Texas Rangers: Report of Investigation

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This investigation file documents the actions taken by Texas Rangers regarding a mass murder and shooting event that occurred in Odessa/Midland, Texas on 08-31-2019.

This investigation file will serve to document the majority of the investigative actions conducted by Texas Ranger Brian Burney in regards to this major case investigation. It will also serve to document the movement, processing, and storage of the majority of the physical evidence associated with the major case investigation.

This investigation file documents the mass shooting event that occurred in Odessa/Midland, Texas on 08-31-2019, including witness interviews and supplemental details of the investigation.

REPORT OF INVESTIGATION Page 1 of 43

TEXAS DEPARTMENT OF PUBLIC SAFETY


TEXAS RANGERS

THIS REPORT IS THE PROPERTY OF THE TEXAS RANGERS. NEITHER IT NOR ITS
CONTENTS MAY BE DISSEMINATED OUTSIDE THE AGENCY TO WHICH LOANED.

LEAD INVESTIGATOR: BRIAN BURNEY INVEST#: 2019I-TRE-50044233


SUPERVISOR: RANDY LEWIS OPENED: 09/01/2019
TITLE: CAPITAL MURDER, (EVIDENCE) STATE OF FILE STATUS: CLOSED
TEXAS, ECTOR COUNTY, 08-31-19
TYPE: CRIMINAL DIVISION: TEXAS RANGERS
SERVICE: REGION: E
DISTRICT: AREA: MIDLAND
SUBTYPE: CRIMINAL HOMICIDE SPURS URN: CMIV50044233
CATEGORY: REVIEW DATE:
SPECIAL APPROVAL: LEGACY REF:
PROGRAM: CRIMES AGAINST PERSON SUBPROGRAM: FELONY
CASE#:

INVESTIGATION SYNOPSIS
This investigation file will serve to document the majority of the investigative actions, I, Texas
Ranger Brian Burney, conducted in regards to this major case investigation. It will also serve to
document the movement, processing, and storage of the majority of the physical evidence
associated with the major case investigation.

SUPPLEMENTAL SYNOPSES
S1 09/01/2019 Report Writer: Brian Burney
10/09/2019 Approved by: Randy Lewis
This investigation file will be utilized to document and track the vast majority of
the evidence linked to the mass shooting event that occurred in
Odessa/Midland, Texas on 08-31-2019. Supplement 1 will introduce the major
components of the investigation and will lay the basic groundwork of the
overall
S6 10/15/2020 Report Writer: Brian Burney
10/30/2020 Approved by: Randy Lewis
This supplement will document the written statement from Odessa Police
Department Corporal James Santana, obtained by me, Texas Ranger Brian
Burney.
S8 08/30/2021 Report Writer: Brian Burney
08/31/2021 Approved by: Randy Lewis
Supplement 8 will serve to document selected saved documents and misc.
items of evidence not listed in other supplements.
S9 08/31/2021 Report Writer: Brian Burney
09/03/2021 Approved by: Randy Lewis
Supplement 9 will serve to document the official closing of this investigation
and Major Case file.
S2 09/11/2019 Report Writer: Timothy Boulrice

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10/08/2019 Approved by: David E. Wilbourn


On September 1, 2019 Department of Public Safety (DPS) Criminal
Investigations Division (CID) Special Agent (SA) Timothy Boulrice interviewed
Joe Hollinshead. This report will document the witness interview of Joe
Hollinshead in reference to the Capital Murder investigation.
S3 09/11/2019 Report Writer: Timothy Boulrice
10/08/2019 Approved by: David E. Wilbourn
On September 1, 2019, Department of Public Safety (DPS) Criminal
Investigations Division (CID) Special Agent (SA) Timothy Boulrice interviewed
Amanda Castellanos. This report will document the witness interview of
Amanda Castellanos in reference to the Capital Murder investigation.
S4 09/11/2019 Report Writer: Timothy Boulrice
10/08/2019 Approved by: David E. Wilbourn
On September 1, 2019, Department of Public Safety (DPS) Criminal
Investigations Division (CID) Special Agent (SA) Timothy Boulrice attempted
to interview Maria Boado. This report will document the witness interview of
Maria Boado in reference to the Capital Murder investigation.
S5 09/11/2019 Report Writer: Timothy Boulrice
10/08/2019 Approved by: David E. Wilbourn
On September 1, 2019, Department of Public Safety (DPS) Criminal
Investigations Division (CID) Special Agent (SA) Timothy Boulrice interviewed
Coy and Patty Edge. This report will document the witness interview of Coy
and Patty Edge in reference to the Capital Murder investigation.
S7 08/24/2021 Report Writer: Stephen Gray
08/31/2021 Approved by: Randy Lewis
The following details intelligence gathering regarding Seth Ator's previous
criminal and mental health history.

SUPPLEMENTAL DETAILS
S1 1.1 The Texas Ranger’s major case file # 2019C-TRE-50001463 was generated to
track the investigative actions taken by the Texas Rangers regarding the mass murder
and shooting event that occurred in and around Odessa (Ector County, TX) and
Midland (Midland County, TX) on 08-31-2019. Within this major case file are a series
of investigation file numbers used to subdivide and organize various aspects of the
investigation. Investigation # 2019I-TRE-50044233 was the first chronological
investigation number generated for this case for which I, Texas Ranger Brian Burney,
was responsible.

1.2 Investigation # 2019I-TRE-50044233 was originally generated to document the


basic synopsis of the investigation and to document the tracking of evidence. Very
early in the investigation, supplement 1 was drafted, submitted, and approved. Just
as those, who were involved in stopping the violence that day, had to adapt and
overcome challenges the same is true for the investigators and how the

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investigations would be documented. For clarity and ease of understanding, it was


recently decided that the investigator’s narrative section, “details” of the original
version of 2019I-TRE-50044233’s supplement 1 would be historically preserved in its
originally submitted condition as an attachment to an updated supplement 1. The
details section of the updated supplement 1, see below, will provide greater detail
and a more encompassing overall picture of this total case.

1.3 On 08-31-2019, local, county, state and federal law enforcement agencies
responded to the Midland/Odessa area in response to emergency calls as an
unknown person(s) drove through various parts of the two communities and
randomly shot and or shot at many people, including a Texas State Trooper. In
approximately an hour’s time, seven (7) civilians had been shot & killed, three (3) law
enforcement officers had been shot & wounded, at least twenty-one (21) civilians
had been shot & wounded, and one (1) suspect had been shot & killed. Several other
civilians received cuts and lacerations caused by flying glass and debris associated
with gunfire striking very close to their proximity. An unknown number of people
narrowly escaped serious injury or death. At least twenty-four (24) shooting scenes
were identified with eleven (11) on Interstate Highway 20 and thirteen (13) within
urban areas of Midland (Midland County) & Odessa (Ector County). The deceased
suspect was identified as Seth Aaron Ator (white, male, 09-27-1982, 36 yoa.). The
investigation revealed Seth Ator acted alone. The following paragraphs of
supplement 1 will provide a more detailed overview of the case; however, for
complete details refer to the case investigation in its entirety:

1.4 Pre-shooting Event:

On 08-31-2019, at approximately 1:27 PM, Odessa Police Department (OPD)


responded to a disturbance call at Journey Oilfield, located at 2200 E. Murphy St, in
the City of Odessa, Ector County, Texas. The disturbance involved a recently
terminated employee, identified as Seth Aaron Ator (W/M, DOB: 09-27-1982).
During Ator’s job termination, Ator refused to relinquish company property such as
the remote gate opener and the keys to the building. Eventually, Ator rammed his
vehicle through a chain link fence to exit the business’s property causing the
employer to call OPD. Ator was not on site when OPD patrol officers arrived on
scene. OPD patrol officers initiated OPD case # 19-0030500 for the criminal mischief
and disturbance at the business. During this phase of OPD’s investigation, OPD
Officers James Santana and Taylor Box were the responding officers and at one point
spoke with Ator over the phone. Ator reiterated his paranoid delusions and
conspiracy theories centered around child pornography and that certain people were
tracking him and impersonating him online. He mentioned “Texas Penal Code
33.07” (Online Impersonation) several times during his phone conversation with OPD
officers. Ator demanded OPD officers provide him with a “HTP address” so he could
track down who was stalking him and posting child porn. Ator made no claims or

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threats that he was planning on shooting anyone. It was shortly after this phone call
ended that Ator attempted to call the employer who had just fired him. The
employer blocked the call in the presence of the officers. Moments later, emergency
dispatchers received calls that a man was recklessly driving a car, which matched the
description of Ator’s car, along West Loop 338 in Odessa and the man was displaying
a rifle. Although Ator did not make any direct threats about wanting to shoot people
at Journey Oilfield, OPD Officers Santana and Box, along with Ector County-stationed
Texas State Troopers Frank Rangel and Kobe Huett took up security positions around
the business for a while as a precaution. The car’s location was periodically updated
to the police by concerned citizens, and it appeared Ator was returning to the area of
Journey Oilfield. The last updated address given was the 500 block of West Murphy.
Ator did not return to Journey Oilfield. THP Troopers agreed to drive out to potential
address where Ator was reported to be living. The officers eventually left the
business property to patrol the area believing Ator’s negative attention was
potentially targeting Journey Oilfield. The total amount of time OPD officers were at
Journey Oilfield was just over an hour and a half putting the end time close to 3:00
PM.

1.5 Shooting Event Initiated:

On 08-31-2021, Midland County-stationed Texas State Troopers Melina Justiss &


Charles Pryor were on patrol in Midland County near IH-20 and West Loop 250. This
location was approximately 13.5 miles away from the site of the previous
disturbance call in Odessa involving Ator. At approximately 3:17 PM, the troopers,
who were unaware of Ator’s involvement in the disturbance a couple hours before in
the neighboring county, initiated a traffic stop on Ator’s vehicle for the offense of Fail
to Signal Required Distance. As Ator entered onto IH-20’s westbound lanes using the
westbound on-ramp west of W. Loop 250, Ator fired multiple shots from a rifle
through the back window of his car and into the front windshield of the trooper’s
marked patrol vehicle. Trooper Pryor, a front seat passenger, was immediately shot
in the face and Trooper Justiss, the driver, narrowly avoided being shot as she
returned gunfire with her handgun through her own windshield. Ator appeared to
drive away but stopped along the shoulder of IH-20 about a hundred yards away
from the troopers. Ator briefly re-engaged the gunfight as he shot at Trooper Justiss,
Trooper Pryor, and passing motorists. Trooper Justiss returned fire again using her
handgun. It was later determined that some of Trooper’s Justiss’s bullets struck
Ator’s vehicle. Ator sped away westbound on IH-20. Due to the serious injuries
sustained by Trooper Pryor, the troopers were unable to give chase to Ator.

