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San Diego Police Department Crime Laboratory

Using MiniFiler™ to Solve a Cold Case Homicide

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Presented by: San Diego Police Crime Laboratory Life Technologies HID University Seminary Series, 2012 PLEASE BE ADVISED THAT THIS PRESENTATION CONTAINS SOME GRAPHIC MATERIAL

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Page 1: Using MiniFiler™ to Solve a Cold Case Homicide

San Diego Police Department Crime Laboratory

Page 2: Using MiniFiler™ to Solve a Cold Case Homicide

805 & PALM AVE

Page 3: Using MiniFiler™ to Solve a Cold Case Homicide

Discovery of the bodies

Palm Ave

I-805

Page 4: Using MiniFiler™ to Solve a Cold Case Homicide

Discovery of the bodies

Palm Ave

I-805

Page 5: Using MiniFiler™ to Solve a Cold Case Homicide

Saturday Morning –

September 25, 1993

The victims were lying by a smoldering fire pit.

They did not have any identification on them.

One of the victims (ELLIS) had a ball cap with the name “USS Constellation” on it. Underneath the bill was printed the name “ELLIS.”

COMBS

ELLIS

COMBS

ELLIS

Page 6: Using MiniFiler™ to Solve a Cold Case Homicide

ELLIS

COMBS

CAMERA

USS Constellation

Hat

Page 7: Using MiniFiler™ to Solve a Cold Case Homicide

Results of Autopsy: COMBS

Two bullet wounds to the

left side of his head.

One bullet wound in the

left of his back.

Bullet Wounds Bullet Wound

Page 8: Using MiniFiler™ to Solve a Cold Case Homicide

Results of Autopsy: ELLIS

Bullet

wound on

left side of

torso, left

side of head,

and a

contact

bullet

wound on

left side of

forehead.

Bullet Wound Bullet Wound

Bullet Wound Exit Wound

Abrasion

Abrasion

Abrasion

Page 9: Using MiniFiler™ to Solve a Cold Case Homicide

USS Constellation

Page 10: Using MiniFiler™ to Solve a Cold Case Homicide

KEITH COMBS 23 year old from Ohio

Married to Lisa Combs

Machinist Mate in the US

Navy assigned to USS

Constellation on North Island

Living aboard the ship, wife

in Philadelphia, PA

Page 11: Using MiniFiler™ to Solve a Cold Case Homicide

EUGENE “CLIFF” ELLIS 20 year old from Mississippi

Engaged to Lucy HARDY, a

sophomore at Mississippi State

Machinist Mate in the US Navy

assigned to USS Constellation

on North Island

Living aboard the ship

Page 12: Using MiniFiler™ to Solve a Cold Case Homicide

Time Line – September 24, 1993

Some time between 5:00-5:30 pm, ELLIS and COMBS meet up with

friends POPE and MILLIGAN at the barracks.

They drive there in ELLIS’ 1993 White Toyota 4x4 pick-up truck and get to

the Palm and I-805 area around 7:00-7:30pm. They build a fire, drink their

beer and hang out till 11:00 pm.

COMBS POPE MILLIGAN

ELLIS

POPE

MILLIGAN

Page 13: Using MiniFiler™ to Solve a Cold Case Homicide

COMBS with ELLIS’ Truck

MILLIGAN POPE

MILLIGAN POPE

Photos recovered

from Combs’ camera

Page 14: Using MiniFiler™ to Solve a Cold Case Homicide

Time Line 0130 – 0500 9/25/1993 Early Saturday morning, after the bar

“Anchors and Spurs” closed, a large crowd of bar patrons went to 805 and Palm to build a bonfire and continue partying.

A group of about 30 - 50 people, mostly all USN, had gathered at one bonfire at 0130.

Ellis and Combs were seen at this bonfire between 0130 and 0500.

Their bodies were discovered at 0745hrs.

Page 15: Using MiniFiler™ to Solve a Cold Case Homicide

SCENE PROCESSING: Items of evidence from the crime scene were processed

for fingerprints, 13 prints were found.

