In the district court of the 7th judicial district of the state of Idaho in and for the county of Bingham

State of Idaho vs. Porter, Dorthy Jean

State of Idaho

County of Bingham

William R. Nalley, being first duly sworn deposes and says,

1. That he/she is a law enforcement officer for Bingham County Sheriff's Office for 15 years.

2. That on the 21 day of July 2008, he/she has initiated a complaint on the named defendant, Porter, Dorthy Jean, for the crime(s) of Count 1 murder first degree, Count 2 unlawful possession of a firearm by convicted felon, Idaho Code Section()L 18-4003/18-3316.

3. That attached hereto and incorporated by reference is a true and correct copy of my report outlining the factual basis for the aforementioned charge(s), submitted for the purpose of establishing probable cause.

4. That the following statement is offered as probable cause if no report is attached.

On 07-21-2008 at about 2353 hrs. Bingham County Dispatch Center received a 911 call stating that a subject has shot himself at 752 East 600 North, Firth (Bingham County), Idaho 83221. Bingham County Deputies Kathy Hall and Aaron Aikele were dispatched to the above address along with emergency medical personnel.

Bingham County deputies arrived at 752 East 600 North, Firth, Idaho at about 1200 hrs. They made contact with an adult male identified as Rich Bingham, and a female adult later identified as Porter, Dorthy Jean SSN 518-76-6418, DOB: 11-01-1956 standing outside the single-family home, on the south side of the home. Bingham told sheriff's deputies that her husband killed himself, he is in the front room in the chair.

Deputy Hall and Aikele entered the home and located a male subject sitting in a recliner-type chair, just inside the front door. They observed blood on the subject's face and shoulder, and there was a firearm lying in the subject's lap, and he was deceased. The male was later identified as Porter, Greg Andrew SSN: 196-56-3330, DOB 08-16-1962.

On 07-22-2008 at about 1235 hrs. I, Detective Nalley, was contacted via telephone by Detective Lt. Newbold advising of the shooting that took place at 752 East 600 North, Firth, Idaho. I was advised that I as to respond to the scene. At about 1247 hrs. I, Detective Nalley, was in route, and arrived on scene at 0103 hrs.

I meet with Deputy Kathy Hall and she briefed me on what she had observed so far. Hall advised me that they had located blood on Porter, Dorthy's hand. Hall stated that they did photograph Dorthy's hand and they placed rubber gloves over her hands to protect any evidence. I told Deputy Hall to make sure that someone was with Dorthy at all times.

I, Detective Nalley, entered the home through the front door and made contact with Bingham County Patrol Sgt. Jeff Gardner and Deputy Aaron Aikele. I observed a male subject seated in a recliner-type chair. The chair was facing north/west, just inside the front door, in the living room. Male subject was seated in a reclining position, on his back. Male's hands were in his lap, fist practically clinched, with the backs of his hands facing up. There was a large 22-caliber handgun sitting on a coffee table on the other side of the living room, from the body. The firearm was later identified as a Ruger 22 Charger 22 Cal. Handgun, serial No. 490-05486, measuirng 18 inches long. Sgt. Gardner informed me that they had removed the gun from the subject when medical personnel arrived on the scene. I was told that they photographed the gun in place prior to the gun being moved. I observed what appeared to be a single gunshot wound to the top right side of the forehead. The wound did not appear to be a contact wound, and appears to be going in a downward path.

I looked at the entrance wound closer and it had a large amount of blood that had come out of the head wound and ran down the right side of the cheek to the shoulder. On the right side forehead there was a misty pattern of blood that appeared to be a high-velocity mist. I observed the male subject's hands on the back and inside palm, and did not see any indication of any blood on the hands anywhere. In my training and experience there is always an amount of blood on the tops of the hand, caused by blow back, in a self-inflicted gunshot wound.

I observed the handgun lying on the coffee table and did not find any blood on the gun. It is normal to have blood and human tissue on the barrel of a gun, when it is a self-inflicted wound, or a contact wound. I looked at photographs to the gun prior to being removed from the male subject's lap. The gun was sitting in his lap pointing upwards toward the left shoulder. It was sitting on the left side of the body, over top of the left hand and arm, with the top of the gun facing down.

I requested that Deputy Hall ask Dorthy Porter if her husband Greg was right or left-handed. I also requested that Hall ask Dorthy if she was right or left-handed. Deputy Hall came back and told me that she was told that they were both right-handed.

In observing the crime scene and basing what I was seeing on my training and experience the evidence observed this far was indicating that this was not a self-inflicted gunshot wound.

I called Detective Lt. Newbold via cell phone and explained to him what I had seen this far. I requested some additional assistance from other detectives. Newbold told me that he would have Detective Marvin and himself would be responding. I then advised that I would be contacting the prosecutor and requesting a search warrant before we continued our investigation on the inside of the home. I had all persons in the home leave the home at that time.

I telephoned the on-call prosecutor Dave Hooste via cell phone. I explained to him the case that I was investigating and requested a search warrant for the home. Hooste advised that he would be en route to our location. Hooste arrived a short time later, and was again briefed on the investigation.

I made contact with the female adult, who had been identified to me as Porter, Dorthy. She still had on the latex gloves that Deputy Hall had placed on her hands prior to my arrival. I introduced myself to her and told her that I would like to look at her hands and photograph them if she would allow me to do this. Dorthy agreed to do this.

While standing next to Dorthy along with Deputy Hall I overheard Dorthy say to her sister, "I killed my husband." Dorthy's sister spoke up, saying you did not kill him, he shot himself. Dorthy then started crying.

I had Deputy Hall remove the latex gloves from Dorthy's hands, and I looked at them using my flashlight. On Dorthy's right hand I observed what appears to be blood on her right hand point finger and on the top of her right hand. There was a gray colored substance on her right thumb that appears to be gunshot residue. I photographed the entire right hand of Dorthy Porter. I then looked at her left hand, and observed gray colored substance on her left thumb that appeared to be gunshot residue.

While waiting for the search warrant Deputy Hall told me that Dorthy had told her that she and her husband Greg had been arguing over the phone being dirty. Dorthy made the comment that she was in the bedroom and Greg had hid her cell phone, and car keys. (During the course of the investigation, a set of car keys were located hanging on a knife, mounted on the wall in the living room above the victim, in plain view. Two cell phones were located under a pillow, on the bed that Dorthy had stated she had been sleeping in.) She went back out to get these items and she stated that Greg was standing in the hall facing the back bedroom, and fired two gunshots at her (During the course of the investigation there was two bullet holes found in the kitchen flood, and one hole in the wall between the kitchen and living room. The carpet was pulled up down the hallway, and there was no bullet holes in the hallway at all.) Hall stated that Dorthy commented that she was scared, but then went in and went to bed. Hall stated that Dorthy then said she heard a third shot, and went out into the living room to find her husband had shot himself.

Bingham County Sheriffs Sgt. Jeff Gardner returned to the scene with the original search warrant and copies. Lt. Newbold, Sgt. Gardner, Dept. Hall and I entered the home and started a crime scene investigation. Evidence was located, photographed, marked and collected.

The evidence points to the fact that this is not a self-inflicted gunshot wound. The only persons in the home at the time of the shooting were the deceased, Greg Porter and his wife, Dorthy Porter.

For further detail see Report No. 01-2008-04829.

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