FILED

ELECTRONICALLY FILED 2018 Sep 18 PM 12:02

CLERK OF THE SEDGWICK COUNTY DISTRICT COURT lUl8 OCT -11 P tr 52 CASE NUMBER: 2018-CR-002599-FE

~I:{lJlV~I:DI:4SI:D

STATE OF KA!$AS---------} ----­ Andrew Wayne Franklin ~Crl:} ss: WIM; DOB: XX-XX-1986 D

SEDGWICK COUNTY } SSN: XXX-XX-0352 LEO Case #: 201803533 KDR #: 3087 A1850882 KBI #: KS11241746

Affiant, Brady G Simmons, of lawful age, after first being duly sworn on oath, states:

Affiant is a Master Patrol Officer with the Haysville Police Department assigned to the

Investigations Section, and in that capacity was assigned to investigate a report of Murder in the First

Degree and Felony Child Abuse complaint that occurred on Sarah Lane inside of the city limits of

Haysville, Sedgwick County, Kansas, on or about September 8, 2018.

After reviewing all available reports and statements, affiant has learned the following:

On Saturday September 8, 2018 at 1:33pmm Officers Mark Mullin, Sky Chapman, and Sergeant

Malcolm Young responded to a medical call involving a four month old baby not breathing on Sarah

Lane, Haysville, Sedgwick County, Kansas. Upon arrival, officers found Sedgwick County Fire Squad

34 consisting of Firefighters Michael Torres and Wade McGuffey, working on the baby, BGF (4mos

W/F). BGF was on the floor, stiff and not moving. Sergeant Young was told by the father, Andrew

Wayne Franklin (32 WIM), that BGF had a seizure. He indicated that he was with BGF when this

happened. Sergeant Young saw something on Franklin's left hand and asked what it was. Franklin said it

was feces so Young told him to wash it off.

EMS unit 27 arrived and took BGF to the ambulance. Once inside the ambulance, Janessa

Dickson and Brian Leuci, the EMS workers, asked Sergeant Young to come in. They told him once

under the lights in the ambulance they could tell there was unequal pupil dilation. Sergeant Young asked

if that was consistent with a drop. EMS thought it was consistent with a shaken baby. Sergeant Young

contacted Detective Justin Helmke and Affiant to respond. Sergeant Young directed Officers Mullin and

Chapman to get photos of the apartment while he stayed with Franklin and his son, KAF (12 WIM).

BGF's mother, KRP (26 WIF), was there when Officer Mullin asked permission to take photos of the

apartment. KRP agreed and Officer Chapman took photos of the kitchen, living room, both bedrooms,

and the bathroom. He stated he bent over to take a photo under the futon in the living room and noted

the floor smelled strongly of feces.

Officer Mullin transported Franklin and Sergeant Young transported KAF to the station for

interviews with Affiant. Affiant arrived at the station and was briefed about the pupils, Franklin having

feces on his hand, and KAF being at the apartment when everything happened.

Affiant went and spoke to KAF first. Affiant asked what happened. KAF said he woke up around

8:00am. He started to play games on his PlayStation. Around 9:00am, he went and got a bowl of cereal

and went back into his room. Around 10;OOam, he came out of his room and took his cereal bowl back

into the kitchen. He saw BGF in her swing in the living room. He said she was acting normal and was

drinking formula from her bottle and she seemed fine.

KAF started playing Fortnight with a friend from school, PJK (12 81M), around 11 :OOam until

12:00pm. He stayed in his room until Franklin came in upset and told him BGF was not acting normal.

KAF went out in the living room and saw BGF was flat on her back. Her eyes were barely open and she

was not moving. He could see she was breathing fast as her stomach was going up and down rapidly.

KAF said he touched her to see if she was alright, and she made an abnormal murmuring sound and

slowly stretched her arms and legs out, then pulled them back. This happened several times. BGF was

not acting normal at all and had a blank stare to her face. She was not crying.

