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AO I 06 (Rev. 04/l 0) Application for a Search Warrant

UNITED STATES DISTRICT COURT for the Middle District of Florida In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address)

Property, Residence and Buildings located at: 3032 Williams Boulevard Valrico, Florida

) ) ) ) ) )

Case No ..~ ·. 1'-\-- ~t;r- 1415"- T -E.Art"

APPLICATION FOR A SEARCH WARRANT l, a federal law enforcement officer or an attorney for the government, request a search warrant and state under penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the property to be. searched and give its location):

See Attachment A located in the _ _ _M_id_d_l_e___ District of _ _ _ _ _F..:. .Io;_r.:. . id. . : a_ _ _ _ _ , there is now concealed (identify the person or describe the property to be seized): ,·

See Attachment B Subject Premises One The basis for the search under Fed. R. Crim. P. 41 (c) is (check one or more):

ri evidence of a crime; ri contraband, fruits of crime, or other items illegally possessed; ~property designed 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. §§ 922(a)(6), 924(a)(1 )(A) and 26 U.S.C. § 5861(d)

Offense Description False Statements in the Acquisition of a Firearm False Statements to a Federal Firearms Licensee Possession of Unregistered Firearms

The application is based on these facts:

M Continued on the attached sheet. 0 Delayed notice of _ _ days (give exact ending date if more than 30 days: _ _ _ _ _ ) is requested under I 8 U.S.C. § 3 I 03a, the basis of which is set forth on the attached sheet.

RONALD J. MONACO, Special Agent Printed name and title

Sworn to before me and signed in my presence. Date:


City and state:

~P... t ~

ELIZABETH A. JENKINS, U.S. Magistrate Judge Printed name and title


I, Ronald J. Monaco, s路pecial Agent of the Federal Bureau ofinvestigation (FBI), United States Department of Justice, being duly sworn on oath, state the following:

1. I am a Special Agentofthe FBI, United States Department of Justice, within the meaning of Title 18, United States Code, Section 251 0(7). As a law enforcement officer, I am empowered to conduct investigations. 2. I have been employed with the FBI since August 1992. I have been assigned to the Tampa Division since February 2010. I am charged with investigating domestic terrorism related offenses. Prior to being assigned to Tampa, I was assigned to the Newark Division, the San Juan Division, the London Legal Attache office, and FBI HQ where I investigated illegal drug trafficking, money laundering, and other financial crimes. Prior to my employment with the FBI, I was a Certified Public Accountant. At all times during the investigation described in this Affidavit, I have acted in an official capacity as a Special Agent of the FBI. 3. To the extent, I express my beliefs as to what the speaker meant by a certain phrase or statement, these are my beliefs based upon my training and experience and the contexts of these statements. The information provided in this affidavit is not each and every fact known to me, but rather, sufficient information to establish probable cause regarding violations of Title 18, United States Code, Section 371: Conspiracy to Commit Offenses Against the United States; Title 18, United States Code, Section 922(a)(6): False Statements in the Acquisition of a Firearm; Title 18, United States Code, Section 922(g)(l ): Felon in Possession of a Firearm; Title 18, United States Code, Section 924(a)(l)(A): False Statements to a Federal Firearms Licensee;

Title 26, United States Code, Section 5861 (d): Possession of Unregistered Firearms, to wit: Destructive Devices; and Title 26, United States Code, Section 5861 (f): Manufacturing 路 Unregistered Fireanns, to wit: Destructive Devices ("SUBJECT OFFENSES"). 4. I believe the information set forth in this affidavit does establish probable cause to believe that evidence of the SUBJECT OFFENSES will .be found at the following locations:


3032 Williams Boulevard, Valrico, Florida ("SUBJECT PREMISES ONE");


4417 Rose Street, Valrico, Florida ("SUBJECT PREMISES TWO A and B");


4413 Pine Street, Valrico, Florida ("SUBJECT PREMISES THREE"); and


Three additional properties owned or co-owned by Martin WINTERS

(WINTERS) which are:


