Affidavit of Probable Cause Case of Commonwealth vs Jamie Silvonek

AFFIDAVIT OF PROBABLE CAUSE

AFFIDAVIT OF PROBABLE CAUSE

On Sunday, March 15, 2015 at 0415 hours, officers were dispatched to a report of a dark colored suspicious vehicle with a large volume of blood in the interior in the vicinity of 5702 Haasadahl Road Orefield, Lehigh County, Pennsylvania.

Officers from the South Whitehall Township Police Department arrived on location at 5702 Haasadahl Road, where no vehicle was located. Officers did observe a ground disturbance with loosely packed dirt and snow in a wooded area abutting the Jordan Creek and across the roadway from 5702 Haasadahl Road.At 0555 hours, Lt. Sorrentino determined that a human body (later identified as Cheryl Silvonek of 1516 Randi Lane, Orefield, Pennsylvania) was buried under the above mentioned ground disturbance and was deceased.

Notifications were made to the Lehigh County Coroner's Office and Lehigh County District Attorney's Office in reference to a death investigation and appropriate personnel responded.

At approximately 0713 hours officers located a green in color 2007 Ford Freestyle bearing PA registration GTF7291 in the area of Applewood Road and Huckleberry Road a short distance from the Hassadahl location. The vehicle had been driven off the road and was partially obscured by vegetation near a pond. The vehicle matched the description of the vehicle observed earlier in the vicinity of 5702 Haasadahl Road. Officers viewed what appeared to be a large volume of blood in the vehicles interior. A registration check of the vehicle showed it was registered to David Silvonek, of 1516 Randi Lane Orefield, Pennsylvania, the husband of the deceased Cheryl Silvonek.Officers responded to the residence at 1516 Randi Lane at 0807 hours and made contact with three occupants: David Silvonek, Jamie Silvonek (14 years of age, the daughter of Cheryl and David Silvonek), and Caleb Barnes (20 years of age). Jamie Silvonek was discovered by police naked in bed with Caleb Barnes in an upstairs bedroom.

Jamie Silvonek told responding police officers that her mother had dropped her off at the house late on the evening of March 14, 2015 after attending a concert. Her mother then left the home to go to the grocery store. She indicated that was the last time she had seen or communicated with her mother.The above named occupants of the residence voluntarily agreed to accompany officers and were transported to the South Whitehall Township Police Department for interviews.Caleb Barnes, in a recorded interview, told detectives that he drove his silver Chevrolet Camaro from Maryland to 1516 Randi Lane Orefield, Pennsylvania arriving in the early afternoon of March 14, 2015. He stated that Cheryl Silvonek drove Jamie Silvonek and him to a Breaking Benjamin concert that evening in the Silvoneks 2007 Ford Freestyle. The concert was held at a Hilton Hotel in Scranton. Barnes stated that upon arriving back at 1516 Randi Lane he stabbed Cheryl Silvonek in the neck causing her death. This occurred while Jamie was in the rear seat of the green 2007 Ford Freestyle vehicle and while it was parked in the driveway of 1516 Randi Lane. Jamie Silvonek in a recorded interview and after having an opportunity to speak with her grandmother who was present at police headquarters, initially denied any knowledge of her mothers death or whereabouts. She reiterated to detectives that her mother had left their home to buy groceries early Sunday morning March 15, 2015.

In the same recorded interview, Jamie Silvonek recanted her earlier statement and told detectives that she was aware of the location of her mothers (Cheryl Silvonek) body. She also said that she was present when Caleb Barnes stabbed her mother while in the green Ford Freestyle causing her death while parked in the driveway of their home after returning from a concert. She also stated that she accompanied Barnes to the Trexlertown Walmart to purchase various cleaning supplies following the stabbing, and that she then drove with Barnes to an area on Haasadahl road to bury her mothers body. Afterwards, she said that she drove with Barnes in her mothers Ford Freestyle back to her home where the two poured bleach into the interior of the Ford Freestyle. She said she then drove with Barnes in the Ford Freestyle to an area near Applewood Road where they abandoned the vehicle near a pond and then walked together back to her home at 1516 Randi Lane.

An examination of Jamie Silvoneks hands at the time of her interview showed multiple small abrasions on the fingers of both hands, a small cut on her right hand and a broken acrylic fingernail.

In the hours and days following the death of Cheryl Silvonek police collected, processed, and reviewed evidence as well as performed additional interviews. The investigation has determined that Jamie Silvonek met Caleb Barnes at the Self Help Concert in Philadelphia, on or about, October 2, 2014. Jamie Silvonek told Caleb Barnes that she was 17 years of age. She communicated daily with Barnes via voice, text, and social media in the months following October 2, 2014. Barnes met Jamie Silvonek in person on several occasions in the Jim Thorpe area while Jamie Silvonek was visiting family.

