Statement of Facts ted & : za #1464, conduc 1 On November 29, 2014, this officer, Trooper Michael Maz? SN criminal investigation of arson of dwelling by Mark Anthony Andre pmitehaRaR of 222 Belchertown Road, Amherst, MA. ‘Amherst Fire 2. On Saturday, November 29, 2014 at approximately 1752 hours, the own Road in the Town of Amherst for @ and Police Departments responded to 222 Belchert reported structure fire. Upon the arrival of the police department, both sides of the duplex style dwelling. Upon fire fighters arrival they encoun! contents fire on the second floor of a three story wood frame structure. The dwe ms with common efforts were made to evacuate tered a room and elling house was being utilized as a shelter consisting of several single and double unit bedroo! use kitchens, dining rooms and bathrooms. The interior fire damage was contained to the second floor rear bedroom on the left side of the structure. 3. On same date at approximately 1830 hours, Tpr. Marc Reidy and this officer were contacted to respond to the scene to assist with the origin and cause investigation. 4. On same date at approximately 1930 hours, this officer arrived on scene. The road was blocked with both police cars and fire trucks. This officer met with police and fire officials on the scene. While on scene, this officer learned that the fire originated on the second floor of 222 Belchertown Road. The house is a side by side duplex numbered, 222-224 Belchertown Road and currently used as a transitional housing shelter. Amherst Fire Chief Nelson directed this officer to the second floor, left, rear bedroom. ‘There, Amherst fire fighters ‘Tebo and Gaughan advised this officer that a portion of the ceiling was pulled down onto a salvage cover and the debris was brought outside. The rest of the scene had been preserved aft uppression. It was futher relayed, that the lone occupant of the room had reportedly leh sh. ee soe cio oedianl ae ee a later identified at ANDRE, Mark A., (DOB 07-+ ~60) approximately ¥ mile cone occupant, a bus stop wearing only a red union suit. Detetive Richard Maclean advised this off house at ANDRE had since been transported to Cooley Dickenson Hospital in Northamptos yg Amherst FD. Amherst Fire Department transported ANDRE pursuant to ee pton by the Pt. 12 See 19,mself and anted to harm to hin Al E NDRE had made statements to Det. Maclean indicating that he n Hospital. others at the bus stop prior to being transported to Cooley Dickinso 5 officer made arrangs ak with AND mn the 5 eee ements to : Afier a brief examination of the room of origin thi RE. Prior secure the room while, Det. Maclean and this officer went to CDH (0 sPe to the front bedroom © 1 suspicious items, requested and were found not to exiting the second floor, this officer's attention was directed fire fighters discovered several consistent with the manufacturing of IED's. Tpr. Cotton MSP Bomb Squad was ced in the front bedroom, second floor. During suppression efforts, responded. A subsequent examination of materials locaté to be an immediate threat. 041 hours, Det. Maclean and this officer arrived 6. On same date, at approximately 2 wurselves t0 at room #12 in the Emergency Department of CDH. At that time, after introducing 01 ANDRE, ANDRE agreed to speak with officers as well as be electronically recorded. D that conversation, ANDRE stated that he was alerted to the fire in his room because he co breathe. ANDRE stated that he saw the fire and that it was like a dream to him. ANDRE reported that he had been in bed most of the day. He was depressed over the recent breakup with a girlfriend he identified by name as F&F © rofSpofford, NH. ANDRE went on to say it was “the end of something”. ANDRE stated that he was in and out of When asked if this was a suicide attempt on his part, ANDRE replied uring wuld not that today was different; sleep and sanity all day. that he had in fact tried to commit suicide a year or two earlier by ingesting pills. When asked by this officer if he had taken any medication recently he reported no but that he did smoke a “roach” earlier in the day, sometime around noon. Because it was so close to the end of the month, ANDRE indicated he didn’t have any more cannabis or the funds to buy any more. ANDRE did state that in the past he has had 50-60 separate voices in his head. Since experimenting with cannabis, most of the voices have diminished. ANDRE continued on about his housing situation. ANDRE stated that he had lived