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Case 1:12-mj-01148-MJW Document 1 Filed 11/09/12 USDC Colorado Page 1 of 9

UNITED STATES DISTRICT COURT


for the District of Colorado United States of America v. MITCHELL KENNETH KUSICK
Defendant(s)

) ) ) ) ) )

Case No.

12-mj-01148-MJW

CRIMINAL COMPLAINT
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief:

On or about October 29, 2012, in the State and District of Colorado, MITCHELL KENNETH KUSICK, defendant herein, did knowingly and willfully make a threat to take the life of and inflict bodily harm upon the President of the United States.

All in violation of Title 18, United States Code, Section 871.

I further state that I am an agent with the United States Secret Service and that this complaint is based on the following facts: See Affidavit attached hereto and herein incorporated by reference, which is continued on the attached sheet and made a part hereof.

s/Melissa Blake
Complainants signature

Melissa Blake, Special Agent


Printed name and title

Sworn to before me and signed in my presence. Date: November 9, 2012 City and state: Denver, Colorado
Judges signature Michael J. Watanabe U.S. Magistrate Judge Printed name and title

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AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT 12-mj-01148-MJW

I, Melissa Blake, Special Agent with the United States Secret Service, Department of Homeland Security, being duly sworn, deposes and states under penalty of perjury that the following is true to the best of my information, knowledge and belief. I, Melissa Blake, being duly sworn, do hereby depose and state as follows: 1. I am a Special Agent with the U.S. Secret Service (USSS), and have been so employed

since August 30, 1999. I am currently assigned to the Denver Field Office. Prior to being appointed a Special Agent, I attended school at Virginia Polytechnic Institute and State University, and graduated with a Bachelors Degree in Political Science and Spanish. I am also a graduate of the Criminal Investigator Training Program at the Federal Law Enforcement Training Center in Glynn County, Georgia and the Special Agent Training Program at the James J. Rowley Training Center in Laurel, Maryland. In my official capacity, under Title 18, United States Code, Section 3056, I am charged with investigating violations of the United States Code relating to threats against the President and successors to the Presidency under Title 18, United States Code, Section 871. 2. I am currently involved in an active investigation (described in this affidavit), relating to

a threat against the President of the United States, a violation of Title 18, United States Code, Section 871. 3. The opinions set forth in this affidavit are based upon my experience and education as

well as consultation with other experienced investigators and agents and other sources of information relative to the investigation of threats against the President of the United States.

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4.

This affidavit does not detail all of the facts known to me or other law enforcement

officials regarding this matter, but instead relates only to those facts which I believe are necessary to establish the requisite probable cause in support of an application for an arrest warrant for Mitchell Kenneth KUSICK, Date of Birth: September 1, 1992; Address: 11290 Fenton Street, Westminster, CO, whom I believe has violated Title 18, United States Code, Section 871. Background of Investigation 5. On October 30, 2012, the USSS Denver Field Office received a police report from the

Westminster, Colorado Police Department (WPD) regarding subject Mitchell Kenneth KUSICK. The report stated that on October 29, 2012, the Broomfield Police Department (BPD) notified the WPD that Kusick made credible threats and took steps toward shooting children at Standley Lake High School. Additionally, KUSICK made statements about a desire to kill people on Halloween and that he had been tracking President Obamas schedule so he can assassinate the President. The police report indicated Kusick wanted to commit the shootings so he could go down in infamy. 6. On October 29, 2012, KUSICK called his therapist, Corey Candeleria, and left a voice

message in which he stated that he was in crisis and need to speak with Candeleria. Candeleria telephoned KUSICK and they agreed to meet that afternoon. KUSICK arrived later that day, along with his aunt and uncle. Candeleria spoke with KUSICK during a session. KUSICKs aunt and uncle remained in the waiting room. KUSICK told Candeleria that, the day before, he got into an argument with his parents because he had taken a large amount of money out of his savings account. As he was arguing with his parents, KUSICK informed them that he was okay with homicide. KUSICKs father ordered KUSICK out of the house. KUSICK and his mother

