victim S because she likes girls. COWELLS showed this message to his class. THAT sixteen (16) year old Victim 6 was interviewed at CFAC. Victim 6 said that on the morning of May 5, 2021, COWELLS made sexual comments that made Victim 6 feel uncomfortable. Victim 6 also said that in the boys’ restromn, COWELLS tried to look over the walled stall to see Victim 6’s private area while he urinated. Victim 6 leaned up against the wall in attempt to keep COWELLS from seeing CASE NUMBER: 20D03-2106-F5-000132 FILED: 6/23/2021 THAT sixteen (16) year old Victim 7 was interviewed at CFAC. Victim 7 said that 011 the morning of May 5, 2021 , COWELLS told sexual jokes and asked if anyone had the courage to Iet him (COWELLS) touch them. COWELLS taunted the class for someone to volunteer. When Victim 7 stood up, COWELLS touched Victim 7 on his body, from his shoulders to his butt. 10. THAT during the course 0f the investigation in this case, a search warrant was completed for the search of COWELLS’ cell phone. The search warrant was signed by Magistrate Dean Burton on May 6, 2021. While searching the phone for a screenshot of COWELLS’ conversation with Victim 6, ofﬁcers located what appeared to be nude photos of children. An additional search warrant was approved by Magistrate Eric Ditton on June 2, 2021. During the subsequem search of COWELLS’ ceil phone, numerous images depicting boys in various stages of undress were located. 11. THAT during the search, ofﬁcers found IMG_JO94, which appeared to depict two young boys engaging in sexual activity. This imagewas dated 7/29/20] 7 and last accessed 6/24/2020. 12. THAT during the search, ofﬁcers found IMG_2080, which appeared to depict a teenage boy having oral sex with an adult male. This image was dated 2/24/20} 8 and last accossed 6/24/2020. 13. THAT during the search, ofﬁCCrs found IMG_2098, which appeared to depict a teenage boy exposing his genitals. This image was dated 2/24/2018 and last accessed 6/24/2020. 14. THAT during the search, ofﬁcers found IMG_2106, which appeared to depict a teenage boy exposing his genitals. This image was dated 2/25/201 8 and last accessed 6/24/2020. 15. THAT during the search, ofﬁcers found IMG_2E89, which appeared to depict a teenage boy exposing his genitals. This image was dated 3/ l 1/201 8 and last accessed 6/24/2020. 16. THAT during the search, officers found IMG_21 92, which appeared to depict a teenage boy exposing his genitals. This image was dated 3/1 112018 and last accessed 6/24/2020. 17. THAT during the search, ofﬁcers found IMG_2246, which appeared to depict a young boy exposing his genitals. This image was dated 3/15/2018 and last accessed 6/24/2020. 18. THAT during the search, ofﬁcers found IMG~2290, which appeared to depict a teenage boy exposing his genitals. This image was dated 3/25/2018 and last accessed 6/24/2020. 19. THAT during the search, ofﬁcers found IMG_2348, which appeared to depict a teenage boy exposing his genitals. This image was dated 4/1/201 8 and last accessed 6/24/2020. 20. THAT during the search, ofﬁcers found IMG_2533, which appeared to depict an adult male engaging in oral sex with a teenage boy. This image was dated 4/28/2018 and last accessed 6/24/2020. 21. THAT all of the aforesaid facts occurred in Elkhart County, Indiana, and are within my persona] knowledge or the personal knowledge of the aforementioned persons. And, that the aforesaid information has been corroborated by independent observations and investigation by said ofﬁcers and the Concord Community Schools Police Department, and, accordingly, I believe the aforesaid information is reliable and credible. IAFFIRM UNDER THE PENALTY OF PERJURY AS SPECIFIED IN I.C. § 35-44.l-2—1, THAT THE FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT. ’ﬂ/LJé/ #lZﬂL— A ant ’