1.6 Shooting Event Sustained:

As Ator drove west along IH-20, Ator called 911 on a couple of occasions and was on
the phone with various 911 communication operators as he drove alongside

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unsuspecting motorists and shot through the sides of the motorist’s vehicles. The
following civilians were on IH-20 at the time they were shot Raul Garcia, Rodolfo Julio
Arco, Brad Wayne Grimsley, Marco Corral, Efe Obayagbona, Fatai Quadri, Timothy
Hardaway, Joseph Glide, and Daniel Munoz. Ator taunted 911 operators about what
he was doing as he fired shots into the motorists driving near him. Most of the
people, whom Ator shot or shot at during this entire event were occupying motor
vehicles. Ator fired rifle shots through the sides of most vehicles striking motorists
who had little to no chance to even be aware that Ator posed a threat. After
shooting several civilians along IH-20, Ator entered the City Limits of Odessa. Ator
discontinued his calls to 911. Ator drove north on East Loop 338 where he shot Mark
Anthony Gonzalez and Glenda Dempsey. Ator crossed under Texas State Highway
191 (TX-191) and turned into a commercial parking lot. As Ator entered the N Service
Rd of TX 191 from the parking lot, he shot Marian Encinosa Boado. Ator drove north
on East Loop 338 then turned around on East Loop 338 just north of TX-191. Ator
drove west on TX-191 then entered a commercial parking lot where he shot Lielah
Hernandez and Nathan Hernandez. Ator entered Preston Smith Rd and turned west
on TX-191 where he shot Krystal Lee, Coltyn Reyenga, Robert Cavazos, and Anderson
Lee Davis. Ator turned south on JBS Parkway from TX-191 as he shot Lilia Diaz and
Larry Shores. Ator shot Timothy Beard while driving on JBS Parkway south of TX-191.
Ator eventually made his way to a centrally located residential area and began
shooting again. Ator shot Wanda Silvas while driving on East 38th Street at Dixie Blvd.
Ator drove south on Adams Street where he stopped his car next to a Mary Granados
as she sat inside her US Postal Service (USPS) delivery van, which was temporarily
parked in the roadway. Ator shot at nearby motorists then yanked Mary Granados
out of her USPS van by her arm and immediately shot her in the head. Ator retrieved
what appeared to be a rifle magazine or a mobile phone from his car. Ator shot Mary
Granados, who was laying on the ground, a second time just before he entered the
USPS delivery van. Ator fled the area in the USPS delivery van and drove to the area
of Walnut Ave and East 38th Street where he shot Edwin Peregrino and Jesus Rogelio
Alvidrez. Ator drove away from the area in the USPS van.

1.7 Shooting Event Concluded:

For several minutes Ator drove the USPS van through parts of West and North
Odessa without shooting at anyone. Eventually he drove on north Yukon where he
shot Kameron Brown, who was stopped at the traffic light at Yukon and Grandview.
Ator continued driving East. Ator turned south onto Faudree Ave where he shot
Joseph Griffith, as Mr. Griffith and his family were waiting at the traffic light at the
intersection of Faudree and TX-191. Ator turned onto the S. Service Road of TX-191
and he shot Coy Edge. For an unknown reason, Ator made his way to the area around
Cinergy Theater located near the Ector County / Midland County line along TX-191.
The theater had just been evacuated by law enforcement as it was thought the active
shooter(s) might be heading to densely populated venues. Ator did in fact drive to
that area. As Ator neared the Cinergy Theater area and drove through the parking lot

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of Medical Center Hospital (MCH) ProCare, he exchanged gunfire with MPD Officer
Zachary Owens, who was driving his patrol car into the parking lot from Dr Emmitt
Headlee St. MPD Officer Owens was wounded and Ator immediately shot and
wounded OPD Officer James Santana, who was driving his marked OPD patrol car
directly behind MPD Officer Owens’ patrol car. Ator turned east onto Dr Emmitt
Headlee St. THP Trooper Justin Basso saw the shooting and immediately gave chase
to Ator. Trooper Basso fired a few rifle shots through the windshield of his own
patrol vehicle and into the back of the USPS van. Ator drove aggressively towards a
police roadblock that was shielding many theater evacuees on Dr Emmitt Headlee St.
The roadblock was approximately 450 yards away from where MPD Officer Owens
and OPD Officer Santana were both wounded. OPD Officer Kaaiako Vavao and MPD
Officer Addisson Prater, used their marked patrol vehicles to create the roadblock in
front of Ator. As Ator closed in on their positions, the officers simultaneously
employed two different tactics to counter Ator’s assault. Officer Vavao fired multiple
rifle shots directly into the windshield of the USPS van as Officer Prater aligned his
patrol vehicle and accelerated to strike and deflect Ator’s vehicle before it could slam
full force into Officer’s Vavao’s vehicle. The MPD vehicle struck the USPS van causing
the van to turn sideway before the van struck the OPD vehicle. The series of crashes
caused the USPS van to stop. With the van’s airbags deployed, seeing into the van
from the outside was difficult and officers had no way of knowing that Ator had
taken a fighting position or a position of cover in the front passenger seat and
floorboard. Officers Vavao and Prater were joined by University of Texas Permian
Basin (UTPB) Police Department Lieutenant Brad Standerfer as the three briefly
engaged Ator’s position inside the USPS van with gunfire. Ator remained inside the
USPS delivery van where he was subsequently shot and killed as he engaged police
officers in a brief gun battle. This initial scene was secured. Due to misinformation,
confusion, and misreporting of information to law enforcement, many law
enforcement personnel had to leave this scene to continue to respond to areas of
reported or suspected violence. It took considerable amount of time, personnel, and
resources before it was verified that the violence stopped at the same time Seth Ator
was stopped. As this event unfolded, several civilians and many first responders
transitioned into medical providers and or emergency transport providers. Most of
the details involving the lifesaving actions performed during this event were
documented by the respective local law enforcement agencies and this investigation
remained focused on the criminal investigation aspect.

1.8 Communication and Crime Scene Preservation:

This unprecedented act of random mobile violence created a huge challenge to law
enforcement officers and emergency medical responders as they tried to locate,
contain, and stop the violence, while simultaneously dealing with the dead, dying,
wounded, panic-stricken, and oblivious people they came across. The sheer number
of 911 calls, understandably, overwhelmed 911 communication operators with
information about multiple locations, multiple and greatly differing suspect
descriptions and suspect vehicle descriptions. Social media posts and personal
communications flooded the area with unconfirmed and unsubstantiated rumors of

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violence at multiple locations in Odessa and Midland that were never targets of
violence. Law enforcement officers had to respond to these alleged sites of active
violence at locations such as department stores, shopping malls, etc. Many factors
culminated into an approximate hour-long delay in overall situational awareness,
after Ator was killed, before law enforcement could determine that Ator had acted
alone. Emergency services transitioned from stopping the violence to locating and
treating the wounded and identifying and protecting crime scenes. Throughout the
night of 08-31-2019, medical treatment and scene containment were prioritized as
emergency resources and personnel were routed to the area from all over Texas and
the United States. That night, agency leaders determined that an Incident Command
Center would be established and operated from the University of Texas Permian
Basin (UTPB) beginning the following morning.

1.9 Crime Scene Investigation Begins:

During the early hours on 09-01-2019, an Incident Command Structure (ICS) was
established and headquartered on the 2nd floor of the Mesa Building at the
University of Texas of the Permian Basin campus located at 4901 E University Blvd,
Odessa, Texas. Hundreds of emergency management, law enforcement,
infrastructure personnel, public utilities personnel, and victim services personnel
gathered, and tasks were divided out. The criminal investigation tasks were divided
up between peace officers and agents from local, county, state, and federal
agencies. All law enforcement entities served vital roles and completed important
assignments. Most agencies tracked their investigator’s activities through their own
investigation reports and assigned case numbers. The following is a list of the
primary investigation report tracking numbers generated by the primary agencies
involved; however, this may not be an all-inclusive list:

a. Texas Department of Public Safety (TXDPS) 2019C-TRE-50001463 - Major


Case File (includes 38 individual SPURS investigations)
b. Federal Bureau of Investigation (FBI) 26A-EP-3161703
c. United States Postal Service (USPS) 2888956-ROBB
d. Odessa Police Department (OPD) 19-0030500 (Disturbance event
prior to mass murder)
e. Odessa Police Department (OPD) 19-0030502 (Primary file for the
mass murder)
f. Odessa Police Department (OPD) 19-0030507 (Unrelated
pursuit & OIS following the mass murder)
g. Ector County Sheriff’s Office (ECSO) 19-E4092 & 19-E4160
h. Midland Police Department (MPD) 19-0831033
i. Midland County Sheriff’s Office (MCSO) 19-17870
j. University of the Permian Basin (UTPB-PD) 2019-000219
k. Ector County ISD (ECISD-PD) 190831-00793 (Unrelated pursuit &
OIS following the mass murder)
l. Medical Center Hospital (ECMCH-PD) No case reports - Patient

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medical files only


m. Midland Memorial Hospital (MMH-PD) No case reports - Patient
medical files only

1.10 Texas DPS Criminal Investigation Division (CID) Special Agents, FBI Agents,
OPD Detectives, and OPD Patrol Officers were tasked with witness and victim
interviews. Special Agents with FBI’s Computer Analysis Response Team (CART)
worked with members of the Odessa PD Intel Unit to locate, collect, and analyze
video surveillance footage and 911 call data to determine Ator’s path of travel during
the mass murder event. Texas Rangers were tasked with attending the autopsies for
the 8 deceased persons. The Texas Rangers and FBI were tasked with primary crime
scene investigation. Most of the evidence collected by the various teams was
channeled to the OPD Crime Scene Unit (CSU). The evidence or property was
assigned a trackable barcode by OPD CSU Technicians. OPD will serve as the primary
custodian of evidence related to this investigation. ATF Agents took lead on the
investigative aspects dealing with tracking the origin of the firearms and ammunition
used by Ator.

