SEARCH WARRANT NUMBER

THE STATE OF TEXAS IN THE JEFFERSON COUNTY DISTRICT

COURT

THE COUNTY OF JEFFERSON 252nd District Court

AFFIDAVIT FOR SEARCH WARRANT

{Article 18.02, Texas Code of Criminal Procedure}

The undersigned affiant, Aaron John Lewallen #, being a peace officer under the laws of Texas and being
duly sworn, on oath makes the following statements and accusations:

I. There is in Jefferson County, Texas, property described as follows:

An office building located at 595 Orleans Street in Beaumont, Texas. The building is a tan in
color, 15-story, concrete building located on the northeast comer of Orleans and Fannin Streets. The
front entrance of the building faces Orleans Steet and is fashioned out of a brasscolored set of double
doors which have "595" printed on the door header. There is also a placard affixed to the building to
the right of the main entrance which reads "San Jacinto Building." Within the structure of 595 Orleans
is a basement and a series of offices, which encompass the entire15th Floor, which are owned and
operated by Thomas Flanagan.

2. Said property is in the charge of and controlled by each of the following named and/or described
suspected parties, to-wit:
Thomas Flanagan
3. It is the belief of the Affiant that a specific criminal offense has been committed, to wit:
ARSON--(2nd Degree Felony)
4. There is at said place and premises described above the following item(s) which are implements or
instruments used in the commission of a crime, or are items constituting evidence of a criminal
offense or constituting evidence which tend to show that a particular committed the aforementioned
offense, to wit:
All records, either hard copy or digital, of any businesses associated with Thomas Flanagan or
any of his companies from December 1, 2013 to present day, to include, but are not limited to:
business correspondence, personal correspondence, emails, bank statements, accounts payable,
accounts receivable, employee files, payroll records, financial instruments, invoices, calendars,
planners, tax records, handwritten notes, ledgers, leases, property ownership records, surveys,
utility bills, phone records, insurance statements, applications for insurance, vendor records,
building records.
Records includes all forms of creation or storage, including any form of computer or electronic
storage (such as hard disks or other media that can store data); any handmade form (such as
writing); any mechanical form (such as printing or typing); and any photographic form (such as
microfilm, microfiche, prints, slides, negatives, videotapes, motion pictures, or photocopies).

Beaumont Police Department Report Number #2024-11195

 Any computers contained within the "Suspected Place." The term "computer" includes all types
of electronic, magnetic, optical, electrochemical, or other high speed data processing devices
performing logical, arithmetic, or storage functions, including desktop computers, notebook
computers, mobile phones, tablets, server computers, and network hardware. The term "storage
medium" includes any physical object upon which computer data can be recorded. Examples
include hard disks, RAM, floppy disks, flash memory, USB drives, CD-ROMs, and other magnetic
or optical media.
Any cellular devices owned or in the possession of Thomas Flanagan. Furthermore, this warrant
authorizes investigators to compel individual(s) at the Suspected Premise when the requested warrant
is executed to unlock any devices requiring biometric access subject to seizure pursuant to this
warrant. These biometric features include fingerprint scanners, facial recognition features and/or iris
recognition features.

5. Affiant has probable cause for said belief by reason of the following facts:

On the night of Thursday, June 6, 2024 and the morning of Friday, June 7, 2024 the City of
Beaumont Fire Department responded to three structure fires at three different locations. The
locations of the fires were 328 Bowie Street, 1814 Park Street, and 3275 S. MLK Drive in
Beaumont, Jefferson County, Texas. The Beaumont Fire Department was notified at 1909 hours,
2120 hours, and 0242 hours respectively.
All of these locations were linear in nature and each one south of the next. In speaking with Fire
Marshall Investigators, I was advised that three arsons in one night is considered a statistical anomaly.
This anomaly suggested the fires were started by the same suspect(s). All three of these fires were
subsequently determined to be arson.
With regards to the 328 Bowie Street fire, also known as the Gilbert Building, initial responding
fire crews encountered active fire conditions engulfing the four-story structure. Due to the fire
conditions and severity, this was an extended operation that took approximately 24 hours to fully
extinguish with an estimated 2 million gallons of water expended in the fighting of the fire.
Upon examination of the structure there were no utilities (gas or electrical) nor any adverse
weather which could have contributed to ignition. Investigators were also able to rule out all
accidental causes. Based on investigators' actions, it was determined that human interaction
occurred to present an open flame to either materials at hand or potentially ignitable liquids
introduced to the scene.
In my training and experience, I have come to know that motives surrounding arson are
generally limited in scope, and include, but are not limited to the following examples. I am aware
subjects involved in arsons may intentionally set a fire due to a psychological compulsion as a
result of an impulse control disorder in which individuals repeatedly fail to resist urges to
deliberately start fires, subjects may also intentionally set a fire in an attempt to destroy evidence of
another crime, or to gain some sort of financial gain such as insurance fraud, or to avoid or alter
cost associated with taxes or renovations.
The Gilbert Building is owned by Beaumont Gilbert LLC, a Texas domestic Limited-Liability
Company which was formed on November 15, 2013. The registered agent for Beaumont Gilbert,
LLC is Thomas Flanagan, w/m dob 05/19/60. It should be noted, Flanagan was at a function at
City Hall, .03 miles away, at the time of the Gilbert Building Fire, and is recorded on surveillance
video leaving City Hall after the fire was reported.

