Idaho Four  |  Probable Cause Affidavit

What the PCA Said — And What They Had to Walk Back

The charging affidavit sold one white Elantra and one clean hallway ID. Dylan Mortensen’s own words, and the Pullman camera with the fog lights, do not match the polished version Cpl. Brett Payne swore to.

The December 29, 2022 probable cause affidavit is how the State of Idaho told a magistrate the story of Bryan Kohberger. It is short. It is confident. It is not a complete record of what investigators already knew.

Two pillars of that story have not aged well: the claim that the same car is on every camera, and the claim that surviving roommate Dylan Mortensen gave a stable, face-to-face identification that matched Kohberger’s driver’s license.

The paper people call “the PCA” — two different documents

What gets passed around as “the PCA” is often two filings stapled together:

File stamp, top right: Dec 29, 2022, 2:44 p.m., Clerk of Dist. Ct., Latah. Case CR29-22-2805. Caption: State of Idaho v. Bryan C. Kohberger, DOB 11/21/1994, WA driver’s license.

Charges on the face of the order:

Boxes marked:

Dated in hand: 12/29/22, 2:22 p.m. Signed: Megan E. Marshall, Magistrate Judge. Stamped REDACTED at the foot of page 1.

Page 2 is only the certificate of delivery. Deputy Clerk served a copy on Prosecuting Attorney William W. Thompson, Jr. by hand delivery on 12/29/2022. Signed Tonya Dodge for Latah County Clerk of the Court. Not emailed.

So the paper trail on this scan is: Payne’s affidavit goes to Marshall; Marshall finds PC at 2:22 p.m.; the clerk file-stamps at 2:44 p.m.; Thompson gets a hard copy the same day. That is proof the order issued. It is not proof that every sentence in Payne’s affidavit was true.

Latah County Probable Cause Order, Dec. 29, 2022, page 1, Magistrate Megan E. Marshall, no bail
Page 1 — Probable Cause Order, CR29-22-2805, Dec. 29, 2022. Marshall finds PC and orders arrest with no bail.
Certificate of delivery of the probable cause order to prosecutor Bill Thompson by hand, Dec. 29, 2022
Page 2 — Certificate of Delivery. Hand-delivered to Prosecutor William W. Thompson, Jr., Dec. 29, 2022.

1. What the PCA actually said

Payne’s sworn statement boiled the case down to this:

That last sentence is the tell. The affidavit does not say Dylan identified Bryan Kohberger. It says Payne looked at a DMV photo and decided the eyebrows matched.

2. The Pullman camera they could not keep

The PCA treats Pullman and Moscow as one car on one route: east out of Pullman before 3:00 a.m., loops on King Road, gone at 4:20, back on Pullman cameras near 5:30.

That only works if every white sedan in those frames is the same vehicle. They are not.

A white Elantra on WSU / Stadium Way cameras around 2:44–2:53 a.m. shows illuminated fog lights. Bryan Kohberger’s 2015 Elantra, as seized and photographed, has black plastic covers / blank-offs in the fog-lamp openings. It does not show working fog lamps in the later, clearer clips — Floyd’s Cannabis at about 3:02 a.m., the return into Pullman around 5:25–5:28 a.m., or the Clarkston shopping video the same afternoon.

Independent frame-by-frame work, and later commentary around the case, treated the 2:44/2:53 fog-light car as a different Elantra. You cannot run fog lamps at 2:53 and have empty black covers at 5:26 unless you changed the front of the car in two hours. Nobody produced that explanation.

What that means for the PCA:

Fog-lamp housing shape is a class characteristic the FBI later used to move the year range from 2011–2013 to 2014–2016. Illuminated lamps versus blank covers is a different question. That is identity of a specific car, not “this body style exists.”

3. What Dylan said — in order — not what the PCA sold

Dylan Mortensen is a surviving roommate. She was 19 — she had just had a birthday — intoxicated, terrified, and standing in a dark hallway. None of that is her fault. The problem is what police wrote on top of her.

The PCA reads like she gave one description, once, that locked onto Kohberger. Her interviews do not read that way.

First hours: no eyebrows, no ID

On body camera and in the first sit-down, she described a person in all black with a mask covering forehead and mouth. Height: about 5'10" or a little taller — her height. Build: not bulky; skinny/toned, “like a basketball player.” He looked at her. He did not come at her. He went toward the side / sliding door.