3031 Williams Boulevard, Valrico, Florida;


3037 Williams Boulevard, Valrico, Florida; and


4313 Spring Road, Valrico, Florida.

5. STATUTES: a. 18 U.S.C. 搂922(a)(6): It shall be unlawful for any person to in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented -'

identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with


respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter. b. 18 U.S.C §922(g)(l): It shall be unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce. · c. 18 U.S.C. §924(a)(l )(A): Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, it is unlawful for anyone to knowingly make any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter. d .. 26 U.S.C. §586l(d) and (f): It shall be unlawful for any person to receive, possess, or make a firearm which is not registered to him in the National Firearms Registration and Transfer Record ("NFRTR"). e. NFRTR: The NFRTR is a registry maintained by A TF that includes the name, address, personal identification information, photograph, and fingerprints of individuals who possess NFR TR weapons. The system also contains all identifying information concerning the NFRTR weapon owned/transferred by the individual. NFRTR weapons include machineguns, silencers, pen guns, short- barreled rifles, shotguns, and destructive devices.

f. Firearms Definition: The National Fireanns Act defines firearms at 26 U. S.C.§ 5845(a) to include, among other things, destructive devices as defined in 26U. S.C. §5845(£). NFA firearms are subject to registration requirements in 26 U.S. C. §5841 in the NFRTR maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("A TF").


6. FIREARMS ENFORCEMENT: a. Federal Fireann.s Licensee ("FFL"): An FFL is a person or corporation with a license enabling them to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms. FFLs are required to report to ATF all transactions in which an unlicensed person acquires two or more pistols or revolvers or any combination of pistols or revolvers totaling two or more at o'ne time or during five consecutive business days. b. Acquisition/Disposition Record ("A&D"): An A&D is a record or bound book required to be maintained by all FFLs to record the receipt (date and source) and disposition (date and transferee) of all firearms as well as a complete description of the firearm( s). c. ATF Form 4473, Firearms Transaction Record: An ATF Form 4473 is a form completed and maintained by all FFLs to document the transfer of fireann(s) to an unlicensed individual. The form is completed by both the purchaser and the FFL and contains full identifying information concerning the purchaser, firearm, date of transfer, and FFL number. The primary purpose ofthe form is to determine the eligibility of the purchaser to legally acquire and possess firearms. d. Firearms Trace: The tracking of a recovered crime gun's history, from its source (manufacturer/importer) through the chain of distribution (wholesaler/retailer), to the first nonlicensed purchaser of the firearm. e. Straw Purchase: The acquisition of a firearm(s) from a FFL by an individual (the "straw"), done for the purpose of concealing the identity of the true intended receiver of the firearm(s).


PROBABLE CAUSE TO SEARCH 7. a. In late 2013, the FBI became aware of a group in Valrico, Florida, known as the River Otter Preppers ("ROP") led by WINTERS who was manufacturing destructive devices. WINTERS and the ROP are preparing for an end-of-times event as prophesied by the Book of Revelations in the Bible which he believes will occur in the near future which will require individuals to rely on themselves for food and protection from other individuals and the federal govemment. In addition to WINTERS, members ofthe ROP include James BEEBE, Desiree BEEBE, Michael BONTA, Jason SWAIN, and Nicholas HALL. In September, 2013, an FBI Undercover Employee (UCE) was introduced to WINTERS. b. The FBI's investigation on WINTERS has shown that WINTERS has unlawfully used straw buyers to purchase multiple AR-15s, presumably in furtherance of his expectation for an end-of-time event. I have reason to believe these AR-15s have been buried and strategically located on WINTERS' properties. Furthermore, during the undercover operation, WINTERS supervised, caused tci be manufactured, and sold multiple destructive devices. These destructive devices consisted of metal tube pipes that were designed to fire a 12 guage shotgun shell from the device. These destructive devices were intended to function as booby traps. Lastly, various individuals associated with WINTERS have unlawfully possessed firearms and acquired firearms by fraud. 8. On June 5, 2014, the Grand Jury for the Middle District of Florida (MDFL), Tampa Division handed down the following Indictments which are under seal:


a. MDFL Case No. 8:14-CR-229-T-33AEP charges Martin Howard WfNTERS and Michael Keith BONTA with making and possessing destructive devices without permission or registration, in violation of Title 26, United States Code, Sections 5861(ÂŁ) and (d); b. MDFL Case No. 8:14-CR-230-T-26TBM charges James Bruce BEEBE and Desiree Nikkole BEEBE with felon in possession of a firearm and making a false written statement to an FFL, in violation ofTitle 18, United States Code, Sections 922(g)(l) and (a)(6); and c. MDFL Case No. 8:14-CR-227-T-26TGW charges Jason Michael SWAIN and Nicholas Ryan HALL with felon in possession of a firearm and making a false written statement to an FFL, in violation of Title 18, United States Code, Sections 922(g)(l) and (a)( 6). 9. Background: . a. On September 25, 2013, the UCE met with WINTERS at his residence located at 3032 Williams Boulevard, Valrico, Florida (SUBJECT PREMISES ONE). WINTERS explained how he prepares firearms for burial to place in barrels for caches. WINTERS stated that he has had firearms in barrels for two years. Winters commented that you can place fifteen AR-15 style firearms in each barrel or seven AR-15 firearms, seventy "clips" (ammunition magazines) and seven bullet proof vests in a barrel. WINTERS stated that he stores seven firearms per barrel. b. That same day WINTERS showed the UCE a map of his "neighborhood" and stated that members of his group will be stationed along the river during an apocalyptic event to look out for government boats. c. WINTERS then showed the UCE maps of trails that his followers, "the Army guys," will use to protect their property or repel government agents. The government is not aware of the trails and only knows the roads around WINTERS' properties. WINTERS explained that if government agents are on the road between two fences, they will be killed. There was also a


computer in the same room as the book of maps at SUBJECT PREMISES ONE that could have been used to create the maps. d. WINTERS told the UCE that "bullet things" and "rod holders" (later detennined to be . destructive devices) would be placed in trees on his property to be used against the government agents. e. On October 2, 2013, the UCE met WINTERS at SUBJECT PREMISES ONE. WINTERS explained that when government agents come to SUBJECT PREMISES ONE, WINTERS will barricade his door, he willrelease propane gas and shoot at the agents with his pistols. He will then run around his residence and shoot the government agents from other covered positions. The gas will continue to fill the residence until it results in a fire.

f. Later that day, WINTERS gave the UCE a tour of part ofthe neighborhood (identified by UCE as the properties located at 3031 Williams Boulevard, 3037 Williams Boulevard, and 4313 Spring Road) and pointed out several bunkers that WINTERS has on the three properties. WINTERS stated that he has forty men in the neighborhood with forty firearms that are willing to participate in the defense of the property. WINTERS stated that this area was w4ere they will have their ultimate defensive position, calling it his "last stand." WINTERS 'stated that when the government agents run from the gas he is going to "shoot them in the back" and "kill them all". g. On October 5, 2013, the UCE met with WINTERS at SUBJECT PREMISES ONE. WINTERS explained how he is. making a booby trap that shoots fishhooks on wires that are shot out of pipes with high pressure. air. The pipes will be mounted on the eaves of the porch to catch government agents on the porch. WINTERS will then shoot the government agents while they are entangled in the hooks.


h. On October 10,2013, the UCE met with WINTERS at SUBJECT PREMISES ONE. WINTERS told the UCE that he has buried four barrels with fifteen AR-15 fireanns in each barrel. WINTERS told the UCE that he has spent over $200,000 in his preparations. WINTERS explained how to bury the barrels and mark the spot where it is buried. WINTERS reiterated that he bas forty men in the "neighborhood" that are "willing to shoot." WINTERS then showed the UCE an AR-15 style rifle and stated "This is the kind of guns we've got. Everybody's got the same gun." WINTERS advised the UCE to bury some of the UCE's firearms near his property. i. WINTERS showed the UCE the type of barrel he used to bury firearms. WINTERS stated he has buried 50 rifles. WINTERS stated he buried the barrels .first, and then brought two to three rifles out to the barrels at a time. WINTERS recommended to the UCE that weapons be buried up to 300 or 400 yards away from the UCE's residence, so government agents won't find them. WINTERS said he marked the barrels with a mound of dirt and a PVC pipe. j. On October 27, 2013, the UCE met with WINTERS at SUBJECT PREMISES ONE.

WINTERS recommended to James BEEBE, who was present, that he keep a shotgun in his residence, and bury his other rifles in the woods. Law enforcement investigation has determined that BEEBE is a convicted felon (See~ ll.d. below). k. On November 19,2013, the UCE met with WINTERS at SUBJECT PREMISES ONE. WINTERS showed the UCE the fishhook booby trap that he had completed. It consists of fish hooks con11ected to fishing line which are placed in plastic piping hidden in the roof of WINTERS' porch and is activated by compressed air being released into the pipe which in tUrn pushes the hooks and line out of the pipe at intervals. The fishhooks hang at crotch level to entangle the expected government agents. WINTERS then showed the UCE his rifle next to his bed that he stated he will use to kill the government agents that are entangled in the booby trap.


