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State v. Peek

5/3/2000

tely 9:30 a.m., your affiant interviewed a Mr. Timothy D. Knight, white male, date of birth being 7/13/70, who resides at 3910 6th Avenue. This residence is adjacent to the residence of [G.H.]. Mr. Knight relates that he is familiar with a black male named Michael Peak. He has known Mr. Peak for three to four years. On the evening of July 29, 1996, Mr. Knight relates that he ran into Michael Peak in the 4000 block of Rossville Boulevard, Chattanooga, Tennessee, at the Conoco Station. This occurred between the hours of 10:30 p.m. and 11:00 p.m. Mr. Knight relates that he gave Mr. Peak some cigarettes and drove away from the Conoco. Mr. Knight then drove back to his residence where he parked on the curb facing the [G.H.]' residence. A short time later, Michael Peak came walking by, headed north on 6th Avenue. Mr. Knight then invited Peak into the car, where the two shared a 12-pack of "Tall Boy" Budweisers over the course of the next several hours. Mr. Knight states that both he and Peak got out of the car at approximately 3:15 a.m., and he did not notice in which direction Peak headed. Mr. Knight went straight into his residence, where he noticed the digital alarm clock reflecting either 3:15 or 3:17 a.m. Mr. Knight's first clue that something had happened next door was hours later when Ms. [G.H.] awakened him to help report the rape to the police.


8) Consequently, your affiant spoke with Detective Tetzel Tillery, Officer Eyo Effiom, and Officer Charlie Brown, all of the Chattanooga Police Department. Each of the above-mentioned officers have known Michael Peak for several years primarily due to Peak's past employment as a "bouncer" at a bar once known as "Corkscrews and Confetti's". All of the above officers related that Michael Peak speaks with a "Northern" accent, prefers the company of white females, and is "high strung" and aggressive. He is also described as a black male, standing between 6'2" and 6'3" with a slight pot-belly.


9) As of the date of this Affidavit, there are several contemporary unsolved homicides involving black female victims in Chattanooga where sexual attack cannot be ruled out as a motive for, or a consequence of the deaths, which include but are not limited to the following: Barbara Douglas, March, 1993; Teresa Beard, June, 1993; Marianne Marsh, August, 1992; and Sandra Suttles, 1991.


10) TABLE OF SIMILARITIES BETWEEN EVENTS AND CIRCUMSTANCES:


1) oth attacks within one (1) mile of suspect's residence. G.H. 7/10 mile; K.T. 8/10 mile.


2) ictims - both white females - suspect known to date only white females.


3) Both victims live alone (K.T. with 4 year old daughter and one year old son, no adults).


4) Both early morning attacks. G.H. - 0400; K.T. - 0500.


5) Suspect forced entry through window (both unlocked).


6) Both victims awakened and blindfolded.


7) Suspect told both victims that he would kill them.


8) K.T. described "small knife". G.H. said something "possibly small knife". Both put to neck.


9) Both victims placed in position for "rear entry method of intercourse".


10) Anal sex: attempted with K.T. but could not enter. Told G.H. he was going to but she talked him out of it.


11) Bound: K.T. tied-up (hands and feet behind) with a cut cord from vacuum cleaner. Attempted same with G.H., using her shoe laces, but her arms were too short. Her hands were tied in front.


12) Accent. K.T. described "trace of Northern accent". G.H. described "proper, clear accent. Possibly Northern".


Wherefore as such officer, acting in performance of my duty, pray the Court issue a warrant a

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