affidavit: united states vs. mark mcloud

8/20/2019 Affidavit: United States vs. Mark McLoud

1/9

A 91

(Rev.

I I / I I

Criminal Complaint

UNITED STATES DISTRICT COURT . ~ c

,

4

for the

z \SOt.

United States

of

America

v

MARK McCLOUD

Defendant s)

~ R M O N ]

)

)

)

)

)

)

)

Case

No.

CRIMIN L COMPL INT

BY

-r:i' iCiT(:,:

- : ~

: 2 ,I 5- f l\)

LQ

1-\

I, the complainant in this case, state that the following is true to the best of my knowledge

and

belief.

On or about the date(s)

of

December 9, 2015 in the county

of

Washington in the

District of Vermont , the defendant(s) violated:

Code Section

26 U.S.C. Sections, 5861 (d) 5871,

5845(a)(8), (f).

26 U.S.C. Sections, 5861(e), 5812,

5871, 5845(a)(8), (f)

Offense Description

knowingly received and possessed destructive devices; that is, explosives,

not registered to him in the National Firearms Registration and Transfer

Record

knowingly and unlawfully transferred a destructive device, that

is

an

explosive, in violation of Title 26, United States Code Section 5812.

This criminal complaint is

based

on

these

facts:

See Attached Affidavit

Continued on the attached sheet.

s.

Sworn to before

me

and signed in my presence.

Date: 12/14/2015

City

and state: Burlington, Vermont

Case 2:15-mj-00167-jmc Document 1 Filed 12/14/15 Page 1 of 1


2/9

AFFIDAVIT

Scott Murray, being duly sworn, states as follows:

1

I am a Certified Explosives Specialist (CES) and Special Agent with the Bureau o

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 o a

destructive device not registered in the national firearms registration and transfer record in

violation o Title 26, United States Code, Section 5861(d); and, (2) knowing transfer o a

destructive device not registered in the national firearms registration and transfer record in

violation o 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 o 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 o the evidence recovered, photographs o 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 o 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 o explosive material

contained inside

o

an approximate 6 inch long and 1 inch diameter metal cooper pipe with

Case 2:15-mj-00167-jmc Document 1-1 Filed 12/14/15 Page 1 of 8


3/9

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, 2014.

4

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.

n 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



4/9

in the below picture:

5 VSP Bomb Squad Commander Petersen advised me they initially conducted a cursory

(emergency) sweep

o

Mark McCloud's apartment to ensure no additional explosive devices

were in the open areas

o

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 o the VSP Bomb Squad searched

the apartment to clear the residence o 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 o green and

brown colored fusing material consisting o explosive powder and cotton string fibers confined

inside o 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 o 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-



5/9

commercial pyrotechnics. I later conducted an energetic field test o the fusing material outside

finding it to be energetic; rapidly deflagrating upon contact with a flame displaying the presence

o 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 o the fuse and walk away from the

exploding device.

8. On December 10, 2015 I assisted ATF Special Agent Samuel Brown in the interview

o

the neighbor, William Hajar, who stated Mark McCloud approached him in the afternoon

o

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 o 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

10

2015 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 o

time inside. Pinsonneault stated Mark McCloud asked, I have a joint, i 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 o his

apartment door, he observed Mark McCloud with some type o cooper piping with a long rope

protruding out the end where he then observed Mark McCloud light the end o the rope which



6/9

instantly burned to the device and

t

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

5

feet away at the time

of

the explosion. Pinsonneault

stated he was checked out at the hospital and later released.

10.

n

December 10 2015 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.

n

December 10 2015 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-



7/9

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 1 2015 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



8/9

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 o the fuse o 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 o 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 o legally registered destructive devices documenting that there

are no records that indicate that Mark McCloud filed a written application for the possession or

transfer

o

any destructive devices as required for legal possession and/or transfer.



9/9

Dated at Burlington, in the District of Vermont, this

14th

day ofDecember,

2015

Special Agent Scott Murray

Bureau ofAlcohol, Tobac , Firearms Explosives

Sworn to and subscribed before

m

this 14th day

of

December

-8-


affidavit: united states vs. mark mcloud

Documents