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physically struggled over the cash, and then KUSICK pushed her to the floor. KUSICKs father tried to block the door, but KUSICK pushed him out of the way and left the home. 7. KUSICK said that he went over to his aunt and uncles house, took one of their guns and

hid it inside their home. KUSICK said that he then went to a Walmart and tried to purchase ammunition, but the Walmart would not sell to him. KUSICK went back to his aunt and uncles home later that night and went to sleep. In the morning, KUSICKs aunt learned about the rifle and made KUSICK give it back. 8. KUSICK told Candeleria that he had planned on using the gun to kill children at a local

high school on Halloween. KUSICK said that he would continue shooting children and hopefully draw police officers into a gun fight. KUSICK said that he has had homicidal fantasies on a daily basis for the past 5 or 6 years. KUSICK said that he is obsessed with the Columbine shootings, Virginia Tech shootings, and the Jessica Ridgeway abduction. 9. KUSICK also said that he had been trying to keep track of President Obamas visits to

the Denver Metro Area, because KUSICK wanted to attempt to assassinate the President. KUSICK said that he wanted to go down in history as the guy who killed Obama. KUSICK said that he had trained in how to shoot an assault rifle at a firing range in Grand Junction, Colorado, where KUSICK was a student at Mesa State. KUSICK said that he previously owned a .22 caliber rifle and an assault rifle, but that his parents had made him get rid of the firearms. 10. KUSICK also said that he is obsessed with learning how to build bombs. KUSICK

claimed that he visits websites on the internet to learn how to build bombs. KUSICK said that some people just want to watch the world burn down, and Im one of them. KUSICK said that he had been feeling this way since high school. KUSICK said that he had previously obtained blueprints for his high school, and that he had wanted to carry out a mass killing there. KUSICK

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said that he had tried to figure out how to kill the most people in that setting. KUSICK described how he would position himself so that he would be able to kill the most people possible. KUSICK described that he had tried to find a kill zone on the blueprints where he could produce the highest levels of fatalities. KUSICK also said that he wanted to join the military so that he could have carte blanche to kill people. 11. Candeleria advised KUSICK and his family members that KUSICK should go to a

hospital. Candeleria also told KUSICKs aunt that he would need to contact law enforcement due to KUSICKs disclosure. KUSICK was subsequently taken to Lutheran Hospital for an evaluation, and put on a 72-hour mental health hold. Candeleria contacted law enforcement about KUSICKs admissions. 12. On October 30, 2012, Westminster Police Officer Stephanie Hard, interviewed KUSICK

at Lutheran Hospital. KUSICKs parents were present. Officer Hard told KUSICK that she had been informed that he had made threats that he was going to attack school children on Halloween. KUSICK confirmed this to be true. KUSICK told Officer Hard that he had been planning on killing people for approximately five or six years. He said that he spends time making plans on how he will do it, what supplies he will need and how to execute his plans. KUSICK said that he planned on killing children on Halloween because he was looking for somewhere there would be a lot of people and he could have the biggest impact. KUSICK said he planned on taking the shotgun and spraying people. KUSICK said that he wanted to engage in a gunfight with police. KUSICK said that he did not believe he would feel any remorse for killing children. KUSICK said that he believed he would have no problem killing strangers and that he had a list of people he wanted to kill. KUSICK said that he did not want to kill anyone in

