IN THE CIRCUIT COURT OF 
                            BENTON COUNTY, ARKANSAS 
                          
                        AFFIDAVIT OF PROBABLE CAUSE 
                          TO OBTAIN BAIL 
                      
                       
                      STATE OF ARKANSAS PLAINTIFF 
                      VS 
                      DAVIS DON CARPENTER DEFENDANT 
                        W/M, DOB: 08-02-61 
                        & 
                        JOSHUA MACAVE BROWN DEFENDANT 
                      W/M, DOB: 6-7-77 
                       
                      
                        FACTS CONSTITUTING PROBABLE 
                          CAUSE
                         
                      
                      Comes now Detective Sergeant Terry Woodside 
                        of the Rogers Police Department Criminal Investigation Division, and 
                        under oath doth state: 
                        
                      After extensive investigation, on September 
                        26, 1999, the Defendant, Joshua Macave Brown, DOB: 6-7-77, was arrested 
                        on the charges of Capital Murder, Class Y Felony, and Rape, Class 
                        Y Felony (6 COUNTS). Defendant Davis Don Carpenter, DOB: 8-2-61, was 
                        arrested on September 26th, 1999 at approximately 7:45 p.m., on the 
                        charges of Capital Murder, Class Y Felony, and Rape, Class Y Felony 
                      (6 COUNTS). 
                      The records of the Rogers Police Department 
                        reflect that on Sunday, September 26th, 1999, at 0453 hours, Patrolman 
                        Ian Smith and Patrolman Jason Curry responded to 1207 West Sunset 
                        Drive to assist an ambulance crew of the Rogers Fire Department regarding 
                        a call for medical assistance. Upon their arrival, Davis Don Carpenter, 
                        38 years of age, and a resident of 1207 West Sunset Drive contacted 
                        them. Carpenter seemed very upset and repeatedly said, Hes 
                        not breathing. Carpenter let the officers into the apartment 
                        and to the northwest bedroom. Another male subject, Joshua (Josh) 
                        Brown, 22 years of age, was standing in the hallway, completely naked, 
                        holding a flashlight and a telephone. The officers observed a young, 
                        naked male subject, later identified as Jesse Dirkhising (aka: Jesse 
                        Yates), thirteen years of age (DOB: 5-24-86), on the floor in the 
                        middle of the room, next to a mattress. Dirkhisings genitals 
                        and abdomen were covered with what appeared to be feces. Dirkhisings 
                        mouth was blue, he had a weak pulse, but he did not appear to be breathing. 
                        Patrolman Smith also observed that Dirkhising had masking or duct 
                        tape wrapped around his right hand. When Josh Brown was asked about 
                        the tape, he replied that they were just playing a game. An empty 
                        prescription bottle was observed on the mattress. In addition, Patrolman 
                        Smith observed some pills and a razor blade on a mirror at the front 
                        entrance, which appeared to be controlled substances and drug paraphernalia. 
                        
                      Rogers Fire Department Paramedics transported 
                        Dirkhising to St. Marys Hospital emergency room, where he was 
                        pronounced dead at 0532 hours. 
                        
                      During preliminary questioning at the scene, 
                        Josh Brown assaulted Corporal Rick Simmons, and was placed under arrest. 
                        While being questioned by Detective Martha Armstrong after being Mirandized, 
                        Josh Brown stated that he was Davis Carpenters lover. Brown 
                        also said that he (Brown) and Dirkhising frequently tie each other 
                        up, although not for sexual purposes. Brown stated that on this occasion 
                        he snuck up on Dirkhising, tied his hands behind his back, placed 
                        a pair of underwear in Dirkhisings mouth and secured them with 
                        a bandana and duct tape. He placed a bandana over Dirkhisings 
                        eyes and secured it in place with duct tape. He then placed a tee 
                        shirt over Dirkhisings head, and checked to ensure that Dirkhisings 
                        nostrils were not covered. He placed belts around Dirkhisings 
                        knees and ankles to hold his legs together. Brown then untied Dirkhisings 
                        wrists and secured them to opposite sides of the mattress. He positioned 
                        Dirkhising on his stomach, placing pillows under his stomach. Brown 
                        then proceeded to penetrate Dirkhisings anus with various items, 
                        including three (3) fingers of his hand, his penis, a cucumber, a 
                        sausage, a banana and a douche bottle. Brown stated at one point he 
                        prepared and administered an enema for the victim, using his own urine 
                        as the liquid. Brown then positioned a cucumber so that it was slightly 
                        penetrating Dirkhisings anus, and secured it with tape. He then 
                        went to the kitchen, where he ate a sandwich before returning to the 
                        bedroom. Upon his return, he found that Dirkhising was apparently 
                        not breathing. Brown pulled the tee shirt off Dirkhisings head, 
                        cut the tape and bandanas away, removed the underwear from Dirkhisings 
                        mouth and contacted Carpenter. Brown also guessed Dirkhising to be 
                        thirteen or fourteen years old. 
                        