When asked about eyes and eyebrows that first day:

She did not know the color of the intruder’s eyes or eyebrows. Everything was “kind of blurry.” She said she saw his eyes and he saw her — and in the same breath that she did not remember what his eyes looked like. Defense Motion in Limine #7 summary of the early Mowery / first-day interviews; body-cam and first recorded interview

Judge Hippler later admitted the obvious part in writing: “she did not mention his eyebrows in her initial interview.”

Days later: “bushy” appears

By November 17 and December 1, the phrase is in the record. Even then she hedges it:

“I just remember eyebrows. I don’t know exactly what his eyebrows look like at all really. I just remember thinking like eyebrows… Yeah, bushy. But that’s all — I don’t remember the shape. I don’t remember the color.” Dylan Mortensen interview with Det. Victoria Gooch / Sgt. Dustin Blaker, Nov. 17, 2022

December 1: she did not see his eyes; she saw “one eyebrow or two, but it was just, like, this bushy eyebrow.”

That is a fragment behind a mask. It is not a lineup. It is not eye color, hairline, face shape, or a man she could pick out of a photograph.

After the mugshot: she did not recognize him

Kohberger was arrested December 30, 2022. Dylan found a mugshot online. Detectives Lake and Tolleson asked if that was the man in the house.

She did not know if Bryan Kohberger was the intruder. After seeing the picture: “Nothing came back to me at all. I feel like if I saw that my mind would be like, ‘Oh yeah, that’s him, but … I just don’t remember at all.’” And: “From people releasing Bryan Kohberger’s name, I know it’s him, but I don’t know.” Dec. 30, 2022 Lake interview, as quoted in Motion in Limine #7 and later reporting on the unsealed transcript

All she still had was “some bushy eyebrow and all black and some sort of mask.”

If this were a true face-to-face identification, the mugshot is the moment it should lock. It did not lock. Police had already written the PCA around the eyebrows anyway.

4. “Face to face” is the media line, not the geometry

Headlines said she came face to face with the killer. The PCA said the figure was “walking towards her” and she stood in a “frozen shock phase.”

Her own account is thinner than that:

A masked stranger passing a bedroom doorway in the dark is not a face-to-face ID. It is a glimpse. Payne turned the glimpse into “bushy eyebrows + 6-foot criminology student = same man.”

5. Side by side

PCA / press version What is actually in the interviews and video
One white Elantra from Pullman to King Road and back WSU 2:44–2:53 car shows fog lights; Kohberger’s seized car has blank covers; that early Pullman clip does not survive as his
2011–2013 Elantra His car is a 2015; FBI year range was later expanded
D.M. described bushy eyebrows (presented as the first description) Not in the first interview; Hippler conceded that; “bushy” arrives in later sittings, still with “I don’t remember shape or color”
Physical description matches Kohberger’s license 5'10" or a bit taller, basketball-player thin, all black, mask — generic. Payne matched the photo. Dylan did not
Face-to-face encounter with the killer Door cracked, masked figure walked past, no words to her, blurry, she could not ID the mugshot
She would know him if she saw him Dec. 30: nothing came back; she knew the name from the news, not from the hallway

6. Why this matters

Probable cause is a low bar. A judge can sign an arrest warrant on less than this. That is not the same as the affidavit being honest.

The PCA did three things that still need to be said out loud:

  1. It stitched multiple white cars into one car, including a Pullman clip that fog lights knock out.
  2. It put “bushy eyebrows” in Dylan’s mouth as if that were the first, firm, identifying feature. It was not first, and she never made it an identification.
  3. It let Payne do the identification from a driver’s license after they already had a name — then sold the public a survivor who had locked eyes with Bryan Kohberger. She said she had not.

Dylan’s trauma is real. Using a traumatized witness’s later, narrower memory as if it were a courtroom ID — while she is looking at a mugshot and saying she does not recognize him — is how charging documents get written. It is not how they should be read.

Sources: State of Idaho v. Bryan C. Kohberger, Statement of Brett Payne (PCA, Dec. 29, 2022); Defense Motion in Limine #7 (witness identification / bushy eyebrows) and cited interview exhibits (Mowery, Gooch/Blaker Nov. 17, Dec. 1, Lake Dec. 30); Judge Steven Hippler order on MiL 7 (April 18, 2025); public reporting on the unsealed Lake interview; WSU / Floyd’s / Bishop Blvd. camera timing in FBI SA Hille surveillance summaries; independent comparison of the 2:44–2:53 fog-lamp frames to the seized 2015 Elantra.