Beaumont Police Department Report Number #2024-11195

 During this investigation, I learned the Gilbert Building, a building which was built in 1902,
contained asbestos. This information was provided by Flanagan himself during an interview after the
fire. Flanagan stated the building contained asbestos as well as floor tiles which were installed in the
1950's or 1960's. Flanagan also advised that he believed that he had an initial report on the asbestos
in the building, which he stated he would have gotten from the city when he purchased the building
in 2013. However, he has been unable to produce the report.
Asbestos is the name given to a group of six different fibrous materials. Asbestos is a naturally
occurring mineral that is found in rocks and soil. According to the Agency for Toxic Substances and
Disease Registry (ATSDR), asbestos can also be found in certain manufactured products including
insulation, automotive brakes and clutches, ceiling and floor tiles, dry wall, roof shingles and
cement.
The construction industry was the major consumer of asbestos in the United States. Asbestos
lagging has been used for years, and pipes wrapped in it are commonplace. During the 1960's and
70's, thousands of buildings were "fireproofed" with asbestos products. Other asbestos containing
products, such as floor tiles, were also commonly used. When the full extent of the dangers of
asbestos was realized, legislation was passed that ended this application.
The dangers of asbestos have been known to manifest in health-related issues. Asbestos-related
diseases can be cancerous or non-cancerous. The U.S. Department of Health and Human Services,
the Environmental Protection Agency (EPA) and the International Agency for Research on Cancer
(IARC) have all classified asbestos as a cancer-causing substance in humans. It can also cause
noncancerous diseases, such as asbestosis and pleural changes.
It is due to these health-related issues that asbestos abatement has become regulated by law and
has established rules and industry standards related to its safe removal. The regulations are governed
by the United States Environmental Protection Agency and codified in the National Emission
Standards for Hazardous Air Pollutants (NESHAP).
Due to the standards put in place by NESHAP, the abatement process has many factors which
contribute to exorbitant costs associated asbestos removal. These factors include, but are not limited
to: square footage of the affected area, and accessibility issues which address how easily the area can
be accessed. For instance, will scaffolding be needed to access ceilings or ductwork that will trigger
additional OSHA regulations. In addition, is the project to be conducted in phases or is the entire
space to be abated at once. Another factor contributing to cost is disposal fees associated with
collecting, packaging, and transporting the hazardous materials for disposal. Finally, the type of
asbestos— friable asbestos (dry, crumbly) typically located on piping and/or as a decorative surfacing
is inherently more dangerous as an inhalation hazard and could impact the costs.
However, according to Title 40 of the United States Code of Federal Regulations, if a building
has been totally destroyed by fire the asbestos NESHAP does not apply to subsequent activities. If
the building is only partially damaged, the NESHAP applies to the portion which remains standing.
The asbestos waste disposal standard applies to all friable asbestos mixed in with rubble created
from a demolition operation that is subject to any of the work practice standards of40 CFR
61.147. It should also be noted, non-friable asbestos can become friable when exposed to extreme
temperatures much like ones present during a structure fire.
The three arson fires were set with extended periods of time in between each subsequent fire,
and all three fires were set in the same Response District. It is based on these facts; I find it
reasonable to believe each subsequent fire was set in an attempt to pull resources from the Gilbert
Building Fire. Which in fact did occur. During the fire suppression efforts at the Gilbert Building,
fire department assets had to be reallocated to extinguish the fires on Park Sfreet and S MLK. I