Barnes met Jamies mother, Cheryl Silvonek, for the first time Friday March 6, 2015. Cheryl Silvonek learned that Caleb Barnes was 20 years of age and instructed her daughter and Barnes to end the relationship. Barnes returned to Fort Meade, Maryland on Saturday March 7, 2015.

Juvenile witness #1 (whose identity is known to these affiants ) was present in a room at 1516 Randi Lane with Jamie Silvonek during a cellular phone conversation between Jamie Silvonek and Caleb Barnes in the late evening of March 7, 2015. Juvenile witness #1 overheard Jamie Silvonek suggest a plan to Caleb Barnes to kill Silvoneks parents. The plan involved luring her parents away from the Silvonek house to a place where Barnes could kill them and then rejoin with Jamie Silvonek to dispose of the bodies. The conversation included a discussion of life insurance proceeds from Silvoneks father and who would gain custody of Jamie Silvonek if her parents were killed.

Prior to March 14, 2015, Caleb Barnes purchased two tickets for the Breaking Benjamin Concert being held at the Hilton in Scranton, Pennsylvania. The concert was scheduled for 2030 hours on March 14, 2015. Caleb Barnes departed the Fort Meade Maryland area for Jamie Silvoneks home at 1516 Randi Lane, Orefield, Pennsylvania in the morning of March 14, 2015.

Jamie Silvonek, who is an eighth grade student, took the SAT tests in the morning on March 14, 2015.

On March 14, 2015 at 1105, Cheryl Silvonek called Caleb Barnes on his cellular phone. The conversation lasted 3 minutes and 46 seconds. Following this conversation a forensic review of Cheryl Silvoneks, Jamie Silvoneks and Barnes cellular phones seized with consent and the content of associated carrier phone records provided the following SMS texts messages that occurred on March 14, 2015 beginning at 1112 hours:

11:12 AM CALEB BARNES TO JAMIE SILVONEK

YOU NEED TO CALL ME ASAP

12:45 PM JAMIE SILVONEKTO CALEB BARNES

Voice Contact: 2 minutes 14 seconds

12:59 PM JAMIE SILVONEK TO CALEB BARNES Voice Contact: 3 minutes 40 seconds

1:03 PM JAMIE SILVONEK TO CHERYL SILVONEK He'll be here soon (:

1:04 PM JAMIE SILVONEKTO CHERYL SILVONEK We're just going to hang out until later

1:05 PM JAMIE SILVONEK TO CALEB BARNES

Caleb if she asks about your age say 16 and a half again, and that

the reason you said 20 is you are used to lying about it to fellow soldiers in the army to


avoid harassment so when you're in stressful scenarios it just

comes out


I told her we're bringing [NAME REDACTED] (go with it, not

actually happening)

1:06 PM CHERYL SILVONTO JAMIE SILVONEK

No. You are not going with him


But don't come over until I text you it's okay, alright?

1:07 PM JAMIE SILVONEK TO CHERYL SILVONEK Mom if I can't I'm going to have a mental breakdown

1:07 PM JAMIE SILVONEK TO CHERYL SILVONEK It will be fine

1:07 PM JAMIE SILVONEK TO CHERYL SILVONEK I need this

1:09 PM CHERYL SILVON TO JAMIE SILVONEK

If you want to see that concert I am taking you. You can meet him there

1:09 PM JAMIE SILVONEK TO CHERYL SILVONEK But he and I are hanging out at my house

1:09 PM JAMIE SILVONEK TO CHERYL SILVONEK And I won't be alone in the car with him

1:10 PMJAMIE SILVONEK TO CHERYL SILVONEKI need to go and I need to be with my friends. I feel so desolate mother

1:10 PM JAMIE SILVONEKTO CHERYL SILVONEKMy excitement for this has been the only thing getting me through

1:11 PM CALEB BARNES TO JAMIE SILVONEK

You should have told me, she asked if I was taking anyone else and I said Josh

1:11 PM CHERYL SILVONEK TO JAMIE SILVONEK

He is not coming to this house

1:12 PM CHERYL SILVONEK TO JAMIE SILVONEK

No


Tell her that we were taking [NAME REDACTED] but she couldn't go so Josh is

coming 1:28 PM JAMIE SILVONEK TO CALEB BARNES

Caleb, she wants me to call you so she can talk to her. Say that Josh was

going to come but there was a change of plans andwe're going to pick up [NAME REDACTED]


tonight and take her. Tell her your mom mailed you your birth certificate

earlier last week from Argentina so when it arrives you can prove to her that you're


16. Say that your FaceBook information regarding when you graduated high

school and your ageis fabricated, so on and so forth.