                      Carpenter told officers that Brown woke him 
                        up and told him there was a problem with Dirkhising. Carpenter found 
                        Dirkhising lying on the bedroom floor with his hands bound with tape. 
                        He cut the tape and attempted to administer CPR before calling 9-1-1. 
                        
                      Det. Jarod Mason interviewed Paula McVey, the 
                        grandmother of Jesse Dirkhising (aka: Jesse Yates). Ms. McVey stated 
                        that Davis Carpenter was a friend of Jesse Dirkhisings mother 
                        and stepfather, who live in Prairie Grove. She stated that for the 
                        last two or three months, Dirkhising had been coming from Prairie 
                        Grove to Rogers to stay with Carpenter on the weekends. She related 
                        that she was under the impression that Dirkhising had been earning 
                        money during those weekends by working for Carpenter at the hairstyling 
                        shop where Carpenter worked. She stated that Carpenter had a younger 
                        male lover who lived with him. 
                        
                      A search warrant for 1207 West Sunset Drive, 
                        Davis Carpenters residence, was executed by detectives of the 
                        Rogers Police Department. During the search of the residence, Detectives 
                        recovered numerous small green pills, from the living room and bedroom, 
                        various bottles of prescription medicine, including the controlled 
                        substance amitryptiline, a known heavy sedative commonly used to treat 
                        depression. Also located in the living room, were a mirror with several 
                        of the green pills, and a small quantity of off white colored powder 
                        suspected to be methamphetaminc. Numerous items of evidence were recovered 
                        from the bedroom, including two cucumbers, one of which was covered 
                        with what appeared to be petroleum jelly, the other having what appeared 
                        to be fecal matter on it. Also located in the bedroom was a tube-shaped 
                        sausage, as well as a crushed banana. A plastic disposable douche 
                        bottle with the applicator secured in place with duct tape was found 
                        amongst numerous items used in bondage. The bondage items included 
                        numerous belts, large quantities of duct tape and strapping tape, 
                        handcuffs, nylon rope, what appeared to be a rubber jumprope, and 
                        electrical cord. Detectives located a mass of items which included 
                        used duct tape, what appeared to be a shirt, a pair of mens 
                        brief underwear, and a bandana, which, according to a statement by 
                        Defendant Josh Brown, were used to gag and blindfold the victim during 
                        the rape. Numerous containers of petroleum jelly were found throughout 
                        the residence. 
                        
                      In the living room, detectives discovered a 
                        computer and related equipment that was still running. When the monitor 
                        was turned on, a program entitled Medical Drug Reference 4.0 
                        was running on the computer. 
                        
                      The search also revealed a piece of paper on 
                        which a note was written to Baby. (Investigation has revealed 
                        that Carpenter refers to Brown as Baby.) In the upper 
                      right hand of the note are listed three types of prescription pills. 
                      The text of the note refers to making a male 
                        (him) take those pills. It then refers to 
                        positioning pillows beneath the male in a certain way. A different 
                        portion of the same piece of paper says to tell him not 
                        to fight or else for the next 14 hours he will be sexually 
                        assaulted. 
                        
                      The search also revealed another note, addressed 
                        to an unnamed person, which refers to a piece of meat being inserted 
                        in that persons anus. The note also refers to Davis 
                        engaging in sexual intercourse with you blindfolded on pills. 
                        There is also a note addressed to Baby that refers to 
                        duct tape in place. 
                        
                      The search further revealed a hand-drawn diagram 
                      depicting a person on a bed. 
                      There are notations that refer to pillows, 
                        tape all the way around, face down, the buttocks 
                        of the person raised app. 2 feet. Another note was found 
                        in the kitchen area addressed to baby, and states could 
                        cause serious damage-back to 3 sticking out and duct tape in 
                        place. 
                        
                      The search also revealed a five-page letter 
                        addressed Hey Baby. The letter is signed by Davie. 
                        In the letter, Davie describes seeing Babys 
                        little 10 year old blond whore at her bus stop in the 
                        morning. Davie graphically describes how he can envision 
                        Baby engaging in various sexual acts with her. 
                        
                      The search also revealed handwritten texts 
                        on a legal pad. In those texts, the writer describes a man making 
                        a fine crushed white powder from the small oddly 
                        purple colored pill. The writer describes him cutting the pill 
                        in ¼ sections so that he would have enough to do this 
                        again in 4 hours or so, if he needed (or wanted!). He then describes 
                        the man giving a nine year old girl a glass of milk with the pill 
                        powder mixed in. The writer then writes of the man laughing out loud 
                        knowing in 20 minutes the pill dust hed added would render 
                        her helpless and drunk
 He then describes in detail the 
                        man having the girl first masturbate and then perform oral sex on 
                        him. 
                        