Beaumont Police Department Report Number #2024-11195

believe the plot to pull resources from the Gilbert Building was done in an attempt to ensure
maximum damage to the Gilbert Building to accomplish a total destruction of the property by fire.
During this investigation detectives interviewed employees of the Flanagan organization. One
of Flanagan's frusted advisors, identified as Gwendoyln Andrews, admitted to stealing millions of
dollars from Flanagan, but he had not filed any criminal charges against her. Instead, he had been
making her work for no pay since learning of the theft. Andrews further advised Flanagan had not
been paying 941 tax payments to the IRS, and has ordered her to falsify IRS paperwork.
During an interview with Colette Turnbull, Flanagan's former secretary, described some of
Flanagan's business dealings. She said he does not like paying bills or his taxes, and would often
pay repeated late fees and not pay his bills until service interruption is imminent. Turnbull advised
that Flanagan was over extended in his business dealings. Turnbull said there were times when he
would refuse to pay bills and other times when the money was just not there. Turnbull also said she
witnessed him strike through payroll checks she would bring him to sign.
Turnbull further advised Flanagan had expressed a desire to bring in contractors into the Gilbert
Building to have it remodeled. To do so meant he had to have insurance on the building. She said she
saw emails from the insurance companies who would decline to insure the building due to its unsafe
conditions. Turnbull said the Gilbert Building, as well as other buildings, have not had insurance on
them for several years. Due to Flanagan's inability to insure the building, he would not be able to
renovate the building. His only other profitable option would be to have it demolished. With the
potential of city development, the property becoming a blank slate would be more valuable than an
unsafe, vacant building.
Turnbull said she recognized the name Marcus Guillory, and also remembered writing out a
check for him for Flanagan to sign. Guillory is an individual Flanagan would later deny knowing
or paying. She stated nothing happened in the office that Flanagan was not aware of, and that he
micromanaged everything. Turnbull also said she would be asked to write out strange checks, and
she was simply told to write down "Security" in the memo section. Turnbull said she also witnessed
Flanagan ask employees to fabricate numbers on IRS paperwork. Turnbull stated Flanagan
threatened if Andrews did not sign these documents, that he would not pay her and he would take
her home away.
Furthermore, in Flanagan's interview he stated his insurance costs went up so he decided to drop
the insurance on his lower value buildings. Flanagan stated he dropped the insurance on four
buildings. They are as follows: The "Workforce" Building located at 304 Pearl, The Gilbert Building
located at 328 Bowie, The McFaddin Building, located at 340 Bowie, and The Tonahill Building
located at 495 Orleans. It should be noted the Workforce Building also fell victim to an arsonist on
April 9, 2022. Additionally, the west wall of the Gilbert Building is approximately three feet away
from the east wall of the McFaddin Building, and the McFaddin Building and the Tonahill Building
share a wall. In essence, a person could traverse the rooftops of these three buildings. This is of
extreme significance because if the Gilbert Building fire had not been contained, the other three
remaining buildings, which Flanagan was unable to remodel due to denial of insurance, would have
burned down as well. In his interview, Flanagan, when referring to the uninsured buildings, he stated,
"They've been so damaged, so much. Their market value is nil." Flanagan made it sound as though
his decision to drop the insurance was a recent decision, when according to Turnbull it's been years
since they had insurance. In a follow up interview, Flanagan stated, "The cheapest thing for me is to
tear it down." He specifically referenced the aforementioned three buildings claiming he wanted to
renovate them, but during his ownership of these buildings there has not been any renovations.
Jarrod Anderson, a former property manager for Flanagan, was interviewed and provided a great
deal of insight into Flanagan's businesses. Anderson stated Flanagan hated paying his bills. He said
Beaumont Police Department Report Number #2024-11195
he would often not pay until services were to be disconnected or would pay vendors in partial
payments after committing to pay the whole invoice. Anderson stated he could get a phonebook and
call every contractor, locksmith, or electrician in Beaumont, and if he said it was for Tom Flanagan,
they would tell him they were not interested. Anderson also advised Flanagan had numerous
businesses and buildings each was its own LLC. He said Flanagan routinely mixed funds with the
different building often times paying bills of another company with the rent from a completely
different building. He stated it made it a bookkeeping nightmare.
Another employee, Lonnie Fontenot, stated he has been paid by checks which were drawn on
different banks, and written on checks from different companies owned by Flanagan. He also
advised his pay checks would routinely bounce. He also stated Flanagan would not pay for the
items needed for the maintenance workers to do their jobs. He would sit on orders which would
delay delivery for weeks, and often times when he would go to Lowe's or Home Depot to pick up
supplies, he would call from the store to the office to make a credit card purchase, which would
routinely get declined. He said there is a huge cash flow problem with Flanagan's business. He said
contractors are not getting paid, and it's a struggle for him to keep the buildings running, and it's as
if he just putting "band aids" on the buildings to keep the tenants happy.
In addition to appearing to be a financial downward spiral with contractors and employees,
Flanagan has also been in violation of City of Beaumont code compliance, has numerous liens, fines
by the City of Beaumont, and is behind on his Jefferson County taxes. For example, 304 Pearl Street
in Beaumont, Jefferson County, Texas, is owned by Goodhue Development, LLC, of which Flanagan
is the registered agent. Flanagan has been behind on the taxes for this building since 2021 and
currently owes $21, 651.02. Another example is 398 Pearl, the Goodhue Building, also owned by
Goodhue Development, LLC and is behind on taxes $13,279.14. Additionally, 470 Orleans, owned
by Orleans Properties, LLC, owned by Flannagan, is behind on taxes since 2021 and is in arrears
$77,774.73. The aforementioned properties are a mere sampling of Flanagan's commercial
properties. However, further research of other properties revealed numerous buildings in which
Flanagan was behind on his property taxes for multiple consecutive years and in excess of $250,000.
Additionally, Flanagan owes taxes dating back to 2021 on his residence to the amount of $18, 315.53.
Furthermore, since Flanagan purchased the Gilbert Building there have not been any renovations
or improvements to the property. In fact, the City of Beaumont had recently been enforcing
ordinances on the property. Flanagan had been sent numerous 1011PM letters over the years. The
letters are letters of enforcement based on the International Property Maintenance Code Inspections.
See below timeline:

10/28/2015 — Orange tagged for Property Maintenance

10/29/2015 — 1011PM letter mailed certified
12/01/2015 — Reinspection no work program
11/30/2020 — Orange tagged for Property Maintenance
12/08/2020 — 101 IPM letter mailed certified
04/12/2021 — Reinspection for charges to be filed in Municipal Court
04/19/2021 — Charges filed in Municipal Court
10/06/2021 — Reinspection before court
10/7/2021 — Owner failed to appear for court date
02/24/2023 — Inspection completed
04/05/2023 — 1011PM letter was mailed certified
03/27/2024 — Initial inspection for the Downtown Sweep exterior only.

Beaumont Police Department Report Number #2024-11195

04/10/2024 — Imminent Danger letter mailed certified. All violations were to be remedied
immediately.
04/11/2024 — Board and Secure letter mailed certified. Deadline to board and secure was
05/13/2024.
04/17/2024 — Interior inspection was completed by Building Codes (Demolition, Chief Electrical
inspector, plumbing inspector, Building Official and Deputy Building Official) and the Fire
Department.
04/22/2024 — 1011PM letter was mailed certified for interior inspection.
06/06/2024 — Building caught fire.

Flanagan has publicly advertised his desire to develop downtown Beaumont. For years, he has
referred to it as his legacy and referenced his dream in numerous city council
meetings. Additionally, there has been recent activity in the City's desire to develop the downtown
area. Investigators discovered an online video which contained a computer-generated proposal
named Beaumont Vision 2035 Downtown Plan. This video, which is posted on the City of
Beaumont's website, provided a visual representation of a downtown renovation project. The early
cost projections include nearly $1 14 million for a canal waterway, nearly $20.7 million for a new
city hall and at least $22.4 million for other listed projects. It should be noted, Flanagan owns
numerous buildings within the proposed downtown renovations, one of which is the Gilbert
Building, and coincidentally a parking lot directly across from the Gilbert Building. Investigators
discovered this parking lot is the proposed site for the new city hall.
Investigators were able to capture video footage of a white male walking in the vicinity of the
fire, right after it was reported to 911. Other video footage was found of this same individual later
meeting with a white male later identified as Bob Moore, dob 11/01/64, as responders were
attempting to extinguish the fire. It was later discovered Moore is employed as a maintenance worker
for Thomas Flanagan. Moore was interviewed and identified the unknown subject as Marcus Allen
Guillory, w/m dob 04/22/90. Moore advised Guillory was also employed by Flanagan but was
recently fired. During Flanagan's initial interview he did not provide any information related to
Marcus Guillory. Detectives later learned, from other Flanagan employees, about a meeting between
Flanagan and Guillory in which evidence of the fire was discussed. When the circumstance of the
Guillory meeting was broached with Flanagan, he sheepishly stated that he should have told us about
Guillory and his potential knowledge of the fire. Flanagan was shown a picture of Guillory, and he
admitted that he recognized him but denied ever hiring him or paying him. Guillory was also
interviewed in which he stated he worked for Flanagan. In addition, other Flanagan employees
advised Guillory was also an employee. These circumstances surrounding this information showed
Flanagan was untruthful with investigators by lying by omission and direct lies as his statements
contradicted his own employees.
Flanagan was later administered a polygraph in which the relevant questions included: Did
you order anyone to burn the building? Did you have anything to do with the building being
burned? Flanagan's results of the polygraph indicated that he was being deceptive.
Flanagan also advised that he believed that he had an initial report on the asbestos in the building
but had been unable to locate it. Flanagan stated to detectives that the report would have come from
the city of Beaumont when he purchased the building. As of this writing, investigators have not found
any evidence that this report exists. Detectives also learned that two days after the fire, Flanagan
responded to the building while fire crews were in a ladder / bucket truck checking for fire hot spots.
Flanagan requested that his engineer join the fireman in the bucket. Once in the lift the fireman

