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CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017

STATE OF INDIANA IN THE MARION SUPERIOR COURT


MARION COUNTY, 55: CRIMINAL DIVISION

Cause No: 49603


STATE OF INDIANA
INFORMATION
VS.
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COUNTI
MURDER
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Cody Weir AFELONY
W/Male
DOB 6/29/1992

On this date, the undersigned came before the Prosecuting Attorney of the Nineteenth Judicial
Circuit and, being duly sworn (or having affirmed), stated that in Marion County, Indiana

COUNTI

On or about October 13, 201 7, Cody Weir did knowingly kill another human being, towit:

Carina Rodriguez;

all of which is contrary to statute and against the peace and dignity of the State of Indiana.

Iswear or affirm under penalty of perjury as specified by LC. 3544.121 that the foregoing
representations are true.

/s/ Jeremy Teipen October 16 2017


Affiant Date

TERRY R. CURRY
Marion County Prosecutor
State's Witnesses: 19th Judicial Circuit
Torres, Jose 20178 IMPD
Kepler, Daniel K8718 IMPD
Hamer, Fred H8802 IMPD /s/Jerem Tei en
Faulkner, Richard F3456 IMPD Deputy Prosecuting Attorney
Schellhaass, Kaylee MCCL
Toth, Donald MCCL
Hawkins, Samantha MCCL
Suarez, Jennifer MCCO
Dr. Mirfrida Geller
CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017
CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017

AFFIDAVIT
FOR PROBABLE CAUSE
STATE OF INDIANA, COUNTY OF MARION, SS:

Detective Jose A. Torres swears (afrms) that:

9l1 Street in
Friday October 13, 2017, at approximately 6:25AM, ofcers responded to W.
the gym of the 9 on Canal apartment building, reference a person down inside the gym, When

ofcers and medics arrived they found a female, later identied as Carina Rodriguez, lying on
the oor unresponsive and a large amount of blood on the oor. Ofcers secured the scene and

medics pronounced Rodriguez dead on the scene, Ofcers spoke to and

, who live in the building, and found Rodriguez in the gym.

Friday October 13, 2017, I responded to the scene and requested a coroner to the scene. When
Deputy Coroner Jennifer Suarez on the scene she began inspecting the body, when she noticed
there was a laceration to the back of Rodriguezs neck, but we were unsure if the injury occurred
by falling or if by another person, While in the building and gym I noticed there were several
cameras, and eventually I met with who is the Director of Operations in the
building. had access to the surveillance system and we reviewed the Video of the gym,
While watching the Video it showed Rodriguez in the gym by herselfat 2:44: 6AM, at 1

2:44:48AM a male with a hooded sweat jacket approaches the locked door to the gym. and
Rodriquez opens the door to let the male in the gym. When the male enters the gym, he has the
hood covering his head, he drinks from the water fountain, and while Rodriguez continues to
work-out. When Rodriguez walked past the male toward the widow of the gym at 2:45:34AM,
the male pulls something out of his waistband, and strikes Rodriguez causing her to fall to the
ground. The male continued towards Rodriguez while she was on the ground, there was a short

struggle, and the male ran out of the gym at 2:45:48AM. After the male leaves, Rodriguez
stands up, staggers toward her bag, pulls out an I-Pad attempting to use it, continues staggering

around until she eventually falls to the ground unresponsive at 2:49:36AM. Crime Scene
I swear (afrm). under penalty of perjmy as specified by [C 3544.121, that the foregoing representations are rule.

/5/ Jose A Torres

AFFIANT

DATED: October 16. 2017


CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017

Afdavit for Probable Cause

From: Detective Jose A. Torres

Specialists Shandra Clawson, Donald Toth, and Christine Ondek responded and processed the

scene, collecting several items of evidence.

