Elizabeth Stephanie Montez records (Nueces County Sheriff)

I have received your request for information on the murder investigation for Elizabeth Stephanie Montez. Due to the volume of records, (paper, CD/DVD, etc.) and possible exceptions contained in these records, I will be working with the Nueces County Attorney's Office to provide these records. Upon completion of copying these records a cost estimate will be provided to you for acceptance, we will keep you informed.
Regards,

Daniel T. Perez
Chief Deputy - Administration
Nueces County Sheriff's Office

The request has been forwarded from one agency to another agency or department for further review or follow up.

An interim response, stating the request is being processed.

Dear Sir or Madame:

The Nueces County Sheriff's Office is in receipt of your Public Information Act request. Please see the attached 10 Day letter regarding your request that was sent via CMRRR earlier today to you and the Attorney General's Office. The Nueces County Sheriff's Office wishes to withhold a portion of the requested information because the information falls within recognized exceptions to public disclosure. We are sending a portion of the requested records to the Attorney General for a ruling and will copy you on any further correspondence. Please let me know if you have any questions.

Sincerely,

Alexandra Fielder
Assistant County Attorney
Nueces County Attorney's Office
901 Leopard St., Room 207
Corpus Christi, Texas 78401
Phone: (361) 888-0391

[County seal May 2014]

THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521, AND IS LEGALLY PRIVILEGED. UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION IS STRICTLY PROHIBITED. THIS E-MAIL MAY ALSO BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE ATTORNEY WORK PRODUCT DOCTRINE OR OTHERWISE BE CONFIDENTIAL. ANY DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS UNAUTHORIZED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM IMMEDIATELY AND NOTIFY OUR OFFICE AT ONCE BY TELEPHONE AT (361) 888-0520. THANK YOU.

Dear Sir or Madame:

On June 21, 2022, the Nueces County Sheriff's Office received your Public Information Act request for the following:

"All publicly releasable records associated with the homicide investigation of Elizabeth Stephanie Montez, who died on or about October 21, 2017, including but not limited to:

* -Initial incident report, including crime scene notes and narrative description
* -Chronological record of events
* -Property and evidence log(s)
* -Arrest reports
* -Witness list
* -Autopsy report and any medical examiner notes
* -Interview notes from detectives who investigated the death, as well as any photos and videos included in the case file
* -Press releases and public communications regarding the case, such as flyers and electronic community outreach
* -Search warrant affidavits
* -Case summary
* -Charges recommended to prosecuting agency"

The Nueces County Courthouse was closed on July 4, 2022 in observance of Independence Day.

A portion of the responsive records consist of information that falls under exceptions to public disclosure. We are withholding this portion of the information and are sending a request to the Attorney General's Office for a ruling under separate cover.

Our office is in the process of preparing a cost estimate for this information. We will provide you with a cost estimate by July 13, 2022.

If you have any questions, please contact my office at (361) 888-0391 or at alexandra.fielder@nuecesco.com.

Sincerely,

Alexandra Fielder
Assistant County Attorney
Nueces County Attorney's Office
901 Leopard St., Room 207
Corpus Christi, Texas 78401
Phone: (361) 888-0391

[County seal May 2014]

THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521, AND IS LEGALLY PRIVILEGED. UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION IS STRICTLY PROHIBITED. THIS E-MAIL MAY ALSO BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE ATTORNEY WORK PRODUCT DOCTRINE OR OTHERWISE BE CONFIDENTIAL. ANY DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS UNAUTHORIZED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM IMMEDIATELY AND NOTIFY OUR OFFICE AT ONCE BY TELEPHONE AT (361) 888-0520. THANK YOU.

An interim response, stating the request is being processed.

To whom it may concern:

Please see the attached 15 day letter that was sent to the Attorney General's Office for a ruling regarding your request for information. The Nueces County Sheriff's Office wishes to withhold a portion of the requested information because the information falls within recognized exceptions to public disclosure. The Attorney General will issue a ruling to our office to release or withhold records to you. Please let me know if you have any questions.