                      Also found on the kitchen table was a receipt 
                        from the Price Cutter Food Warehouse dated September 26, 1999, at 
                        0307 hours. Items purchased on the receipt included tape 
                        for $3.18, Eckrich for $2.50, two cucumbers for $1.00 
                        and meat dept. for $2.61. A package containing one sausage 
                        was found in the refrigerator and was labeled Eckrich. 
                        The sausage found in the package was consistent in appearance with 
                        the sausage found in the bedroom. 
                        
                      A detailed interview was conducted at the Rogers 
                        Police Department with defendant Josh Brown on September 27th, 1999 
                        by Detective Sergeant Hayes Minor. Brown told Sgt. Minor that he and 
                        the victim had been sexually involved for approximately two months. 
                        Brown described the sexual acts as games and playing: 
                        with the victim. He said that the morning of the victims death, 
                        he had performed anal sex on the victim for the first time. In sex 
                        acts up until this point, Brown said his penis had never penetrated 
                        the victims anus. Brown told Sgt. Minor that on this occasion 
                        he used his fingers, his penis, a cucumber, a sausage, a banana and 
                        a douche bottle to anally penetrate the victim while the victim was 
                        immobile due to the bindings. 
                        
                      Brown was questioned about Carpenters 
                        involvement during the rape and told Sgt. Minor that Carpenter stood 
                        in the doorway of the bedroom, naked, and watched Brown and the victim 
                        while he (Carpenter) masturbated. Brown was also asked about the notes 
                        that were found in the residence. When asked about the note found 
                        in the kitchen addressed to Baby and stating Could 
                        cause serious damage-back to 3 sticking out and duct tape in 
                        place, Brown stated that as he was using the cucumber to penetrate 
                        the victims anus, Carpenter stood in the doorway trying to get 
                        his (Browns) attention without having to speak. When Brown walked 
                        to Carpenter, Carpenter showed him the note indicating that he should 
                        not put the entire cucumber in the victims anus as it may harm 
                        him. Brown stated he returned to the victim and duct taped the cucumber 
                        in place as it penetrated the victims anus approximately one 
                        half inch. 
                        
                      Brown was also shown the diagram that depicts 
                        a person bound to a bed, much the same way Brown described the victim. 
                        He stated that the drawing was completed by Carpenter on a much earlier 
                        date. When asked about Carpenters knowledge of Browns 
                        and the victims sexual activities, Brown stated that Carpenter 
                        had walked in on the two in the past. After that occasion, Brown stated 
                        that he and Carpenter talked about Carpenter watching as the victim 
                        and Brown participated in sexual acts. 
                        
                      Brown was also questioned about the receipt 
                        he found in the residence from the Price Cutter Food Warehouse dated 
                        September 26th, 1999, at 0307 hours. Brown told Sgt. Minor that Carpenter 
                        had gone to the store alone and purchased the items, some of which 
                        were used during the rape of the victim. 
                        
                      On September 27th, 1999, an autopsy was conducted 
                        on the victim by the Arkansas State Medical Examiner. Preliminary 
                        results of the autopsy indicate the victim died of positional 
                        asphyxia. 
                        
                      A check of Davis Carpenters prior record 
                        shows no known prior convictions at this time. During conversations 
                        held with Det. Sgt. Minor, Carpenter stated that he had lived in 26 
                      different states, and knew people in all 50 states. 
                      Carpenter apparently has limited family in 
                        Springdale, Arkansas, but has lived out of state on numerous occasions. 
                        Further investigation revealed that in the past two years, Carpenter 
                        and Brown have lived in at least three different states, including 
                        Florida. A records check of Joshua Brown reveals no known prior convictions. 
                        Joshua Brown also has no known ties to the Northwest Arkansas area. 
                        
                      Based on the seriousness of the offense, the 
                        substantial likelihood of conviction, the nature of the penalty that 
                        may be imposed, and the substantial risk of flight, the State joins 
                        me in requesting that the Defendants, Davis Don Carpenter, DOB:08-02-61, 
                        and Joshua Macave Brown, DOB: 6-7-77, be held without bond for the 
                        offenses of Capital Murder, Class Y Felony, Arkansas Code Annotated 
                        5-10-101; and Rape, Class Y Felony (6 COUNTS), Arkansas Code Annotated 
                      5-14-103. 
                      Det. Sgt. Terry Woodside 
                        Rogers Police Department 
                        212 West Elm Street 
                      Rogers, Arkansas 72756
                      STATE OF ARKANSAS 
                        COUNTY OF BENTON 
                        
                      Subscribed and sworn to before me this 27th 
                      day of September, 1999 
                      Kathryn McMath 
                      NOTARY PUBLIC 
                       
                      
                        Source: http://www.americansfortruth.com/affidavit.htm