Beaumont Police Department Report Number #2024-11195

reported that the person who Flanagan identified as his building engineer, was actually an agent from
an asbestos abatement company checking to see how much asbestos was left in the building post fire.
It is based on the totality of the circumstances surrounding the fire and facts gathered during the
investigation, which I find it reasonable to believe Thomas Flanagan, a local businessman, who is
in financial straits, conspired with an unknown suspect(s) to set fire to the Gilbert Building for a
financial benefit. Flanagan was being pressured by the City of Beaumont to "fix" his building, and
the convenience of a fire would remediate his out-of-pocket expenses. Furthermore, I believe the
recent news releases of the City of Beaumont's desire to move forward with Downtown development
hastened his plans.
During the investigation, detectives met with Flanagan at his office, located at 595 Orleans Suite
1510, which encompasses the entire 15th floor, in Beaumont, Jefferson County, TX. 595 Orleans is
locally known as the San Jacinto Building. 595 Orleans will hereafter be referred to as the
"Suspected Premise." This is also the address listed on Flanagan's numerous business listings with
the Texas Secretary of State Business Registry. It should also be noted, Flanagan is behind on the
taxes of the San Jacinto Building as well, dating back to 2022 and to the sum of $48, 768.21. In
addition, in speaking with Building Inspectors, I was advised they had discovered a basement in the
San Jacinto Building which also contained business records belonging to Flanagan. Flanagan has
numerous businesses registered to this address, and in previous interviews it was learned Flannagan
runs all his businesses through this main office regardless of business registration address. The
following is a list of businesses owned by Tom Flanagan:
2901 Manager LLC
2901 Turtle creek, LTD.
495 Orleans, LLC
510 Park Sfreet, LLC
555 Main LLC
Al--111 Houston Realty LLC
Airport Holdings I LLC
Airport Holdings I Parking
Airport Holdings Il, L.L.C. Airport
Holdings Il, L.L.C.
Airport Shuttle Services
American Stevedoring, NC.
Atticus Investments GP, LLC
Atticus Investments, LP
Bayport Holdings L.L.C.
Beaumont Bar Manager, INC.
Beaumont Crockett Street Management, INC.
Beaumont Gilbert, L.L.C.
Beaumont River Theater Management, INC.
Beaumont Warehousing & Storage, LLC
Century Tower Holdings, LLC

Beaumont Police Department Report Number #2024-11195

Century Tower Management, LLC
Century Tower Parking LLC
Century Tower, LTD.
Crockett Carpark, NC.
Crockett Sfreet Entertainment DST (Trade Style)
Crockett Street Development LTD Crockett
Street Development, LTD.
Crockett Street Station, NC.
Downtown Fitness LLC
Downtown Parking GP, L.L.C.
Equipment Holdings, NC.
Fidentia Corporation, INC.
Fidentia Development Corp
Flanagan Shipping Corporation, James J
Flanagan Shipping, NC.
Flanagan, James J Stevedores (Trade Style)
Florida Tans, INC.
Galveston Cruise Terminal Galveston
Cruise Terminal Parking, INC.
Galveston Waterfront Ventures, INC.
Global Mat International, L.L.C.
Goodhue Development LLC
H.O.J.T., LLC
Houston Distribution Center, LLC Houston
Intermodal Services, NC.
Hydrocool Management, NC.
Hydrocool, LTD. I.J.T.P.
LLC
IFG Port Holdings LLC
James J Flanagan Shipping Corporation (Primary)
James J Flanagan Stevedores (Trade Style)
James J. Flanagan Shipping Corporation - Louisiana
James J. Flanagan Shipping Corporation - Texas
Keyhole Club Building, LP
Keyhole Management, LLC
Lake Charles Stevedores INC.
Lake Charles Stevedores, L.L.C.
Mildred Building, L.L.C.
Mission WC Investors GP LLC
Mission WC Investors LP
Orleans Property LLC
Orleans San Jacinto Building Management, L.L.C.
Orleans San Jacinto Building, L.P.
Beaumont Police Department Report Number #2024-11195
P&O Ports Lake Charles INC. P.C.
Pfeiffer co., INC.
Pipe Storage, INC.
Port Arthur Shipping Corp
Port Arthur Stevedores, INC.
Ports America Lake Charles, INC.

