UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN Wore 22 Azz UNITED STATES OF AMERICA v. Jt CRIMINAL COMPLAINT JOSEPH N. SLOMA (d.0.b, xx/xx/63) CASE NUMBER: 11-M- (009 |, Rick A. Hankins, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief. That on or about September 27, 2009, in the State and Eastern District of Wisconsin, Joseph N. Sloma, by means of an explosive and fire, did maliciously damage and destroy property used in interstate commerce and and in an activity affecting interstate commerce, namely, through the use of an explosive device and a resulting fire to cause extensive damage and destruction to four fishing vessels known as the Trout Scout, the Crown Royal, the Predator, and the Peanuts IV, in violation of Title 18, United States Code, Section 844(i). | further state that | am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and this complaint is based on the following facts: Please see the attached affidavit. Continuad on the attached sheet and made a parthereof: xX Yes __No Signature of Combiainant RICK A. HANKINS, ‘Sworn to before me and subscribed in my presence, 2- 22-201| at Groen Bay, Wiscons! Bae Siveng Sire ‘The Honorable Jamos R. Sickel United States Magistrate Judge. Name & Title of Judicial Officer ” of Judicial Officer ae Case 1:11-mj-00609-URS Filed 02/22/11 Page 1 of 8 Document 4AFRIDAVIT Rick A. Hankins, being first duly sworn on oath, state that: 1. Tama special agent for the United States Department of Justice, Bureau of Alcohol, Tobacco Firearms and Explosives (“ATF”) assigned to the Milwaukee Field Office, State and Eastem District of Wisconsin. Ihave been an ATF agent since April 2003, and my duties are to investigate alleged violations of federal firearms laws, which inchudes arson and destructivelexplosive device cases. | am a cortfied fire investigator with ATF, having successfully completed the agency's two-year program which including course work, field work, a research project, and other research papers. 2. The information herein is based upon my personal observations and investigation, 48 well as information relayed to me by other law enforcement officers and citizen witnesses referenced below. To the extent that the information is not based upon my personal knowledge, I believe it to be truthful and reliable. I have investigated this case with Special Agent Michael Rindl, a certified fire investigator from the Wisconsin Division of Criminal Investigation's (*DCT") Arson Bureau. 3. 0119/27/09, at approximately 8:00 p.m. the Kewaunee Police and Fire Departments were dispatched to a boat explosion at the Salmon Harbor Marina, State and Eastern District of Wisconsin, The 120-plus stip marina connects to Lake Michigan through a Page 1 of 7 Case 1:11-mj-00609-JRS Filed 02/22/11 Page 2 of 8 Document 1short channel, giving the federal and state governments concurrent jurisdiction over the waters ‘When the fire department arrived, the charter fishing vessels Trout Scout, Predator, and Peanuts IP were fully involved with fire, and the pleasure boat Crown Royal was extensively damaged from the explosion and heat radiation, 4, The four boats (alt approximately 30 feet or more in length) were moored at two adjacent docks. The fires were extinguished, but not before the Trout Scout, Predator, and Peanuts IV were destroyed, with only their hulls remaining. Based on lay witnesses, first reponders, and scene evidence, it was determined that a strong easterly wind blow the fire downwind fiom its origin on the Trout Scout to the Predator and the Peanuts IV. The Crown Royal was adjacent to the Trout Scout but upwind, so it did not sustain fire damage other than hat radiation, It also sustained damage consistent with an explosion, No one was on the boats at the time, and no one was injured from the explosion, fires, or the fire suppression. The boat owners included L.A, (Trout Scout), R.K. (Predator), 8.8. (Peanuts IV), and J.W, (Crown Royal). 5. Lresponded to the seene along with DCI SAs Michael Rindt and Kevin Heimer That night and over the next several weeks, we examined the boat remnants and interviewed witnesses, Arca witnesses reported heating explosion-type noises before seeing the fire. Fishing lures from the Trout Scout, along with shattered glass and white plastic, were on the wooden Page 2 of 7 se 1:11-mj-00609-JRS Filed 02/22/11 Page 8 of 8 Document 1«lock separating the Trout Scout and the Crown Royal, There was more shattered glass on the Crown Royal's bow, and impact and heat radiation damage on the side of the Crown Royal facing the Trout Scout. More white plastic debris was found approximately 62 feet from the Trout Scout, and another Trout Scout ture was found in the grass approximately 33 feet from the boat. DCI submitted several pieces of recovered plastic to the Wisconsin Crime Laboratory, but no explosive residues were detected, 6, Based on the witness statements and the fire scene examination, SA Rindt and I concluded that an explosion on the Trout Scout caused the resulting fires, but the explosion’s cease was undetermined, 7. In April 2010, a confidential informant told SA Rindt that Joseph Sloma planted a pipe bomb on the Trout Scout. The informant said that Sloma admitted to detonating the pipe bomb because Sloma did not like the Trout Scout's owner, L.A. The informant also reported seeing pipe bomb material at Sloma’s house in January or February 2010, and that Sloma was planning to damage other boats that were stored in a building at the marina. 