AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT I John J by robyniscrazy

VIEWS: 70 PAGES: 6

									                 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, John J. Waitkus, declare and state the following:

1.     I am a Special Agent(SA) with the Federal Bureau of Investigation, currently assigned to

       the New Orleans Office, and have been responsible for investigating cases involving

       Domestic and International Terrorism. During this time, I have participated in numerous

       investigations pertaining to bomb threats. I am the case agent on the matters referenced

       in this affidavit. I have attended the FBI academy in Quantico, Virginia where I

       received instruction on investigations pertaining to false bomb threats and hoaxes.

       Because of my personal participation in this investigation, to include analysis of reports

       made to me by other Agents of the FBI, as well as other federal and local law

       enforcement agencies, I am familiar with the facts and circumstances surrounding this

       investigation.

2.     This affidavit is in support of a criminal complaint charging Nicholas Schumaker with

       the offenses set forth in the attachment of the complaint, namely, engaging in conduct

       with the intent to convey false information and hoaxes, in violation Title 18, United

       States Code, Section 1038.

3.     Title 18, United States Code, Section 1038 provides in pertinent part that it shall be

       unlawful to engage in any conduct with intent to convey false or misleading information

       under circumstances where such information may reasonably and where such information

       indicates that an activity has taken, is taking or will place that would constitute a violation

       of Chapter 40 of United States Code Title 18.
4.   On November 10, 2008, SA Waitkus and Federal Air Marshal (FAM) Jeffrey Wolan,

     assigned to the FBI Joint Terrorism Task Force responded to an incident at the

     Travelodge Hotel, 2240 Veterans Boulevard, Kenner, Louisiana. It was learned that an

     unknown male later determined to be Nicholas Schumaker, DOB 11/13/1983, had phoned

     in a possible bomb threat against the Travelodge Hotel, 2240 Veterans Boulevard,

     Kenner, Louisiana, via his cell phone, later determined to (985) 290-2364, to a 911 phone

     operator with the Kenner Police Department. When FAM Wolan and SA Waitkus arrived

     at the Travelodge they had taken notice, that due to the incident ,all lanes of traffic on

     Veterans Highway in front of the Travelodge were shut down in both east and west

     directions. Kenner Police Department(KPD) were not allowing for anyone to either leave

     or come onto Travelodge property via a motorized means of transportation. KPD

     investigated the bomb threat and found what they believed to be an explosive device near

     Building C of the Travelodge. This investigation called for a complete evacuation of all

     buildings in an 350 feet radius from the explosives device.

5.   While on the scene at the Travelodge, Jefferson Parish Sheriffs Department Bomb Squad

     conducted a render safe procedure (RSP) of the suspect device. This entailed bomb

     squad personnel igniting an explosive charge that rendered the suspect device safe.      This

     device was described as two PVC pipes, each two and half feet long and four inches in

     diameter, taped together with gray duct tape at the bottom and top of the pipes. Inside one

     of the pipes was a foam mixture soaked in gasoline. Protruding out of the PVC pipe

     containing the gasoline were copper pipes attached to a solenoid activated water valve.
     Duct taped to the top of the water valve was an electrical capacitor. Extending out of the

     capacitor was a red and brown wire entering the second PVC pipe through a layer of duct

     tape. The device had a T-shirt laying on top of it.

6.   Upon KPD’s arrival on the scene, officers were met by subject Schumaker, who was

     working as a contract security guard for Merchant Security Company, assigned to

     Travelodge Hotel. As Schumaker was escorting officers to the location of the suspect

     device, a brief argument ensued between Schumaker and Travelodge Manager Sanders

     Frederick. Fredericks stated to Schumaker, "the only time we receive bomb threats is

     when you are working." A KPD officer directed Schumaker to step outside in order to

     de-escalate the argument. Schumaker then fled Travelodge property in his vehicle.

     Upon Schumaker's departure, KPD conducted a traffic stop of Schumaker's vehicle and

     placed and then detained him. Schumaker was transported to KPD.

7.   FAM Wolan and SA Waitkus arrived at KPD and identified themselves to Schumaker.

     He was advised of his rights as per Miranda, and explained the nature of the subsequent

     interview. In addition, Schumaker was advised of his rights per Miranda by KPD.

     Schumaker acknowledged his rights and agreed to give a statement.

8.   Subject stated that he arrived to work at the Travelodge, on November 9, 2008 at

     approximately 10:35pm. Schumaker made his first security patrol of the hotel property

     shortly after arriving at work. He then proceeded to the Wendy's located at the

     intersection of Williams Boulevard and West Metairie Street in Metairie, Louisiana.