1.11 The Texas Rangers’ State Crime Scene Investigation Team, consisting of Texas
Rangers from all parts of the state, responded to the area. Texas Rangers and FBI
Evidence Recovery Teams (ERTs) along with OPD Detectives and OPD CSU
Technicians, were assigned to process the various crime scenes and to collect
evidence. The overall extent of the mass murder event was not fully realized at the
time investigative teams were first deployed so reporting, documenting, and
organizing information was a challenge. Some of the people who were targeted by
Ator didn’t realize they were being shot at until after the event and they discovered
bullet damage to their vehicles well after they left the area. Many of the wounded
and or dying people were whisked away to hospitals and their bullet damaged and
blood-soaked motor vehicles were left abandoned throughout the community. It
took time, diligence, and a lot of concerted effort to put the pieces of this puzzle back
together. As evidence was collected, care was taken to return what property could
be returned to the victim or the victim’s family as quickly as possible. ATF took
possession of select items of firearms related evidence so they could expedite testing
on certain firearms related evidence as it became available so they could track the
source of Ator’s firearms and ammunition. The details surrounding how Ator was
able to obtain the rifle and ammunition used in this event is limited to the ATF’s
investigation and that information was not shared for this investigation. USPS Postal
Inspectors assisted in all areas of the investigation related to the death of their
employee and the theft of their equipment.

1.12 Identities of Those Involved:

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After a multiagency data analysis was performed, the following information was
learned: Eight (8) persons died because of gunfire. Some of the decedents died in
Midland County and some died in Ector County, so the autopsies were authorized by
different entities in different jurisdictions. The bodies of five (5) of the decedents
were transported to South Plains Forensic Pathology (SPFP) in Lubbock for autopsy.
The bodies of the other three (3) decedents were transported to Tarrant County
Medical Examiner’s Office (TCMEO) in Fort Worth. The below listed persons died
because of gunfire. They are listed in approximate chronological order of the time
they were shot. Next to their name and date of birth is the location of their autopsy
and the case # for their autopsy. Next to the autopsy location is the approximate
location where they were at the time they were shot. The below listed persons died
because of gunfire:

a. Raul Garcia, DOB: 1/4/1985 - TCMEO # 1914898 - IH-20 (31.912236, -


102.214356)
b. Rodolfo Julio Arco, DOB: 4/17/1962 - TCMEO # 1914899 - IH-20 (31.909721, -
102.219957)
c. Lielah Hernandez, DOB: 5/4/2004 - SPFP # 19-572 - Freedom Motors on TX-
191
d. Mary Granados, DOB: 12/12/1989 - SPFP # 19-573 - N Adams Ave N of E 36th
St
e. Edwin Peregrino, DOB: 9/8/1993 - SPFP # 19-571 - E 38th St W of Walnut
Ave
f. Kameron Brown, DOB: 3/22/1989 - SPFP # 19-574 - E Yukon Rd @ N
Grandview Ave
g. Joseph Griffith, DOB: 9/13/1978 - SPFP # 19-570 - TX-191 @ Faudree
Rd
h. Seth Ator, W/M, DOB: 9/27/1982 - TCMEO # 1914900 - Dr. Emmitt Headlee
St

1.13 The below listed persons were wounded by gunfire and they are listed in the
approximate order in which they were wounded and the approximate location of
occurrence:

a. Charles Pryor, Texas State Trooper IH-20 (31.9465333, -102.1480653)


b. Brad Wayne Grimsley, DOB: IH-20 (31.927400, -
102.184919)
c. Marco Corral, DOB: IH-20 (31.925124, -
102.189282)
d. Efe Obayagbona, DOB: IH-20 (31.897718, -102.242529)
e. Fatai Quadri, DOB: IH-20 (31.8792, -102.2779)
f. Timothy Hardaway, DOB: IH-20 (31.890551, -
102.255784)
g. Joseph Glide, DOB: IH-20 (31.845838, -
102.326980)

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h. Daniel Munoz, DOB: IH-20 (31.867632, -


102.300532)
i. Mark Anthony Gonzalez, DOB: E Loop 338 N of IH-20 in Odessa
j. Glenda Dempsey, DOB: E Loop 338 & E University in
Odessa
k. Marian Encinosa Boado, DOB: TX-191 Frontage E of E Loop 338
in Odessa
l. Nathan Hernandez, DOB: Freedom Motors on TX-191
m. Krystal Lee, DOB: TX-191 W of Preston Smith Rd
n. Coltyn Reyenga, DOB: TX-191 W of Preston Smith Rd
o. Robert Cavazos, DOB: TX-191 W of Preston Smith Rd
p. Anderson Lee Davis, DOB: TX-191 W of Preston Smith
Rd
q. Lilia Diaz, DOB: TX-191 @ JBS Parkway
r. Larry Shores, DOB: TX-191 @ JBS Parkway
s. Timothy Beard, DOB: JBS Parkway S of TX-191
t. Wanda Silvas, DOB: 0 E 38th St @ Dixie Blvd
u. Jesus Rogelio Alvidrez, DOB E 38th St W of Walnut Ave
v. Coy Edge, DOB: TX-191 S Svc Rd E of Faudree Rd
w. Zackary Owens, Midland Police Department MCH ProCare’s S Dr. @ Dr.
Emmitt Headlee St
x. James Santana, Odessa Police Department MCH ProCare’s S Dr. @ Dr.
Emmitt Headlee St

1.14 The below listed persons were among the many persons targeted by Ator and
they are listed in approximate order and location of occurrence:

a. Gabrael Rodriguez, DOB: IH-20 near MM 133 (Vehicle damaged)


b. Janice Morin, DOB: IH-20 E of E Loop 338 (Vehicle
damaged)
c. Sergio Gonzalez, DOB: IH-20 (31.903901, -102.230473) -
(Vehicle damaged)
d. Rogelio Corrales, DOB: IH-20 (31.903901, -102.230473) -
(Vehicle damaged)
e. Robert Collins, DOB: IH-20 (unknown) - (Vehicle
damaged)

f. Lonnie Moulder, DOB: E Loop 338 S of University - (Vehicle


damaged)

g. Esperanza Carrasco, DOB: E Loop 338 N of TX-191 - (Vehicle


damaged)

h. Ginny Head, DOB: E Loop 338 @ TX-191 - (Uninjured


but shot at)

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i. Madison Stuart, DOB: E Loop 338 @ TX-191 - (Uninjured


but shot at)

j. Peter Marufo, DOB: TX-191 @ JBS Parkway - (Vehicle


damaged)

k. Hannah Waupio, DOB: TX-191 @ JBS Parkway (Injured by glass /


Vehicle damaged)

l. Fabian Lomeli, DOB: Maple Ave W of Tanglewood Ln


(Vehicle damaged)

m. Joseph Mansanales, DOB: Tanglewood Ln @ Maple Ave -


(Vehicle damaged)

n. Melyssa Hill, DOB: Adams Ave S of E 38th St - (Vehicle


damaged)

o. Penonia Moore, DOB: Cinergy Theater - (Broken ankle


during theater evacuation)

1.15 The below listed peace officers discharged their firearms at Ator and they are
listed in approximate order and location of occurrence:

a. Texas THP Trooper Melina Justiss, 9mm pistol, IH-20 (31.9465333, -


102.1480653)
b. Midland PD Officer Zackary Owens, 9mm pistol, MCH Scene @ Dr Emmitt
Headlee St
c. Texas THP Trooper Justin Basso, 5.56mm rifle, MCH Scene @ Dr Emmitt
Headlee St
d. Midland PD Officer Addison Prater, 9mm pistol, Cinergy Scene on Dr. Emmitt
Headlee St
e. Odessa PD Officer Kaaiako Vavao, 5.56mm rifle, Cinergy Scene on Dr. Emmitt
Headlee St
f. UTPB PD Officer Bradley Standerfer, 9mm pistol, Cinergy Scene on Dr. Emmitt
Headlee St

1.16 The Suspect’s Route:

The suspect’s driving route was gleaned after OPD and FBI investigators spent many
hours searching for surveillance videos and checking for various items capable of
recording GPS locations. OPD created a link to provide a digital map to aid
investigators at the following: <https://www.google.com/maps/d/u/1/edit?
mid=1lhX5y-JMjVfgcG-XqhZIEn_2sp_euBoI&usp=sharing> Based on the
combination of available data at that time, the following is Seth Ator’s travel route
during the

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event:

W. Loop 250 @ IH-20 N. Svc Rd


WB on IH-20
NB on E. Loop 338
EB on commercial driveway N. of SH-191 (In front of Firehouse Subs)
SB in commercial driveway (E. of Bubba’s 33 restaurant)
WB on SH-191 N. Svc Rd
NB on E. Loop 338
SB on E. Loop 338 at 1st turn-around N of SH-191
WB on N. Svc Rd of SH-191
Entered commercial driveway of Holiday Inn on SH-191 N. Svc Rd
WB through commercial driveways of Freedom Motors and behind Stripes
SB on Preston Smith Rd
WB on SH-191 (E. 42nd Street)
SB on JBS Parkway
WB on Maple Ave
NB on Grandview Ave
WB on Everglade (Curved to the N)
WB on 38th Street
SB on Adams (switched vehicles)
EB on 36th Street
NB on Walnut Street
Turned around on Walnut Street @ 38th Street
SB on Walnut Street
WB on 36th Street
SB on McKnight
WB on Jackson Street (curved to the S)
WB on 31st Street
NB on US Hwy 385 (Andrews Hwy)
WB on Ellis Dr.
SB on Golder Ave
WB on W. 33rd Street
SB on Pleasant Ave
WB on Kermit Hwy (Spur 450)
3700 block of Kermit Hwy suspect’s vehicle entered a four-minute period
where the suspect vehicle’s location was unknown. 4 minutes later, the
vehicle’s location was confirmed to be on N. County Rd W. near 34th Street.
NB on N. County Rd. W.
EB on W. Yukon Rd.
SB on Faudree Rd.
EB on S Svc Rd of SH-191
SB into commercial driveway of MCH ProCare near the Kris Kyle memorial
statue.
EB on Dr. Emmitt Headlee St.

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Ended on Dr. Emmitt Headlee St. just E. of San Antonio St.

1.17 Preserving the investigation data:

The Team Leaders for each of the Texas Ranger Crime Scene Teams were tasked with
producing State Police Uniform Reporting System (SPURS) investigation files. Some of
the members within each team completed a SPURS supplement within each
investigative file. As Texas Ranger Teams completed photographing, scanning, and
collecting evidence from each scene, they would bring the evidence to the UTPB-PD’s
basement level vehicle bay. I, Texas Ranger Brian Burney, would document the
evidence on a custom receipt ledger and provided a copy of the ledger to the
individual Ranger delivering the evidence. I then immediately receipted the evidence
to an OPD CSU Technician, who was present during the evidence intake process.
OPD CSU would transport the evidence to OPD where the items were issued barcode
tracking numbers. Each Texas Ranger Team would also give me computer disks or
flash drives that contained photographs, videos, and or 3D scanned images of the
various crime scenes. The media storage devices were numbered sequentially based
on the date and time I received them. The digital media disks and physical evidence
will be documented and crossed referenced in several ways throughout this major
case investigation file. All digital media was stored onto a multi-terabyte external
hard drive. Any evidence or exhibits, such as videos, photographs, documents, etc.,
referred to in this investigation will be preserved on the external hard drive.
Although the Texas Rangers were provided copies of most, if not all, media and
records obtained by each respective law enforcement agency, each agency is
responsible for the preservation for their own proprietary records and data.

