Affidavit for Arrest Warrant
Affidavit for Arrest Warrant
Vs.
THE FACTS tending to establish the grounds for this application and the probable cause of
Affiant believing that such facts exist are as follows:
On February 3, 2025, 1 as requested 0 respond to 720 Cental BLVD, Melbourne, FL, in reference toa
posite homicide allegation
It was state the reporting pry, Kesten Rutherford, attempted t report this allegation person,
however; anc ating a the Pim Bay Police Degariment, she saw th suspect the parking ot. For
11S reason, she turned around and went home. Krsten Rutherford then called the Pa Say Police
Department and requested for a Detective to respond a her house
he following in summary) during an audio recorded interview wit Kristen
Upon my ariva, earned
Rathertord
Kristen Rutherford and the suspect, Christopher “Chris” Balter, have been best friends since the 7
rade. She explained on February 1, 2025, she was actively texting Chis Balter ina group cht with he
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other female friend, Alexandra Freeman. In this chat, at 2008 hours, Chris Balter texted the chat group
and advised his grandfather passed away.
Kristen Rutherford explained his grandfather was in his 90's and on hospice care. His grandfather
resided at 1831 Ardmore St NE, Palm Bay. Furthermore, Chris Balter had resided with his grandfather
since November of 2024. Chis Balter's grandfather was identified as Gilbert Batter. This incident
occurred inside Gilbert Bater's residence within the city limits of Palm Bay.
With this information, Kristen Rutherford stepped away from her family (front porch) to speak to Chris.
Balter over the phone. Making sure he was doing okay, Chris Balter explained he was currently out
‘eating sushi at a local sushi restaurant in Palm Bay. During this phone conversation, Chris Balter told
Kristen Rutherford he “killed his grandfather. Chis Balter then explained he fed his grandfather several
of his (Chris Balter’s) prescribed medication to kill him. Chris Balter mentioned the main narcatic to be
Ambien (Zolpidem)
Chris Balter further stated his grandfather wasat a funeral home and wasabout to be cremated,
therefore; no evidence would be found of this ever happening. It was further explained, by Chris Balter,
his grandfather was in a “vegetative” state and could not move or speak for the past four days.
Kristen Rutherford ended their phone conversation and was distraught over the statement Chris Balter
‘provided to her. kristen Rutherford further stated this was the fast time they spoke.
Kristen Rutherford explained she struggled with reporting this incident because she’s terrified of Chris
Bakter's connections with the city. She explained from 2013 to 2022, Chris Balter was the Urban Planner
for the City of Paim Bay. Currently, he is the Director of Planning and Development for Indian River
‘County. She advised Chris Balter knowsa lot of peaple who work with Palm Bay to include several of his
closest friends. These friends range from former to current city of Palm Bay employees to Palm Bay
Police personnel.
At this time, it i unknown to Kristen Rutherford why Chris Balter was in the Paim Bay Police parking lot
when she went to report this incident. She further suggested Chris Balter could have been drunk when
he stated he killed his grandfather. According to Kristen Rutherford, Chris Balter has a drinking problem
and has had three DUI's.
Given this information, Kristen Rutherford agreed to conduct a controlled phone call per my request
Using Kristen Rutherford's phone, she called Chris Balter and placed him on speaker phone. Chris
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Balter’s phone number saved in Kristen Rutherford's phone was 321-693-1010. |, Detective Cpl. Kirk
#133, recorded their conversation. The following was stated:
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“This conversation continued while thy argued back and forth. Kristen Rutherford brought the death
back upin which Chris Balter sad he “help him 10 his next fe”, Kristen Rutherford further tld Chris
Balter he will Rav to five with this decision to "help him out”. Chis Balter told her he "will sieep gladly
at night”.
Kristen Rutherford was sworn nto her statement attesting everything she provided was the full ruth.
Contact was made with Amedisys who put me in contact with Monique Sorie (Director of Operations)
She confirmed Gilbert Balter was in fact a patient of theirs. Furthermore, Amedisys agreed to send over
Gilbert Balter’ case file.