Sincerely,

Alexandra Fielder
Assistant County Attorney
Nueces County Attorney's Office
901 Leopard St., Room 207
Corpus Christi, Texas 78401
Phone: (361) 888-0391

[County seal May 2014]

THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521, AND IS LEGALLY PRIVILEGED. UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION IS STRICTLY PROHIBITED. THIS E-MAIL MAY ALSO BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE ATTORNEY WORK PRODUCT DOCTRINE OR OTHERWISE BE CONFIDENTIAL. ANY DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS UNAUTHORIZED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM IMMEDIATELY AND NOTIFY OUR OFFICE AT ONCE BY TELEPHONE AT (361) 888-0520. THANK YOU.

Dear Sir or Madame:

On June 21, 2022, the Nueces County Sheriff's Office received your Public Information Act request for the following:

"All publicly releasable records associated with the homicide investigation of Elizabeth Stephanie Montez, who died on or about October 21, 2017, including but not limited to:

* -Initial incident report, including crime scene notes and narrative description
* -Chronological record of events
* -Property and evidence log(s)
* -Arrest reports
* -Witness list
* -Autopsy report and any medical examiner notes
* -Interview notes from detectives who investigated the death, as well as any photos and videos included in the case file
* -Press releases and public communications regarding the case, such as flyers and electronic community outreach
* -Search warrant affidavits
* -Case summary
* -Charges recommended to prosecuting agency"

The Nueces County Courthouse was closed on July 4, 2022 in observance of Independence Day.

A portion of the responsive records consist of information that falls under exceptions to public disclosure. We are withholding this portion of the information and are sending a request to the Attorney General's Office for a ruling under separate cover.

Our office is in the process of preparing a cost estimate for this information. We need additional time to prepare a cost estimate for your request due to the volume of responsive records. We will provide you with a cost estimate by July 27, 2022.

If you have any questions, please contact my office at (361) 888-0391 or at alexandra.fielder@nuecesco.com.

Sincerely,

Alexandra Fielder
Assistant County Attorney
Nueces County Attorney's Office
901 Leopard St., Room 207
Corpus Christi, Texas 78401
Phone: (361) 888-0391

[County seal May 2014]

THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521, AND IS LEGALLY PRIVILEGED. UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION IS STRICTLY PROHIBITED. THIS E-MAIL MAY ALSO BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE ATTORNEY WORK PRODUCT DOCTRINE OR OTHERWISE BE CONFIDENTIAL. ANY DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS UNAUTHORIZED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM IMMEDIATELY AND NOTIFY OUR OFFICE AT ONCE BY TELEPHONE AT (361) 888-0520. THANK YOU.

The request has been forwarded from one agency to another agency or department for further review or follow up.

Dear Sir or Madame:

On June 21, 2022, the Nueces County Sheriff's Office received your Public Information Act request for the following:

"All publicly releasable records associated with the homicide investigation of Elizabeth Stephanie Montez, who died on or about October 21, 2017, including but not limited to:

* -Initial incident report, including crime scene notes and narrative description
* -Chronological record of events
* -Property and evidence log(s)
* -Arrest reports
* -Witness list
* -Autopsy report and any medical examiner notes
* -Interview notes from detectives who investigated the death, as well as any photos and videos included in the case file
* -Press releases and public communications regarding the case, such as flyers and electronic community outreach
* -Search warrant affidavits
* -Case summary
* -Charges recommended to prosecuting agency"

The Nueces County Courthouse was closed on July 4, 2022 in observance of Independence Day.

A portion of the responsive records consist of information that falls under exceptions to public disclosure. We are withholding this portion of the information and are sending a request to the Attorney General's Office for a ruling under separate cover.

Our office previously informed you that we would prepare a cost estimate for the information responsive to your request for information. However, given the voluminous nature of the records and the necessity of withholding confidential information, our office has elected to prepare the cost estimate after the receipt of the Attorney General ruling. We believe that this will expedite the process as we are unsure of the labor time in performing redactions required by law.

Therefore, upon the receipt of the Attorney General ruling, our office will prepare a cost estimate for your information as promptly as possible.

If you have any questions, please contact my office at (361) 888-0391 or at alexandra.fielder@nuecesco.com.