She needs to go, Caleb. Right now. You don't understand

1:29 PM CALEB BARNESTO JAMIE SILVONEK

This is ridiculous

1:29 PM CALEB BARNESTO JAMIE SILVONEK

Fine, have her call me


I FUCKING KNOW


I don't know what her problem is


She threatened to throw me out of the house. I want her gone


Missed Call


Okay, I will. Please don't mess this up

1:33 PM JAMIE SILVONEK TO CHERYL SILVONEK (831) 277{XXXX NUMBER REDACTED]1:37 PM CHERYL SILVONEK TO CALEB BARNES



Ignore her


Just get out of the house and come see me


just talked to her again and now her response is "she doesn't

know yet"


I just need to you be able to come over so we can do whatever necessary,

honestly


Baby, I need to see you

1:55 PM JAMIE SILVONETO CALEB BARNES

BABY YOU CSN COME OVER


She's still pissed but you can come, so it's fine


She said she might ask you for your ID, which I doubt as it was a bluff, but if

she does just say that it fell in the car somewhere and you can't find itA forensic review of Jamie Silvoneks and Barnes cellular phones and the content of associated carrier phone records provided the following SMS texts messages The messages are between Jamie Silvonek and Caleb Barnes only. The initial message sent from Barnes to Jamie Silvonek indicates that he arrived at 1516 Randi Lane at 1359 hours on March 14, 2014: Im outside

1:59 PM CALEB BARNES

I'm outside

2:00 PM JAMIE SILVONEK Hold on

2:01 PM JAMIE SILVONEK My mom's outside, so I'm waiting until she comes back in so I can hug you


I know, I saw her

2:02 PM JAMIE SILVONEK Actually, I take that back. I'm coming out but don't touch me or anything until we get in

my basement

2:02 PM JAMIE SILVONEK Wait, I don't see your car


Just come outside

2:04 PM JAMIE SILVONEK Where even are you?

2:04 PM JAMIE SILVONEK Don't do anything, okay?


You can see me from your garage door

2:05 PM JAMIE SILVONEK Tell me where you are

2:06 PMCALEB BARNES

Oh my god, just come outside. I promise I'm here

2:07 PM JAMIE SILVONEK I'm waiting for her.

2:07 PM JAMIE SILVONEK Okay, I'm by my garage

A break in cellular communication between Caleb Barnes and Jamie Silvonek occurs between 1407 hours and 1627 hours. In a recorded interview with detectives referenced above, Jamie Silvonek indicated that her mother Cheryl Silvonek and Caleb Barnes had a discussion in her home where her mother attempted to convince Caleb Barnes that her daughter Jamie was 14 years of age and not 17 years of age as Jamie told him. In her recorded statement, Jamie Silvonek indicated that her mother showed Caleb Barnes Jamie Silvoneks passport as proof of her age.

At 1425 hours Cheryl Silvonek texted David Silvonek who was at work Jamie's friend got some.tickets to breaking benjamin acoustic concert tonight in scranton. I am going to take them up. Will prob leave before you get home. Eat the rest.of tuna noodle casserole.

At 1434 Jamie Silvonek texted her father Hey daddy what time do you get home from work? Maybe we can go to the gym[.]

A forensic review of Jamie Silvoneks and Barnes cellular phones and the content of associated carrier phone records provided the following SMS texts messages which were deleted from both handsets. The messages are between Jamie Silvonek and Caleb Barnes only with the sender listed.

4:27 PMJAMIE SILVONEK I'm going to go to the bathroom while you do it okay

4:27 PM JAMIE SILVONEK I'll come right out as soon as you're done

4:42 PM JAMIE SILVONEK Why don't we wait until we get in the car with her?


Fine

4:43 PM JAMIE SILVONEK That would be easier for you

4:43 PM JAMIE SILVONEK I would guess

5:13 PM JAMIE SILVONEK Caleb

5:14 PM JAMIE SILVONEK Caleb leave the age thing alone

5:14 PM JAMIE SILVONEK Just do it

5:14 PM JAMIE SILVONEK CALEB

5:15 PM JAMIE SILVONEK Caleb...

5:15 PM JAMIE SILVONEK Seriously....

5:15 PM JAMIE SILVONEK What are you doing?

5:15 PM JAMIE SILVONEK CALEB

5:16 PM JAMIE SILVONEK I'M SERIOUS

5:16 PM JAMIE SILVONEK She's lying

5:16 PM JAMIE SILVONEK Please do it, I'm going to throw up

5:16 PM JAMIE SILVONEK I can't stand her lying to you like this

5:17 PM JAMIE SILVONEK CALEB RESPOND TO ME


We'll talk later

5:17 PM JAMIE SILVONEK What the actual fuck?