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While reviewing Gilbert Baiter's case file from Amedisys, i was learned he became a patient of
Amedisys Hospice on January 6, 2025. Per the file, it was reported Gilbert Baiter resided at 1831
Ardmore St NE, Pai Bay. Chris Balter (grandson) was listed as an emergency contact. Chris Balter's
address on file was 1737 Ardmore St NE, Palm Bay. Chris Balter's phone number listed was 321-693
1010 (Same number asKristen Rutherford provided from her phone). Dawn Balter (Daughter in law) and
Robert Balter (Son) was sted as the primary carefaker/Legal Representative. Robert Balter was directly
listed a Gilbert Balter's POA (Powerof Attorney).
RN Kayla Love was assigned to Gilbert Balter as his Case Manager. Zach McGuire was fisted as Gilbert
Balter Social Worker. RN's Jason Sternberg and Rhonda lckowski were listed as team members. The
Fountainhead Funeral Home was iste and a DNR was signed by Gilbert Balter (remained on the fridge).
The main diagnoss for hospice care was “Diastolic Heart Failure”.
Home visits mainly consist of RN Kayla Love, Social Worker Zach McGuire, and RN Jason Sternber,
which begun on January 7, 2025. These visits were almost daily until the day Gilbert Balter passed away.
These home visits were logged, and summarized; by the individuals who visited Gilbert Balter leading to
his death. The following are some of the reported visit in summary:
RN Kayla Love - 1/7/25 Evidence ofdecline. The past 3 months Gilbert Bater had fallen 2 times resulting.
in skin tears that led to infections. On this day, Gilbert Balter was seen sitting at his kitchen table and
alert. RN Kayla Love received verbal conformation (by Gilbert Balter's doctor, OR. Guarang Patel) that
Gilbert Baiter'sfiness is terminal.
Edward Clark, CH ~ 1/8/25: Wes greeted by Dawn Balter, Gilbert Balter was Jewish but declined
interactions with Rabbi. Edward Clark was directed to not say the word “hospice” to Gilbert Balter.
RN Kayla Love ~ 1/8/25 Greeted by Dawn Balter and witnessed Gilbert Bater alert and sitting in a chair
No signs of distress.
RN Kayla Love ~ 1/13/25: Greated by Dawn Balter. Gilbert Baler was iting at the kitchen table. Gilbert
Balter was alert and reported of sleeping better
at night and being able to st up in bed
‘Zach McGuire ~ 1/13/25: Upon his arrival, Gilbert Baker was sitting at the kitchen table. Gilbert Balter
was alert and pleasant. Gilbert Balter denied being in any pain. Gilbert Balter reported what matter
most to him was to “ive longer”.
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RN Kayla Love~ 1/17/25: Greeted by Dawn Balter. Gilbert Balter was seen sitting in a chair. He was alert
and advised his pain wasa 6 out of 10.
RN Kayla Love 1/21/25: Gilbert Balter was seen walking inside his residence and sat down in his chair.
He explained he was not doing well and stated hs pain was a 5 out of 10. Medication was administered
(25m of Morphine)
Rhonda fckowski 1/26/25: Greated by Dawn and Chis Balter. Chris Balter stated Gilbert Balter took his
‘oxygen mask off during the night. Chris Balter ls0 said Gilbert Balter got aut of bed and walked to the
bathroom early in the morning. At tis time, Gilbert Balter was awake and alert. Gilbert Balterwas also
seen watching TV by Rhonda Ickowski.
RN Kayla Love ~ 1/28/25: Greeted by Dawn and Cis Balter. Gilbert Baler asked fora cheeseburger fast
night and ate some yogurt today and additionally asked for a sandwich.
RN Kayla Love ~ 1/29/25: Greeting by Robert Balter. twas explained Gilbert Balter was up all night
restless and wanted to get out of his bed. Further medication was administered to Gilbert Balter
(Morphine and Lorazepam). Gilbert Balter was ying in bed, denied any pain, and was alert.
RN Kayla Love - 1/30/25: Greeted by Robert Balter. Gilbert Balter was trying to get out of bed (ast night)
again despite being given Haldol. Gilbert Balter was currently sleeping but was minimally responsive at
the time of thi visit (1746 hours). Catheter was put in to prevent Gilbert Balter from getting up at night
RN Jason Stemberg~ 1/31/25: Gilbert Balter was reported to now being nonverbal and sleeping more.