8. On 6/14/10, at approximately 11:30 a.m., SA Rindt and I went to Sloma’s farm ‘unannounced for an interview. After receiving no response at the house, we walked to the outbuildings to find him, Having no luck, ] walked toward an open field area and saw two picces ‘of white PVC on the ground near a wooden wagon. The pieces were jagged and showed thermal Page 3 of 7 Case 1:11-mj-00609-JRS Filed 02/22/11 Page 4 of 8 Document 1damage, consistent with being used as pipe bomb material. [left the pieces there and we left the property. 9. When we returned at approximately 1:30 p.m,, Sloma was home and answered the door, When asked about the Salmon Harbor explosion, Sloma denied any knowledge and he denied making or detonating PVC pipe bombs on his property. When we confronted him about the fractured PVC pieces we found earlier, Sloma said that curiosity caused him to make and explode a PVC pipe bomb on his property in 2008, Sloma consented to en outbuilding search, ‘where we found cut sections of PVC pipe and end caps, When confronted with this material, Sloma asked what would happen to him if he was involved with the Trout Scout explosion. SA Rindt said there would be consequences, but that we would not be arresting Sloma that day. After several minutes, Sloma admitting placing a pipe bomb on the Trout Scout 10, Sloma explained that he end [redacted, hereinafter “John Doc") talked about using pipe bombs to get rid of some charter boats, and that they chose the Trout Scout since L.A. turned John Doe into the DNR for overfishing. Sloma said that he used a ten to twelve-inch section of two-inch PVC pipe, filled with Pyrodex and triggered by a quarter stick of dynamite. (Pyrodex is a propellant designed for use in muzzlcloading and black powder cartridge arms.) Sloma said that he bought the PVC in Green Bay and the Pyrodex from Gander Mountain in Sheboygan, and John Doe gave him the dynamite. Stoma had done internet research on making Page 4 of 7 Case 1:11-mj-00609-JRS Filed 02/22/11 Page 5 of 8 Document 1the bombs, and decided to use PVC since it was not as dangerous as steel, Sloma actually made ‘two bombs from one section of PYC and tested one device on his property, After lighting the three-inch fuse and running away, the bomb exploded and debris struck him in the head, so he used approximately two feet of fuse on the Trout Scout pipe bomb. IL. Sfoma said that John Doe was not around when Sloma made and exploded the pipe bombs, but that John Doe supplied the hobby fuse and a total of three one-quarter sticks of dynamite. Two sticks were sed in the pipe bombs and the third was reportedly blown up in the Salmon Harbor marina by Sloma and John Doe. 12, Sloma said that he planted the Trout Scout bomb in the boat’s cabin area. After lighting the fuse, he drove away and did not hear the explosion. Slome said that John Doe had advance knowledge of Sloma’s plan, and that afterwards, John Doe talked about blowing up ‘more boats but Sloma said no, Sloma said he was not surprised by the damage that resulted from the Trout Scout pipe bomb, We obtained Sloma’s consent to recover the PVC material from hi property, 13, n 9/21/10, Tspoke with the Trout Scout’s owner, L.A., who told me that at the time of the explosion and fire on on 9/27/09, he used the boat to accommodate charter fishing customers on Lake Michigan, L.A, had been a fishing guide for over thirty years and relied on charter fishing for income, Over the years, his clientele included residents from Wisconsin, Page 5 of 7 Case 1:11-mj-00609-JRS Filed 02/22/11 Page 6 of 8 Document 1‘Texas, Michigan, [linois, Colorado, and Minnesota, as well as foreign clients from Turkey and England, L.A, had out-of-state clients every year as a charter boat captain. 14, On 9/21/10, I spoke with the Peanuts IVs owner, 8.S., who told me at the time of the explosion an¢ fire on on 9/27/09, he used the boat to accommodate charter fishing customers on Lake Michigan. $.S. had been a fishing guido for over twenty-three years, and he averaged about $18,000-$20,000 in income every year from taking charter fishing clients on the Peanuts IV. SS. said that his clients regularly included out-of-state visitors, including residents of Minnesota, Illinois, California, and Florida. $.S, had out-of-state clients every year as a charter boat captain. 15. On 9/21/10, Ispoke with the Crown Royal’s owner, J.W., who told me at the time of the explosion and fire on on 9/27/09, he used the boat as a personal fishing boat on Lake Michigan. The Crown Royal was manufactured in New Jersey, and was insured by American Family Insurance, a Wisconsin-based insurance company with over $4.8 billion in policyholder equity that operates in nineteen states and offers insurance for automobiles, boats, homes, lives, health, businesses, farms, and ranches, 16. On 9/22/10, I spoke with the Predator’s owner, R.K., who told me that atthe time ofthe explosion and fire on on 9/27/09, he used the boat to accommodate charter fishing customers on Lake Michigan, R.K. had been in the chatter fishing business for approximately Page 6 of 7 Case 1:11-mj-00609-URS Filed 02/22/11 Page 7 of 8 Document 1‘wenty years, and the Predator was being managed by other fishermen when it was destroyed. R.K. relied on the Predator’s charter business for income, and the boat hosted out-of-state clients every year including residents from Minnesota and Michigan. 17, Based upon the foregoing information, I believe there is probable cause to believe that Joseph N. Sloma committed arson, in violation of 18 U.S.C, § 844(i). AFFIANT RICK A. HANKINS ‘Subgsihed and sworn before me this 22-day of February, 2011 Page 7 of 7 Case 1:11-mj-00609-JAS Filed 02/22/11 Page 8 of 8 Document 1