These prints did not match either of the victims. They

were run through AFIS with no hits. These prints still

remain to be identified.

Beer bottles/soda cans found at the scene did not

contain usable fingerprints.

The casings found at the scene were all .22 caliber and

fired from the same weapon.

Page 16: Using MiniFiler™ to Solve a Cold Case Homicide

On 9/29/93, 17-year old Leopoldo CHAVEZ, was stopped while driving ELLIS’ truck in Baja California.

The State Judicial police determined the vehicle was stolen. Chavez taken into custody.

Page 17: Using MiniFiler™ to Solve a Cold Case Homicide

CHAVEZ was a documented Otay Mesa gang member and went by the moniker “Weasel.”

CHAVEZ would not talk to SDPD and was charged with auto theft in Mexico, but extradited back to San Diego on an unrelated Juvenile Court warrant for escaping from Juvenile Hall.

CHAVEZ was brought to SDPD on 10/7/93, but again exercised his right to silence.

Page 18: Using MiniFiler™ to Solve a Cold Case Homicide

TRUCK PROCESSING Several fingerprints from the truck matched

to CHAVEZ.

Items of evidence were collected included 1

bottle, 1 cup, clothing, a bandage, etc.

Red Cup

Bottle

Clothes & Bandage

Fingerprints

Fingerprints in Door Jam

Page 19: Using MiniFiler™ to Solve a Cold Case Homicide

INVESTIGATION OF CHAVEZ Three witnesses identified CHAVEZ from a photo line-up as being in the area just prior to the victims being killed.

Page 20: Using MiniFiler™ to Solve a Cold Case Homicide

WHY THE CASE WENT COLD

At the time a search warrant of CHAVEZ’ family’s residence in

Tijuana was requested but was denied by Mexican Judicial

Police.

No physical evidence (including fingerprints) linked CHAVEZ to

the scene and no other viable suspects could be identified.

The Juvenile DDA and Superior Court DDA assigned to see if

the case could be issued along with escape charges against

CHAVEZ decided there was insufficient evidence to charge

CHAVEZ at that time.

Page 21: Using MiniFiler™ to Solve a Cold Case Homicide

SUBSEQUENT INVESTIGATION Case reviewed in 2000 by SDPD and inactivated in

2001. In 2002 the case was reviewed by NCIS. Their case was also inactivated.

In 2009 a review of the case at the SDPD by NCIS Special Agent Kim Tedesco lead to a request to the SDPD Laboratory for DNA examination of various items of evidence from the crime scene.

Page 22: Using MiniFiler™ to Solve a Cold Case Homicide

Cigarette Butt

Heineken

Sprite Can

Cigarette Butt

Coors Lite Bottle Pepsi Bottle

Page 23: Using MiniFiler™ to Solve a Cold Case Homicide

Clothing Exam

Combs’ clothing

Page 24: Using MiniFiler™ to Solve a Cold Case Homicide

A single swab was used

to swab all four pockets

from Combs’ jeans.

A second swab was

used to swab all four

pockets from Ellis’

jeans.

USS Constellation

hat

Ellis’ clothing

Page 25: Using MiniFiler™ to Solve a Cold Case Homicide

Evidence from Ellis’ truck

The red cup, juice bottle, and

bandage from the victim’s truck

were analyzed for DNA.

Page 26: Using MiniFiler™ to Solve a Cold Case Homicide

The age of the case and storage

conditions of the evidence meant that

degradation was a potential factor.

Page 27: Using MiniFiler™ to Solve a Cold Case Homicide

Samples were analyzed

with Identifiler while leaving

sufficient to be retested (if

needed) with Minifiler.

If the concentration of a

sample was such that only

a single amplification was

possible only Minifiler was

attempted.