Rocket Parking
Rosedale Holdings, LLC
Saint Anthony Cathedral Basili
Seaport Export Crating Co, INC
Seaport Export Crating Company
SRV Holdings, LLC
St Anthony Cathedral School
Star of Texas Magazine, INC.
Stedman Building
Stedman Ventures, INC.
Strachan Shipping Co
The St. Anthony's Cathedral School Foundation

Westchase Office Center Management, LLC

In my experience, I know businesses maintain business records and retain business related
information on premise potentially in both media; hard copy and digital. The records include, but
are not limited to: business correspondence, personal correspondence, emails, bank statements,
accounts payable, accounts receivable, employee files, payroll records, financial instruments,
invoices, calendars, planners, tax records, handwritten notes, ledgers, leases, property ownership
records, surveys, utility bills, phone records, insurance statements, applications for insurance,
vendor records, building records.
Additionally, affiant has reason to believe Flanagan utilizes computers in the normal course of
running his businesses operations. In today's digital age computers are used for generating, storing,
or disseminating the aforementioned records. Furthermore, the use of the intemet allows for receiving
electronic correspondence and for the downloading and uploading of business files which may be
stored in the "Cloud." Cloud computing is the on-demand availability of computer system resources,
especially data storage (cloud storage) and computing power, without direct active management by
the user.
Employees have stated Flanagan utilizes QuickBooks for his accounting needs. QuickBooks is
an accounting software package for small and medium sized businesses which offer onpremise
accounting applications as well as cloud-based versions that accept business payments, manage
and pay bills, and payroll functions.

