Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 1 of 8

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Noah Pearson
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1 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 1 of 8 AFFIDAVIT Scott Murray, being duly sworn, states as follows: 1. I am a Certified Explosives Specialist (CES) and Special Agent with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), where I have been so employed for approximately fourteen years in the Burlington, Vermont field office. Previously, I was a police officer for the Phoenix Police Department in Phoenix, Arizona where I was employed for nearly five years. This affidavit is submitted to show probable cause to believe that Mark McCloud (also known as Mark Surles) has committed the following offenses: (1) knowing possession of a destructive device not registered in the national firearms registration and transfer record in violation of Title 26, United States Code, Section 5861(d); and, (2) knowing transfer of a destructive device not registered in the national firearms registration and transfer record in violation of Title 26, United States Code, Section 5861(e). The facts set forth below are either known to me personally or have been related to me by persons having direct knowledge of the events giving rise to this Criminal Complaint. This affidavit is intended to set forth probable cause and does not include every fact known to law enforcement about the events described below. 2. Based upon my review of the evidence recovered, photographs of a recovered device, conversations with Vermont State Police, Northfield Police, multiple witness interviews and an interview with Mark McCloud, all described below, I have probable cause to believe on December 9, 2015 Mark McCloud was in possession of two destructive devices at his residence located at 50 North Street in Northfield, Vermont and transferred one device to his neighbor. Based upon the information obtained I believe the two devices consisted of explosive material contained inside of an approximate 6 inch long and 1 inch diameter metal cooper pipe with -1-

2 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 2 of 8 plugged ends, taped closed with a green colored fuse protruding from the device in order to initiate the destructive device. Based upon my review of the evidence, I believe there is probable cause to believe these devices meet the definition of a "destructive device" under 26 U.S.C. Section 5845( )(1) because they each were an "explosive bomb." 3. I examined the criminal record of Mark McCloud and found he had been convicted of Felony Escape in Orange County District Court of Vermont on or about May 7, I met with Vermont State Police (VSP) Detective Sergeant Tara Thomas, Bomb Squad Commander David Petersen, Northfield Police Officer Brian Hoar, and other law enforcement personnel at a briefing who advised me of the following: On the evening of December 9, 2015 Northfield Police and later the Vermont State Police (VSP) responded to a call of an explosion at the residence of Mark McCloud at 50 North Street in Northfield, Vermont. Police found an apparent "pipe bomb" exploded in the hand of Mark McCloud completely removing his left hand and injuring others who were in the vicinity at the time of the explosion including Noelle McCloud, Richard O'Connell, juvenile J.O. and Ethan Pinsonneault. All five went to the hospital for treatment following the explosion. While at the scene police were contacted by Mark McCloud's neighbor, William Hajar, who advised he had possession of one of the destructive devices which he stated was transferred to him by Mark McCloud earlier that day. Hajar gave consent for the VSP Bomb Squad to enter his apartment where they safely removed the suspected destructive device and later transported it to an explosives bunker pending further ATF laboratory analysis once the devices are disassembled. An X-ray of the recovered device displayed a suspected explosives material contained inside of the approximate 6 inch long metal device with solid material plugging the ends and a fuse (wick) protruding into the device itself. The recovered destructive device from Hajar is depicted -2-

Case 2:15-mj-00167-jmc Document 1-1 Filed 12/14/15 Page 3 of 8 in the below picture: 5.

based upon the information received in the investigation.