Friday October 13, 2017, I interviewed and , Both have been


living in the building since July of 2017 and are roommates. walked up to
the gym door when they noticed a body on the oor but since the lights were off, time sensor

lights, they were not sure if the person on the oor was intoxicated or injured. called 911
and told dispatch of the situation, and he was told police and medics were on their way, and for

to enter the gym to check on the person. When they entered the gym, the lights were
activated and they could see the blood. and attempted to perform CPR but
realized the person was already deceased. They stayed with the body until police and medics
arrived.

Friday October 13, 2017, after downloading all the footage of the surveillance cameras in and
near the gym, Detective Kepler and I reviewed the footage, At 2:38:26AM the camera facing the
parking lot showed a light-colored Pontiac Grand Prix parking in the handicap parking spot in
front ofthe door near the main entrance. A white male matching the clothing of the person seen
in the footage from the gym exited the vehicle and entered the building, At 2:39:37AM the
white male enters the main lobby near the gym entrance, The white male does not have the hood
up on the sweat jacket, which has a Batman symbol on the front of the jacket, and the footage

shows the white males face. The white male approaches the door of the gym looks inside and
begins walking toward another door for the parking garage, At 2:39:54AM the white male walks

into the parking garage of the apartment building, After walking through the parking garage and

back outside of the building, the white male re-enters the same entrance near the gym at

2:44: 12AM. The white male walks along the wall of the lobby stops for a moment at
2:44:19AM pulls the hood of his sweat jacket onto his head, before entering the gym.
I swear (afrm), under penalty of perjury as specied by [C 35-44.l-2-1, that the foregoing representations are true.

/s/ Jose A. Torres

AFFIANT

DATED: October 16 2017

(Page 2)
CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017

Afdavit for Probable Cause

From: Detective Jose A. Torres

Friday October 13, 2017, at approximately 3:30PM, I released a portion of the surveillance
footage showing the white males face to the media.

Friday October 13, 2017, at approximately 5:30PM, 1 was contacted by Ofcer Richard

Faulkner, Ofcer Faulkner told me he had made contact with a person named ,
who has a friend named Cody Weir. told Ofcer Faulkner he saw the surveillance
footage released earlier, and recognized the person in the footage as Weir. Earlier in the morning
saw Weir, he was wearing the sweat jacket with the Batman symbol, there was blood on

his work boots, and he drives a silver Pontiac Grand Prix. also told Ofcer Faulkner

Weir is currently in the Best Buy parking lot in Avon TN, the address is 10346 E. US Hwy 36
Avon IN, waiting for to arrive, Myself and Assistant Chief Chad Knecht responded to
that address. [located the silver Pontiac Grand Prix with IN license plate XYGI 12 in the
parking lot with a white male, later identied as Cody Weir, in the vehicle, Myself and Assistant
Chief Knecht handcuffed Weir, placed him in my police vehicle, and I transported him to the
Homicide Ofce, Detective Harry Dunn arrived at the parking lot, assisted Crime Scene
Specialist Kaylee Schellhaass, process the scene where the vehicle was located. After
documenting the scene the vehicle was towed to 2600 S. Harding. and placed in a secured garage

bay.

Friday October 13, 2017, I interviewed . told me he has known Weir since
they were children, Earlier today when arrived at work 1100 E. Maryland, he saw
Weirs silver Grand Prix parked in the parking lot, and Weir was asleep in the vehicle, Weir
woke up when pulled up and Weir exited his vehicle. When Weir exited his vehicle
noticed Weir was wearing a sweat jacket with a Batman symbol, and also noticed blood

on Weirs boots. When asked Weir about the blood Weir told him it was from a bloody
I swear (afrm), under penalty of perjury as specied by [C 35-44.l-2-1, that the foregoing representations are true,

/s/ Jose A. Torres

AFFIANT

DATED: October 16 2017

(Page 3)
CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017

Afdavit for Probable Cause

From: Detective Jose A. Torres

nose. Weir eventually left and went to work. While at work girlfriend,
called after she saw the surveillance footage released to the public.
told she believed Weir is the person in the footage, After watching the footage
also recognized the person in the footage to be Weir, After seeing the footage,
remembered the sweat jacket with the Batman symbol, and the blood on Weirs boots,
immediately called 911. called Weir and asked him what happened, Weir told him he
blacked out and could not remember anything. Weir also told he had been in that

building before, referring to the apartment building, because a mutual friend named
used to live in the building and they would go to the gym together. convinced
Weir to meet with him at the Best Buy parking lot in Avon IN, stalling him so we can nd him at
that location.