WINTERS stated the firearm-is loaded and ready to go. WINTERS then successfully tested the fishhook booby trap.

I. On November 17,2013, WINTERS told the UCE that WINTERS buried 4 barrels that week. WINTERS explained that he went to a cemetery "out by the mines" with his Bobcat allterrain vehicle and drove to a wooded area in the back of the cemetery that did not have a fence. WINTERS路 had 2 barrels on the Bobcat and went into the woods to clean out a circle. WINTERS then motioned to the UCE that he buried 2 barrels in one location and thenburied 2 barrels in an area nearby, all in the woods in the back of the cemetery. m. On November 21, 2013, SA Christopher Franck, 路sA ChristopherJolmston, Task Force Agent Patrick Ricks, and I searched an area of the Bethlehem Memorial Cemetery, located at 17385 Bethlehem Road, Mulberry, Florida, more than ten miles from WINTERS' residence. The area searched was on the north-west boundary inside of a tree line contiguous with the cemetery. The edge of the tree line contained an area of matted down undergrowth that lead to two separate areas in the tree line. Each of these areas in the tree line, one to the north and one to the south, was comprised of an area that had been dug out and two light green metal drums were placed in each area for a total of four drums. The soil had then been packed back into the holes and the entire area was covered with palm fronds. The drums were empty at that time; however, the discovery of these four drums confinned that what WINTERS told the UCE was not idle talk. n. Also, agents discovered that a video entitled "Hidden Food+ Camp Storage", was posted to Youtube on the riverotterpreppers web page on January 8, 2012. The video showed an individual, believed to be WINTERS, digging up what he described as a 55 gallon drum with a rubber lid. The narrator of the video advised that "this is one of our many food barrels, or supply


barrels." The video showed multiple shrink-wrapped food items contained in the barrels. Additionally, WINTERS advised that the barrels should be buried "a little higher than the ground so that water doesn't set on it." WINTERS was then shown mounding dirt and leaves onto a closed barrel as well as placing a small tree stump on the top of the barrel as to mark it for future reference. o. On December 6, 2013, the UCE met with WINTERS at SUBJECT PREMISES ONE. WINTERS stated that if the government gives him enough time, it will be worse than Waco and he discussed setting propane gas tanks by the entrance to his property and shooting the tanks in order to kill government agents as they entered the property. WINTERS also stated that if he is attacked he would run through the woods, circle back, and then flank the attackers in order to kill them. p. On February 5, 2014, the UCE visited SUBJECT PREMISES ONE. While there, the UCE met with Jason SWAIN (SWAIN) and Nick HALL (HALL). SWAIN showed the UCE a Bushmaster AR-15 rifle, scope, and two plastic magazines containing.ammunition. SWAIN stated he purchased the rifle for $650. SWAIN advised he had two AR-15s at home, one was SWAIN's and one belonged to his girlfriend (Casey Kendall). SWAIN further stated he buried a third AR-15 with some food, along his "bug out" route. SWAIN then took the rifle back to his residence, which is located at SUBJECT PREMISES TWO A. HALL stated he has "one of Marty's" rifles. SWAIN had told the UCE that HALL has an "assigned rifle" from WINTERS. q. A search of Florida State records shows SWAIN was convicted of Burglary/Occupied Dwelling and Grand Theft, both felonie.s, on October 4, 2007. SWAIN is prohibited from possessing firearms as his civil right to possess firearms has not been restored.