Beaumont Police Department Report Number #2024-11195

 Therefore, Affiant respectfully requests the court authorize the search and seizure of the
aforementioned records in their analogue or digital forms dating from December 2013 to present.
The presented time frame is important due to Flanagan's purchase of the Gilbert Building in
December 2013 and his reference to the city providing him with an asbestos survey. Furthermore,
due to witnesses stating Flanagan intermingles individual business transactions within his numerous
companies, I find it reasonable to believe can be found within records of any of his businesses.
Therefore, Affiant request the court authorize the search and seizure of the aforementioned records
from any business listed above which are owned and operated by Tom Flanagan out of his office,
located and stored at 595 Orleans Suite 1510 in Beaumont, Jefferson County, Texas, and the
basement of the 595 Orleans in Beaumont, Jefferson County, Texas.
As used above, the terms "records" and "information" includes all forms of creation or storage,
including any form of computer or electronic storage (such as hard disks or other media that can
store data); any handmade form (such as writing); any mechanical form (such as printing or typing);
and any photographic form (such as microfilm, microfiche, prints, slides, negatives, videotapes,
motion pictures, or photocopies).
The term "computer" includes all types of electronic, magnetic, optical, electrochemical, or
other high speed data processing devices performing logical, arithmetic, or storage functions,
including desktop computers, notebook computers, mobile phones, tablets, server computers, and
network hardware.
The term "storage medium" includes any physical object upon which computer data can be
recorded. Examples include hard disks, RAM, floppy disks, flash memory, USB drives,
CDROMs, and other magnetic or optical media.
All seized computers, storage media and devices will be secured, and subsequent search warrants
obtained prior to a forensic download being performed.
Investigators need these records to illustrate Flanagan's financial status and business practices
which will portray an accurate illustration of his financial well-being or hardship. Interviews by
employees suggest Flanagan is in financial straits which can be directly linked to his motive to
conspire and commit the offense of arson.
Furthermore, I know individuals carry and utilize cell phones in their everyday life. During the
course of the investigation, Flanagan provided 409-728-5550 as his phone number. Checking this
number through TLO, a law enforcement accessible search software, the number showed to be a
Verizon Wireless cell phone number registered to Flanagan.
In my training and experience, I know cell phones store data related to incoming and outgoing
phone calls, text messages, messaging applications, voicemails, emails, photos and videos. These
communications can be found within the data stored in the phone. In my training and experience I
have come to know that suspects and or their confederates will communicate via cellular devices
either by voice or messaging applications while conspiring and/or committing their crimes.
Additionally, I have observed suspects who will document their crimes by photographs before,
during and after the commission of a crime. This data would be expected to be found with the data
stored on the phone. In addition, suspects will often delete communications and evidence of their
crime which can be found in the deleted files by forensic download.
Due to Flanagan's presence at City Hall when the fire was called in to 911, I find it reasonable
to believe he had cellular communications with an unknown suspect(s) to coordinate their efforts
when conspiring to commit the arson.
In addition, I seek permission for investigators to compel individual(s) at the Suspected Premise
when the requested warrant is executed to unlock any devices requiring biometric access subject to
seizure pursuant to this warrant. The grounds for this request are as follows:
Beaumont Police Department Report Number #2024-11195
 a. I know from my training and experience, as well as from information found in publicly
available materials published by device manufacturers, that many electronic devices, particularly
newer mobile devices and laptops, offer their users the ability to unlock the device through biometric
features in lieu of a numeric or alphanumeric passcode or password. These biometric features include
fingerprint scanners, facial recognition features and iris recognition features. Some devices offer a
combination of these biometric features, and the user of such devices can select which features they
would like to utilize.
b. If a device is equipped with a fingerprint scanner, a user may enable the ability to unlock
the device through his or her fingerprints. For example, Apple offers a feature called "Touch ID,"
which allows a user to register up to five fingerprints that can unlock a device. Once a fingerprint is
registered, a user can unlock the device by pressing the relevant finger to the device's Touch ID
sensor, which is found in the round button (often referred to as the "home" button) located at the
bottom center of the front of the device. The fingerprint sensors found on devices produced by other
manufacturers have different names but operate similarly to Touch ID.
c. If a device is equipped with a facial-recognition feature, a user may enable the ability to
unlock the device through his or her face. For example, this feature is available on certain Apple
devices and is called "Face ID." During the Face ID registration process, the user holds the device in
front of his or her face. The device's front-facing camera -then analyzes and records data based on
the user's facial characteristics. The device can then be unlocked if the front-facing camera detects a
face with characteristics that match those of the registered face. Facial recognition features found on
devices produced by other manufacturers have different names but operate similarly to Face ID, such
as Android Trusted Face.
d. If a device is equipped with an iris-recognition feature, a user may enable the ability to
unlock the device with his or her irises. For example, on certain Microsoft devices, this feature is
called "Windows Hello." During the Windows Hello registration, a user registers his or her irises by
holding the device in front of his or her face. The device then directs an infrared light toward the
user's face and activates an infrared-sensitive camera to record data based on patterns within the
user's irises. The device can then be unlocked if the infrared-sensitive camera detects the registered
irises. Iris-recognition features found on devices produced by other manufacturers have different
names but operate similarly to Windows Hello.
e. In my training and experience, users of electronic devices often enable the aforementioned
biometric features because they are considered to be a more convenient way to unlock a device than
by entering a numeric or alphanumeric passcode or password. Moreover, in some instances,
biometric features are considered to be a more secure way to protect a device's contents. This is
particularly true when the users of a device are engaged in criminal activities and thus have a
heightened concern about securing the contents of a device.
f. As discussed in this Affidavit, I have reason to believe that one or more digital devices will
be found during the search. The passcode or password that would unlock the devices subject to search
under this warrant currently is not known to law enforcement. Thus, law enforcement personnel may
not otherwise be able to access the data contained within the devices, making the use of biometric
features necessary to the execution of the search authorized by this warrant.
g. I also know from my training and experience, as well as from information found in publicly
available materials including those published by device manufacturers, that biometric features will
not unlock a device in some circumstances even if such features are enabled. This can occur when a
device has been restarted, inactive, or has not been unlocked for a certain period of time. For example,
Apple devices cannot be unlocked using Touch ID when: (1) more than 48 hours has elapsed since
the device was last unlocked; or, (2) when the device has not been unlocked using a fingerprint for 8
Beaumont Police Department Report Number #2024-11195
 hours and the passcode or password has not been entered in the last 6 days. Similarly, certain Android
devices cannot be unlocked with Trusted Face if the device has remained inactive for four hours.
Biometric features from other brands carry similar restrictions. Thus, in the event law enforcement
personnel encounter a locked device equipped with biometric features, the opportunity to unlock the
device through a biometric feature may exist for only a short time.
h. Due to the foregoing, if law enforcement personnel encounter any devices that are subject
to seizure pursuant to this warrant and may be unlocked using one of the aforementioned biometric
features, this warrant permits law enforcement personnel to: (l) press or swipe the fingers
(including thumbs) of anyone present at the Suspected Premise at the time this warrant is executed
to the fingerprint scanner of the devices found at the Suspected Premise; (2) hold the devices found
at the Suspected Premise in front of the face of anyone present at the Suspected Premise at the time
this warrant is executed and activate the facial recognition feature; and/or (3) hold the devices
found at the Suspected Premise in front of the face of anyone present at the Suspected Premise at
the time this warrant is executed and activate the iris recognition feature, for the purpose of
attempting to unlock the devices in order to search the contents as authorized by this warrant.
Wherefore, Affiant asks for issuance of a warrant that will authorize him to search said suspected place
and premises for said evidence and seize the same.

