LOCAL NEWS
Wrong wording may nullify search warrant in Dallas' Uptown burglary case
01:40 PM CDT on Monday, September 8, 2008
An editing error by a Dallas detective on a search warrant related to a recent string of high-profile Uptown-area burglaries will probably result in the warrant being tossed, officials said Friday. But officials do not believe the error will affect the cases.
Officials say Detective Mike Walton copied and pasted lines from a template for a sexual assault warrant, and mistakenly left some wording from the template in a July 25 affidavit that incorrectly implied that one of the burglary suspects had committed a sexual assault.
Detective Walton was seeking the warrant, which was approved by a judge, so that police could take a saliva sample from one of the Uptown burglary suspects.
Authorities say that although the warrant was executed and the saliva taken, it has not yet undergone DNA testing. Now, it's likely that a separate warrant will be issued to obtain another DNA sample.
Officials say this was the first DNA evidentiary warrant created by Detective Walton, who is president of the Dallas Fraternal Order of Police.
"This is a mistake that should not have been made, but it does not involve any criminal culpability," Police Chief David Kunkle said Friday.
Detective Walton characterized the incident as a "typo." He said he notified his supervisors as soon as he became aware of it.
"I didn't proof all that stuff out like I was supposed to," he said. "It's not my sergeant's fault. It's not my lieutenant's fault. It's not the judge's fault. It's Mike Walton's fault."
Dustin Kienzlen of Hurst and Damon Joseph West of Dallas were arrested but have not been formally charged yet in the burglaries. Mr. Kienzlen is being held in the Tarrant County jail on numerous counts, mostly related to property crimes. His bail totals $125,500. Mr. West is being held in the Dallas County jail on charges including assault, burglary and evading arrest. His bail is $528,015.
Police say they have recovered tens of thousands of dollars in stolen goods from apartments connected to the two men.
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