Affiant asked when KAF arrived at the apartment. KAF said he came to spend the weekend with

his father and arrived on Friday. September 7,2018 around 6:30pm. He said everything was normal and

there were no issues. BGF was babbling, moving, and acting normal. Neither Franklin nor KRP said

anything about poor health or other issues with BGF. Affiant asked KAF if FrankHn had been drinking.

KAF said the day before Franklin had some friends over, but he did not think he had been drinking that

morning. He said Franklin was watching TV, but that was all he knew. KAF was released.

Affiant was contacted by Detective Hehnke who was at the hospital and learned hospital staff

was starting to rule out medical reasons for BGF's health and was leaning towards suspicious causes.

Injuries were not specifically diagnosed at that time so Affiant moved forward with interviewing

Franklin.

Affiant introduced himself to Franklin. Affiant explained due to the nature of the case the

investigation had to proceed as a suspicious death until the exact cause was determined. Affiant

explained Miranda would be read.

After reading Miranda, Affiant filled out the interview sheet and when he asked Franklin his hair

color, Franklin joked it was brown or at least what was left of it and laughed. When Affiant asked about

2

RELEASED UNREDACTED

alcohol consumption, Franklin at first said none but later said he had a couple of beers between 11 :00

and II :30 that morning.

Affiant asked Franklin what happened that day. He said he got up around 7:00am because BGF

was crying. He took her from the crib out to the swing in the living room and gave her a bottle. He said

she did not take much of the bottle and fell asleep. He said he left her in the swing and watched ESPN.

Later on, BGF started to cry so he picked her up and noticed her diaper was full. He put her on the futon

in the living room, gave her a bottle, and went to get a diaper. He came back, put her on the floor and he

said her eyes rolled back into her head, her body got stiff and then shook. He said it was not like when

his two (2) year old son had seizures. He said he picked her up, her body and head were limp so he blew

in her face a couple of times with no reaction. He said he ran into KAF's room and told him something

was wrong with BGF.

Franklin said he went back to BGF and called KRP. He told her she needed to come home as

BGF was not acting normal. He said he then called his mother on Facebook video messaging and she

said not to call an ambulance but to take BGF to immediate care. Franklin said he then called KRP's

mother to telJ her what was going on, but KRP came home during the call and had him call 911.

Affiant started to go into details and asked how BGF was crying. Franklin said it was normal

crying. He said she would not take her bottle when she was crying. Franklin then said something about

Affiant knowing how babies acted. Affiant said he did not know as he did not have kids, and Franklin

said "lucky you" and then laughed.

Franklin said he was not normally there with BGF in the morning and thought her not eating was

abnormal, but not alanning. He said he put her in her swing, sat down and started to watch ESPN.

Franklin said BGF was starting to cry so he went and picked her up from the swing and noticed her

diaper was full. He said he put her on the futon and went to get a diaper, but then said he didn't get one.

He put her on the floor and opened the diaper. He then said that's when everything happened and "She

fucking shit all over my hand" and then laughed nervously. He said there was no poop in her diaper.

Franklin said BGF's eyes rolled back in her head and she went stiff and then started to shake.

Her eyes closed and when she finally opened them there was only a blank stare as if no one was home.

Franklin called KRP and told her to corne home as BGF was not normal. She told him to call 911 but

she said he thought it was a seizure and told her to just come home. He called his mother via Facebook

video messaging for her opinion. She said not to call 911, but to take her to immediate care right away.

He said he then called KRP's mother to tell her what was going on, but KRP walked in and told him to

3

RELEASED UNREDACTED

call 911. He misdialed twice but eventually called in. Affiant asked why he did not call 911 first and he

stated he was told when his son had seizures anything under fifteen minutes did not need EMS called.

Affiant asked at what point Franklin thought it might be more than a seizure. Franklin said when

he called his mother he thought it might be more than a seizure. He wanted to video call her so she could

see BGF and tell him what she thought.

Affiant asked if there was a past medical issue, Franklin said there was not. Affiant asked how

she was the day before, he said they took her to her doctor for her normal four (4) month checkup and

shots and the doctor said she was fine and only concerned about her growth rate. There was nothing to

be worried about.

