PDF: Northfield Fatal Fire Search Warrant Application

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AO I06 Rev. 0411 0) Application for a Search Warrant

UNITED STATES DISTRICT COURTfor the

District of Vermont ZO15DEC t S 1\JitO: 0 I

In the Matter of the Search of(Briefly describe the property to be searched

or identifY the person by name nd address)

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Case No.·1:t::· ~ · · : · · · · · · ~ ·- - ~ ; · ~- ; , · - ~ ~ ~ ~ - ~ ~ - , ~ - ; ~ -

2 ~ 5 - ~- - \ l D ~ '- '' , ,Park Manor Drive Lot 1 0 in Berlin, Vermont

APPLICATION OR A SEARCH WARRANT

I, a federal Jaw enforcement officer or an attorney for the government, request a search warrant and state underpenalty of perjury that I have reason to believe that on the following person or property (identij v the person or describe theproperty to e searched nd give its location):

See Attachment A

located in theperson or describe the property to be seized):

See Attachment B

District of - - ~ - - - ~ - - - · · - · · y : _ ~ ~ ~ ~ ~ - t____ _ __ , there is now concealed (identifY the

The basis for the search under Fed. R. Crim. P. 41 c) is (check one or more):~ e v i d e n c eof a crime;~ c o n t r a b a n d ,fruits of crime, or other items illegally possessed;~ p r o p e r t ydesigned for use, intended for use, or used in committing a crime;

0 a person to be arrested or a person who is unlawfully restrained.

The search is related to a violation of:

Code Section

18 U.S. C. § 1951 (a)18 U.S.C. § 844(h)

Offense Description

Interference with commerce by threats or violenceProhibiting the use of fire or an explosive to commit a felony

The application is based on these facts:

See Attached Affidavit

ff Continued on the attached sheet.0 Delayed notice of days give exact ending date if more than 30 days: ) is requested

under 18 U.S.C. § 31 03a, the basis of which is set forth on e ~ y

LApplicant s signature

Special Agent Matthew Ekstrom, }F _Printed name nd title

Sworn to before me and signed in my presence.

Date: l ~ 1 6 2 0 1 5

Case 2:15-mj-00168-jmc Document 3 Filed 12/16/15 Page 1 of 1


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TT CHMENT

PROPERTY TO BE SEARCHED

The property physically located at Park Manor Drive Lot 10 in Berlin, Vermont, is a tan single

wide trailer that is located at the southwest corner o the intersection o Park Manor Road and

Junction Road in Berlin. Lot I 0 is the first lot on the right as one turns onto Park Manor Road

from Junction Road. There is a gravel parking area to the side o the trailer and a small porch

that leads to the main door.

Case 2:15-mj-00168-jmc Document 3-1 Filed 12/16/15 Page 1 of 1


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TT CHMENT B

ITEMS TO BE SEIZED

1 Any and all evidence and/or instrumentalities o violations o 18 U.S.C. 1951,interference with commerce by threats or violence, and 18 U.S. C § 844(h), prohibiting the use ofire or an explosive to commit any federal felony, as well as the following evidence specific tothis case:

a Crack, substances suspected to be controlled substances, drug processingand packaging materials, cutting agents, and drug paraphernalia and literature;

b Any and all documents, records. and items o personal property relating tothe purchase, possession or distribution o controlled substances or the use o fire or explosivesto commit crime, including the following: telephones and cellular telephones, smart phones,pagers, answering machines, caller ID boxes, ledgers, account books, receipts, log books,address books, telephone directories, notes, maps, correspondence, customer lists and records,suppliers lists and records, delivery forms and records, mailing receipts, car and mailbox rentalrecords, storage facility rental records, telephone answer pads, records relating to domestic andforeign travel such as tickets, passports visas, travel schedules, or correspondence;

c Any and all documents, records and articles o personal propertyevidencing the obtaining, secreting, transfer, expenditure, and concealment o money and assetsderived from or to be used in the purchase, and distribution o controlled substances, includingthe following: U.S. currency, foreign currency, jewelry, bank books, bank statements, receipts,warranties, electronics, financial and negotiable instruments, checks, and money orders, recordso wire transfers, tax records;

d Any and all documents, records, and articles o personal property showingthe identity o persons occupying, possessing, residing in, owning, frequenting, or controlling theSubject Property, including: keys, rental agreements and records, deeds, mortgages, propertyacquisition records, utility and telephone bills and receipts, photographs, and storage records;

e Any and all passwords necessary to access the data contained within thecellular telephones, smart phones, and other electronic items being seized; and

f Any and all ammunition and firearms, including handguns, pistols,revolvers, rifles, shotguns, machine guns, silencers and other weapons.

g Any and all clothing, personal items or containers containing accelerants,or the odor o accelerants, such as gasoline.

h Any and all clothing or personal items containing evidence o having beenin a fire, including burned clothing, clothing that has melted and bandages used to treat burns.