1.18 Below is a list of Texas DPS SPURS investigation files linked to Texas DPS major
case # 2019C-TRE-50001463:

1) 2019I-TRE-50044233: Major Case Overview, Evidence Tracking, Ator’s


psychological background, Beginning and Closing of this Major Case File
2) 2019I-TRD-50044234: Crime Scene @ 3633 Walnut, Odessa
3) 2019I-TRC-50044235: Crime Scenes @ IH-20 MP 126
4) 2019I-TRF-50044236: Witness Statements (Ator’s family)
5) 2019I-TRC-50044237: Crime Scene @ TX-191 & E Loop 338, Odessa
6) 2019I-TRA-50044238: Crime Scene @ Yukon & N Grandview Ave, Odessa
7) 2019I-TRE-50044239: Crime Scene @ 3600 block of Adams, Odessa
8) 2019I-TRB-50044241: Crime Scene @ Twin Peaks, 5001 E 42nd St, Odessa
9) 2019I-TRB-50044243: Crime Scene @ Olive Garden, 5111 E 42nd St, Odessa
10) 2019I-TRC-50044244: Crime Scene @ Odessa Regional Medical Center
(ORMC)
11) 2019I-TRF-50044245: Crime Scene @ Cinergy Theater / MCH ProCare /
Mission Fitness
12) 2019I-TRE-50044246: Crime Scene @ IH-20 Scene 1

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13) 2019I-TRC-50044247: Crime Scene @ Hobby Lobby, 4642 E University, Odessa


14) 2019I-TRD-50044249: Crime Scene @ Stripes Convenience Store, 8001 TX 191
15) 2019I-TRE-50044250: Crime Scene @ Freedom Motors, 5241 E 42nd St,
Odessa
16) 2019I-TRA-50044252: Crime Scene @ Market Street Grocery Store, 4950 E
42nd St, Odessa
17) 2019I-TRB-50044253: Vehicle Processing @ 13210 W C 125, Midland Co
18) 2019I-TRF-50044254: Vehicle Processing @ 910 Prairie, Odessa
19) 2019I-TRF-50044256: Vehicle Processing @ 1800 Douglas, Odessa
20) 2019I-CID4-50044300: Witnesses Interviewed by TX DPS CID Special Agents
21) 2019I-CID4-50044320: Report by TX DPS CID Special Agents
22) 2019I-TRE-50044342: Witness Interviews, 911 Calls, and Suspect’s Calls
23) 2019I-CID5-50044385: TX DPS CID Witness Interview
24) 2019I-CID5-50044423: TX DPS CID Witness Interview
25) 2019I-TRE-50044426: Crime Scene @ IH-20 Scene 2
26) 2019I-TRE-50044430: Crime Scene @ IH-20 Scene 3
27) 2019I-TRE-50044431: Crime Scene @ IH-20 Scene 4
28) 2019I-TRE-50044432: Crime Scene @ IH-20 Scene 5
29) 2019I-TRE-50044433: Crime Scene @ IH-20 Scene 6
30) 2019I-TRE-50044434: Crime Scene @ IH-20 Scene 7
31) 2019I-TRE-50044435: Crime Scene @ IH-20 Scene 8
32) 2019I-TRE-50044436: Crime Scene @ IH-20 Scene 9
33) 2019I-TRE-50044437: Crime Scene @ IH-20 Scene 10
34) 2019I-TRE-50044438: Crime Scene @ IH-20 Scene 11
35) 2019I-CID5-50044872: TX DPS CID Witness Interview
36) 2019I-CID5-50044876: TX DPS CID Witness Interview
37) 2019I-CID5-50044877: TX DPS CID Witness Interview
38) 2019I-TRE-50045715: Investigative Leads

1.19 Firearms related evidence:

At the time the suspect was killed, he was armed with one (1) semi-automatic .223
caliber rifle. Crime Scene Investigators recovered approximately sixty-three (63) fired
cartridges from either the suspect’s vehicle, the USPS van, or on the ground within
certain shooting scenes that can be linked to being fired by Ator. That number will
serve as the minimum number of cartridges fired by the suspect as it is highly likely
additional fired cartridges may have been strewn along the suspect’s path of murder.
Four different brands of .223 caliber ammunition (Winchester, Frontier, Aquilla, and
LC 17) were used by the suspect. It appeared that during the final gunfight with law
enforcement, the suspect’s rifle was struck by law enforcement gunfire. At the time
of his death, the suspect had approximately fifty-eight (58) unfired cartridges
remaining. Approximately fifty-nine (59) fired cartridges were recovered from select
shooting scenes and attributed as being fired by law enforcement. Crime Scene
Investigators collected approximately eight (8) additional fired cartridges that were
found at or near various shooting scenes but later determined not to be linked to this

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shooing event. These cartridges included two (2) fired .22 caliber long rifle rim-fire
cartridges, a 270 Winchester rifle cartridge, a .224 Valkyrie rifle cartridge and four (4)
fired .223 caliber or 5.56 mm rifle cartridges that were deposited into scenes either
before the mass shooting event or introduced into the scenes after the mass
shooting event had taken place. Extra time had to be devoted to the testing of these
cartridges to accurately determine whether the cartridges were fired during this
event. After the shooting event occurred, an FBI’s Evidence Recovery Team executed
a search warrant at Ator’s residence, in West Odessa. They recovered numerous fired
cartridges and a few unfired cartridges; however, those cartridges were not included
in the cartridge count listed above. All civilian and law enforcement casualties
identified in this investigation were linked directly to gunfire from Ator. The detailed
task of tracking the origin and termination point of the bullets fired in this case took
a considerable amount of time and effort on the part of investigators and laboratory
personnel. No civilian casualties occurred at or in the vicinity of law enforcement’s
use of firearms. All law enforcement casualties were sustained during direct fire
actions with Ator. All law enforcement personnel, who engaged Ator with gunfire,
have been cleared of any wrongdoing by the elected District Attorney’s in both
Midland County and Ector County.

1.21 Ator’s Autopsy Findings:


“I) Investigative findings:

A. Decedent reportedly shot by police officers following multiple shooting,


companion cases #1914898 and 1914899
B. Medical history: None available
II) Examination findings:
A. Gunshot wound(s) of right upper chest, shoulder and neck:
1. Entry wounds of right upper chest, shoulder and neck
2. Range: Indeterminate, evidence of intermediate target
3. Direction of wound paths: Front-to-back, right-to-left
4. Exit wound: none
5. Projectiles present: bullet fragments and plastic fragments
6. Injuries:
a. Soft tissue and muscle
b. Right 2nd rib fracture
B. Gunshot wound of torso
1. Entry wound: left chest
2. Range: indeterminate, evidence of intermediate target
3. Wound path: upward, slightly front-to-back
4. Exit wound: none
5. Bullet present: fragments
6. Injuries:
a. Soft tissue and muscle
C. Gunshot wound of torso
1. Entry wound: left chest

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2. Range: indeterminate, evidence of intermediate target


3. Wound path: left-to-right and front-to-back
4. Exit wound: none
5. Bullet present: fragments
6. Injuries: See Internal Injuries
D. Gunshot wound of torso
1. Entry wound: left chest
2. Range: indeterminate, no evidence of close range fire
3. Wound path: left-to-right and front-to-back
4. Exit wound: none
5. Bullet present: yes
6. Injuries: see Internal Injuries
E. Gunshot wound of torso:
1. Entry wound: left chest
2. Range: indeterminate, no evidence of close range fire
3. Wound path: left-to-right
4. Exit wound: none
5. Bullet present: yes
6. Injuries: see Internal Injuries
F. Gunshot wound of torso:
1. Entry wound: left abdomen
2. Range: indeterminate, no evidence of close range fire
3. Wound path: left-to-right
4. Exit wound: none
5. Bullet present: yes
6. Injuries: see Internal injuries
G. Gunshot wound of torso:
1. Entry wound: left abdomen
2. Range: indeterminate, no evidence of close range fire
3. Wound path: left-to-right
4. Exit wound: none
5. Bullet present: yes
6. Injuries: see Internal Injuries
H. Gunshot wound of torso:
1. Entry wound: right abdomen
2. Range: indeterminate, no evidence of close range fire
3. Wound path: right-to-left
4. Exit wound: None
5. Bullet present: yes, fragment
6. Injuries:
a. Soft tissue and muscle
b. Right ilium
I. Gunshot wound of left lower extremity:
1. Entry wound: left hip
2. Range: indeterminate, no evidence of close range fire
3. Wound path: left-to-right and upward

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4. Exit wound: left hip


5. Bullet present: none
6. Injuries: soft tissue and muscle
J. Graze type gunshot wound of left lower extremity
1. Location: left lateral thigh
2. Wound path: left-to-right and upward
3. injuries: Cutaneous
K. Gunshot wound of left lower extremity X.
1. Entry wound: left knee
2. Range: indeterminate, no evidence of close range fire
3. Wound path: left-to-right and upward
4. Exit wound: left anterior thigh
5. Bullet present: none
6. Injuries: Soft tissue and muscle
L. Gunshot wound of right medial knee
1. Range: indeterminate, evidence of intermediate target
2. Wound path: front-to-back and upward and slightly right-to-left
3. Exit wound: none
4. Bullet present: fragment
5. Injuries: Soft tissue and muscle
M. Gunshot wound of left upper extremity:
1. Entry wound: left lateral arm
2. Range: indeterminate
3. Wound path: left-to-right and upwards
4. Exit wound: left medial arm
5. Bullet present: none
6. Injuries: Soft tissue and muscle
N. Gunshot wound of left upper extremity:
1. Entry wound: left lateral arm
3. Wound path: left-to-right, downward
4. Exit wound: left forearm
5. Bullet present: none
6. Injuries:
a. Soft tissue and muscle
b. Left ulna fracture
O. Gunshot wound of left upper extremity
1. Entry wound: left medial forearm
2. Range: indeterminate, evidence of intermediate target
3. Exit wound: none
4. Bullet present: fragment
5. Wound path: upwards
6. Injuries: Soft tissue and muscle
P. Gunshot wound of left upper extremity
1. Entry wound: left posterior forearm
2. Range: indeterminate, no evidence of close range fire
3. Wound path: right-to-left and upward

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4. Exit wound: left lateral forearm