3 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 3 of 8 in the below picture: 5. VSP Bomb Squad Commander Petersen advised me they initially conducted a cursory (emergency) sweep of Mark McCloud's apartment to ensure no additional explosive devices were in the open areas of the apartment. 6. On December 10, 2015 I assisted in executing a VSP obtained state search warrant for Mark and Noelle McCloud's apartment to search for any potential explosives and/or illegal drugs contained inside based upon the information received in the investigation. I along with Vermont State Police Detective David Petersen and Matthew Sweitzer of the VSP Bomb Squad searched the apartment to clear the residence of any potential explosives or additional destructive devices before turning the search over to the crime scene investigators for the VSP who searched and collected evidence from inside and outside the scene recovering some cooper metal fragments consistent with the destructive device recovered from Hajar's apartment. 7. Inside the apartment in a rear spare bedroom I observed several feet of green and brown colored fusing material consisting of explosive powder and cotton string fibers confined inside of a paper tube, commonly called "quick match," or "instantaneous fuse." I observed similar green colored fusing material which had been expended on the ground in front of the residence in the area near the explosion where metal fragments were also collected by VSP. The material is typically utilized to simultaneously initiate multiple explosive materials such as -3-

4 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 4 of 8 commercial pyrotechnics. I later conducted an energetic field test of the fusing material outside finding it to be energetic; rapidly deflagrating upon contact with a flame displaying the presence of explosive material inside. This fusing material can at times be confused with typical time delay fuse which allows the individual to set flame to the end of the fuse and walk away from the exploding device. 8. On December 10, 2015 I assisted ATF Special Agent Samuel Brown in the interview of the neighbor, William Hajar, who stated Mark McCloud approached him in the afternoon of December 9, 2015 and handed him a long cooper tube with green colored wick protruding from one end, which Mark McCloud called "Dynamite." Hajar stated Mark McCloud told him he could keep it and use it to place in the dumpster to watch it explode or use it to blow up a tree stump in the ground. Haj ar stated McCloud told him he had gotten the device from another person and stated there was some type of explosive powder contained inside. Hajar stated he placed the device inside his residence but did not have any intentions on using it. 9. On December Agent Brown and I interviewed Ethan Pinsonneault who stated he along with Richard O'Connell, J.O. and two others went to McCloud's residence in the evening hours on December 9, 2015 to get his paycheck from his former boss Mark McCloud, whom he did work for previously. Pinsonneault said he went inside and was paid about fifty dollars by Mark McCloud and spoke to him and his wife Noelle McCloud for a brief period of time inside. Pinsonneault stated Mark McCloud asked, "I have a joint, if you want to bum?'' Pinsonneault stated he exited the apartment and told the others in the car who began to exit. Pinsonneault said as he was approaching Mark McCloud, who came outside in front of his apartment door, he observed Mark McCloud with some type of cooper piping with a long "rope" protruding out the end where he then observed Mark McCloud light the end of the "rope" which -4-

5 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 5 of 8 instantly burned to the device and it immediately exploded in his hand. I noted the description of the "rope" fusing system was consistent with the quick match discovered in the rear bedroom of the apartment in the search warrant. Pinsonneault stated he was hit in the side of his body with some fragmentation, stating fortunately it did not enter in thru his clothing into his skin. Pinsonneault stated the explosion was very loud and he temporarily could not hear well. Pinsonneault estimated they were about 15 feet away at the time of the explosion. Pinsonneault stated he was checked out at the hospital and later released. 10. On December Agent Brown and I interviewed Richard O'Connell who advised he went to Mark McCloud's residence with Pinsonneault in the evening hours because Pinsonneault was picking up a paycheck from Mark McCloud, who was his boss. Richard O'Connell stated Pinsonneault went inside and met with Mark McCloud and came outside soon after where, Pinsonneault and others were waiting outside sitting in the car. Pinsonneault stated Mark McCloud then asked them if they wanted to "smoke a joint" and they exited the car to approach Mark McCloud who had exited his front doorway and was standing in front of the stairs leading into his apartment. Richard 0' Connell stated he was not paying much attention when all of a sudden he heard a very loud explosion, his hearing temporarily went silent and he had been hit in the left hand with apparent fragmentation and in the stomach area. Richard O'Connell stated he was transported to the hospital where he lost his left pinky finger from the fragmentation striking his hand. Richard O'Connell also received damage to the palm of his left hand and abrasions to his abdomen area. 11. On December Agent Brown and I interviewed J.O., a seventeen year old victim who stated while at Mark McCloud's residence Pinsonneault went inside and soon exited telling them Mark McCloud offered for them to "smoke a joint." J.O. stated they exited the car -5-