5:18 PM JAMIE SILVONEK SHE'S LYING ABOUT MY AGE

5:18 PM JAMIE SILVONEK JUST DO IG

5:18 PM JAMIE SILVONEK Voice Contact: 2 minutes 18 seconds

5:21 PM JAMIE SILVONEK Caleb I'm about to cry5:21 PM JAMIE SILVONEK What is going on?

5:21 PM JAMIE SILVONEK Please don't leave


She's out here with me

5:21 PM JAMIE SILVONEK DO SOMETHING PLEASE

5:21 PM JAMIE SILVONEK Caleb....

5:21 PM JAMIE SILVONEK Voice Contact: 13 seconds

5:22 PM JAMIE SILVONEK I'm trusting you


There's no way she could fake a passport




5:33 PM JAMIE SILVONEK Caleb?



Baby



I love you

5:35 PM JAMIE SILVONEK Where are you?

5:36 PM JAMIE SILVONEK Come in the basement

5:36 PM JAMIE SILVONEK I need to talk to you

At 1756 hours on March 14, 2015 the Silvoneks green Ford Freestyle entered the Lehigh Valley Pennsylvania Turnpike toll plaza traveling north to Scranton to attend the Breaking Benjamin concert. The toll plaza is approximately 2 miles from 1516 Randi Lane.5:56 PM CALEB BARNES

Next time we're out of sight

5:57 PM JAMIE SILVONEK Okay, baby.

5:57 PM JAMIE SILVONEK I love you. We can do this

5:58 PM JAMIE SILVONEK We'll just drive her car then, right?


No. That leaves us as the suspects

5:59 PM JAMIE SILVONEK Then what will we do?


Five back and get mine


Drive*

6:00 PM JAMIE SILVONEK Damn, I thought we were going to six back

6:02 PM JAMIE SILVONEK We can just drive hers, we will have to

6:05 PM JAMIE SILVONEK

I want her to shut her fucking face and stop being fake.

6:05 PM JAMIE SILVONEK She just goddamn lied to you about my age and now she's

pulling thisCheryl Silvonek, Jamie Silvonek, and Caleb Barnes exited the Pennsylvania Turnpike Wyoming Valley toll plaza at 1841 hours on March 14, 2015.

Video footage obtained from the concert venue at the Scranton Hilton shows Jamie Silvonek and Barnes enter the concert at 2032 hours and depart the concert at 2224 hours. Additional footage shows Cheryl Silvonek in the lobby area of the Scranton Hilton during this timeframe.

Cheryl Silvoneks Ford Freestyle entered the Pennsylvania Turnpike Wyoming Valley toll plaza at 2303 hours and departed the Lehigh Valley Pennsylvania Turnpike Toll Plaza at 2358 hours.

Video footage obtained from Chris Family Restaurant 5635 Tilghman Street, Allentown shows Jamie Silvonek and Caleb Barnes enter at 0002 hours eat a meal and exit at 0047 hours. (Chris Diner is 1.5 miles from 1516 Randi Lane). Cheryl Silvonek is not seen in the video. In her recorded interview Jamie Silvonek indicated that her mother remained in the car while she ate in the diner with Caleb Barnes. No video of the parking area exists.

Neighbors report seeing a Silver Chevrolet Camaro parked in front of 1516 Randi Lane on the evening of March 14, 2015. At approximately 0100 hours multiple neighbors hear a car horn blowing intermittently from a vehicle parked in the driveway of 1516 Randi Lane. Neighbors report that this activity lasted approximately 20-30 minutes. One neighbor reports seeing Jamie Silvonek walk unaccompanied from the vehicle into the garage at approximately 0135 hours.

Video footage obtained from the Walmart located at 1091 Mill Creek Road, Allentown Pennsylvania shows Jamie Silvonek and Barnes arrive in a Silver Chevrolet Camaro walk together and enter the store at 0208 hours. At no time does Jamie Silvonek appear to be under duress or coercion. Jamie Silvonek is observed physically directing Caleb Barnes by reaching out to grab his arm inside the Walmart. Silvonek and Barnes purchased multiple items including gloves, bleach, rubbing alcohol, a box cutter, and a file. Just prior to leaving, Silvonek can be seen flipping up the hood of Barnes sweatshirt over his head as they exit the store at 0231 hours. Silvonek and Barnes reenter the Silver Chevrolet Camaro and depart.

The body discovered in the vicinity of 5700 Haasadahl Road is identified as Cheryl Silvonek. The Lehigh County Coroner confirmed there were multiple stab wounds to Cheryl Silvoneks neck and ruled her death a homicide. An autopsy performed on March 16, 2015 concluded Cheryl Silvonek had contusions, abrasions, and sharp force injuries to the head, neck, torso, and extremities.

Affidavit of Probable Cause Case of Commonwealth vs Jamie Silvonek

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Transcript of Affidavit of Probable Cause Case of Commonwealth vs Jamie Silvonek