RN Jason Sternberg - 2/1/25: Gilbert Balter was reported as nonverbal and sleeping (0747 hous).
February 1, 2025, at 1745 hours: Dawn Baiter called and advised Gilbert Balter passed away. RN Jason
Stenberg retuned to the residence and pronounced Gilbert Balter’ death at 1841 hous.
Contact was made with RI Jason Sternberg, who advised the following in summary, during a sworn
audio recorded interview:
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Jason Sternberg explained over the past couple of days he was assigned to the care of Gilbert Balter of
1831 Ardmore St NE. Jason Sterberg advised he saw Gilbert Balter a total of three times. Once on
January 31°, 2025, and twice on Feb 1, 2025.
‘When he went to pronounce Gilbert Balter, that was Jason Sternberg's second visit on Feb 1°. Jason
Sternberg explained during these visits, Gilbert Balter was in a “coma” like state and was non-verbal.
This confirmed the statement provided by Chris Balter that Gilbert was in a “vegetative” state, however;
Chris Baiter alleged Gilbert Balter was in this state for four days, but hospice records prove Gilbert Balter
was til alert on January 30, 2025 (1wo days before his death),
Jason Sterberg was asked wha was present inside the residence at the time he pronounced Gilbert
Balter. He stated Gilbert's son, wife, and possibly his grandson (Chris Balter) was inside the residence.
Jason Sternberg further stated a camera was set up in Gilbert Balter's bedroom which faced Gilbert
Balter's bed. Jason Sternberg s unsure if it was on or was used by the family. Jason Sternberg further
statedit was common to see cameras in the bedroom of hospice patients.
Jason Sterberg explained on January 31, 2025, Gilbert's son (Robert Balter) picked up hs prescription
from the pharmacy.
Atthe time of Gilbert Balter’s death, the following prescribed amount was collected by Jason Sternberg:
+ Haldol ~7ML remaining
Liquid Morphine ~ BML and one unopen bottle of 30ML
«Lorazepam- 34 remaining pills
Per Jason Stemberg's assessment on the medication amount used, it was an appropriate amount based
on their recommendations.
Jason Sternberg explained he taught Robert Balter how to administer the Lorazepam to Gilbert Balter as
this was a pil Jason Sternberg stated, due to Gilbert alters state of condition, one would have to
dissolve the pill with water and suck it up with a syringe. Once that was accomplished, one would have
10 put the syringe inside Gilbert Balter’s mouth and spray it down his throat while hitting different spots
in his mouth.
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Jason Sternberg instructed Robert Balter to do this between his visits on February 1, 2025, as Robert
Balter called Jason Sternberg reference to Gilbert Balter's declining condition. Jason Sternberg
confirmed Robert Balter was the only one he taught and instructed to provide medication to Gilbert
Balter.
Due to Jason Stemberg’s minimun interactions with Gitbert Balter prior to his death, he had no further
information to provide. Jason Sternberg also confirmed Gilbert Balter was not able to speak during the
time he cared for him.
Detective Sanchez, (0 241, ran a prescription history on Chris Balter through E-forcse. The following was
discovered:
Atotal of 57 prescribed prescriptions was found under Chris Balter's name, date of birth, and addresses
(1831 Ardmore StNE and 1905 Gould Ave SW). A total of4 Prescribers were found with a total of 4
Pharmacies used by Chis Balter.
Chris Balter's found prescriptions were of Testosterone CYP 200 MG/ML, Viberzi 100 MG Tablets,
Hydrocodane-Acetaniin 5-325MG, Alprazolam 0.SMG Tablets, and Zolpidem 10 MG Tablets (Ambien). it
was discovered between 01/2022 to 05/2023; Chris Baker had a total of 1 prescriptions filled of
Zolpidem (Ambien) that totaled 300 pis of 10MG Tablets and 30 Pills of 5MG Tablets totaling 330
combined pills.