Aaron John Lewallen

AFFIANT
SWORN TO AND SUBSCRIBED before me by said Affiant on this 08 day of Oct, 2024, and 1 find there
is sufficient probable cause to support the search of the aforementioned premises.

Raquel West
JEFFERSON COUNTY TEXAS
252nd District Court
MAGISTRATE'S DETERMINATION OF PROBABLE CAUSE

The foregoing Affidavit and Application was submitted to me by the said affiant on 08 day of Oct, 2024,
at 10:18 AM. I find that there is sufficient Probable Cause to support the issuance of this Search Warrant.

Raquel West
JEFFERSON COUNTY TEXAS
Beaumont Police Department Report Number #2024-11195
 252nd District Court

Signed by the said affiant, submitted to me by reliable electronic means, and subsequently sworn to by the
said affiant before me through an electronic broadcast system.
SEARCH WARRANT NUMBER

THE STATE OF TEXAS IN THE JEFFERSON COUNT DISTRICT

COURT

THE COUNTY OF JEFFERSON 252nd District Court

Search Warrant
THE STATE OF TEXAS to the sheriff or any Peace Officer of JEFFERSON County, Texas. or any Peace
Officer of the State of Texas.
Greetings:
Whereas, the affiant whose name appears on the affidavit attached hereto is a peace officer under the laws
of Texas and did heretofore this day subscribe and swear to said affidavit before me (which said affidavit
is here now made a part hereof for all purposes and incorporated herein as if written verbatim within the
confines of this Warrant), and whereas I find that verified facts stated by affiant in said affidavit show that
affiant has probable cause for the belief he/she expresses herein and establishes existence of proper grounds
for issuance of this Warrant.
Now, therefore, you are commanded to enter the suspected place and premises as described in said
affidavit, to wit:
An office building located at 595 Orleans Street in Beaumont, Texas. The building is a tan in color, 15-
story, concrete building located on the northeast corner of Orleans and Fannin Streets. The front entrance
of the building faces Orleans Steet and is fashioned out of a brass-colored set of double doors which have
"595" printed on the door header. There is also a placard affixed to the building to the right of the main
entrance which reads "San Jacinto Building." Within the structure of 595 Orleans is a basement and a series
of offices, which encompass the entirel 5th Floor, which are owned and operated by Thomas Flanagan.

At said places you shall search for and, if same be found, seize and bring before me the property described
in the affidavit, to wit:
All records, either hard copy or digital, of any businesses associated with Thomas Flanagan or any of
his companies from December 1, 2013 to present day, to include, but are not limited to: business
correspondence, personal correspondence, emails, bank statements, accounts payable, accounts
receivable, employee files, payroll records, financial instruments, invoices, calendars, planners, tax
records, handwritten notes, ledgers, leases, property ownership records, surveys, utility bills, phone
records, insurance statements, applications for insurance, vendor records, building records.
Records includes all forms of creation or storage, including any form of computer or electronic storage
(such as hard disks or other media that can store data); any handmade form (such as writing); any
mechanical form (such as printing or typing); and any photographic form (such as microfilm, microfiche,
prints, slides, negatives, videotapes, motion pictures, or photocopies).
Any computers contained within the "Suspected Place." The term "computer" includes all types of
electronic, magnetic, optical, electrochemical, or other high speed data processing devices performing
Beaumont Police Department Report Number #2024-11195
logical, arithmetic, or storage functions, including desktop computers, notebook computers, mobile
phones, tablets, server computers, and network hardware. The term "storage medium" includes any
physical object upon which computer data can be recorded. Examples include hard disks, RAM, floppy
disks, flash memory, USB drives, CD-ROMs, and other magnetic or optical media.
Any cellular devices owned or in the possession of Thomas Flanagan. Furthermore, this warrant
authorizes investigators to compel individual(s) at the Suspected Premise when the requested warrant is
executed to unlock any devices requiring biometric access subject to seizure pursuant to this warrant.
These biometric features include fingerprint scanners, facial recognition features and/or iris recognition
features.

Herein fail not to execute this warrant within three days, exclusive of the days of its issuance and of its
execution, with your return thereon, showing how you have executed the same.

ISSUED at 10:18 AM o'clock, on 08 day of Oct, 2024, to certify which witness my hand this day.

Raquel West
JEFFERSON COUNTY TEXAS
252nd District Court

Beaumont Police Department Report Number #2024-11195