Affidavit against Jackson County bombing suspect

8/13/2019 Affidavit against Jackson County bombing suspect

1/11

AO 91 Rev. 02/09) Criminal Compla inti - i ~ W i i l \ f l iVr l r Jri iiJ,:tl.J ..-IJi\1UNITED STATES DISTRICT COUR {

United States of mericav.Alan Leroy McVay

efendant

for theDistrict of Oregon

Case No. 1:13- nt C1JI8 L

CRIMINAL COMPLAINTI the complainant in this case, state that the following is true to the best of my knowledge and belief.On or about the date of 11/13/2013 in the county of

Oregon , the defendant violated Title 18, an offense described as follows:Malicious Destruction of Property by Explosion

This criminal complaint is based on these facts:see attached affidavit

l Continued on the attached sheet.

Sworn to before me and signed in my presence.

Date: j -j./ :City and state: Medford, Oregon

Jackson in the District ofu.s. c. _8_44---- (...Li)

Case 1:13-mj-00181-CL Document 1 Filed 11/25/13 Page 1 of 11 Page ID#: 1


2/11

STATE OF OREGONCounty of Jackson

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF OREGON

ss.

INTRODU TION

AFFIDAVIT IN SUPPORT OFCRIMINAL COMPLAINT

I David A. Car ro l l being duly sworn, depose and s t a t eas fo l lows:

1. I am a Spec ia l Agent o f the Federa l Bureau ofInves t iga t ion FBI), United Sta tes Department of Jus t ice . Ihave been so employed for approximately 26 years . I am ass ignedto the Medford Resident Agency of the Port land Divis ion of theFBI and have exper ience in a var ie ty o f i nves t iga t ions toinclude but not l im i t ed to counter ter ror ism drug t ra f f i ck ingpubl ic corrupt ion bank robber ies and white c o l l a r crime.

2. y exper ience as a Spec ia l Agent i nc ludes but i s notl imi ted to in te rv iewing wi tnesses conducting su rve i l l ancewri t ing a f f i dav i t s fo r and execut ing search warrants andworking with undercover agents and informants . I have receivedt ra in ing in and have exper ience in the i n v e s t i g a t i o n of avar i e ty of v i o l a t i o n s of federa l laws, i nc lud ing the offensesl i s t e d below. I have exper ience in the prepara t ion andexecut ion o f search warrants . I have sought and rece ivedcr imina l complaints in the pas t and I am fami l i a r with the

1



3/11

elements necessary to make a r r e s t s based on cr iminal complaints .I have worked and conferred with var ious exper ienced lawenforcement o f f i c e r s who were t ra ined in a va r i e ty ofi nves t iga t ions and I have drawn from t h e i r knowledge andexper t i s e as wel l .

3. This case i s be ing i nves t iga ted j o i n t l y by the FBI, theBureau of Alcohol , Tobacco and Firearms ATF), the MedfordPolice Department MPD) , and the Oregon S t a t e Pol ice OSP) . Ihave persona l ly pa r t i c ipa t e d in the i nve s t i ga t ion of theoffenses descr ibed below and make t h i s Aff idav i t based on mypersonal par t i c i pa t i on in the i nves t iga t ion knowledge obta inedfrom o ther ind iv iduals dur ing our par t i c i pa t i on i n t h i si nves t iga t ion i nc lud ing o ther law enforcement of f i ce r sin te rv iews of wi tnesses our review of records r e l a t e d to t h i si nves t iga t ion communications with o ther s who have knowledge ofthe event s and c i rcumstances descr ibed here in and informat iongained through our t r a in ing and experience. Because t h i sa f f i dav i t i s submi t t ed fo r the l imi ted purpose of es tab l i sh ingprobable cause in support of the app l i ca t ion fo r a cr imina lcomplaint , t does not se t fo r th each and every fac t tha t I o rothers have learned dur ing the course of t h i s i nves t iga t ion .

PURPOS OF FFID VIT

4. This a f f i d a v i t se t s out c i rcumstances and informat iontha t gives me probable cause to be l i eve t ha t Alan Leroy McVay

2



4/11


5/11

prosecut ion or a re otherwise apprehended in another s t a t e .6. The explos ion damaged the JCDA Exte r io r windows were

broken and debr i s was blown both in and ou ts ide of the bui ld ing .When po l ice and f i r e f igh t ing personne l f i r s t a r r ived on thescene fol lowing the explos ion, the explos ive device was on f i r ej us t out s ide one o f the broken windows on the bu i ld ing . Onscene ana lys i s conducted by FBI, ATF and OSP Bomb Technic iansind ica ted the des t ruc t ive device appears to have been comprisedof a JT C02 cy l inder f i l l e d with an explos ive powder t ha t wastaped to the s ide o f a l i qu id petroleum/propane tank using aspec i f i c type of black tape . The device was detona ted usingcannon or hobby fuse . The i tems of evidence co l l ec ted a t thescene have been submit ted to the FBI Lab in Quant ico , Virginia .