On the day this was reported to law enforcement, Gilbert Balter was located at Fountainhead Funeral
Home in Palm Bay. The funeral home was contact when they advised the family signed the paperwork
for Gilbert Balter to be cremated. A hold was put on the cremation as ME. Investigator Brett was.
notified of the situation. The Medical Examiner elected to take the case due to the allegations. Gilbert
Balter was taken from Fountainhead and transported to the Medical Examiner's office for an autopsy.
The autopsy was performed on February 4, 2025, by Dr. Schmidt. The Medical Examiner report found
the following in summary:
Levels of Morphine (200 ng/mL), Zolpidem (81 ng/mL), and Lorazepam 49 ng/mL), was found in Gilbert
Baiter’s blood. These findings confirm that Chris Balter’s statement of providing Gilbert Balter Ambien
(zolpidem) is true.
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Or. Schmidt advised the cause of death to be, “Atherosclerotic and Hypertensive Cardiovascular
Disease”. However, she found other significant condition, “The combination of Morphine, Zolpidem
(Ambien), and Lorazepam toxicity cannot be ruled out as contributory to the death’. For this reason, Dr.
Schmidt ruled the manner of death to be, “Undetermined”.
State Attorney's Office further examined the toxicology report by sending the report to their
independent toxicologist. It was explained the toxicologist believed the amount of Ambien found in the
victim's blood was withina therapeutic range of dosage and cannot testify the Ambien did or could have.
caused the death of the victim.
Some further investigation was completed where a quit claim deed was found that was recently
submitted to the clerk of courts by Chris Balter. The address on the deed was Gilbert Balter address of
1831 Ardmore St NE. This quit claim deed was prepared by Chris Balter and for $10, Gilbert Baiter's
residence was deeded over to Chris Balter, The document had Chris Balter's signature, Gilbert Balter's
signature, Breanne L Meagher (2815 Cameron St Melbourne) signature, and Kristen Rutherford
signature. Kristen Rutherford's signature was used asa witness. Breanne L Meagher's signature was.
used as another witness and notary. Breanne L Meagher signed this document and provided her notary
stamp (HH 139301) on this document and dated it January 6, 2025. This was the date the deed was also
filed by Chris Balter, the same day Gilbert Balter was admitted into hospice.
After seeing Kristen Rutherford's signature and name (as a witness) on this deed, | contacted her to ask
further questions, Kristen Rutherford advised in early January; Chris Balter came to her residence with
this deed asking her to notarize the deed. Kristen Rutherford stated Gilbert Baiter's signature was.
already signed and placed on the document. Because of this, she refused to notarize the document as
she did not witness Gilbert Baiter sign. Chris Balter was upset as they begun to fight about it. Chris Balter
left without Kristen Rutherford's signature.
Kristen Rutherford further provideda screen shot ofa text message conversation she was having with a
female friend (who also knew Chris Batter) that occurred on January 6, 2025. During this text
conversation, Kristen Rutherford told her friend Chris Balter tried to have her sign his quit claim deed
the night prior (January 5, 2025). Kristen Rutherford texted the following:
Kristen Rutherford: “He showed up at my house last night asked me to sign the quick claim deed”
Friend: “wtf”
Kristen Rutherford: “I said fm not notarizing it”
Friend: “No just no”
Kristen Rutherford: “he said that's ok Breanne already did”
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Kristen Rutherford then stated she did not witness that document or sign the deed. Kristen Rutherford
stated if her name and signature is on Chris Balter's deed, he forged her signature. She further
confirmed she has not been around Breanne Meagher (notary) ina couple of years; therefore, she could
not have witness Kristen Rutherford sign the deed either and falsely notarized the document.
Kristen Rutherford stated Breanne Meagher use to work for Kristen Rutherford at the school in which
she is a director for. Kristen Rutherford had to fire Breanne Meagher due 10 catching her smoking in the
school's bathroom. Kristen Rutherford has not had any contact with Breanne Meagher since that
incident.
(Chel Batter fatsified the quit claim deed and forged Kristen Rutherford's signature one month prior from
claiming he murdered his grandfather, Gilbert Balter (owner of 1831 Ardmore St NE. Because of this,
Chris Balter is now the sole owner to Gilbert Baiter's residence.
