RELEASED

~~rt'll:
i' _ Fry.·
_
,~.
~REDACrEDl 8 CR 1 209
AFFIDAVI

STATE OF KANSAS ) 1 . lOIS',MAr-q P 2: J.4UCAS A. J?IEL

) SS W/M; 008: XX-XX-1993
) ·:L ::a!\ Or 0151 COURT "'SN' XXX XX 7558
SEDGWICK C\NTY lI}iffJI)D!CfALOlsm:c~' --
y-if> Sf.BGWiCr. COUNTY. KSKDR #.3087G1847151
~ y-u-:?
.-.
'--'
0::.
::::::>
if.
v'
.,; By_ _ _ _ _ ~BET~ WOOLH~
o C' ~-, (9;\~ \ , BOB. XX·199!i
.-­ ,­ " \0
..­ -c­ , '-, u
t;:\ p... -:2;__ -:?U \ SSN: XXX-XX-4009
'" ,/ KDR# 3087G1847152
~C)
_0
~ (;S% \\
~.....,c.9
v-­ 0 ?:::-. cr:­ __ 0 LEO CASE # 18C028218
P­ ..;::;;. u...I --­ u...I
0:; 'C­ _l ';::0 if> ~
..u. ~ 0.­
%
~
I, Addie L. Perkins, of lawful age, being first duly sworn on oath, depose and state:
Your Affiant is a Detective with the Wichita Police Department, and in that capacity was
assigned the follow-up investigation of Wichita Police Department case 18C028218. This incident
occurred on May 4, 2018 at 0700 hours, Wichita, Sedgwick County, Kansas. After reading the
reports of the officers involved, your Affiant has learned the following information.
On May 4, 2018, Officers of the Wichita Police Department responded to an Assist
Emergency Medical Services at 822 N. Woodrow, Wichita, Sedgwick County, Kansas, at
approximately 07:43 am. The officers learned from Sedgwick County Emergency Communications
that they were on scene with a child that was not breathing and required assistance.
Officer Marlon Woolcock #2386 arrived on scene and made contact with Wichita Firefighter
Steven Runyan # 1127. Firefighter Runyan # 1127 advised that upon responding to the residence they
located Anthony (Tony) E. Bunn, date of birth: XXlXXl2015, two (2) years of age, in the Jiving
room on the floor. Anthony was unresponsive and was found to not be breathing. The Firefighters
began to perform life saving measure for Anthony. Firefighter Runyan reported ·observing that
Anthony had a missing tooth and had unexplained bruising to his face. Anthony was transported to a
local medical facility for treatment.
Officer Woolcock #2386 spoke with Elizabeth A. Woolheater, date of birth: XXlXXl1995,
whom is the biological mother of Anthony E. Bunn. Elizabeth reported that Anthony returned from a
visit with his grandmother at approximately 07:00 p.m. on May 3, 20] 8. She stated that she prepared
hotdogs for Anthony. Elizabeth stated that she cut up the hotdogs and provided them to Anthony.
She stated that her boyfriend. Lucas A Die1, woke up approximately 06:00 am on May 4, 2018.
Elizabeth stated that Lucas gave more hotdogs that had been prepared to Anthony. She stated that
Lucas then got in the shower. Elizabeth stated that she heard a bang and Lucas got out of(he shower
to check on Anthony.
 RELEASED
-•.
UNREDACTED l8eR 1209