r. On March 13,2014, the UCE met with SWAIN at his residence (SUBJECT

PREMISES TWO A). SWAIN again showed the UCE his Bushmaster AR-15 rifle. SWAIN 路 stated WINTERS bought 50 AR-15 rifles in one month. SWAIN further stated that WINTERS had several people buy numerous rifles because WINTERS believed they could only purchase five rifles at a time. See Straw Purchase One at ~1 0 below. s. On May 5, 2014, SWAIN told the UCE he has a Kel-tec PF9 with laser, Mini 14, AR15, and "380's." t. On May 13,2014, SWAIN explained to the UCE the method for wrapping a rifle in preparation for burying it. SWAIN advised that he personally has \楼rapped the upper receiver and lower receiver separately in towels after lightly coating them with oil and then wrapping them together in plastic shrink wrap and tape. SWAIN stated that he had prepared WINTERS' rifles for burial, but had used fewer towels. u. On May 16, 2014, HALL told the UCE that the rifle that WINTERS assigned to HALL is kept at WINTERS' house. HALL told the UCE that HALL knows where his assigned rifle is at "Marty's house" and is going to try and get WINTERS to let HALL bring the rifle home. v. On May 18,2014, WINTERS told the UCE that WINTERS. buried the destructive devices, which WINTERS commonly refers to as "fishing rod holders", in the ground that morning. WINTERS did not disclose the location of the buried destructive devices. WINTERS advised that he did not want them in the house because he believes he will be charged (by law enforcement) with "50 million other charges if they ever got in."

w. On that same day, WINTERS told the UCE that although he has one folding Remington AR-15 style rifle buried approximately 4 miles from his house, he has his "new 11

guns" close to his house and "around the neighborhood." WINTERS further stated he has one gun in his house that he will use to shoot everyone that is at the front of his house. Three of

WINTERS' properties located in the neighborhood within 300 to 400 yards of SUBJECT PREMISES ONE, which is the distance WINTERS路has told the UCE that he should hide his AR15s, are the three properties on which WINTERS had taken the UCE on a tour ofhis "last stand" . bunkers identified at~~ 4.D. and 9.f. above. Given the fact that WINTERS has stated that the bunkers on 3031 and 303 7 Williams Boulevard and 4313 Spring Road are intended to be used as his "last stand," it is reasonable to believe he has selected these properties to bury his cache of AR-15s. x. On June 6, 2014 Hillsborough County Sheriff's deputies received a Crime Stopper tip that SWAIN was a convicted felon in possession of c:m AR-15 based upon the tipster seeing a picture of SWAIN holding an AR-15 which was posted on Facebook. The deputies went to SWAIN's residence (SUBJECT PREMISES TWO A) to investigate the tip and met with Casey Kendall, SWAIN's girlfriend, who gave them an AR-15 which was in the residence. This appeared to be the firearm in the photo on Facebook. SWAIN was not presentand he is currently a fugitive. 10. Straw Purchase One: a. In February, 2014, investigators became aware of an FFL inspection by ATF Industry Operations. On August 24, 2013, A TF inspected AR Tactical Inc., an FFL. The investigator discovered four (4) possible firearms straw purchasers/traffickers. The four possible firearms straw purchasers/traffickers were:


Ellie Saldana (Female, born in 1971 ). Saldana is the mother of Desiree, Ariel and Autumn Beebe. Saldana is the girlfriend of WINTERS. 12


Desiree Beebe (Female, born in 1991).


Ariel Beebe (Female, born in 1992).


Autumn Beebe (Female, born in 1992).

b. A review of AR Tactical's A&D record shows that on March 23, 2011, Ellie Saldana purchased five new High Standard, Model ISA-15, 5.56 mm, semi-automatic AR-15 type rifles, serial numbers SAM00264, SAM00260, SAM00263, SAM00292, SAM00279, from AR Tactical路 Inc. c. A review of AR Tactical's A&D record also shows that on April 21, 2011, Desiree Beebe, Ariel Beebe and Autumn Beebe each purchased five (for a total of fifteen) new High Standard, Model ISA-15, 5.56 mm, semi-automatic AR-15 type rifles, serial numbers SAM00249, SAM00262, SAM00268, SAM00281, SAM00289, SAM00257, SAM00276, SAM00283, SAM00291, SAM00298, SAM00252, SAM00265, SAM00273, SAM00277, SAM00295, from AR Tactical Inc. d. A Florida Department of Motor Vehicles query shows that all four females lived at 8506 Pritcher Road, Lithia, Florida, at the time of the purchases. e. A further review of AR Tactical's records shows there are no ATF Forms 4473 on file with the FFL for Desiree Beebe, Ariel Beebe and Autumn Beebe. f. Additional review of AR Tactical's A&D record showed that on March 23, 2011, Chad Michael MATHEWS, an associate of WINTERS, also purchased five new High Standard, Model ISA-15, 5.56 mm, semi-automatic AR-15 type rifles, serial numbers SAM00253, SAM00256, SAM00270, SAM00271, SAM00287, from AR Tactical Inc. This was the same date that WINTERS, himself, purchased five new High Standard, Model ISA-15, 5.56 mm, semi -automatic AR-15 type rifles from AR Tactical Inc (serial numbers SAM00251, SAM00282, SAM00288, SAM00254, and SAM00294). 13