5. Bullet present: none
6. Injuries: soft tissue and muscle
Q. Multiple imbedded bullet fragments present superficially in the skin of the
posterior scalp, left neck, back, flank, and superficial defects of the left lateral arm R.
Internal injuries:
1. Fracture of the left lateral 9th rib, right anterior 7th rib, right posterior
7th rib, right lateral 2nd rib
2. intercostal injuries: the left lateral 7th, left posterior 7th and right
posterior 8th
3. Lungs, liver, left adrenal, abdominal aorta, bowel and mesentery, right
ilium, stomach and bilateral hemothoraces 500 mL each
S. Blunt force injuries:
1. Multiple abrasions, lacerations and contusions of the head, torso and
extremities”
“Cause of Death: Multiple Gunshot Wounds
“Manner of Death: Homicide”

1.22 Ator’s Forensic Toxicology results:

“9.1 Blood, Femoral


Ethanol - None Detected
9.2 Blood, Femoral
Acid / Neutral Drugs - None Detected
Base / Neutral Drugs - None Detected”

1.23 Ator’s Psychological and Linked Association Findings:

Ator’s psychological background is listed in supplement 7 of this investigation;


however, the basic synopsis is as follows: According to the research into Ator’s past
criminal history and mental health records, Ator had multiple events that involved
law enforcement intervention. Some of the events resulted in mental health
evaluations and subsequent forced commitments for periods up to ninety (90) days.
An example is in 2001, Ator threatened to kill his ex-girlfriend’s family then to kill
himself by driving his truck into a tree. Over the years, Ator was handled by law
enforcement for evading arrest, criminal trespassing, assault, aggravated assault,
stalking, and for drug and alcohol abuse. In 2015, members of the Houston Police
Department investigated the death of Ator’s sister, Elissa Ator. The HPD investigation
(ML15-0292) revealed that Elissa Ator committed suicide by shooting herself. This
event seemed to greatly affect Seth Ator’s mental health problems and he would
mention aspects of his sister’s death during some of his paranoia filled rants. At one
point, the ATF denied Ator’s request to purchase a firearm due to his mental health
struggles. All investigative actions directed toward how and where Ator obtained the
rifle and ammunition used to commit this act of violence were conducted by the

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Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and that is not a part of
the Texas Ranger investigation.

1.24 The Texas Rangers found no credible information linking Ator, as a member or
associate of, to any terrorist group, mafia, cartel, criminal street gang, or Incel group.
During the mass shooting event, Ator demonstrated his desire to shoot both men
and women, young and old, law enforcement and civilian, as well as people of
multiple nationalities and races.

1.25 Investigation and Evidentiary Preservation and Storage:

The long-term storage of any remaining physical evidence related to this


investigation will primarily be stored with the Odessa Police Department. Each
respective agency will maintain custody and control of their respective reports, data,
videos, and files. Digital copies of select pieces of key evidence will be directly linked
to Texas Ranger Major Case File 2019C-TRE-50001463 through one of the many
investigation numbers created in the case file. Some evidentiary items may be
preserved multiple times and under multiple reference or tracking numbers because
of the massive amount of data moving between agencies and investigators.

1.26 The Texas Rangers have not filed and do not anticipate filing criminal charges
against anyone for alleged criminal acts related to the investigative avenues covered
by the Texas Rangers for this shooting event.

1.27 The final supplement written under SPURS Major Case File 2019C-TRE-
50001463 is expected to be SPURS Investigation 2019I-TRE-50044233, supplement 9.

1.28 This concludes supplement 1 of 2019I-TRE-50044233.

S6 6.1 On 03-11-2020, I, Texas Ranger Brian Burney, obtained a sworn typed


statement from Odessa Police Department (OPD) Corporal James Santana.
That typed statement is listed under S6.P1 of this investigation file. For exact
details of the statement, refer to S6.P1. Below is the narrative portion of the
statement:

6.2 OPD Corporal Santana’s statement: “My date of birth is . I

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work at the City of Odessa Police Department located at 205 North Grant Ave,
Odessa, Texas. My telephone number is (432) 333-3641. I have served as a
patrol officer and corporal, both certified peace officer positions, with the
Odessa Police Department for approximately 8 years.”

6.3 OPD Corporal Santana’s statement continued: “On 8-31-19 I was


assigned to early squad, which falls between the hours of 0600 to 1730. I was
in full OPD uniform, operating OPD patrol unit 3681, which is a black and
white marked police unit 2015 Chevy Tahoe equipped with red and blue
emergency lights. My radio call number being 710, and I was assigned to
Sector 3 beat 11 (area contained within of East University, North Grandview,
E. 42nd St. and NE Loop 338).

After briefing, at approximately 0630 hours, I began my tour of duty


responding to numerous calls for service. At approximately 1400 hours,
officers received a call for a disturbance at a business located in the area of E.
Murphy and South Grandview. I and OPD Officer Taylor Box responded to
that call. I met Officer Box on scene and we made contact with a manager of
the business who reported that he just had to terminate an employee who he
identified as Seth Ator. The manager of the business reported that upon being
fired, Ator got into his vehicle (gold colored 4 door sedan) and drove through
the fence of the property yard. The manager was able to give the make,
model, and license plate number of the vehicle, which to my recollection was a
Toyota. I observed heavy damage to the fence consistent with that statement.”

6.4 OPD Corporal Santana’s statement continued: “I then began


photographing the scene as Officer Box obtained more information to
complete the report. While on scene, dispatch advised on channel one for
officers to attempt to locate a reckless driver in the approximate area of North
West Loop 338 and West University, traveling south bound. Dispatch advised
the caller reported a white male operating a gold colored Toyota sedan with
the same license plate number as the one given by the business manager, but
that the driver was holding a rifle. I immediately relayed to dispatch that the
vehicle sounded like the suspect from the scene Officer Box and I were
working. While on scene, two DPS troopers who were in the area contacted us
and we relayed the information to them. At that time, the Troopers drove
around the area to attempt to locate the suspect vehicle. Dispatch later called
out another report of the same vehicle pulling into an address on West
Murphy, to which the company manager advised was another one of the
company’s properties. I relayed that information to dispatch at which time
other officers responded to that location to attempt to locate the suspect.
Officers who responded to that location were unable to locate at that time. Due
to the suspect vehicle possibly heading back to the scene, Officer Box and I
armed ourselves with patrol rifles and ordered the company manager to go
inside to take cover. After several minutes, the suspect vehicle did not appear

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back at the scene, and we continued our investigation. DPS Troopers also
arrived back on scene. They were unable to locate the vehicle in the area but
wanted to stay and assist just in case the suspect showed back up with the
rifle.”

6.5 OPD Corporal Santana’s statement continued: “During the


investigation, dispatch advised that Ator had been frequently calling 911,
harassing dispatchers and speaking nonsense. Officer Box and I discussed
getting a warrant for Ator for the criminal mischief and abuse of 911 calls. I
then called dispatch on the phone to gather more details, at which time
dispatch informed me that Ator was still on the line. Dispatch asked if officers
would talk to him. I then handed the phone to Officer Box who spoke with Ator
on the phone for a few minutes. Ator was on speaker phone but it was difficult
to make out what he was saying. I recall Ator saying something about police
and government conspiracies and members of his former company being
involved in child pornography. While Officer Box was speaking with Ator on
the phone, I asked the company manager if he knew Ator to be paranoid
and/or on drugs. The manager reported that Ator was very anti-government
and a conspiracy theorist but wasn’t sure if he used drugs. When Officer Box
finished talking with Ator on the phone, we concluded our investigation and left
the scene. Officer Box was going back to the PD to work on obtaining the
warrants for Ator, and I responded back to my sector to answer more calls.
While traveling north bound on North East Loop 338 from Hwy 80, at approx.
1530 hours, dispatch broadcasted on channel one that shots had been fired in
Midland County on I-20, and two DPS Troopers were shot. At that time, I
turned my patrol unit around and began driving south bound on Loop 338,
activating my emergency lights and sirens. I advised dispatch I was en-route
to that location since I wasn’t far from I-20. I also heard other officers go en-
route to that location.”

6.6 OPD Corporal Santana’s statement continued: “As I was approaching


I-20 from the North East Loop, dispatch broadcasted another gunshot victim at
NE Loop 338 and I-20. I was quickly able to locate this victim at NE Loop 338
and Trunk Street. The victim had been driving a white work van and had been
shot in the left leg. He advised that the shooter just randomly pulled up to him
and shot him through the door before driving away. I had medics respond to
my location, and was contacted on scene by OPD Officer Amanda Smead
who assisted in beginning to hold the scene. Once medics arrived, dispatch
broadcasted that the shooter was now travelling north bound on Loop 338
from I-20. At that time I yelled to medics that the shooter was heading this
way, and they quickly loaded up the victim and left the scene. Officer Smead
and I took cover behind our patrol units and prepared ourselves with our duty
weapons as we watched north bound traffic from I-20. As we waited, dispatch
began broadcasting multiple gunshot victims throughout the city. At that time,
Officer Smead and I left the scene to begin an active attempt to locate the
shooter and assist other gunshot victims, most of the victims being in Sector 3

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(east of North Grandview). I recall being flagged down by a victim in the area
of North John Ben Shepard Parkway and Maple, but only his vehicle had been
shot. I advised him to wait there for assistance as more victims were being
called out by dispatch. During the attempt to locate the suspect, dispatch
advised that a postal worker had been shot and a “mail truck” taken by the
shooter. At his time it wasn’t clear if there was more than one shooter.
Dispatch advised that multiple calls about the “mail truck” were coming in, then
a another call about a silver Honda being driven by a black female was also
firing shots in the area of North East Loop 338 and Hwy 191. It still wasn’t
clear as to how many vehicles and shooters were involved, but we now had
information on three. As I approached another scene for a gunshot victim at
the Market Street at E. 42nd and N. John Ben Shepard Parkway, I pulled into
the parking lot and made contact with OPD Officer Georgia Gutierrez who was
assisting a victim who had been shot in the left shoulder. After quickly
determining that no other victims were present at that particular scene, I
began to leave to respond to more victims at E. 42nd and N. John Ben
Shepard Parkway. As I was leaving, a citizen in the parking lot of Market
Street flagged me down and advised the shooter was possibly in the bank
parking lot behind the Market Street, at which time I communicated that
information to dispatch and responded to that location. I did not locate anyone
in the bank parking lot, so I continued north bound on N. John Ben Shepard
Parkway toward E. 42nd.”