Sincerely,

Alexandra Fielder
Assistant County Attorney
Nueces County Attorney's Office
901 Leopard St., Room 207
Corpus Christi, Texas 78401
Phone: (361) 888-0391

[County seal May 2014]

THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521, AND IS LEGALLY PRIVILEGED. UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION IS STRICTLY PROHIBITED. THIS E-MAIL MAY ALSO BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE ATTORNEY WORK PRODUCT DOCTRINE OR OTHERWISE BE CONFIDENTIAL. ANY DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS UNAUTHORIZED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM IMMEDIATELY AND NOTIFY OUR OFFICE AT ONCE BY TELEPHONE AT (361) 888-0520. THANK YOU.

The request has been forwarded from one agency to another agency or department for further review or follow up.

A fix is required to perfect the request.

Dear Sir or Madame:

On June 21, 2022, the Nueces County Sheriff's Office received your Public Information Act request for the following:

"All publicly releasable records associated with the homicide investigation of Elizabeth Stephanie Montez, who died on or about October 21, 2017, including but not limited to:

* -Initial incident report, including crime scene notes and narrative description
* -Chronological record of events
* -Property and evidence log(s)
* -Arrest reports
* -Witness list
* -Autopsy report and any medical examiner notes
* -Interview notes from detectives who investigated the death, as well as any photos and videos included in the case file
* -Press releases and public communications regarding the case, such as flyers and electronic community outreach
* -Search warrant affidavits
* -Case summary
* -Charges recommended to prosecuting agency"

On September 14, 2022, the Attorney General issued ruling OR2022-23262, received by our office on September 16, 2022, stating that the Nueces County Sheriff's Office need not release the body worn camera recordings at issue as the information was not properly requested pursuant to chapter 1701 of the Occupations Code. The sheriff's office must release the court-filed documents marked by the Attorney General pursuant to section 552.022(a)(17) of the Government Code. The Sheriff's office must withhold the information marked under 552.101 of the Government Code in conjunction with the MPA. The sheriff's office must withhold the individuals' names, addresses, and telephone numbers in the motor vehicle record information it received from DPS under section 552.101 in conjunction with sections 730.004 and 730.013. With the exception of marked information, the sheriff's office must withhold information pursuant to:

* Section552.101 of the Government Code in conjunction with section 11 of article 49.25 of the Code of Criminal Procedure.
* Section 552.101 of the Government Code in conjunction with section 411.083 of the Government Code and federal law.
* Section 552.101 of the Government Code in conjunction with section 411.153(a) of the Government Code
* Section 552.101 of the Government Code in conjunction with common-law privacy
* Section 552.101 of the Government Code in conjunction with constitutional privacy

Additionally, the Sheriff's Office may withhold the firearm serial numbers pursuant to section 552.108(b)(1). The Sheriff's Office must withhold the motor vehicle record information under section 552.130 of the Government Code. The Sheriff's Office must release the remaining information.

Per the Nueces County Sheriff's Office, there are 45 (45) DVDs and one (1) CD responsive to your request. Due to the volume of the responsive information, we are providing a list for your review. We note that there is some information not included on this list: 7/11 surveillance footage, Church's Chicken Surveillance footage, and a phone dump of cell records. We have so far been unable to make a copy of these responsive records. Please advise if you seek this information or if you wish to inspect the records in person.

The one (1) CD contains the full NCSO Murder Case no. 17003491. This CD includes all responsive reports and supplemental reports, affidavits, warrants, subpoenas, event chronology, autopsy report, Texas Department of Public Safety Crime Lab Submission Documents and reports, Corpus Christi Police Department Fired Bullet/Examination and comparison, and other miscellaneous documentation and records. These records will be redacted pursuant to the Attorney General ruling.

The listed DVDs responsive to the request are listed below. We have noted whether the DVD must be withheld or requires redactions for release.