g. According! y, between March 23 rd and April 21st, 2 0 11 '路 WINTERS and persons associated with him purchased 30 AR-15 rifles from AR Tactical, Inc. Based upon statements made by WINTERS to the UCE on September 25, 2013 (~ 9.a.) and October 10, 2013 (~~ 9.h. and i.) concerning his burying AR-15s, having buried four barrels with 15 AR-15s in each barrel, and having 50 rifles buried in addition to SWAIN's statement on March 13,2014 that WINTERS had bought 50 AR-15s in one month and had several people buy most of them because WINTERS believed they could only purchase five rifles at a time (~ 9.r.), it is believed WINTERS used straw purchasers to acquire the above identified AR-15s. When coupled with the fact that WINTERS and the ROP believe in an impending end-of-times event requiring a cache of firearms for survival, there is cause to believe WINTERS is warehousing these AR-15 rifles in buried barrels on his properties. . 11. Straw Purchase Two: a. On October 14, 2013, the UCE arrived at SUBJECT PREMISES ONE. While there, James BEEBE told the UCE that he owns a Remington shotgun. b. On October 27, 2013, the UCE arrived at WINTERS' residence, SUBJECT PREMISES ONE. While at the residence, Desiree BEEBE (granddaughter of James BEEBE) gave James BEEBE, who was also present, a .22 caliber rifle and some money and stated she had bought the rifle the day before at Walmart for James BEEBE. James BEEBE later left SUBJECT PREMISES ONE with the .22 rifle and stated he was going home (SUBJECT PREMISES THREE). c .. A search ofWalmart A&D book and ATF Form 4473s, indicated that Desiree BEEBE 路purchased a Savage .22 caliber rifle, Model64F, serial number 2078847 on October, 26, 2013.


The ATF Form 4473, Section 11a states "Are you the actual transferee/buyer ofthe firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the

firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. (See Instructions for Question ll.a.) Exception: If you are picking up a repairedfirearm(s) for another person, you are not required to. answer ll.a, and may proceed to question II. b. Desiree BEEBE had marked "Yes" in response to question 1l.a. d. A search of California State records indicated James BEEBE was convicted of robbery, a felony, on September 26, 1977. James BEEBE is prohibited from possessing firearms as his civil rights to possess firearms have not been restored. e. James BEEBE lives at 4413 Pine Street, Valrico, Florida (SUBJECT PREMISES THREE) which was confirmed by surveillance as late as June 2, 2014. 12. Straw Purchase Three: a. On May 13, 2014, the UCE advised SWAIN that the UCE was recently denied the purchase of a firearm. SWAIN told the UCE that Nicholas HALL would "do it for you", implying that HALL would purchase the firearm for the UCE. SWAIN further explained that HALL is over twenty one, has a clean record, and wouldn't "give a shit." SWAIN also advised that HALL was also financially preparing to purchase a firearm. b. 路on May 14,2014, the UCE received a text message from SWAIN, stating that "Nick" (HALL) was "game," meaning agreeable to buying the firearm for- the UCE. SWAIN also gave the UCE HALL's telephone number and told the UCE to call him.