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FFID VIT

I, Matthew Ekstrom, being first duly sworn, hereby depose and state as follows:

1 I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and

Explosives (A TF), and have been so employed for approximately thirteen years. In my capacity

as a Special Agent, I am familiar with the federal laws relating to federal firearms and cont rolled

substance violations, have been trained in the investigation of violations of said laws, and have

participated in such investigations. I know, based on my training and experience, that it is a

federal crime to interfere with commerce by threats or violence and I also know that federal law

prohibits the use of fire or explosives in the commission of a felony.

2. I make this affidavit in support of a finding of probable cause to search Park

Manor Drive Lot 10, Berlin, Vermont, for evidence relating to violations of 18 U.S.C. §

1951 (a), interference with commerce by threats or violence (Hobbs Act), and 18 U.S.C. § 844(h),

prohibiting the use of fire or an explosive to commit any felony. A more detailed description of

the property to be searched is contained in Attachment A. Items to be searched for and seized

are listed in Attachment B

3. I am familiar with the facts and circumstances of this investigation based on my

own work on this case and fron1 conversations with other law enforcement officers and

witnesses. This af1idavit is intended to show merely that there is sufficient probable cause for

the requested warrant and does not set forth all of my knowledge about this matter.

4. n December 14, 2015, I was asked to assist Northfield Police Department (NPD)

with a homicide investigation. I arrived at the Northfield Police Department and attended a

briefing.



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5 At the NPD, I learned that on December 14, 2015, at approximately 0040 hours,

the Northfield Fire Department (NFD) and Northfield Police Department (NPD) responded to

258 Union Street in the Town o Northfield for a reported residential fire with a victim entrapped

in the building. A NFD firefighter/EMT at the scene, Troy Seckington, reported seeing an

individual lying on the ground outside the residence. This person was later identified as Efren

Serrano.

6 According to Seckington, Serrano had bums all over his body and Serrano told

him that his girlfriend, a person believed to be Brittany Burt, was still inside the residence.

Seckington then left Serrano and attempted to view the interior o the residence but could not

locate Burt. Seckington went back to attend to Serrano and Serrano was transported to the

hospital. t is my understanding that Serrano is currently in critical condition. While the NFD

was fighting the fire at 258 Union Street they located an unidentified body in Apartment 2.

7 VSP Detective Tpr. Angela Baker later spoke with Barre Town EMS member

Pete Munsell. Munsell explained he was one o four medical personnel present during the

ambulance transport o Serrano to Central Vermont Hospital. Munsell told Det. Tpr. Baker that

during the transport to the hospital, Serrano told EMS members that three people entered his

residence and believed two o the three were female. Munsell indicated Serrano also stated,

''They lit me on fire.'' Due to the severity o Serrano's injuries he was unable to give any further

statetnents to medical personnel.

8 VSP Detectives Mike Kamerling, Mark Potter and Todd Baxter, later spoke with

a person named Jim Wilson. Wilson lived at 258 Union Street in Northfield, in an apartment

adjacent to Serrano's apartment. Wilson told the VSP that he was watching the late night news

when he heard what he described as a bang or loud noise. Wilson then heard loud screaming,

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which he later attributed to Serrano. Wilson got up to investigate the no1se, opened his

apartment door and observed Serrano, who was on fire, exit apartment #2. Wilson said that

when Serrano opened the door o f the apartment, the apartment already appeared to be fully

engulfed with flames. Wilson then went back into his residence and called 911.

9. While at Central Vermont Hospital, Berlin Police Department Officer Chuck

Satterfield spoke with Serrano. Officer Satterfield reported to investigators that Serrano told

medical personnel that someone broke into his apartment, poured gasoline on him and his

girlfriend and set them on fire.

10. Later in the day on December 14, 2015, Det. Tpr. Angela Baker spoke with a

person who agreed provide information on the condition o f confidentiality. This person will

hereinafter be referred to as SOL The SOl told law enforcement that they were providing

information because it was ''the right thing to do.'' The SOl was not paid for the information and

no promises were made to the SOl concerning the information. 1

11. The SOl told Det. Tpr. Baker the following:

a. On December 14, 2015 at approximately 1430 hours, Richard Dickie

Hoisington came to her residence. SOI said that the SOl and Dickie were longtime friends and

Dickie often confided in her. Dickie asked the SOl i f the SOl was aware o f the fire that occurred

I have reviewed the s r s criminal history and the SOl appears to have numerousmisdemeanor and felony convictions, including convictions for false information to a policeofficer (misdemeanor), grand larceny (felony), false pretenses (felony) and escape (felony).Despite the SOl s criminal history, I believe that SOl provided credible information because theSOl s initial statement to police was later corroborated by the recorded conversation with DickieHoisington and Dickie s own statement to police.

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in Northfield the previous evening. Dickie then stated: Tammy and the boys went to that house

last night to rob them.

b The SOl identified the boys as Jonathan J Zampieri and Howard

Howie Hoisington. The SOl identified Tammy as Tammy Wilder. The SOl said she knows

each of these people personally and that Dickie Hoisington is Howie Hoisington's father.

c The SOl explained that Dickie told her that Zampieri, Hoisington and

Wilder traveled to the residence in Northfield, located at 258 Union Street Apartment #2, with

the intention of robbing them of crack cocaine. Dickie also said: it went too far'' and they

poured gasoline on a male at the residence.