Elizabeth stated that Lucas found Anthony face down on the bedroom floor. She stated that
she first called GD, whom is a registered nurse and Lucas's mother. Elizabeth stated that GD told her
to call 911. She stated that she did not know if it was dire enough to call for EMS.
Officer Woolcock #2386 spoke with Lucas A. Diel, date ofbirth: XXIXXI1991. Lucas stated
that he got up at approximately 06:00 am. He stated that Anthony was up and he prepared hotdogs
for him to eat. Lucas stated that he cut up the hotdogs prior to providing them to Anthony. Lucas
stated that he then got in the shower and while in the shower was told by Elizabeth to check on a
noise that she heard. Lucas stated that he found Anthony face down on the bedroom floor.
Officer Woolcock #2386 spoke with GD. GD stated that she received a phone call from
Lucas at 07:39 am. She stated that Lucas told her to talk to Liz (Elizabeth). GD stated that Elizabeth
then got on the phone and indicated that Anthony was not breathing well. She stated that Anthony
was pink and crying when GD asked about his color. GD told Elizabeth to caB 911. GD stated that
she went to the residence at 822 N. Woodrow and found Elizabeth and Lucas in the bathroom. She
stated that Anthony was in the bathtub and was unresponsive. GD stated that 911 had not been called
to this point and a call was then placed. GD stated that Anthony was moved to the living room and
she began to perform CPR. GD stated that she did speak with Lucas and she was told that Anthony
would not eat his hotdogs so he had to spank him. GD believed that someone might have also
prepared a bowl of cereal for Anthony.
Officer Mark Martinez #1466 responded to the scene and had contact with Lucas. Lucas
indicated that he needed to use the restroom. Officer Martinez # 1466 escorted Lucas to the restroom
inside the residence and observed towels with blood on them. Officer Martinez # 1466 inquired about
the towels. Lucas told him that Anthony had fallen out of the bed and got a nose bleed.
Your Affiant and Sergeant Troy Nedbalek #1436 completed a protective sweep of the
residence. While in the residence, Affiant could smeH the odor ofmarijuana. Your Affiant observed
a glass bong commonly used to ingest marijuana in a bedroom closet. While in the kitchen, a table
was observed that had six to eight (6-8) marijuana plants on it.
In a post Miranda interview with Detective Tennyson, Elizabeth said she woke up that
morning at about 06:40 am, but laid back down because she had bad dreams and did not sleep well.
Elizabeth said Lucas took a shower and then asked her if she checked on Anthony. Elizabeth said
Lucas checked on Anthony and he was awake but would not eat the hot dogs he was given. Elizabeth
said she went into Anthony's room with Lucas and Anthony was in his bed. Elizabeth said Anthony
had bruising on his face and head from a prior incident, and bruising on his buttocks that was old, but
she did not see any new injuries. Elizabeth said Anthony had the hot dog pieces in his mouth but
would not swallow it. Elizabeth said she "lost it" and hit Anthony on his cheek with her open hand
while he was in bed. According to Elizabeth, Anthony held the food in his mouth and she hit him
again in the same manner. Elizabeth said after this, she went to the bathroom to "go number two"
and Lucas was in the room with Anthony. Elizabeth said while she was in the bathroom, she heard
Lu~as talking to Anthony and she' heard two smacks that she described sounding as though Anthony
 RELEASED
·~•
UNREDACTED 18CR 1209
was getting a spanking. Elizabeth said she heard Anthony cry. Elizabeth said she heard two or three
(2-3) more hits. Elizabeth did not know how to describe the sound, but said they sounded different
than the first two she thought was a spanking. Elizabeth said shortly after, Lucas yelled for her help
and sounded panicked. Elizabeth sai~ she stopped using the bathroom and went into Anthony's room
with Lucas and Anthony, and Anthony was still in the bed but now had injuries. Elizabeth said
Anthony yvas bleeding from his face, had a broken front tooth, a cut or tear on his lip that appeared as
if a tooth went through his lip, and his eyes were swollen shut. Elizabeth said Anthony was gasping
for air and didn't seem to be breathing. Elizabeth said Anthony's body was limp, pale, and he was
not responsive. Elizabeth said she panicked and she took Anthony's bloody shirt and pants offin the
bedroom. She took Anthony to the bathroom and took off his pullup. Elizabeth said she laid him in
the bathtub and used a wet washcloth to wipe the blood off of Anthony's face. Elizabeth said she
held Anthony's nose closed and breathed into his mouth while Lucas used one hand to do chest
compressions. Elizabeth said Lucas used his phone and called his mom, OD, and handed the phone
to Elizabeth. OD told Elizabeth to call 911 and that she was on her way. Elizabeth said she did not
call 911 and OD arrived about 10 minutes later. Elizabeth said OD took Anthony to the living room
and laid him on the floor and continued CPR. Elizabeth said OD again told her to call 911 and
Elizabeth used her own phone to call 911. Elizabeth said Lucas wiped down the bed mattress that
Anthony sleeps on because there was blood on it and he told her to wipe offher own face because
she had blood on it from giving Anthony rescue breaths.
Your Affiant and Det. Klumpp #2043 contacted Lucas Diel and obtained a post-Miranda
statement. He stated he is Elizabeth's boyfriend and they have a child together who is eight (8)
months old named HD. Lucas stated he is not the father of Anthony. Lucas said he woke up and
fixed hot dogs for Anthony, Elizabeth's son, and took them into his bedroom. Lucas said he then
took a shower for 20-30 minutes, and when he came out of the bathroom he checked on Anthony,
who was face down on the floor and had blood on his face. Lucas said he and Elizabeth took
Anthony into the bathroom and performed CPR. They called his mother, OD, who came over to
perform CPR and then 911 was called. Lucas denied any physical contact with Anthony on that date
\..
and said he may have heard spanking sounds when Elizabeth was in the room with Anthony. Lucas
had several small cuts to his right hand around the knuckle area. Lucas said he got the injuries to his
hand when he was working at McDonald's the week prior. AF, manager at the McDonald's at 21 51
and Amidon, later reported Lucas had not worked there since January of 2018. Lucas could not
explain how Anthony obtained his injuries.
Anthony had the following injuries: he was malnourished, had extensive trauma to the head
and face, yellow and green bruising over the large area of the mid forehead with swelling, target
shaped impact sight visible on the right parietal scalp, clustered purple and red bruising and
petechiae to the left cheek, periauricular area and left parietal scalp. Anthony had a broken nose that
was healing on one side and the other side was fractured, he had a missing tooth and one tooth that
was loose. Both of Anthony's eyes were swollen shut with blue and red bruising of the eyelids.
Anthony had bruising behind the ear and clustered bruising under the chin. Anthony had bruising on
 RELEASED

.'
UNREDACTED

1 8 CR 1 209
his back, extending along the spine in various stages ofhealing. Anthony had bruising to his buttocks
\

with small linear lacerations on the left buttock. Anthony's abdomen had yellow and brown bruising
and had a fracture to the 10th rib. Anthony had a healing fracture of the left ulna (arm). Anthony's
brain swelling progressed to the point of cerebral herniation and brain death. On May 6, 2018 at
0849 hours, Anthony was pronounced deceased by Dr. Yagnik at Wesley HospitaL

FURTHER AFFIANT SAITH NOT.

OLJM J?m:J
Addie L. Perkins, AFFIANT

SUBSCRIBE AND SWORN to before me on this g,~ day of1&<-n'

1
.20 ;g
~
NOTARY FU!":IUC • Slale ot Kansas
CHERYLSC
= My Appi Expires' . '. I

cks