c. On May 16,2014, theUCE picked up HALL in front ofhis residence at SUBJECT PREMISES TWO Bin order for HALL to purchase a rifle for the UCE. During the drive to the gun shop, the UCE told HALL that the UCE didn't want to make HALL feel like HALL had to go with the UCE to purchase a firearm for the UCE. In response, HALL replied that SWAIN had asked him to go with the UCE. HALL stated that SWAIN had told him that the UCE had recently been denied the purchase of a firearm. HALL acknowledged that he knew the UCE was a convicted felon and had been turned dovm on a previous attempt to purchase a firearm at Buccaneer Pawn. The UCE and HALL drove to Smooth Action Firearms, 833 West Bloomingdale A venue, Brandon, Florida 33511. Prior to entering the business, the UCE gave HALL $1000 in one hundred dollar bills. HALL completed the ATF Form 4473 and purchased an AK-47 for the UCE. However, the AK-47 could not be picked up until May 22, 2014. After leaving the store, HALL provided the UCE with the remaining change. In tum, HALL was offered and accepted $50 cash for his assistance in the aforementioned transaction. HALL confim1ed that he would be available on May 22, 2014, to pick up the AK-47. HALL stated he wanted to make a receipt depicting a fictitious transfer ofthe AK-47 to the UCE. d. On May 22, 2014, the UCE picked up HALL in front of SUBJECT PREMISES TWO Band drove to Smooth Action Firearms. After receiving the AK-47, Serial Number MA-2015413 RO, from Smooth Action Fireaims, the UCE and HALL returned to SUBJECT PREMISES TWO and met with SWAIN between residences A and B. SWAIN looked over the new AK-47 and provided a witness signature on a handwritten notice of transfer receipt, provided by HALL. In tum, HALL provided the transfer receipt to the UCE in order for the UCE to sign and place a driver license number on the transfer receipt, which the UCE did. The receipt was written on lined paper, approximately 6" X 9", and appeared to be a bound book ledger with torn cover. 16

The AK-47's serial number, purported purchase price of$700, and a June 22,2014 date of transfer from HALL to UCE, had already been written on the transfer receipt by HALL. HALL retained the receipt on his person and the UCE took possession of the AK-47. e. On May 29,2014, ATF Special Agent Patrick A. Mahoney provided me with a copy of the ATF Form 4473 from Smooth Action Firearms that was signed and completed by HALL on May 16, 2014. The ATF Form 4473 indicated that HALL purchased an AK-47, Serial Number MA-20154-13 RO, on May 22,2014. The ATF Form 4473, Section 11a states "Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. (See Instructions for

Question 1l.a.) Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 1l.a. and may proceed to question 11.b. HALL had marked "Yes" in response to question 11.a. 13. Destructive Devices: a. On September 21,2013, the DCE went to SUBJECT PREMISES ONE. Once inside the residence, the UCE sat on the living room fireplace hearth and spoke with WINTERS. At one point, the conversation turned to homemade booby traps (destructive devices) and WINTERS pointed and commented that the UCE was sitting next to some. There was an unknown item covering at least four, possibly five, devices approximately路a foot to the left of where the UCE was sitting. The UCE examined the devices while WINTERS advised there were no shotgun shells installed within the chambers. Some devices contained a welded type of seat clamp while others had a welded threaded hook with black rubberized coating.


b. On October 14,2013, the UCE arrived at SUBJECT PREMISES ONE for the purpose of purchasing five destructive .devices. During the meeting, the UCE paid WINTERS $100 cash for the devices, which was previously negotiated by Michael Bonta (BONTA). BONTA manufactured five devices within WINTERS' workshop located on SUBJECT PREMISES ONE whilethe UCE waited. After BONTA completed the five destructive devices, BONTA provided them to the U CE. c. On January 9, 2014, the UCE met with WINTERS at SUBJECT PREMISES ONE. While there, WINTERS walked out his rear door and around the outside of his residence and returned with a destructive device. It was of the same type that the UCE had purchased on October 14, 2013. WINTERS provided the destructive device to the UCE as an example for the UCE to replicate. d. OnJanuary 14, 2014, ATF Special Agent Patrick A. Mahoney sent the five suspected destructive devices provided by WINTERS and BONTA on October 14,2013 to the ATF Firearms Technology Branch for device determination. A Firearms Enforcement Officer confirmed that the five devices met the definition of a "Destructive Device" as defined in Title 26, United States Code, Section 5845(f)(2). e. On January 14,2014, the UCE met with WINTERS at SUBJECT PREMISES ONE. While there, the UCE asked WINTERS to provide instructions on how to properly assemble the previously obtained destructive device (from January 9, 2014) in order to kill federal agents. WINTERS went to the rear bedroom area of his residence and produced a second destructive device. WINTERS then dis~ssembled the second destructive device in the presence of the UCE and proceeded to teach the construction~ assembly, and design of the device. Furthermore,


路 WINTERS stated the original design of the destructive device was his own. WINTERS then provided both ofthe constructed destructive devices to the UCE.

