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

A091 (Rev. II/II) Criminal Complaint

UNITED STATES DISTRICT COURT .

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MARK McCLOUD

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Defendant(s)

CRIMINAL COMPLAINT
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

District of

Vermont

Code Section

in the county of

Washington

in the

, the defendant(s) violated:

Offense Description

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

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

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

not registered to him in the National Firearms Registration and Transfer
Record

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

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

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.

Sworn to before me and signed in my presence.

Date:

City and state:

12/14/2015

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Burlington, Vermont

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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

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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.
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
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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
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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 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 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
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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 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. On 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
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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 10 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
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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.

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Dated at Burlington, in the District of Vermont, this 14th day of December, 2015.

Special Agent Scott Murray

Bureau of Alcohol, Tobac , Firearms & Explosives

Sworn to and subscribed before me this 14th day of December

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