1. DVD 1 - Autopsy Photos (redactions)
2. DVD 2 - X-rays from autopsy (withhold all)
3. DVD 3 - Crime Scene Photos (with redactions)
4. DVD 4- First Responders Photos
5. DVD 5 - Drone Photos Crime Scene
6. DVD 6 - Photos of Victim at Hospital
7. DVD 7 - 911 calls
8. DVD 8 - Video Statement Roya Farahnakian (redactions)
9. DVD 9 - Body Cam Video V. Garza (withhold all)
10. DVD 10 - Body Cam Video Jason Vead (withhold all)
11. DVD 11- Dash Cam Sgt. Martinez (redactions)
12. DVD 12 - Dash Cam Jason Vead (redactions)
13. DVD 13 - Photos and video of Weber square apt (redactions)
14. DVD 14 - Jetty Photos
15. DVD 15 - Photos of Recovery of fired casings
16. DVD 16 - Scene and evidence recovery
17. DVD 17 - Photos of Cedric Green's Cadillac, shell casings (redactions)
18. DVD 18 - Surveillance video Stripes and Toddy Shoppe
19. DVD 19 - Video Jace Monteague at crime scene pt.1
20. DVD 20 - Video Jace Monteague at crime scene pt.2
21. DVD 21 - CCTV video Weber manor apt pt. 1
22. DVD 22 - CCTV video Weber manor apt pt. 2
23. DVD 23 - Body Cam J. Rocha - tampering with witnesses (withhold)
24. DVD 24 - Body cam. J. Rocha David Rodriguez (withhold)
25. DVD 25 - Traffic Video Weber at Holly
26. DVD 26 - Photos taken by Sgt. Hardin of decedent at ME office (redactions)
27. DVD 27 -Photos of Jetty with Montange
28. DVD 28 - Photos of Jetty with Chloe Huehlefeld
29. DVD 29 - Photos of Crime Scene by St. Richardson (redactions)
30. DVD 30 - Photos of Victim's Apt.
31. DVD 31 - Video Statements - Chloe Huehlefeld (redactions)
32. DVD 32 - Video Statements - David Rodriguez (redactions)
33. DVD 33 -Video Statement - Jace Montange (redactions)
34. DVD 34 - Video Statement - Nathalie Casiano (redactions)
35. DVD 35 - Video statements Ashley Ayala, Cedric Green, Perez (redactions)
36. DVD 36 - Video Statements Elizondo, Davis-Green, Stricker, Cardona (redactions)
37. DVD 37 - Video Statements - Dorsey, Montes, Vega (redactions)
38. DVD 38 - Phone tolls from DEA Intelligence (redactions)
39. DVD 39 - Photos of cell phones (redactions)
40. DVD 40 - Buccal swabs videos
41. DVD 41 -Drone footage of dive team
42. DVD 42 - Video statement Jongema (redactions)
43. DVD 43 - Video statement - Randy Dorsey (redactions)
44. DVD 44- Randy Dorsey Photos
45. DVD 45 - Video Statement Huelefeld 11-5-2018 (redactions)

There are a total of forty (40) DVDs that may be released to you with redactions as indicated. DVD 2, 9, 10, 23, and 24 may be withheld in their entirety.

Per the Sheriff's Department, the following is a written itemized statement pursuant to Section 552.2615 of the Government Code for these records. The following charges apply:

DVDs 40 x $3.00/disc $120.00

CDs 1 x $1.00/disc $1.00

Labor 19.5 x hours x $15.00/hr $292.50

Overhead 20% x $292.50 $58.50
______________________________________________________________________
Total $ 472.00

Please be advised that the documents are also available for your inspection. You may view the information in person at our offices as a less costly alternative. If you choose to view the information in person, please provide us with three dates and times when it will be convenient for you to come.

Your request will be considered automatically withdrawn if you do not respond in writing to this itemized statement by informing my office within 10 business days after the date the statement is sent to you:

1. You will accept the estimated charges;
2. You are modifying your request in response to the itemized statement; or
3. You have sent to the attorney general a complaint alleging that you have been overcharged for being provided with a copy of the public information.

Please be advised that the documents are also available for your inspection. You may respond to this statement by delivering the response to my office by mail, in person, facsimile transmission, or electronic mail to Alexandra.fielder@nuecesco.com<mailto:Alexandra.fielder@nuecesco.com>.

Any check should be made out to "Nueces County".

Sincerely,

Alexandra Fielder
Assistant County Attorney
Nueces County Attorney's Office
901 Leopard St., Room 207
Corpus Christi, Texas 78401
Phone: (361) 888-0391

[County seal May 2014]

THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521, AND IS LEGALLY PRIVILEGED. UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION IS STRICTLY PROHIBITED. THIS E-MAIL MAY ALSO BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE ATTORNEY WORK PRODUCT DOCTRINE OR OTHERWISE BE CONFIDENTIAL. ANY DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS UNAUTHORIZED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM IMMEDIATELY AND NOTIFY OUR OFFICE AT ONCE BY TELEPHONE AT (361) 888-0520. THANK YOU.