f. ATF Special Agent Mahoney queried the NFRTR for any NFA fireanns (which includes destructive devices) registered to WINTERS apd BONTA with negative results. 14. ATF Special Agent Mahoney has been a Special Agent for approximately 13 years. As a Special Agent, he received training in federal firearms laws and regulations at the ATF . National Academy. He regularly refers to these laws and regulations during the course of his duties. ATF Special Agent Patrick Mahoney has participated in scores of investigations and has had training in the execution of search warrants for these types of violations. He has attended firearms schools and has participated in the execution of numerous search warrants. a. Based upon his knowledge, experience, and this investigation, Special Agent Mahoney knows that individuals that are collecting a cache of firearms will often utilize straw purchasers to hide the true ovmership of the firearms. b. He also knows that individuals who use straw purchasers to purchase firearms normally use females (typically under 25 years old) or senior citizens to make the purchases. c. In addition, he also knows that individuals that use straw purchasers normally maintain possession of the record for that purchase, such as: diagrams, books and documentation on firearms pricing, receipts for the purchase of these items and photographs ofthese items. 14. ATF SA Mahoney has stated that based upon his training and experience, firearm owners who belong to groups such as the ROP: a. keep firearms in their homes, detached buildings associated with their residence, and vehicles for self-defense;


b. keep records, receipts, notes and other documentation relating to the acquisition, 路 disposition and manufacture of firearms, as well as parts designed or intended for use in enhancing the value or design of the firearms in their residences or out buildings on their property, in their vehicles and on their person for significant periods oftime; c. maintain books, records, receipts, notes, :;md ledgers relating to the purchase, sale, distribution and/or manufacture of firearms in their residence, businesses and vehicles where they have ready access to them; CONCLUSION

15. Based on the information gathered during this investigation, there is probable路 cause to believe that evidence, fruits, and instrumentalities of violations of SUBJECT OFFENSES will likely be found at the SUBJECT PREMISES ONE, TWO A and B, and THREE and related properties associated with WINTERS.

路~~,~~ RONALD l MONA 0, Special Agent Federal Bureau of Investigation

J~of June, 2014, in Tampa, Florida.

Subscribed and Sworn to before me this

E~ United States Magistrate Judge.


ATTACHMENT A: PREMISES TO BE SEARCHED SUBJECT PREMISES ONE (includes WINTERS residence) and Additional Properties: The property located at 3032 Williams Boulevard, Valrico, Florida 33596 includes a single story home and outbuildings. The residence is a wood constructed, single story home with a wooden deck leading up to the front door. The access to the property is restricted by a large red metal swinging gate situated on the dirt driveway with access to the property. Specifically, the residence is located off Williams Boulevard, and is also identified as parcel ID: #U-17-30-21ZZZ-000004-36350.0, by the Property Appraiser's records of Hillsborough CoUnty, Florida. It is owned by Martin WINTERS. The described property is located within the Middle District of Florida. SEE ATTACHED DIAGRAM






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ATTACHMENT B: ITEMS TO BE SEIZED- SUBJECT PREMISES ONE The items to be seized include the following evidence relating to violations of Title 18, United States Code, Sections 922(a)(6) and 924(a)(l)(A) and Title 26, United States Code, Section 5861(d) and (f): I.

All destructive devices and all AR-15 type firearms except for the ones he bought

(identified.by serial numbers SAM00251, SAM00282, SAM00288,



SAM00294 ), and photographs of such destructive devices or firearms or of persons in possession of such destructive devices or firearms; 2.

Any materials, tools, anclJor equipment used in the manufacture ofdestructive

devices, or destructive device parts to include templates, jigs, lathes, mills, welders, drills and grinders; 3.

Any plans, instructions, designs, or guidesto manufacture destructive devices;


Any documents or records (including telephone records, telephone bills, address

books, customer lists, lists of firearms acquired and disposed of, bank statements; storage unit receipts, wire transfer receipts) that relate to the sale, purchase, transfer, possession or manufacturing of any firearm or destructive devices; 5.

Any maps and diagrams depicting locations ofbooby traps, kill zones, and weapons

caches; and 6.

Any computers used to generate maps and diagrams identifying locations ofbooby:

traps, kill zones, and weapons caches.


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Williams search warrant  

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