Affiant stepped out and was informed Detective Hehnke had spoken to KRP. There was a fight

on Friday night over the care of BGF and Franklin threated to leave the relationship. Detective Hehnke

also said a bruise was forming on BGF's left jawline. Affiant went back in to talk to him about the fight

and his lack of help with the baby,

Affiant also asked about the fight. Franklin said BGF was crying after they went to bed and KRP

got up to get a bottle. He put the blanket behind BGF as she liked to sleep that way and she started to

scream. KRP came back in and asked what happened and he took it to mean she thought he did

something to BGF.

Affiant asked about the bruises that were forming on BGF's jaw. Franklin said there was a

couple there before from the car seat. Affiant told him that was not likely as Affiant was a car seat

installer and seats don't bruise kids. He said that was what people thought when they saw the bruises at a

party.

Franklin started to get upset and asked why Affiant was asking so many questions. Affiant told

him items needed to be ruled out as a cause for BGF's condition. Franklin said he did not do anything.

Affiant brought up how there was a fight the night before, BGF pooped on him, he admitted to

having a couple of beers. He asked what that had to do with anything and said "I drink plenty around my

kids, nothing happened." Affiant told him the medical reasons for BGF were being ruled out, he

admitted he was the only one with BGF, so things were not going to look good for him. He asked what

your Affiant meant. Affiant said his son was playing video games to which Franklin said "He was."

KRP was at work and he agreed. Affiant said, "On your watch, something happened." He said he did not

do anything and that he did not hurt BGF.

4

RELEASED UNREDACTED

Affiant asked if there was anything accidental that happened that could explain what was

happening with BGF. He said there was nothing. Affiant asked if she hit her head on the swing, on the

floor, or anything else and he said no. Affiant clarified with him about the delay in calling 911 was due

to the initial thought ofa seizure and he replied that calling an ambulance was a "waste of time."

Affiant then asked about going through his phone and went to get a consent to search fonn.

Affiant re-entered the room and had Franklin sign the consent. At 4:21 pm, Franklin signed the consent

and they went through call logs, text messages, and Facebook messages together. At 1: 15pm, Franklin

called KRP, then at 1 :18 he called his mother. Affiant was able to verify he used Facebook right after

that for the video message. At 1 :23, he called KRP and again at 1 :2Spm. At 1 :2Spm, he called KRP's

mother. At 1 :28pm, there were two error calls to 911 and another call that went through.

Lieutenant Kevin Sexton entered the interview room and explained the injuries to BGF were

trauma related and not consistent with a seizure, Franklin still said he did not do anything. Affiant told

him his brother was a doctor and information helped medical cases so if there was anything he needed to

tell them that could help treat his daughter, they needed to know. Franklin said he did not do anything.

Affiant ended the interview at 5 :OSpm and told him he was free to go, but he could not go to the hospital

as BGF was in police protective custody.

Around 7:00pm, Detective Hehnke returned from the hospital. He said Dr. Kerri Weeks, the

Director of the Division of Child Abuse and Neglect for Wesley Children's Hospital, advised BGF's

medical issues were a result of non-accidental trauma. Dr. Weeks was still consulting with other medical

staff in the Pediatric Intensive Care (PIC) Unit for BGF's prognosis.

On Sunday, September 9, 2018, Dr. Weeks called the station and informed Sargent Randy

Nowak that BGF would not survive her injuries and they had started to reduce care per medical protocol.

On Monday. September 10,2018, Detective Hehnke went back to the hospital to speak with Dr.

Weeks since she determined the injuries were non-survivable. Dr. Weeks said the hospital would be

progressing towards running the evaluations for cessation of brain activity.

Affiant went to the Derby Middle School to speak to PJK about KAF's online gaming. Affiant

asked PJK if he had been online with KAF on Saturday, September 8, 2018. PJK said he was playing

Fortnight with KAF between 11 :OOam and 12:00pm on Saturday. They were in a two player only feature

of the game. PlK said he was talking to KAF through the game. He did not hear any crying or other

sounds in the background.