6.7 OPD Corporal Santana’s statement continued: “I then traveled east


bound on E. 42nd (Hwy 191) at which time an officer broadcasted on channel
one that he received information that the shooter(s) was/were at the Odessa
Cinergy movie theater. I, along with multiple officers, responded to the
Cinergy. I armed myself with my patrol rifle and assisted in evacuating
hundreds of people from the theater. I then assisted in clearing the laser tag
arena on the north east side of the theater, not locating any suspects. Upon
determining there were no suspects on scene, multiple officers stayed on
scene at the Cinergy while several left to assist with other victims. As I was
leaving the parking lot attempting to turn onto Hwy 191, dispatch broadcasted
another gunshot victim at Hwy 191 and Faudree, just west of my location. Due
to heavy traffic congestion from vehicles leaving the Cinergy, I was unable to
turn onto Hwy 191, at which time I turned my patrol unit around to travel south
bound, then west bound on Dr. Emmett Headlee. I observed other agency
patrol units doing the same. I notified dispatch that I was en-route to that
location. While traveling west bound on Dr. Emmett Headlee with my
emergency lights and sirens activated, I observed a Midland PD patrol unit
several yards ahead of me. As I was looking at my computer screen to get
more details about the call, I observed the Midland unit slow down and pull
over to the entrance of the Medical Center Plaza just north of the roadway. At
that time I heard multiple distant shots in the area, then immediately observed
a white van with the postal logo on the driver door drive out in front the
Midland PD unit. The van was being driven by a male subject who was

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pointing a rifle at my direction. At that time, I was still driving west bound as
the van quickly passed my unit traveling east, and I instantly ducked to the
right. As the van passed, the driver shot at least two rifle round through my
patrol unit, one round striking my right hand and the other striking my right leg
just above my knee.”

6.8 OPD Corporal Santana’s statement continued: “I then attempted to


notify dispatch of shots fired and the location. I then exited my vehicle and ran
back to where the Midland PD unit had been, where I observed Midland PD
Officer Zack Owens bleeding from the face and arms. Owens was standing
outside of his unit and was being assisted by another officer who yelled at me
to bring a car. I then ran to the nearest unit but an ambulance was already
arriving on scene. After Officer Owens was taken by the ambulance, I notified
dispatch that I had been shot and was going to drive myself to Medical Center
Hospital due to no ambulances being available. At that time OPD Sgt. Rusty
Martin ordered me to stay put as he was close by. Sgt. Martin arrived on
scene and applied a tourniquet to my right leg. My patrol equipment, uniform
shirt (including body cam), and vest were taken off of me by Sgt. Martin and
OPD Corporal Steven Lofton as they were checking my upper body for
wounds. These items were left at the scene with my patrol unit. Shortly after
that an ambulance carrying another gunshot victim named Coy Edge arrived
on scene. I got into the ambulance and assisted with applying pressure to
Coy’s abdomen where he had been shot. I was then transported to MCH for
treatment. For any other details related to my actions during the above
described event, please refer to my in-car police video and/or body camera
footage.”

6.9 This concludes Corporal Santana’s statement.

S8 8.1 During the first few days of this investigation, I, Texas Ranger Brian
Burney, obtained various pieces of potential evidence and or granted
authorization to transfer possession of certain pieces of evidence to other law
enforcement entities. This supplement will serve to document misc. items of
evidence and or receipts. All items listed are currently scanned in a digital
format and stored on the master file under 2019I-TRE-50044233 supplement
8.

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8.2 The centralized items listed as exhibits S8.P12 through S8.P17 were
combined just for this supplement for organizational and research purposes.

8.2 The following is a list of items linked to this supplement in the evidence
tab:

S8.P1 Photographs taken by FBI during the search warrant execution at


Ator’s residence
S8.P2 Video recording from Texas DPS Aircraft of the various crime
scenes
S8.P3 Driver license return data on 21 of the victims
S8.P4 Misc. Worksheets and lists
S8.P5 Photos of Ator’s Home during FBI Search
S8.P6 Workup File on Seth Ator
S8.P7 Misc. receipts from the FBI & USPS
S8.P8 Statement submitted by Farmers Branch Police Officer Michael
Dunn sent through OPD
S8.P9 USPS seized documents from Ator’s PO Box
S8.P10 Four in-car videos received from Ranger Eaton. In-car videos
from Officers Jake Owens, Addisson Prater, Zach Owens, and R Aguirre -
these four videos were collected and preserved as a backup early on during
the investigation. These videos should be preserved in other supplements
linked to this investigation.
S8.P11 Ranger Burney's misc. field notes
S8.P12 Centralized copy of All Evidence Receipts
S8.P13 Centralized copy of All Autopsy Reports
S8.P14 Centralized copy of All Texas DPS Lab Submission reports
S8.P15 Centralized copy of All Texas DPS Crime Lab Reports
S8.P16 Centralized copy of cropped video and still images of highlighted
events that took place during this event.
S8.P17 Centralized copy of statements obtained from law enforcement
officers who were directly engaged with or engaged by the suspect.

8.3 This concludes supplement 8. This investigation remains open.

S9 9.1 Supplement 9 will serve to close investigation 2019I-TRE-50044233 and to


close Major Case File 2019C-TRE-50001463.

9.2 There are no criminal charges related to this investigation anticipated or


pending since the sole suspect died during the event.

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9.3 All law enforcement personnel, who used deadly force in the course of their
duties as it related to this event, were declared to have used justifiable force by both
District Attorney’s in Ector County and Midland County.

9.4 The Odessa Police Department maintains custody of all evidence related to this
investigation for the purpose of long-term storage. Items originally seized as
evidence belonging to victims, potential victims, witnesses, law enforcement officers,
and or law enforcement agencies will be returned to the rightful owners according to
Odessa Police Department’s policies.

9.5 Many local, county, state, and federal law enforcement agencies came
together and shared resources, intelligence, and work products with each other,
including the Texas Rangers. Some of those shared items were utilized and preserved
in the master digital file used by the Texas Rangers; however, each respective agency
will be responsible for their own work product and file retention.

9.6 No further investigative actions are anticipated for this Major Case.

9.7 Case closed

S2 1. On August 1, 2019, Department of Public Safety (DPS) Criminal Investigations


Division (CID) Special Agent (SA) Timothy Boulrice interviewed Joe Hollinshead.
2. SA Boulrice interviewed Joe Hollinshead at Hollinshead’s residence located at 12073
SH-158, Gardendale, Texas 79758.

3. Hollinshead informed SA Boulrice that Hollinshead was driving westbound on E. 42nd


St., Odessa, Texas at approximately 3:00 p.m. and was in the center lane at the
traffic light at John Ben Shepperd Parkway Blvd., Odessa, Texas, Hollinshead saw a
gold/tan color car drive up on Hollinshead’s driver side.

4. Hollinshead said a male approximately thirty (30) years old sitting in the driver seat
pointed a gun out of the passenger side window and fired as the male drove down
the line of cars that were stopped at the traffic light.
5. Hollinshead’s vehicle had two (2) bullet holes in the rear driver side fender. Photos
were taken by SA Boulrice of the bullet holes and the exit holes on the passenger
side and front of the bed of the pickup truck.
6. Hollinshead gave a written statement of the events, see attachment “Statement.”
The interview was videoed and placed on a digital versatile disc and will be #S2.P1.
The photos where placed on a compact diskette and will be #S2.P2.
7. SA Boulrice concluded the interview with Hollinshead.

Evidence:

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Non-Drug Exhibit #S2.P1, described as, a Digital Versatile Disc (DVD) contained the interview
of Joe Hollinshead was turned over to Texas Ranger Brian Burney.
Non-Drug Exhibit #S2.P2, described as, a Compact Diskette (CD) containing nine (9)
photographs of the bullet holes in Joe Hollinshead’s vehicle was turned over to Texas Ranger
Brian Burney.

S3 1. On August 1, 2019, Department of Public Safety (DPS) Criminal


Investigations Division (CID) Special Agent (SA) Timothy Boulrice
interviewed Amanda Castellanos.
2. The interview was completed at Castellanos’ home address 3618 N
Adams Avenue, Odessa, Texas 79762.
3. Castellanos informed SA Boulrice that at approximately 3:45 p.m.
Castellanos heard two (2) gun shots. Castellanos went to Castellanos’
door and observed a man in a bright orange shirt holding a postal
worker in one hand and a long black gun in the other.
4. Castellanos stated that Castellanos saw the man shoot the postal
worker once then enter the postal worker’s vehicle and drive away.
Castellanos ran to the postal worker and checked the postal worker’s
pulse. Castellanos was unable to find a pulse.
5. Castellanos’ son called nine one one (911) and handed Castellanos
the phone.
6. Castellanos provided a written statement to SA Boulrice. See
attachment "Statement."
7. The interview was recorded and placed on a compact diskette and
labeled #S3.P1. The written interview was turned over to Texas Ranger
Brian Burney.
8. SA Boulrice concluded the interview.
Evidence:
Non-Drug Exhibit #S3.P1, described as, a compact diskette (CD) contained
the interview of Amanda Castellanos was immediately turned over to Texas
Ranger Brian Burney.

S4 1. On August 1, 2019, Department of Public Safety (DPS) Criminal Investigations


Division (CID) Special Agent (SA) Timothy Boulrice attempted to interview Maria
Boado at MCH Medical Center Hospital at 500 W. Fourth St., Odessa, Texas 79761.
2. SA Boulrice discovered that Boado was in the Intensive Care Unit (ICU) at MCH. SA

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Boulrice was informed by the ICU staff that Boado was just intubated, so would be
unable to talk.
3. SA Boulrice inquired as to how long Boado would be intubated and the ICU nurse
said until Tuesday September 3, 2019.
4. SA Boulrice decided not interview Boado due to Boado’s current medical state.

S5 1. On August 1, 2019, Department of Public Safety (DPS) Criminal Investigations


Division (CID) Special Agent (SA) Timothy Boulrice interviewed Coy and Patty Edge.

2. This interview took place at the MCH Medical Center Hospital at 500 W. Fourth St.,
Odessa, Texas 79761. Coy and Patty Edge where located in the Intensive Care Unit
(ICU).
3. Coy Edge informed SA Boulrice that Coy and Patty Edge where driving by the “Chris
Kyle Memorial” on E. Highway 191 Frontage Road, Odessa, Texas 79765 when a
white post office vehicle pulled up beside Coy and Patty Edge on Coy and Patty
Edge’s driver side.
4. Coy Edge said that the driver asked Coy Edge what was happening. Coy Edge said
there was an active shooter. The driver said “yea” and shot Coy Edge in the left side
through Coy Edge’s driver side window.
5. The driver then drove away towards the Cinergy Cinemas on 8250 E. Highway 191,
Odessa, Texas 79765.
6. Coy Edge drove to the MCH Center for Health & Wellness on 8050 E. Highway 191
Frontage Road, Odessa, Texas 79765 were Patty Edge placed pressure on the wound
and a resident at the MCH Center for Health & Wellness came out of the building to
help Coy and Patty Edge.
7. Coy and Patty Edge where then transported by ambulance to the MCH Medical
Center Hospital at 500 W. Fourth St., Odessa, Texas 79761.
8. Coy Edge informed SA Boulrice that Coy Edge was shot at approximately 4:09 p.m.
9. SA Boulrice transferred the interview to a Compact Diskette (CD) and labeled the CD
#S5.P1.
10. Sa Boulrice concluded the interview.
Evidence:
Non-Drug Exhibit #S5.P1., described as, a Compact Diskette (CD) containing the interview of
Coy and Patty Edge was turned over to Texas Ranger Brian Burney.