     Upon returning to his work at 11:15 pm, he proceeded to the maintenance shed located on

     the hotel property. He then took two pvc pipes, each of which were two and half feet

     long and four inches in diameter, and taped them together at the tops with gray duct tape.
      Foam was previously inside of the PVC pipes, soaked in gasoline. Schumaker inserted a

      red wire into the top of the PVC pipe. He stated that he also attached a cylindrical object

      to the top of the PVC pipe containing gasoline soaked foam. Schumaker stated that it

      took him ten minutes to build the device.

9.    Schumaker placed the device in a house cleaners laundry basket and moved the device

      from the maintenance shed to the side of Travelodge Building C, adjacent to the street.

      Schumaker then removed the device from the laundry basket and placed it underneath and

      perpendicular to Travelodge Building C. Schumaker placed the laundry back in the

      maintenance closet and locked the door. Schumaker waited five to ten minutes and

      proceeded to the front desk where he advised Travelodge Night Manager Hsiao Hsiu-

      Yen, that he found a suspicious device. Schumaker brought the manager to the device, at

      which time Hsiu-Yen suggested that Schumaker call 911. Schumaker called 911 from

      his cell phone, (985) 290-2364. Schumaker told the 911 operator that a suspicious

      device was located near Building C, consisting of two PVC pipes wrapped in duct tape.

      KPD officers were met by subject Schumaker.

10.   Schumaker additionally advised investigating agents of a previous incident that occurred

      on November 7, 2008. Schumaker arrived at the Travelodge Hotel at 10:30 pm. Upon

      arriving he conducted his initial security patrol. After making his rounds, he was

      patrolling the property on foot when he discovered a box similar to the ones used by the

      Travelodge Hotel to store Styrofoam cups. Schumaker discovered the box lying by the

      hotel pool containing trash from hotel guests. Schumaker took the box filled with trash to

      the side of Building C. He then inserted blue and black wire through the box, in an

      attempt to make this device appear as an explosive device. Schumaker handwrote on the
      box "you didn't find me last time now I am back, boom". On November 8, 2008 KPD

      received a call from cell phone (504) 202-7897 from an unknown male who stated on the

      phone "hahaha, there is two more bombs at the Travelodge, ha-ha, I'm back."

      Approximately ten minutes later KPD received a telephone call from the same cell phone

      and said "I see unit 379 and 119 [Kenner Police cars] and they will not be there much

      longer and if we think he’s playing about the bomb, just wait and see, hahaha." One hour

      later the unknown male called from the same cell phone and said "the security guard and

      the Travelodge are going to die tonight." One half hour later KPD received a call from

      the same male who called back and said "the Travelodge killed his business so he is going

      to die" KPD arrived at the Travelodge to investigate the threats and took custody of the

      suspect device.

11.   Schumaker was questioned regarding these threats and admitted to making the telephone

      calls on November 8, 2008 in order to convey a false bomb threat. He also said he

      constructed the device that was found on Travelodge property.    Schumaker then said he

      was angry over the fact the this device was not taken seriously and that is why he

      constructed such an elaborate device on November 10, 2008.      Schumaker stated that he

      choose Building C of the Travelodge to place the device based on the fact that there was

      no security cameras in this area. When questioned regarding the telephone used for the

      threats on November 8, 2008, Schumaker said that at 3:30am he purchased gas at the

      Discount Zone located on Veterans Highway, Metairie, Louisiana near the Interstate 10

      west bound on-ramp. After purchasing gas, Schumaker drove towards the on-ramp and

      threw his cell phone used to convey the false threats out of the passenger side window of

      his car into a grassy area. Schumaker discarded the phone in effort to avoid being caught
      for making the threats. Schumaker stated that he previously purchased this prepaid

      cellular phone at CVS pharmacy on Williams Boulevard, Metairie, Louisiana,

      approximately three weeks earlier.

12.   Based on the above, and the totality of the facts surrounding this incident, I believe

      Nicholas Schumaker to be involved in the offenses enumerated in paragraphs 2 and 3.

      Furthermore, I respectfully request the issuance of the Criminal Complaint.




                                                    John J. Waitkus
                                                    Special Agent
                                                    Federal Bureau of Investigation



      Subscribed and sworn to this         day of November, 2008, at New Orleans, Louisiana.




                                                     Honorable Louis Moore, Jr.
                                                     United States Magistrate Judge

								
To top