L W ENFORCEMENT RECEIVE INVESTIG TIVE LE D

7. On November 15, 2013, Jackson County law enforcementreceived a t i p t ha t Alan Leroy McVay was be l ieved to have beenthe person who may have placed the bomb a t the JCDA Followingup on t ha t in fo rmat ion , t was l ea rned t h a t McVay was cur ren t lybeing prosecu ted by the Jackson County D i s t r i c t Atto rney soff i ce for burglary and t ha t he had been scheduled fo r a cour tappearance on November 14, 2013 to plead gu i l t y and rece ive a 36month pr i son sentence. McVay's co-defendant from the sameburg la ry /posse ss ion o f f i rea rms i nves t iga t ion , who was a l soprosecuted by the d i s t r i c t at torney, had a l ready been sentenced



6/11

and was se rv ing a pr i son term.8. The FBI obta ined the recordings of te lephone ca l l s of

McVay's co-defendant from the s t a t e c o r re c t i o n a l i n s t i t u t ionwhere the co-defendant was imprisoned. The recordings conta inednumerous conversa t ions between McVay and his co-defendant andthe records d isc losed the te lephone number McVay was usingdur ing those conversa t ions , xxx-xxx-7057.r e levan t por t ions of those conversa t ions :

The fo l lowing are

On November 9, 2013, McVay sa id , I want to go of f on somesh i t , t e l l you what, got some th ings to do it with andl a t e r commenting t ha t it 'll be fun. You ' l l hear about i t .On November lOth, McVay sa id t ha t he was going to handle itthe way Barry handles th ings . McVay a l so s ta ted ,

Anyway, it could probably ge t r i d of a l l kinds of paper ,from the ground up.On November 11th , two days before the bombing, McVay made asta tement t ha t maybe a miracle w i l l happen and w e ' l l havesome crazy earthquake s h i t , and l a t e r commented tha t

t he re ' s something can do. They j u s t p i ssed m off to thepo in t . You know what the po in t i s . When you reach thepo in t . Later McVay cont inued by s t a t i ng , it 'll be fun,it 'll be fun and you ' l l hear about it someday.On November 13th , the day of the bombing, McVay sa id ,

somebody blew up the Dis t r i c t Atto rney ' s of f i ce , and t ha t



7/11

t was funny s h i t . McVay went on to say t ha t hisscheduled appearance fo r the fo l lowing day was postponed.

T L PHON N LYSIS

9. Search warrants were obta ined for t ex t message contentfor te lephone number xxx-xxx-7057. I was informed by MPDetect ive Jim Williams who served the warrants t ha t based on areview of the da ta t was determined t ha t McVay's te lephone,xxx-xxx-7057, engaged in an exchange of t e x t s with te lephonenumber, xxx-xxx-6551 a t approximate ly 5:00 am on November 13,2013. These t ex t messages would have been approximate ly oneha l f hour a f t e r the de tona t ion of the explos ive device a t JCDA.

10. Also, the c e l l s i t e s t ransmi t t ing the da ta as soc ia tedwith these t e x t messages i nd ica te McVay's te lephone wasphys ica l ly loca ted in the v i c i n i t y of West Medford,approximate ly one mile from JCDA. An inqu i ry of the MPD'srecord systems revea led xxx-xxx-6551 was connected with a personi de n t i f i e d as having f i l ed an August 2013 harassment complain t ,and whose r e s i den t i a l address was on Jeane t t e Ave, in westMedford, Oregon.

11. Further review of the content of the November 13th t ex tmessages obta ined pursuant to the search warrants revea led thefol lowing:

At 5:00 a.m. a t e x t message from xxx-xxx-7057 McVay) toxxx-xxx-6551 s ta ted : I f cops ask I have ben here s ick in

6



8/11

t r i ck .At 5:01 a.m. a r ep ly t ex t message from xxx-xxx-6551 to xxxxxx-7057 (McVay) with k . This was fol lowed by anothert ex t message from xxx-xxx-6551 a t 5 : 0 2 a . m . , You gotanything to do w l i gh t show?At 5:03 a.m. xxx-xxx-7057 (McVay) responded, No I kmnowwho does . A r ep ly t ex t message from xxx-xxx-6551immediate ly fol lows with erase t ex t messages .Later the same day, a t 5 :07p .m. , a t ex t message from xxxxxx-6551 to xxx-xxx-7057 (McVay): Watching news, Shouldhave t ha t $150.00 for you in a couple of hours . Text you assoon as I do. FBI ATF a l l of em are a t the par ty . Propanetank d i d n ' t go of f . Prints? Talk a t you in a littl b i t .