S7 Synopsis:

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I, Company “E” Texas Ranger Stephen Gray compiled this report in order to
document and notate the history of Seth Aaron Ator, white male, date of birth
09/27/1982. Ator conducted an active shooter event in Odessa, Texas on
08/31/2019.
The following is a total synopsis of Ator’s criminal record and commitments.

Details:

7.1. I, Company “E” Texas Ranger Stephen Gray collected sources of


information about Seth Aaron Ator, white male, date of birth
09/27/1982. The following is a breakdown of intelligence and fusion
reports regarding Ator to include past criminal history.

7.2. Ator is shown to have the following identifiers.

7.3. Date of Birth: 09/27/1982.

7.4. Social Security Number: 637-05-8387.

7.5. Texas Driver’s License Number: 18753634.

7.6. Texas SID: 06719241.

7.7. Federal Bureau of Investigation Identification Number: 234366TB9

7.8. Records show that Seth Ator had been in contact with law
enforcement:

7.9. On 01/31/1993, Ator was contacted by the Amarillo Police Department


(APD) as a juvenile for pulling a knife on a group of girls in a park and
making the statement that he was going to stab one of them.

7.10. On 05/09/2000, Ator came in contact with APD for theft and possible
strong-armed robbery.

7.11. On 06/11/2001, Ator came in contact with the McLennan Sheriff’s


Office. Ator’s girlfriend had broken up with him. Ator had threatened to
hurt himself by “running his truck into a tree or something”. Ator also
threatened to kill members of the family who were stopping Ator from
getting to his ex-girlfriend. Ator was taken to Providence Emergency
room for psychological evaluation.

7.12. On 07/06/2001, Ator came into contact with the McLennan Sheriff’s
Office with regards to a threatening telephone call to the brother of his
ex-girlfriend. Ator had stated during the call that he would kill the
brother of his ex-girlfriend.

7.13. On 07/08/2001, Ator was arrested by the Waco police department due
to drug and alcohol abuse that led to criminal mischief charges at the

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DePaul Center in Waco. Ator was voluntarily visiting a psychologist to seek


help with his problems.

7.14. 07/10/2001, Ator came in contact with Waco PD for criminal Mischief.
(Related to the 07/08/2001 incident).

7.15. 08/03/2001, Ator came in contact with the McLennan Sheriff’s Office for
Criminal Trespass, Evading Arrest. (Ator had a warrant for Criminal
Trespass, Ator evaded by jumping out of a second story window of an
apartment complex).

7.16. 08/23/2002, Ator was investigated by the McLennan Sheriff’s Office for
harassment and threats via phone messages. Ator had called the
house of his ex-girlfriend and threatened the family. The following was
noted on the police report written by the McLennan Sheriff’s Office:

7.17. “If you call the cops and make up things or tell them things about me I’ll
make it come true, bitch.”

7.18. “I’m going to jail for 2 years and if you don’t think you will be dead in 2
years then I will see you again when I get out.”

7.19. “I’ll get out and get to call you again and again and again.”

7.20. “When you have a shotgun you usually use it.”

7.21. “Maybe Daniel and I should get a couple of shotguns and go out to the
field and see what happens.”

7.22. On 11/07/2002, Ator came into contact with APD for Assaulting and
threatening family members, Ator shows psychological problems during
this contact. Family members state that he was receiving counseling
and would possibly hurt himself.

7.23. On 04/06/2006, Ator came into contact with the Sheriff’s Office of
McLennan County. Ator was taken for a mental health screening and
committed to ninety (90) days at DePaul / ASH in Waco.

7.24. On 03/26/2010, Ator came in contact with APD for Assault by Contact,
Ator was assaulted by several African American males after stating that
“this isn’t H town why don’t you go back to Houston”. Ator appears to
have been the victim of the assault.

7.25. On 09/04/2010, Ator came into contact with APD for a Citation, the
citation was for failing to maintain financial responsibility, and Ator also
gave a statement about a car crash he had witnessed.

7.26. 09/16/2010, Ator came into contact with APD for Assault by Contact,
Ator was the victim of an assault after feuding with a coworker for a

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prolonged period of time.

7.27. 12/20/2010, Ator came into contact with APD for burglary of a
habitation, Ator was arrested for threatening a woman out of a burglary
Ator and another man had conducted.

7.28. 02/07/2011. Ator came in contact with APD for a call about a mentally
disturbed person. Ator was described by his mother Debra Sue Warren
that he was showing paranoid tendencies and becoming delusional
believing in government conspiracies. Ator believed that the
government was spying on him through anything electronic in the
house. This spying included the government using such items as
television and radio.

7.29. Ator believed that he was being stalked by the government. Debra
explained that Ator had refused to take his mental health medications.
Debra believed that Ator was suffering from a disturbed mental capacity
compared to how he normally was.

7.30. Ator had made statements that he would commit a suicide by cop
referencing a “shotty” or shotgun. Ator had stated that he had Teflon
coated bullets in order to penetrate police body armor. Debra stated
that Ator had used narcotics, officer were taken into the backyard
where Ator had dug what appeared to be a fallout shelter of some kind.
Ator was taken into custody with the purpose of being mentally
evaluated, Ator was later admitted to the Pavilion for mental health
treatment.

7.31. This incident was such a concern to APD that arrangements and
pictures of Ator’s residence were given to Amarillo PD SWAT for any
future call to Ator’s residence.

7.32. This incident with Ator reported by APD under file # 2011-0004077, this
seems to be the first time in Ator’s criminal history where he started
showing severe signs of mental illness and being a threat to himself
and others.

7.33. On 12/07/2012, Ator came in contact with APD to report a possible


stalking. This interaction was recorded with audio. Ator stated that a girl
at a mall was recording him with the purpose of putting the video or
picture on the internet. Ator seems delusional and paranoid at this time.
Ator would not listen to the officer when he explained to Ator that it is
not a crime to record people in public.

7.34. On 01/21/2015, Elissa Ator (Seth Ator’s sister) commits suicide in the
Houston area. Ator made comments that his sister was murdered. I
obtained a copy of the Houston Police Departments report into the
death of Elissa Ator, white female, date of birth 04/28/1952. The report

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from Houston PD “identified with incident number 87501-15” stated that the
mother of Elissa Ator had heard a gunshot upstairs at the home and
had discovered Elissa Ator dead in a bathtub due to an apparent self-
inflicted gunshot wound to the head.

7.35. An investigation was conducted by the Houston Police Department


which found no suspicious activity in the suicide. On January 22nd
2015, an autopsy was conducted by Doctor Sasha Osbourne of the
Harris County Institute of Forensic Sciences. The report generated by
Doctor Osbourne and identified by case # ML15-0292, showed that the
cause of death was an Intraoral shotgun wound of the head. The
manner of death was ruled a suicide.

7.36. Mental Health Information Gathered on Seth Ator.

7.37. The following information was gathered from a series of “Writs of


Commitment” with regards to Seth Ator’s mental faculties.

7.38. On 04/04/2006, 05/04/2006 and 06/04/2006, Seth Ator was evaluated


by doctors at DePaul / ASH Hospital. The following are excerpts from
the paperwork discovered regarding Seth Ator.

7.39. Seth Ator was shown to be under the care of William E. LeBeau M.D.
The following was checked on a list with regards to Seth Ator.

7.40. Checked as true - is likely to cause serious harm to self.

7.41. Checked as true - is likely to cause serious harm to others.

7.42. Checked as true - is suffering sever and abnormal mental, emotional


physical distress. It is therefore determined that the patient is mentally
ill.

7.43. Dr LeBeau stated the following during his notes of Seth Ator. “Patient
continues with refractive depression causing him to remain intent on
killing himself”.

7.44. “Major depression recurrent with continual intent to kill himself”.

7.45. “Determined, constant, declared intent to kill himself”.

7.46. Under Section VI- The petitioner, Doctor LeBeau, was asked the
following, “Petitioner believes that if patient is not administered the
class(es) of psychoactive medication specified in paragraph III, above,
the consequences will be:”. Doctor LeBeau typed in the word “Deadly”.

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7.47. Seth Ator was noted as being treated by Doctor LeBeau using the
following medication: antidepressants, antipsychotics, anxiolytics,
sedatives and hypnotics.

7.48. This concludes information gathered about Seth Ator.

7.49. The following evidence is stored on the Texas Rangers hard drive,
under Major Case Investigations / 2019C-TRE-50001463, Odessa
Mass Shooting - Seth Ator / Gray - Ator background and mental health /
Ator info pre investigation.