On February 6, 2025, Alexandra Freeman (close friend to Chris Balter), called the Paim Bay Police
Department and advised the following in summary, during an audio recorded and sworn statement:
On Monday, February 3, 2025, Chris Balter called Alexandra Freeman and said he had a conversation
with Kristen Rutherford over the phone. Chr Balter described Kristen Rutherford as going crazy. Chris
Balter then told Alexandra Freeman he gave his grandpa (Gilbert Balter) Ambien. Alexandra Freeman
asked Chris Balter f he called hospice. Chris Balter stated he did call but they did not further discuss this
issue over the phone. Alexandra Freeman told Chris Balter she had to go because her child was having
behavioral issues.
Both Kristen Rutherford and Alexandra Freeman provided sworn statements which stated Chris Balter
fed his grandfather (Gilbert Balter) Ambien. Kristen Rutherford's statement further explained Chris
Balters intentions was to "kilt his grandfather (Gilbert Batter).
A controlled phone call was conducted between Kristen Rutherford and Chris Balter which revealed
Kristen Rutherford telling Chris Baiter, “You called me and said | killed him while you were in a
restaurant.” Chris Balter's response, *I didn't ill him. | helped him out.” During this controlled phone
call, he further confirmed he provided his grandfather (Gilbert Baiter) with Ambien, a medication that
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was not prescribed to Gilbert Balter. Chis Balter later told Kristen Rutherford he would have done the
same for her f she needed it.
Further research revealed Gilbert Balter was never prescribed Ambien (Zolpidem). Chis Balter was
prescribed several battles of Ambien (Zolpidem) in the past. A conversation was documented between
Gilbert Batter and his Case Manager, ach McGuire, when they spoke about Giltrt Balers want to “Ive.
fonger.” This conversation took place approximately 19 days prior to Gilbert Balter's death.
Lastly, another statement provided by Kristen Rutherford revealed Chris Balter forged her signature on a
quit claim ded to the victin's house. This resulted in Chis Baler becoming the owner of Gilbert
Balter's residence. This document was falsified and submitted by Chris Balter less than a month prior to.
him feeding Gilbert Balter his Ambien (Zolpidem)
For these reasons, | Detective Cpl. Krk #133, find probable cause to take Christopher Balter into custody
for Delivery of a Controlled Substance, FSS 893.13(1)(a)2), and Forgery, FSS 831.01.
Based on the above facts, statements and physical evidence provided, your Affiant has probable
cause to believe and does believe that the above listed probable cause, all leads to the
substantiation that defendant, Christopher Michael Balter, has committed a violation of the
laws of the State of Florida, to wit: Delivery of a Controlled Substance, contrary to section
893.13(1)(a)(2), Florida Statutes, State of Florida, to wit: Forgery, contrary 10 section 831.01,
Florida Statutes.
Your Affiant, Detective Cpl. Chad Kirk #133 (hereinafter referred to as Your Affiant) is a
swom Law Enforcement Officer employed by the Palm Bay Police Department who graduated
thie 770-hour law enforcement police academy in October of2018 and have been employed with
the Palm Bay Police Department since graduating the academy. In which time, your affiant has
investigated several violent cases leading to the completion of several arrest affidavits.
Furthermore, your affiant has authored many past warrants for multiple crimes.
WHEREAS, your Affiant makes this affidavit and prays for the issuance of an Arrest Warrant
with authority to effect the arrest of Christopher Michel Balter for the violation of the laws of
the State of Florida, to wit: Delivery of a Controlled Substance, contrary fo section
$93.13(1)(@)(2), Florida Statutes. State of Florida, to wit: Forgery, contrary to section 831.01,
Florida Statutes.
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Ht Co) ce oD 11
DETECTIVE CPL CHAD KIRK #133
PALM BAY POLICE DEPARTMENT
Afant
SWORN TO AND SUBSCRIBED BEFORE ME THIS _31st___ DAY OF __2025__,
AD. 2025 BY Detective Cpl. Chad Kirk #133 (Aflian) WHO IS PERSONALLY KNOWN TO
ME.
lA
J Ppa HHO
FTECTIVE CASEY RAE 7269
SWORN LAW ENFORCEMENT OFFICER
PALM PAY POLICE DEPARTMENT
BREVARD COUNTY, FLORIDA
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