Page 28: Using MiniFiler™ to Solve a Cold Case Homicide

Analytical Summary

Item Identifiler Minifiler

7 – Cigarette butt X X

8 – Cigarette butt X X

9 – Sprite can X

10 – Heineken beer bottle X

11 – Pepsi bottle X

12 – Coors Light bottle X X

24 – Comb’s pants pockets X

33 – Ellis pants pockets X

42A – Red cup from truck X

42B – Juice bottle X

43A - Bandage X

43A-1 – Bloodstain from bandage X

Page 29: Using MiniFiler™ to Solve a Cold Case Homicide

7 - Cigarette butt

Page 30: Using MiniFiler™ to Solve a Cold Case Homicide

7 - Cigarette butt

Minifiler

Page 31: Using MiniFiler™ to Solve a Cold Case Homicide

12 – Coors Light Bottle

Page 32: Using MiniFiler™ to Solve a Cold Case Homicide

12 – Coors Light Bottle

Minifiler

Page 33: Using MiniFiler™ to Solve a Cold Case Homicide

8 – Cigarette butt

Page 34: Using MiniFiler™ to Solve a Cold Case Homicide

8 – Cigarette butt

Minifiler

Page 35: Using MiniFiler™ to Solve a Cold Case Homicide

42 – Red cup from Ellis truck

Page 36: Using MiniFiler™ to Solve a Cold Case Homicide

24 – Combs’ pants pockets

Minifiler

Page 37: Using MiniFiler™ to Solve a Cold Case Homicide

In January 2010, the lab was advised of a CODIS hit on the DNA profile from the cigarette butt found between the two victims and the pants pocket of COMBS. That hit was to CHAVEZ.

The second DNA profile (from the cigarette butt) still had an unidentified male DNA profile that yielded no hits in CODIS.

Page 38: Using MiniFiler™ to Solve a Cold Case Homicide

FOLLOW-UP INVESTIGATION

CHAVEZ stated he had found ELLIS' truck in Tijuana, Mexico and took it for a joy ride. CHAVEZ stated he had never been to I-805 and Palm Avenue and had never fired a firearm.

CHAVEZ was extradited to San Diego on 10/15/10 and arraigned at the San Diego Juvenile Court on 10/19/10.

DMV PHOTO 3/18/02

ARREST PHOTO 7/7/10

Page 39: Using MiniFiler™ to Solve a Cold Case Homicide

CURRENT INVESTIGATION: WITNESSES

CHAVEZ’ brother “Bandit” had

bragged to HEDDERSON

about how “Weasel” killed the

two sailors at 805 and Palm

Ave.

“Weasel” had also showed

HEDDERSON three firearms

he had in his possession.

John HEDDERSON

Page 40: Using MiniFiler™ to Solve a Cold Case Homicide

FURTHER INVESTIGATION

On January 11, 2011 the results from the latent print analysis which was done on the case identified CHAVEZ and Edward ELIAS, as leaving several prints in ELLIS’ vehicle.

ELIAS ARREST PHOTO 1999 ELIAS JUVENILE PHOTO

Page 41: Using MiniFiler™ to Solve a Cold Case Homicide

EDWARD ELIAS “LAZY”

ELIAS voluntarily provided

his DNA which was analyzed

by the SDPD Lab and

compared to the unidentified

DNA recovered from the

crime scene.

ELIAS’ DNA is the

unidentified DNA in the

mixture with CHAVEZ’s DNA

found on both the cigarette

butt at the crime scene and

on a cup in ELLIS’ vehicle.

ELIAS PHOTO 1/25/11

Page 42: Using MiniFiler™ to Solve a Cold Case Homicide

PROSECUTION

The trial for CHAVEZ and ELIAS was held in March

2012.

On March 26, 2012, the jury returned a verdict of

guilty on all charges against both CHAVEZ and

ELIAS.

On May 11, 2012, CHAVEZ and ELIAS were both

sentenced to two consecutive life sentences without

the possibility of parole.

Page 43: Using MiniFiler™ to Solve a Cold Case Homicide

Acknowledgements

NCIS Special Agent Kim Tedesco of the SDPD Cold Case Homicide Team

and

Deputy District Attorney Andrea Freshwater of the San Diego District Attorney’s Office

Page 44: Using MiniFiler™ to Solve a Cold Case Homicide

QUESTIONS

KEITH COMBS EUGENE “CLIFF” ELLIS