Probable cause affidavit released in capital murder case
A probable cause affidavit provides additional details about allegations against a Leavenworth County man who is charged with capital murder.
A redacted copy of the affidavit, which was prepared in the case of Donald R. Jackson Jr., was released Tuesday by a judge.
Jackson, 40, is charged with capital murder for allegedly killing his two sons.
The affidavit was prepared by Detective Cpl. Sarah Flaherty of the Leavenworth County Sheriff’s Office in support of charges filed against Jackson.
According to the affidavit, deputies from the Sheriff’s Office responded to a report of a dead 12-year-old boy on Oct. 24 at a residence on Hillside Road, which is near Lansing.
The body of the boy had been found after his father, Jackson, failed to show up for a soccer game with his four children. Jackson also reportedly was not answering his phone.
Family members of Jackson entered the home to look for him and the children. The boy was found lying in a pool of blood. He had been shot once, according to the affidavit.
A bullet was recovered from a couch in the living room. An empty shell casing for a .40 caliber bullet was recovered from the area of the kitchen floor behind the couch.
The body of a 14-year-old boy was found in a bedroom. He was shot twice, according to the affidavit.
Two empty shell casings for .40 caliber bullets were found on the bed.
An Amber Alert was issued for the two sisters of the boys and Jackson.
Jackson and the girls reportedly were located in Beckham County, Oklahoma. The girls were said to be OK.
According to the affidavit, a .40 caliber handgun was found in the door pocket of a driver-side door of Jackson’s vehicle.
Other information from the affidavit was redacted before the document was released.
The affidavit initially was not available to the public. But the Leavenworth Times and other news agencies requested its release.
District Judge Gerald Kuckelman ordered the release of the document with redactions recommended by attorneys for Jackson.
Jackson’s attorneys requested the affidavit remain sealed but provided proposed redactions as an alternative.
During a hearing Monday, Kuckelman said he was not inclined to seal the entire document. But the judge said the recommended redactions were appropriate.
Jackson remains in custody at the Leavenworth County Jail. He is next scheduled to appear in court Dec. 14 for a motions hearing.