12. In the afternoon of December 15,2015, the SOl agreed to meet Dickie Hoisington

and to wear a wire to record the conversation with Dickie. Vermont State Police Task Force

Officer Wade Cochran outfitted the SOl with audio recording and transmission device and then

drove the SOl to a designated location in Montpelier. The SOl got out ofTFO Cochran's vehicle

and walked to meet with Dickie Hoisington. TFO Cochran is familiar with Dickie Hoisington

through past investigations and from reviewing his VT DMV photo.

13. TFO Cochran watched as the SOl walked and met with Dickie. Ultimately, the

SOl and Dickie got into a vehicle. The SOl and Dickie proceeded to have a conversation about

the Northfield fire. During the conversation, Dickie urged the SOl to go to his sister' s residence

with him but the SOl refused. Dickie then made a call to someone named ' Diane'' (who I

believe is Dickie's sister) and put Diane on speaker phone. Dickie asked Diane i f she had heard

about the Northfield fire and she said yes. Dickie then said that Howie was involved and

that they went there to rob him a drug dealer, robbing him for drugs. Dickie told Diane

that _Howie was with J Zampieri'' and ~ ~ aTan1. Dickie later clarif ied and said that Ma Tam

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was ' Tammy W i l d e r . ~ ~According to D i c k i e ~'Ma Tam had been setting these fuckers up so

they can rob them.

14. Later in the c o n v e r s a t i o n ~Diane commented that she did not know why someone

would do something like that. Dickie responded: 'it's a fear tactic Diane They throw

gasoline on him and then threaten him Diane then asked: They threw gas on the guy

directly instead o on the house? Dickie replied: y u p ' ~

15. The conversation between the SOl, Dickie and Diane ended and the SOl left the

vehicle. A short time later, the VSP stopped Dickie for driving without a license. During that

s t o p ~Dickie agreed to speak with law enforcement back at Montpelier PD about the Northfield

fire.

16. At Montpelier P ~ VSP Det. Sgt. Scott Dunlap read Dickie his Miranda rights

which he agreed to waive. Dickie told Det. Dunlap the f o l l o w i n g ~among other things:

a. His son Howie is currently as his (Dickie's) r e s i d e n c e ~a trailer located in

M o n t p e l i e r ~and was there yesterday. Between 1 O:OOan1 and 11 :OOam Howie told Dickie he

needed to speak with him. Howie then told Dickie said that he (Howie) and ' Tammy and J

went to Northfield because Tammy needed money and they went to steal drugs.

b. Howie told Dickie that he and J went into the apartment and J sprayed the

male in the apartment with gasoline. J then lit the lighter and everything caught on fire.

c. Dickie said that in the past few days he could smell gasoline inside his the

house. Dickie also believes that J has blisters from the fire on his left hand.

17. A query o the VT DMV database reveals that Dickie Hoisington resides at 427

Junction Road, L o t # 2 ~M o n t p e l i e r ~Vermont. In connection with this investigation, law

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enforcement conducting surveillance o 427 Junction Road, Lot 2 in Montpelier has also seen

Dickie Hoisington leave and return to his residence.

18. Based on my training and e x p e r i e n c e ~I know that cocaine, which originates from

the coca plant, and is not manufactured in Vermont. Cocaine and cocaine base that are sold in

Vermont have to be brought into the State by a variety o means including by c r ~bus and train.

Based on this, I know that drug dealing is inherently an economic enterprise that affects

interstate commerce. Therefore, I believe that Howard Hoisington, John Zampieri and Tammy

Wilder affected interstate commerce when they conspired to rob Efren Serrano o drugs, and in

fact, seriously injured him.

19. On December 15 2015, at approximately 8:00 p.m., this Court signed a search

warrant permitting the search o 427 Junction o a d ~Lot 2 in Montpelier. Later that night, the

Vermont State Police Tactical Unit arrived at the Hoisington residence at 427 Junction Road and

tried to have Howie Hoisington exit the residence. While doing so, Hoisington attempted to run

out o the back o the trailer. The VSP arrested Hoisington and conducted a protective sweep o

the trailer. No search o the residence was conducted at that time.

20. Around this same time, law enforcement investigators queried the Vermont E-911

system and learned that the physical address o the Hoisington residence was Park Manor Drive

Lot 10 in Berlin, Vermont. Therefore, even though Dickie Hoisington's address in VT DMV is

listed as 427 Junction Road in Montpelier, the physical location appears to be Park Manor Drive

in Berlin. According to the Vermont E-911 map, the trailer park where the Hoisington residence

is located is located in both Montpelier and in Berlin which may explain the two different

addresses.



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Dated at Burlington in the District o f Vermont this 16th a ~ -.December 2015.

c/ ~ - / / _ _M TTHEW EKSTROM

Special Agent A TF

Sworn to and subscribed before me this 16th day of December 2015.


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