Waco attorney Seth Sutton was entrapped in a murder-for-hire scheme by an overzealous undercover Waco Police officer who took advantage of their friendship and volunteered to kill a man accused of sexually abusing two of Sutton’s family members, a motion from Sutton’s attorney claims.
Dallas attorney Clint Broden, who represents Sutton on his solicitation of capital murder charge, said Thursday the undercover officer who infiltrated Sutton’s motorcycle club exploited Sutton’s “natural reaction” to fantasize about killing the man and “tried to turn the case into a Dateline mystery.”
Broden, who met Sutton when both attorneys were representing bikers arrested after the 2015 Twin Peaks shootout, filed a motion to compel discovery in Sutton’s case on Thursday. The motion includes photos of the officer with a long beard and tattoos smoking a pipe and hugging another member of Sutton’s Red Mouse Cult motorcycle club.
Also attached to the motion are photos of scrapes and abrasions on the abdomen of Sutton’s close family member that purport to show the effects of being groped by former Waco attorney Marcus Daniel Beaudin, who authorities allege was the intended victim in Sutton’s murder solicitation scheme.
Beaudin was indicted in June on a third-degree felony count that charges him with attempting to expose the breast of a teenage girl and fondle her in May 2016. The girl is a family member of Sutton’s. The charge against Beaudin remains pending.
Beaudin is the ex-husband of former Waco attorney Chelsea Tijerina, who died in a motorcycle wreck in May in Hays County near her home. Tijerina and Sutton were indicted in August 2020 in the alleged plot to kill Beaudin.
According to arrest affidavits, Sutton solicited the officer after he became a member of Sutton’s motorcycle club. The pair talked of killing Beaudin and how the officer would leave town after committing the murder.
Tijerina and Sutton met with the undercover officer and provided details about Beaudin’s whereabouts and plans to commit the murder, according to the affidavits. Sutton gave the officer $300 to buy a gun to kill Beaudin, the records state.
Broden’s motion alleges the officer had spent almost six months and “taxpayer time and money with the Red Mouse Cult with little, if nothing to show for it.”
In May 2020, Sutton lamented to the officer about what Beaudin reportedly had done to his family members, according to the motion.
“Unwisely, but perhaps understandably, Seth verbalized his fantasy of killing the sexual predator and then (the officer) asked if he thought about how he would do it and Seth continued to share his fantasies about how he might kill the sexual predator,” the motion states. “Although, at the time, there was absolutely no indication that this was any more than the fantasy of a devastated (loved one) who believed he let his family down, this did not stop (the officer) from exploiting Seth Sutton’s pain. Indeed, (the officer) apparently delighted in the fact that the past half year might not have been a colossal waste of time and money.”
The motion says the officer did not notify authorities as required by law after learning of the alleged sexual assault of Sutton’s family members nor did he warn Beaudin that he was in potential danger.
“Instead, (the officer) devised a game plan wherein he would insert himself in the situation and then falsely claim that Seth was hiring him to kill Beaudin,” the motion alleges.
The motion says the officer “regaled” members of the motorcycle club with stories of his military exploits and told Sutton he could not be the one to kill Beaudin. Instead, the officer said he would do it, saying he would “engage in what we call in the Marines, leader recon,” the filing says.
“In other words, (the officer) skillfully turned it from Seth fantasizing about personally killing the man who wrought havoc on his family to (the officer) killing Beaudin,” the motion alleges.
The officer solicited $300 from Sutton to buy an untraceable gun but did not seek any money to carry out the “contract hit,” according to the motion.
Broden’s motion seeks Sutton’s and Tijerina’s phone records; the officer’s reports relating to his undercover work with the Red Mouse Cult MC; any internal affairs or complaints against the officer; and Texas Ranger investigative reports.
Judge Thomas West of Waco’s 19th State District Court has set a hearing for next week to consider the discovery motion.