United States District Court, M.D. Pennsylvania
H. Rambo United States District Judge
the court is the motion to suppress (Doc. 107) filed by
Defendant Ernest Kyle Dyer (“Mr. Dyer” or
“Defendant”). Having considered the briefing
submitted by the parties, the documentary evidence, and the
testimony of the officers, the court will grant the motion in
part and deny the motion in part.
5, 2017, Starr Bowman called 911 to report that that she had
been physically attacked by her boyfriend, Ernest Dyer. York
county officers Joshua Phillips and Po Engle located Ms.
Bowman at the Sunoco gas station on North Sherman Street in
York. There, she told them-both orally and
through a written statement-that she lived at 515 South Queen
Street with Mr. Dyer. According to Ms. Bowman,  Mr. Dyer had been
sexually trafficking her and a woman named Summer Bechtold,
sometimes out of his house and other times at a motel,
despite being a convicted felon under house arrest. Mr. Dyer
paid Ms. Bechtold in drugs, and sometimes used drugs and
violence to coerce the women, but stopped trafficking Ms.
Bowman upon her request. Ms. Bowman continued to help Mr.
Dyer manage the women by feeding, transporting, and
disciplining them. Ms. Bowman stated that Mr. Dyer was
violent, previously assaulting her by pouring cooking oil on
her vehicle and attempting to set it ablaze while she and her
children were inside.
calling the police, Ms. Bowman had gone to her neighbor's
house looking for a prescription bottle of thyroid medication
that belonged to her. Upon returning to her home, she and Mr.
Dyer began arguing and, as their conflict escalated, he
brandished a forty caliber Hi-Point pistol and struck her in
the left eye with it. Ms. Bowman stated that she was familiar
with the weapon because Mr. Dyer's mother had purchased
it on his behalf, he frequently fired the gun in the
backyard, and he kept it in an orange backpack by his night
stand. Ms. Bowman informed police that, in response, she fled
and began receiving calls from Mr. Dyer, telling her she
should return to the house “with a body bag.” As
a result, she contacted the police.
Bowman also made several other statements not directly
related to the altercation, including that Mr. Dyer hired men
to rape her as punishment, and that she knew they were hired
because they would say things during the assault that only
Mr. Dyer could know. She claimed Mr. Dyer paid off police,
such that when she would call in, police would arrive,
dismiss her claims, then leave. She believed that when she
would take taxi cabs, the drivers would be hired by Mr. Dyer
and would report to him. She stated that Mr. Dyer had once
choked a woman until she was unconscious while having sex
with her in the house, potentially killing her. Ms. Bowman
also told police Mr. Dyer had murdered people in New Jersey.
police examined Ms. Bowman's eye and took photographs of
it, concluding she had swelling and injuries consistent with
Mr. Dyer having struck her in the face. They also followed up
on her explanation of how Mr. Dyer acquired the handgun,
confirming that his mother had in fact gone to a gun store
and purchased the exact pistol Ms. Bowman claims Mr. Dyer
struck her with. The officers confirmed Mr. Dyer was a
convicted felon thus barring him from legally possessing a
firearm. They also confirmed Ms. Bowman's car had burn
marks. The police, however, took no efforts to corroborate
Ms. Bowman's claims that Mr. Dyer was offering drugs to
his prostitutes, nor did they follow up on what were likely
some of the worst crimes she accused him of-murdering
multiple people, paying a man to rape her, attempting to
murder her and her children, and paying off police.
information was at some point relayed to Special Agents
Donald Asper and Angela Strauss, who proceeded to conduct
their own interview of Ms. Bowman. On July 6, 2017, Agents
Asper and Strauss transmitted that information to Detective
Mark Baker. He proceeded to rely upon it in drafting an
affidavit and warrant application to submit to a York County
Magisterial Judge. He listed the following information in his
1. Your affiant, Detective Mark Baker, is a sworn police
officer with the Northern York County Regional Police
Department (NYCRPD) and has been so employed by this agency
for 13 years. Your affiant is a member of the criminal
investigation division and a Task Force Officer with the
Federal Bureau of Investigation (FBI). Your affiant is also a
sworn Special County Detective for the District
2. On 7/6/2017, your affiant was contacted by Special Agent
(SA) Donald Asper from the FBI regarding an incident which
had occurred last evening involving Starr Bowman.
3. Your affiant spoke with SA Asper who indicated a female in
York City was assaulted by a male identified as ERNEST DYER.
4. A copy of the incident report taken by York City including
the victim's written statement was forwarded this officer
5. On 7/5/2017, Starr Bowman indicated she had left her
dwelling to go to a neighbor's house to get some
prescription medications which were hers.
6. Bowman advised she lives at 515 South Queen Street in York
City with her boyfriend, ERNEST DYER.
7. Bowman indicated when she returned to the house, a verbal
altercation ensued between her and DYER.
8. During the altercation, DYER brandished a Highpoint .40
caliber pistol and struck Bowman in the left eye with the
9. Bowman then indicated DYER pointed the pistol at her.
10. Bowman indicated she fled the residence to an undisclosed
11. Bowman further advised after the incident, DYER started
to threaten her via phone stating things such as “bring
a body bag”
12. Bowman stated DYER has threatened her life in the past
and she currently fears for her safety.
13. Bowman advised approximately two weeks prior, another
verbal altercation ensued with DYER and during this, he
poured cooking oil on her vehicle, which contained her
12-year-old and 5-year-old children.
14. Bowman advised DYER then tried to light the oil on fire
while her children were still in the vehicle.
15. Bowman contacted the York City Police Department who
responded and conducted an initial investigation.
16. Photographs were taken of the injuries to Bowman by York
City Police which included a bruised area around her left eye
and considerable redness and swelling.
17. On 7/6/17, an interview was conducted by SA Donald Asper
and SA Angela Strauss of Starr Bowman.
18. Bowman confirmed the above account as stated the previous
19. Also during the interview, Bowman disclosed there may be
illegal drugs located in the residence.
20. A search was done of the criminal history of ERNEST DYER
and it was discovered based on his past record, DYER is a
person not to possess a firearm.
21. Based upon above information, your affiant requests a
search warrant be issued for the residence of ERNEST DYER for
the aforementioned items listed on page 1.
(Doc. 116-2, pp. 3-4.) Detective Baker included in the
application a request for authorization to seize three
categories of items during the search: “Firearms,
illegal drugs, cell phones possessed or belonging to Ernest
Dyer.” (Doc. 116-2, p.2.) At 8:40 that evening,
Magisterial Judge Barry Bloss signed the warrant.
next day, Detective Baker executed the search warrant at 515
South Queen Street, along with, among others, Special Agent
Ryan Anderson. Upon entering the home, the officers found Mr.
Dyer and Summer Bechtold in bed together. In other parts of
the house, police located Mr. Dyer's mother and son,
Annie Dyer and Raekwon Grant. They handcuffed Mr. Dyer. They
then realized there was a bench warrant out for Ms.
Bechtold's arrest, so the officers handcuffed her as
well. Upon questioning, Mr. Dyer led police to a vacuum in
the kitchen closet where a forty-caliber Hi-Point handgun was
located. Police proceeded to continue searching the house for
contraband and ended up seizing the following items:
(1) 1 HiPoint .40 S/N X7259647 with 10 rounds, Magazine
(2) 1 Swann DVR and charger
(3) 1 Plastic packaging with Apple brand
(4) 1 $270 USC
(5) 1 $36 USC
(6) 1 Silver LG Cell Phone
(7) 1 Gray LG Cell Phone
(8) 1 Silver LG Cell Phone with cracked ...