Page 35 - TPA Journal July August 2023
P. 35

their hands up and get on the ground. Anthony told   individual named David Hogarth was acquainted
        Taylor to take whatever they wanted, but Taylor      with some of the suspects.  When Detective
        hit  Anthony and knocked him to the ground,          Mahoney went to the Palms to try to talk with
        knocking him unconscious. Appellant stomped on       Hogarth in person, he observed Hogarth standing
        Anthony’s head.  Then all four men repeatedly        with  Appellant.  Appellant quickly walked away
        kicked Tony’s head and hit his head with pistols     and Detective Mahoney asked Hogarth to come
        before dragging him around the floor. Appellant      with him to the San  Antonio police station.
        then kicked Sarah in the face, forced her down-      Hogarth was reluctant, but he agreed to go and
        stairs by her hair, and commanded her to open the    ultimately assisted in identifying the robbers
        cash register. It was empty.  Appellant then         based on the surveillance video screenshots.
        removed the shop’s safe that was located next to     Hogarth also told Mahoney that he, Trevino, and
        the cash register, placed it in a bag, and took it.  Taylor had gone to New Braunfels prior to the rob-
        Appellant again grabbed Sarah by the hair, walked    bery and that Trevino and Taylor had discussed the
        her halfway up the stairs, pointed the gun at her,   robbery during the trip. Hogarth admitted that he
        and told her not to look at them or move until they  was present during conversations in which Taylor,
        left or they would kill her. Anthony, Sarah, and     Robert,  Appellant, and  Trevino made plans to
        Tony’s wallets and cell phones were taken in the     commit a robbery and that  Appellant recruited
        robbery. Detective Richard Groff with New            McMichael to help. On the night of the offense,
        Braunfels Police Department (“NBPD”) observed        Hogarth saw McMichael,  Trevino,  Taylor, and
        the four suspects on the Timeless Ink surveillance   Appellant drive off in a white  Volvo.  When
        video. The surveillance footage showed four black    Hogarth was shown a photo from the surveillance
        men wearing masks and gloves and carrying hand-      footage of the masked man in the white hat,
        guns. One man, later identified as Appellant, was    Hogarth stated that he knew the man in the photo
        wearing a white hat, another was wearing a dark      was Appellant because Appellant always wore that
        shirt, the third individual was wearing shorts with  particular hat. When Hogarth was interviewed by
        a red stripe, and the fourth was wearing shorts      police, he informed Detective Mahoney that
        with a white stripe. The footage also captured a     Trevino had been telling Hogarth what to say to
        unique tattoo on one of the suspect’s arms which     police. When Trevino was interviewed by police,
        was identified at trial as belonging to McMichael.   he provided an alibi that Mahoney’s investigation
                                                             revealed to be false. Mahoney obtained a search
        Detective Groff tracked Tony and Sarah’s stolen      warrant for Hogarth’s phone that revealed text
        phones using the Find My iPhone application and      messages that confirmed Hogarth’s account.
        learned the phones were located in San Antonio at    Detective Mahoney obtained surveillance footage
        the Palms Apartments.   Detective Groff sent a       from other businesses near  Timeless Ink and
        message through the app asking for whoever           observed a white, box-shaped vehicle with a dis-
        found the phones to call him. Shortly thereafter, a  tinctive side blinker traveling in the vicinity short-
        woman named Rosa Garcia called Detective Groff       ly before the robbery.  Trevino’s white  Volvo
        and he went to the Palms to meet her. Rosa and her   matched the description of the vehicle Mahoney
        son had Sarah and Anthony’s cell phones. Rosa        observed in the footage. Detective Mahoney later
        told the detective she received the phones from      interviewed  Taylor regarding the  Timeless Ink
        “Tazz Ruffins.” Rosa showed Detective Groff          robbery. Taylor provided information to assist in
        “Tazz’s” Facebook page.  NBPD Detective John         the investigation, including identifying informa-
        Mahoney used the Facebook profile Detective          tion for the other suspects. Detective Mahoney
        Groff obtained for “Tazz,” and identified “Tazz”     obtained arrest warrants for the remaining sus-
        as Olanda  Taylor.3 Detective Mahoney learned        pects, including Appellant, who denied involve-
        Taylor lived at the Palms.  While speaking with      ment in the Timeless Ink robbery and claimed he
        sources at the Palms, Mahoney learned that an


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