5

RELEASED UNREDACTED

Around 4:00pm that same day, Affiant went to the New Medical Health Care office located at

2131 South Ridge Road in Wichita where BGF saw her pediatrician, Dr. Roger Unruh. Affiant retrieved

the medical records for BGF. There were no notes or comments expressing anything about concerns for

seizure or other medical conditions. BGF was last seen on Friday September 7,2018 by Dr. Unruh for a

four (4) month old checkup and shots. There were no health issues noted at that time.

At ] :OOpm, Affiant, Lieutenant Sexton and Detective Hehnke went to a CARE Team meeting at

Wesley Medical Center in regards to BGF. Dr. Weeks provided her report of her consult. She listed her

impressions and assessments as of September 10, 2018:

Child Physical Abuse

Direct brain injury as evidenced by diffuse cerebral edema and altered mental status

Right skull fracture

Extensive subdural hemorrhage right convexity, the falx, tentorium

Subarachnoid hemorrhage right frontal

Intraparenchymal hemorrhage right temporal

Retinal hemorrhages, bilateral, multilayered (pre retinal and intra retinal)

Bruising to the left jawline in a non-mobile child

Dr. Weeks impressions were based on consults with the radiologist who did an initial basement

on September 8, 2018, but upon further review, determined a right linear occipital skull fracture was

visualized and reported, and the ophthalmologist who observed the retinal hemorrhages on September 9,

20] 8. Dr. Weeks further discusses in her report "The specific pattern of intracranial hemorrhage, retinal

hemorrhage, and brain swelling, are characteristic of violent infant shaking and/or a forceful rotational

slam of the infant's head onto a surface. Sadly, these injuries are not survivable."

After the meeting, it was determined a search warrant needed to be sought to collect items from

the apartment. Officer Jessica Starnes went and sat in the stairway of the complex that led to Apartment

D-9 while Affiant prepared and obtained a search warrant. The search warrant was granted at 5 :06pm

and subsequently served at 5 :45pm the same day.

Affiant took photographs of the apartment and diagramed the entire apartment. Affiant seized a

PlayStation 4 serial number MB733056626 from the boy's bedroom. Five (5) used baby bottles were

seized from the master bedroom that included two (2) from the baby crib located in the room. A sixth

bottle was seized from the coffee table in the living room. Swabs were obtained from a brown stain in

the bathtub, a brown stain from the outside of the bathroom door, and a brown stain from the living

6

RELEASED UNREDACTED

room carpet. A "Jolumy Jumper" bouncy seat and a Fisher-Price brand portable infant swing were seized

from the living room along with a multi-colored blanket that was on the swing were also seized. An

open container of Similac infant fonnula powder was seized from the kitchen. The apartment was

released at 6:45pm.

On Wednesday September 12, 2018, Dr. Weeks infonned Detective Hehnke that the first brain

activity evaluation had been done on BOF. The result of that evaluation was a failure meaning a

negative for brain activity. There had to be a second evaluation perfonned at least twelve hours later to

con finn no brain activity.

On Thursday, September 13, 2018, medical staff from Wesley Children's Hospital called to

advise the second evaluation for brain activity was perfonned that morning on BGF. It was also negative

with no brain activity. They declared the medical time of death at 9:08am.

At 1O:27pm, Wichita Children's Hospital staff notified Detective Hehnke that the family and

medical staff decided to withdraw all care and KRP denied organ donation. BOF fully died in the early

morning hours ofSeptember 14,2018.

On Friday September 14, 2018, Dr. Scott Kipper, a Medical Examiner with Sedgwick County,

perfonned the autopsy on BGF. His preliminary findings found blunt force injuries of the head as

determined by contusions on the left forehead and a subscapular hematoma, a contusion on the right

eyelid, a contusion of the right occipital scalp and an underlying fraction of the occipital bone, diffuse

subdural hemorrhage surrounding the brain and spinal cord, and pronounced cerebral edema.

FURTHER AFFIANT SAITH NOT.

INV R BRADY G. SIMMONS, AFFIANT

SUBSCRIBED AND SWORN to me tbis ~day of ~ ,2018.

cks

NOTARY puauc -State of Kansas CHERYLSC F.

""'=-:.:;.J-.... My Appt Expires

7