in the house since the summer time. He expressed his dislike for Hwei-Ling Greeney, the Director of the shelter. ANDRE went on to say that he felt as though she had taken monies due to him in the past and that he wasn’t going to pay her anymore money for rent as he felt he got back what she owed him. When asked. ANDRE confirmed that he had been the only occupant in the room this date. ANDRE eee while he was lying in bed, wrapped in blankets he had on several times urinated on himself | his.use to the fire and IDRE reported that : E also one of the house mates asked him if he was ok, and that he didn’t respond. Ne where his smoking clothing and beddings. ANDRE was asked if he had alerted anyone in the rs he said no. On his way out of the house, while the alarms were sounding, AN! talked about utilizing a tin can as a pipe to smoke some cannabis and zs ; . i e materials would be as well as the contents of his pockets, all being left on his desk. interview was concluded at 2115 hours, Refer to electronically recorded interview while traveling from Cooley 7. On same date, at approximately 2130 hours, contacted Amherst Police Dispatch Dickinson Hospital back to the Belchertown Road scene, ported that Det. Maclean via radio and reported that the Charge Nurse at CDH called and rey ANDRE wanted to again speak with officers as he remembered more about the fire. 8. On same date at approximately 2131 hours, Det. Maclean and this officer again met with ANDRE at CDH. Again after agrecing to be electronically recorded, ANDRE stated, “I remember the flames, and I remember I walked into them to die.” This officer then asked ANDRE if he lit the fire, ANDRE stated “I must have”. This officer then started to advise ANDRE of his rights per Miranda from a printed card, During same, ANDRE stated “in that case I better not answer the question because if] lit the fire I’ve committed a crime so I need a lawyer”. ANDRE then stated that he understands that now. ANDRE then stated I tried to kill myself, I immolated myself, I have the blankets wrapped around, they were urine soaked and I saw the flames and I said this is how its gonna happen. ANDRE was advised that the recorder was still on and that he should stop talking. The interview was terminated at 2133 hours. Refer to electronically recorded interview. 9. On same date, at approximately 2200 hours, Det. Maclean and this officer arrived back at 222 Belchertown Road Amherst. At that time, this officer along with Tpr Reidy, fire fighters Tebo and Gaughan, conducted an origin and cause examination. The room of origin wa: the second floor rear bedroom occupied by ANDRE. The area of origin was in the “B”, “> comer from the doorway, between the closet and window of the exterior “B” wall. In that area the burned remains of a whicker chair was discovered. In the burned remains, two blankets, and some articles of clothing were found. There were no competent accidental heat sources in the area, Discovered on the floor, in the closet, beneath the clothing that appears to have fallen from the closet clothes rod was a black disposable lighter. The wires in the ceiling lights, outlets andand all eliminated as a cause of this fire. sheets. That “C” side baseboard electric heat were all examined by this officer Observed on the floor at the foot of the box spring and mattress were the unburned ath the exterior mattress itself was undamaged by fire. On the desk in the room bene A wall, this officer discovered the aluminum can reportedly utilized by ANDRE asa pipe 8 well as his clasp purse utilized by ANDRE for smoking his cannabis. The smoking materials did not contribute to the cause of the fire It is the collective opinion of these officers that the fire was incendiary in nature. 10. clothing and ‘The cause was the application of an open flame to the available Class A materials, blankets surrounding the wicker chair. Andre is currently homeless and his where about are unknown as a result of the 1, had already been initiated against ANDRE from 222 fire. Prior to the fire, eviction proceedings Belchertown Road in the Town of Amherst. ANDRE has stated to officers that he has attempted ‘0 find shelter in Brattleboro, Vt 2. Based on the aforementioned facts and circumstances, I respectfully request the ssuance of an arrest warrant for Mark Anthony Andre (DOB: 07/2 11960, SSN 2 4-2%79"8) of 22 Belchertown in Amherst, MA, for the following offense: MGL Ch 266 sec 1 - Arson of Dwelling Holyoke, Massachusetts