6 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 6 of 8 to introduce themselves to Mark McCloud and it appeared he was hiding something behind his back. J.O. stated he then observed a long wick (fuse) in McCloud's hand, and observed a flame from an apparent lighter in Mark McCloud's hand, and J.O. stated a loud explosion occurred immediately where he was hit in the forehead with fragmentation and collapsed to his knees on the ground. J.O. stated he went to the hospital where he needed stitches for a gash to his forehead and severe swelling however he stated fortunately the fragmentation did not lodge into his body. 12. On December Agent Brown and I interviewed Mark McCloud at the University of Vermont Medical Center in Burlington, Vermont. I advised Mark McCloud he was not under arrest and could advise agents he wanted them to leave at any time. Mark McCloud stated the device went off accidentally and stated, "when these go off it's like a quarter stick of dynamite, they make a big bang." Mark McCloud stated in the summer of 2015 he received a large box containing "eleven or twelve" explosive devices inside after an acquaintance of his mother's passed away in New Hampshire. Mark McCloud stated over the course of the summer he had exploded a few of them by using a flame to a protruding wick (fuse) and they exploded without incident. Mark McCloud stated he gave some of the explosive devices to others who set them off without incident as well. Mark McCloud stated he did not believe any of the devices were still in the hands of anyone who had not used them already. Mark McCloud stated he did not know specifically what type of explosive materials were located inside the devices and did not manufacture them. Mark McCloud stated some were made out of cardboard, some made out of cooper and there were two "big one's" made out of the cooper tubing which he held on to last. Mark McCloud stated he gave one of the large cooper devices to his neighbor and the other he lit which exploded in his hand. Mark McCloud stated the other device, which exploded in his hand, appeared to be the same basic components as the one he provided to Haj ar, consisting of a -6-

7 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 7 of 8 cooper pipe with taped ends and a green wick protruding from the device. Mark McCloud stated he was aware he would likely go to jail for the offense. Mark McCloud stated as soon as he lit the long fuse the device exploded, which caused him to completely loose his left hand. Mark McCloud stated his pregnant wife was present and was sent to the hospital with injuries as well, but with less injuries. Mark McCloud stated he did not intend to harm anyone with the explosive device and viewed it more as a "firecracker" than a "pipe bomb" at the time. Mark McCloud stated he had intended to set off the fuse of the explosive device and throw it into an open area in the yard expecting the cooper pipe to "spin" around. Mark McCloud stated he has a long history with the police and stated he has a prior felony conviction in Vermont for escape and stated on one occasion he was arrested for resisting arrest after he kicked a police officer in the groin after being handcuffed and then pepper sprayed. Mark McCloud stated on another occasion in the state of Florida he was with his friend who had thrown a Molotov cocktail and was charged for his role in the offense but stated it was later removed from his record after completing a probationary period. 13. On December 14,2015 I received an ATF record from the ATF national firearms act branch which maintains records of legally registered destructive devices documenting that there are no records that indicate that Mark McCloud filed a written application for the possession or transfer of any destructive devices as required for legal possession and/or transfer. -7-

8 Case 2:15-mj jmc Document 1-1 Filed 12/14/15 Page 8 of 8 Dated at Burlington, in the District of Vermont, this 14th day of December, Special Agent Scott Murray Bureau of Alcohol, Tobac, Firearms & Explosives Sworn to and subscribed before me this 14th day of December -8-

VOLUSIA COUNTY SHERIFF'S OFFICE INTERNAL AFFAIRS

VOLUSIA COUNTY SHERIFF'S OFFICE INTERNAL AFFAIRS PERIOD COVERED: November 25, 2010 DATE REPORTED: November 30, 2010 REPORT OF INVESTIGATION REPORT NUMBER: IA #10-028 SUBJECT(S) NAME: Captain Alan Osowski