7.50. S7.P1. DPS Intelligence reports and Rap.

7.51. S7.P2. Amarillo PD Reports

7.52. S7.P3. McClennan County Reports.

7.53. S7.P4. Houston PD Reports Ator’s sister.

7.54. S7.P5. McLennan Mental Health reports.

INVESTIGATION REQUESTED BY
Odessa Pd (TX0680200)
205, N Grant AVE
Odessa, Texas
79761
External to DPS Requestor Name: Chief Mike Gerke

SUSPECTS
S7 ATOR, SETH AARON - White/Male - 09/27/1982
Hair: Eyes: Weight: Height:
SSN: 637-05- SID: DL#: DL State: TX
8387 06719241 18753634
Home: Cell: Work: Email:

VICTIMS
S4 Boado, Maria - Hispanic/Female -
Hair: Eyes: Weight: Height: 5' 04"
SSN: SID: DL#: DL State:

Home: (786)908- Cell: Work: Email:


4266

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S5 Edge, Coy - White/Male -


Hair: Brown Eyes: Blue Weight: 210 Height: 6' 00"
lbs
SSN: SID: DL#: DL State:

Home: Cell: Work: Email:

WITNESSES
S8 Dunn, Michael - White/Male
Home: Cell: Work: Email:

S2 Hollinshead, Joe Russell - White/Male -


Home: 432-634- Cell: Work: Email:
0097

S3 Castellanos, Amanda Female -


Home: 432-770- Cell: Work: Email:
9379

S5 Edge, Patty - White/Female -


Home: Cell: Work: Email:

S7 LeBeau, William
Home: Cell: Work: Email:

INVOLVED
S6 Santana, James Thomas - Unknown/Male -
Hair: Eyes: Weight: Height:
SSN: SID: DL#: DL State:

Home: Cell: Work: Email:

S7 Ator, Elissa - 04/28/1952


Hair: Eyes: Weight: Height:
SSN: SID: DL#: DL State: TX
Home: Cell: Work: Email:

INVOLVED LOCATIONS
S1 Cinergy Cinemas
8250 E Highway 191

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Odessa, TX

S2 Hollinshead Residence
12073 SH-158
Gardendale, TX 79758

Shooting Site
Intersection JBS Parkway and E 42nd Street
Odessa, TX 79762

S3 Castellanos Residence
3618 N Adams Avenue
Odessa, TX 79762

S4 MCH Medical Center Hospital


500 W Fourth St
Odessa, TX 79761

S5 MCH Medical Center Hospital


500 W Fourth St
Odessa, TX 79761
Activity Location

Chris Kyle Memorial


8050 E. Highway 191
Odessa, TX 79765
Highway / Road / Alley

Cinergy Cinemas
8250 E Highway 191
Odessa, TX 79765

MCH Center for Health & Wellness


8050 E Highway 191 Frontage Road
Odessa, TX 79765

INVOLVED VEHICLES
S2 Tan 2006 Ford F-150
Status: Non-Suspect VIN: State: Plate:

OFFENSES

CHARGES

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PERSONNEL
S1 Brian Burney, Texas Rangers "E"
Texas Dept of Public Safety
(432) 498-2125

S6 Brian Burney, Texas Rangers "E"


Texas Dept of Public Safety
(432) 498-2125

S8 Brian Burney, Texas Rangers "E"


Texas Dept of Public Safety
(432) 498-2125

S9 Brian Burney, Texas Rangers "E"


Texas Dept of Public Safety
(432) 498-2125

S2 Timothy Boulrice, Criminal Investigations Division "4"


Texas Dept of Public Safety

S3 Timothy Boulrice, Criminal Investigations Division "4"


Texas Dept of Public Safety

S4 Timothy Boulrice, Criminal Investigations Division "4"


Texas Dept of Public Safety

S5 Timothy Boulrice, Criminal Investigations Division "4"


Texas Dept of Public Safety

EVIDENCE
S2.P1 Evidence: Audio and/or Video recording (other)
Seizure Date: 09/01/2019
Description: Non-Drug Exhibit #S2.P1 described as a Digital Versatile
Disc (DVD) contained the interview of Joe Hollinshead.
Seized From: Hollinshead Residence
Address: 12073 SH-158, Gardendale, TX 79758
By: Timothy Boulrice

Chain of Custody:
Transfered To: Date/Time:
Brian Burney - Alpine (Alpine DPS Office) 09/11/2019
1010

Disposition:

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Status: Requested/Authorized By: Date/Time:


No Final Disposition Texas Ranger Brian Burney 09/11/2019
Required 1000

S2.P2 Evidence: Photograph


Seizure Date: 09/01/2019
Description: Non-Drug Exhibit #S2.P2 described as a Compact Diskette
(CD) containing nine (9) photographs of the bullet holes in
Joe Hollinshead’s vehicle.
Seized From: Hollinshead Residence
Address: 12073 HS-158, Gardendale, TX 79758
By: Timothy Boulrice

Chain of Custody:
Transfered To: Date/Time:
Brian Burney - Alpine Texas (Alpine DPS Office) 09/11/2019
1000

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition Texas Ranger Brian Burney 09/11/2019
Required 1010

S3.P1 Evidence: Audio and/or Video recording (other)


Seizure Type:Consent
Seizure Date: 09/01/2019
Description: Non-Drug Exhibit #S3.P1 described as a compact diskette
(CD) contained the interview of Amanda Castellanos
Seized From: Interview with Amanda Castellanos
Address: 3618 N Adams Avenue, Odessa, TX 79762
By: Timothy Boulrice

Chain of Custody:
Transfered To: Date/Time:
Brian Burney - Alpine Texas (DPS Alpine Office) 09/11/2019
1500

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 09/11/2019
Required 1500

Released To/Destroyed Location:


Released To: Texas Ranger Brian Burney

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S5.P1 Evidence: Audio and/or Video recording (other)


Seizure Type:Consent
Seizure Date: 09/01/2019
Description: Non-Drug Exhibit #S5.P1. described as a Compact
Diskette (CD) containing the interview of Coy and Patty
Edge.
Seized From: MCH Medical Center Hospital
Address: 500 W Fourth St , Odessa, TX 79761
By: Timothy Boulrice

Chain of Custody:
Transfered To: Date/Time:
Brian Burney - Alpine Texas (DPS Alpine Office) 09/11/2019
1630

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 09/11/2019
Required 1630

Released To/Destroyed Location:


Released To: Texas Ranger Brian Burney

S6.P1 Evidence: Witness Statement (written)


Seizure Date: 03/11/2020
Description: Sworn statement from Odessa Police Department Corporal
James Santana
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 10/15/2020
Required 0000

S7.P1 Evidence: Other


Seizure Date: 08/24/2021
Description: DPS Intelligence reports on Seth Ator, basic information
and Rap
Address: , TX
By: Stephen Gray

Disposition:

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Status: Requested/Authorized By: Date/Time:


No Final Disposition 08/24/2021
Required 2000

S7.P2 Evidence: Other


Seizure Date: 08/25/2021
Description: Amarillo PD reports and DVD with Ator complaint
Address: , TX
By: Stephen Gray

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/24/2021
Required 2000

S7.P3 Evidence: Written document (other)


Seizure Date: 08/25/2021
Description: McLennan County Reports on Seth Ator
Address: , TX
By: Stephen Gray

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/24/2021
Required 2000

S7.P4 Evidence: Other


Seizure Date: 08/25/2021
Description: Houston PD Reports for Elissa Ator
Address: , TX
By: Stephen Gray

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/24/2021
Required 2000

S7.P5 Evidence: Other


Seizure Date: 08/25/2021
Description: McLennan Mental health Writs Regarding Seth Ator
Address: , TX
By: Stephen Gray

Disposition:

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REPORT OF INVESTIGATION Page 39 of 43

Status: Requested/Authorized By: Date/Time:


No Final Disposition 08/24/2021
Required 2000

S8.P1 Evidence: Photo Album


Seizure Date: 09/02/2019
Description: Copy of FBI photos from vehicle 1 - 10 along IH-20 scene
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition COPY ONLY - Original w/ 08/30/2021
Required FBI 0000

S8.P2 Evidence: Audio and/or Video recording (other)


Seizure Date: 08/31/2019
Description: TXDPS Aerial Video of shooting scene
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/30/2021
Required 0000

S8.P3 Evidence: Driver's License ID


Seizure Date: 05/04/2021
Description: Victim's Driver License Data
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/30/2021
Required 0000

S8.P4 Evidence: Written document (other)


Seizure Date: 08/30/2021
Description: 12 misc documents and lists used by investigators to track
various aspects of the investigation
Address: , TX
By: Brian Burney

Disposition:

DPS SENSITIVE 09/06/2021 06:10


REPORT OF INVESTIGATION Page 40 of 43

Status: Requested/Authorized By: Date/Time:


No Final Disposition 08/30/2021
Required 0000

S8.P5 Evidence: Photo Album


Seizure Date: 08/30/2021
Description: Copy of Photos taken by FBI ERT at Seth Ator's house
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition COPY ONLY - Original 08/30/2021
Required belongs to FBI 0000

S8.P6 Evidence: Other


Seizure Date: 08/30/2021
Description: TEXAS DPS Workup file and DPS Comms time line on
Seth Ator
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/30/2021
Required 0000

S8.P7 Evidence: Notes


Seizure Date: 08/30/2021
Description: Receipts related to evidence linked to USPS and FBI
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/30/2021
Required 0000

S8.P8 Evidence: Witness Statement (written)


Seizure Date: 08/30/2021
Description: Copy of witness statement by Flowermound POlice Officer
Michael Dunn
Address: , TX
By: Brian Burney

DPS SENSITIVE 09/06/2021 06:10


REPORT OF INVESTIGATION Page 41 of 43

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition Copy Only 08/30/2021
Required 0000

S8.P9 Evidence: Other


Seizure Date: 08/30/2021
Description: Scanned documents and receipts from USPS for Ator's PO
Box
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition Copy of documents only 08/30/2021
Required 0000

S8.P10 Evidence: Audio and/or Video recording (other)


Seizure Date: 08/30/2021
Description: Backup copy of 4 x In-car videos (Prater, J. Owens,
Aguirre, Z. Owens) from Ranger Eaton
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition Copy Only 08/30/2021
Required 0000

S8.P11 Evidence: Notes


Seizure Date: 08/30/2021
Description: Ranger Burney's field notes
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/30/2021
Required 0000

S8.P12 Evidence: Other


Seizure Date: 08/30/2021
Description: Texas Ranger & OPD Evidence Receipts
Address: , TX
By: Brian Burney

DPS SENSITIVE 09/06/2021 06:10


REPORT OF INVESTIGATION Page 42 of 43

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/30/2021
Required 0000

S8.P13 Evidence: Other


Seizure Date: 08/30/2021
Description: 8 Autopsy Reports
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition COPY ONLY 08/30/2021
Required 0000

S8.P14 Evidence: Other


Seizure Date: 08/30/2021
Description: DPS Lab Submission Documents
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition Copy Only 08/30/2021
Required 0000

S8.P15 Evidence: Other


Seizure Date: 08/30/2021
Description: DPS Crime Lab Reports x 4
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition Copy Only 08/30/2021
Required 0000

S8.P16 Evidence: Audio and/or Video recording (other)


Seizure Date: 08/31/2021
Description: Video Clip and Image Highlights
Address: , TX
By: Brian Burney

DPS SENSITIVE 09/06/2021 06:10


REPORT OF INVESTIGATION Page 43 of 43

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/31/2021
Required 0000

S8.P17 Evidence: Witness Statement (written)


Seizure Date: 08/31/2021
Description: Centralized file of statements from Pryor, Justiss, Owens,
Santana, Prater, Vavao, and Standerfer
Address: , TX
By: Brian Burney

Disposition:
Status: Requested/Authorized By: Date/Time:
No Final Disposition 08/31/2021
Required 0000

ATTACHMENT NAME(S)
Original Supplement 1 of 2019I-TRE-50044233.pdf
Statement.pdf
Statement.pdf
Boado 214.pdf
Interview 214.pdf
END OF REPORT

DPS SENSITIVE 09/06/2021 06:10

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