Friday October 13, 2017, after Cody Weir was read his Miranda Warning and he signed the
Rights Waiver, myself and Detective Kepler interrogated Cody Weir, I asked Weir if he
remember anything that occurred earlier in the day. Initially, Weir stated he was driving around
and eventually drove into Indianapolis, but really didnt remember anything. Without asking
Weir, he told us he was the person in the picture, referring to the surveillance footage, and
Detective Kepler showed Weir a picture from the footage, and Weir conrmed he was the person
in the picture. I asked Weir if he had ever been in that building before, and he stated yes,
because he used to have a friend who lived in the building named and he used to

go to the gym with Weir also stated he still had a key fob for the building and it is on
his key chain with his car keys. Weir admitted in the past he would park in the parking lot of the
building, and use the bathroom in the building next to the gym, I asked Weir if he carried a knife
and he stated he usually kept a knife in the car, but he used it for work. Weir described the knife

as a straight blade, like a dagger, it is still in his vehicle under his seat possibly wrapped in a

sweat shirt because he remembered he had blood on his hands this morning. I asked Weir if he
I swear (afrm), under penalty of perjury as specied by [C 35-44.l-2-1, that the foregoing representations are true,

/s/ Jose A. Torres

AFFIANT

DATED: October 16 2017

(Page 4)
CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017

Afdavit for Probable Cause

From: Detective Jose A. Torres

still had the jacket he was wearing in the photo, and he stated yes it should still be in his vehicle.
Weir stated the pants and boots in the picture are also in his vehicle, I again asked Weir what he
remembered earlier in the day and he stated I remember going by there a couple times,
referring to the apartment building. Weir stated I remember swinging at her, I remember
getting really angry, and going in there. lremember l was right by the drinking fountain, I
remember I was trying to get a drink to calm myself down, Detective Kepler asked Weir if he
remembered how he entered the gym, Weir stated I think I knocked on it, and she let me in, and

I told her thank you. Detective Kepler asked Weir when you swung at her did you have
anything in your hand, Weir stated I had my knife in my hand, I remember hitting her and then I
ran. Detective Kepler asked how many times did you hit her, Weir stated Just one time, she
fell down and she said take my stuf . After interviewing Weir, he was arrested for murder.

Saturday October 14, 2017, I attended the autopsy of Carina Rodriguez under MCCO #17-2625,
conducted by Dr. Gellar, Rodriguez suffered one stab wound to the right shoulder/neck area,
cutting the artery, the esophagus, and fracturing a vertebra, Dr. Gellar ruled the cause of death
was the stab wound and the manner of death a homicide.

Sunday, October 15, 2017. Crime Scene Specialist Samantha Hawkins and I executed a search
warrant on Weirs 2003 Pontiac Grand Prix. During the search the following items were located,
documented, and collected: a Gerber brand xed-blade knife with possible blood on the blade
and handle, a hooded sweatjacket with 21 Batman symbol with possible blood, a pair ofblue
jeans with possible blood. a pair of work boots with possible blood, a cigarette pack with
possible blood, and iPhone, and a key fob.

All events occurred in Indianapolis Marion County Indiana.

I swear (afrm), under penalty of perjury as specied by [C 35-44.l-2-1, that the foregoing representations are true.

/s/ Jose A. Torres

AFFIANT

DATED: October 16 2017

(Page 5)
CASE NUMBER: 49603-1710-MR-039754 FILED: 10/16/2017

Afdavit for Probable Cause

From: Detective Jose A. Torres

I swear (afrm), under penalty of perjury as specied by [C 35-44.l-2-1, that the foregoing representations are true.

/s/ Jose A. Torres

AFFIANT

DATED: October 16 2017

(Page 6)

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