One month after Mary Gingles obtained a restraining order against him in February 2024, her husband Nathan charged $702 to his American Express card for something from a company called HAPN.
Seven months later, reviewing financial records in their divorce, Mary was curious, researched HAPN and learned it sells GPS tracking devices, according to sheriff’s investigative reports.
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WATCH HERESo, at the urging of her attorney, she went outside her Tamarac home, turned on her phone’s camera and recorded what she found attached in the passenger side wheel well of her 2023 Mitsubishi Outlander: a HAPN GPS tracker.
“It’s in the back of the car,” she is heard saying in a panicky voice in video obtained Friday by NBC6 Investigates.
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“Take a picture,” she goes on to say.
She took several pictures that afternoon, including video of the “no harmful contact” order a judge put into effect that gave her “exclusive use” of the property in whose driveway her car (titled solely in her name) was parked.
That order, which the judge wrote was “enforceable by law enforcement” and said neither she nor Nathan Gingles could “stalk, harass, molest (or) annoy” the other.
The video pans from a copy of that order to the device Mary removed from her car, which she told an investigator she believed was planted by Nathan in violation of the order.
She reported it to the Broward sheriff that day, Oct. 29, 2024, telling them she feared the man she was divorcing would kill her.
Tamarac triple murder
On Feb. 16, he allegedly did: barging into the house, shooting Mary’s father, David Ponzer, in the head, then stalking Mary as she ran seeking safety into a neighbor’s house, where he shot both her and the neighbor Andrew Ferrin to death.
Taken along for the crimes, neighborhood surveillance video shows: 4-year-old Seraphine, who told police she witnessed it all.
In more than 100 pages of emails released to NBC6 by BSO, there’s no indication detectives did anything to try to connect the tracker to Nathan until after Dec. 29, when Gingles reported finding material she said Nathan stashed in their garage: duct tape, zip ties, plastic wrap, rubber gloves and other items that could be used in a crime of violence.
One deputy did send an email to the lead detective in November claiming he tried to call Mary about the tracker case, but her number was “disconnected.” That contradicts a sworn statement Mary gave when she sought a second injunction in December, where she states she tried several times to contact that deputy by email and phone, but he never responded.
Mary sent the videos, photos and, on Jan. 2, the device itself to the sheriff’s office, sheriff’s records reveal, but no one moved to arrest Nathan.
Both the deputy who failed to connect with Mary and the lead detective have been suspended with pay pending an internal investigation – as have six others involved in either the domestic violence case or response to the murders.
In taking responsibility for failures in the case, Sheriff Gregory Tony pointed to the tracker report as a missed opportunity, saying in February, “It’s clear that we probably could have done more in that element.”
After the December report about the items found in the garage, he added, “There was enough there where we could have potentially pursued probable cause affidavit so we can arrest him and take him off the street.”
Among the documents released by BSO is a draft search warrant dated January 16 for the electronic contents of the tracker. The attached affidavit said it would be used to find any evidence Nathan committed felony stalking.
But that copy of the document does not include a judge’s signature and there is no record of it ever being issued. After NBC6 aired its report on this case Friday, the Broward State Attorney’s Office released copies of all warrants related to the tracker – and all are dated after the murder.
Nathan Gingles was arrested and Seraphine was rescued about five hours after the shootings, after BSO tracked them down to a Wal-Mart parking lot. He is charged with three counts of first-degree murder, and the state has announced it is seeking the death penalty. He has pled not guilty.
As for Sera, as she is known, Nathan is seeking to have a cousin who lives in Idaho adopt her, while Mary’s sister is asking the same court to give her custody of the girl, who remains in a temporary foster home as the case wends its way through Broward family court.