MCV Y INVOLVED N DETON TING XPLOSIV S PREVIOUSLY

12. Agents and de tec t ives have rece ived in format iond i rec t ly from assoc ia tes of McVay t ha t he detonated explosivesprevious ly . I was informed by MP Detec t ive J u s t i n Ivens of hisin terv iew with Jeremy Harvey who advised of detonat ing C02ca r t r idges f i l l e d with explos ives with McVay on two d i f f e r en tdays previous to the de tonat ion of the explos ive device a t JCDA.Harvey descr ibed de tonat ing severa l smal ler C02 car t r idges withMcVay on one occas ion, fol lowed by exploding a l a rge r C02ca r t r idge i den t i ca l to the one used in the JCDA explos ion on asubsequent occas ion . On t h i s second occas ion , Harvey and McVay

7



9/11

discussed the p o s s i b i l i t y and the po te n t i a l e f fec t s of a t tach ingthe l a rge r s ize C02 c a r t r i d g e to a propane tank. However t h i sdi scuss ion d id not lead to them a t t ach ing a l a rge r s i ze C02ca r t r idge to a propane tank on t ha t occasion. Harvey was unawarei f McVay ever d id so independent ly .

RREST ND INTERVIEW OF MCV Y

13. On November 19 2013 t was determined t ha t McVay wasa t a res idence loca ted in White Ci ty Oregon and was placedunder su rve i l l ance by law enforcement . On November 20th McVaywas a r res ted by MPD fo r the bombing of the JCDA McVay wasin te rv iewed by law enforcement from MPD FBI and ATF Thein te rv iew was video and audio recorded. McVay was advi sed ofh i s Miranda Rights acknowledged knowing his r i gh t s and waivedthose r i gh t s and provided a de ta i led s ta tement of h i sinvolvement in the JCDA bombing.

14. During the in te rv iew McVay admi t ted t ha t he de tona tedthe des t ruc t ive device a t the JCDA on November 13 2013. McVaysa id he did t in an at tempt to de lay h i s s t a t e sentenc ing forthe burg la ry he was charged with and prosecuted by the JacksonCounty D i s t r i c t Attorney. McVay advi sed he obta ined the i temshe used to conf igure the bomb from va r ious p laces . The i temsinc luded the propane t ank the JT C02 c a r t r i dge gunpowderblack tape and fuse . McVay had a t i n f l a sk conta in ing powderand obta ined add i t iona l gunpowder by breaking open bu l l e t s he

8



10/11

had co l l ec ted over the years . He combined these powders andpoured them i n to the C02 c a r t r i d g e to c rea te the pipe bombdevice to de tona te the propane tank. He taped the p ipe bomb tothe propane tank wi th the b lack tape and used the fuse to i gn i t ethe pipe bomb device . McVay s t a t e d t ha t he assembled theexplosive device in h i s pickup t ruck ou ts ide the Jeane t te Ave.res idence before t ak ing it to the JCDA of f i ce . McVay explainedt ha t he randomly chose the window to t a rge t lit the fuse andswung the explos ive device a t the window. He observed t ha t thebl inds had prevented the device from comple te ly en te r ing thebui ld ing and it hung up on the window sill McVay immediatelyf l ed the scene, hear ing the explos ion when he was about a blockaway. McVay r e tu rned to the Jeane t t e Ave address and remainedin the pickup ou ts ide the res idence . McVay acknowledged sendingthe 5:00 a.m. t e x t message in orde r to es t ab l i sh an a l i b i incase po l ice made con tac t with him while he was in the pickupparked ou ts ide .

SE RCHES CONDUCTED

15. During McVay s in te rv iew agents reques ted consent tosearch var ious l oca t ions t ha t he was assoc ia t ed with and werebe l ieved to poss ib ly conta in evidence r e l a t e d to the bombing ofthe JCDA I t inc luded McVay s pickup and two t r a ve l t r a i l e r samong o ther p laces . McVay consented to the searches . Thesubsequent searches r e s u l t e d in the se izu re of b lack tape

9



11/11

cons i s ten t with what was recovered frbm the s i t e of theexplosion, c a n i s t e r s of exp los ive powder and/or gunpowder,pieces o f fuse and gloves , among o ther th ings .

ON LUSION

16. Based on the foregoing, I be l ieve there i s probab lecause to f ind t h a t on November 13, 2013, Alan Leroy McVayv io l a t ed 18 U.S. C. , Sec t ion 844 i Malic ious Dest ruc t ion ofProperty by Explos ion . Accordingly , I r e s pe c t fu l ly reques tt ha t the Court i s sue a cr imina l complaint charging Alan LeroyMcVay with t h i s crime and i s sue a warrant fo r h i s a r r e s t .

17. This a f f i dav i t , cr imina l complaint and reques ted a r re s twarrant were reviewed and approved by Ass i s t an t United Sta tesAttorney Byron Chat f ie ld p r i o r to being submit ted to the cour t .

Subscribed and sworn

David A. C ar r o l lSpec ia l AgentFederal B u r e a u o ~ e s t i g a t i o n/M e d f o r ~ r e g o n//-:/ / / 7to before me::::-this 2 : a : ~ c 5 f Novemhel?, 20137 ? / 7 / / ~ / / ; 7 .

~ a r ~ ~ r k e.S. Magis t ra te J u d g e ~Medford, Oregon

10


Documents

Affidavit against Jackson County bombing suspect