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his immediate family. Officer Hard asked if there was anything that would keep him from going on his shooting spree at the school. KUSICK said No. 13. Officer Hard also asked KUSICK about his friend Matt. KUSICK said that he wasnt

planning on killing Matt at the firing range, but KUSICK knew that Matt had weapons, so KUSICK made plans in his head to kill Matt to obtain his weapons. KUSICK said that he did not have remorse at the thought of killing his friend, because he needed to kill Matt to get supplies. 14. Officer Hard asked about his intentions to assassinate the president. KUSICK claimed that he wasn`t really focused on President Obama but that he was more contemplating assassinating a political figure because he would get a lot of fame and attention from that. KUSICK said he had been researching President Obama`s schedule and making plans. He said that he knows the tickets for President Obamas speaking events go on sale two weeks prior. KUSICK said that he believed that would give him time to plan. KUSICK said he wouldnt use a bolt action shotgun to shoot the president. He said he would probably take one shot and then be ready to take fire. He said he would want to have some handguns to return fire because it would be hard to get away with a shotgun. 15. On October 30, 2012, Secret Service Agents Rick Near and Toni Regalla, interviewed

KUSICK at Lutheran Hospital. The agents asked KUSICK why he wanted to assassinate the President. KUSICK claimed that he had used the President as an example and that he meant any political figure. KUSICK stated he used the President as an example because he has a public schedule. KUSICK claimed he doesnt have a problem with President Obama and believes he has done a good job with the hand he was dealt. KUSICK claimed he is not affiliated with any political party and is registered as an independent voter for this election.

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16.

KUSICK was questioned on whether or not he follows the Presidents schedule. He

stated he looks at the White House website occasionally to see where the President will be visiting. He stated he does follow politics and is interested in the campaign. He claimed he has never been to a Secret Service protectee site. KUSICK was asked about his feelings on political assassinations. He stated he felt they had a great deal of significance and major impact. He elaborated by saying it changes the course of a nation. KUSICK stated he reads books about snipers, assassinations, and the military. Additionally, he has conducted searches online regarding the aforementioned topics. 17. KUSICK stated he is taking online courses at Mesa University in Grand Junction, CO.

He explained he has a full academic scholarship to attend the school. He claimed he does not belong to any anti-government groups. KUSICK claimed from 2010 until April of 2012 he owned two rifles, 308 and a 22. He stated he eventually sold them when his parents found out he had the guns. KUSICK stated he would target practice with the 22 rifle to work on his technique. When questioned about the 308, he stated it is a classic designated sniper round, favored by many professionals because of the durability and versatility. 18. KUSICK stated he is very interested in snipers and has studied the James Holmes Aurora

shooting. KUSICK admitted to following the incident and stated his mother is in the mental health field and was a first responder to the scene. He elaborated on what Holmes did wrong and how he would have done it differently. KUSICK stated, I share an understanding of his (Holmess) situation. 19. Agents questioned KUSICK about the incident that transpired over the weekend.

KUSICK admitted to attempting to purchase ammunition for the firearm he hid at his aunt and uncles home. He was asked what his plan was going to be, and he stated he wanted to inflict

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damage and he didnt think about who he would direct the actions against. KUSICK mentioned he was very upset because he had recently received a speeding ticket. He harbored animosity toward the police officer and he was also upset at his uncle for keeping him apart from his girlfriend, a foreign exchange student who lives in their home. 20. KUSICK stated he has had homicidal thoughts for several years. He admitted to

fantasizing about killing people. Again, he was asked if he thought about assassinating the President. KUSICK stated the thought has come up but it is not the idea of necessarily shooting the President as it is a political figure. He stated in a situation like the Giffords shooting, one would need a sniper rifle and distance. KUSICK claimed he has never conducted surveillance nor attempted to gather intelligence for committing such an act. 21. He has been in counseling for 8 or 9 years and he is currently prescribed Prozac. He

claimed never to hear voices or experience hallucinations. KUSICK admitted to having suicidal thoughts in the past. KUSICK stated his dream was to attend West Point. He did not receive the congressional nomination and was very upset. He mentioned his aspirations of going into the military. 22. KUSICK stated when he is released from the hospital, he wants to head to the mountains

and go skiing. He mentioned taking a break from school. KUSICK stated he has not confided any of the homicidal thoughts to his parents. He believes they are shocked and he wishes he never told his therapist what he was thinking. 23. I know from my training and experience that President Barack Obama is the President of

the United States of America. President Obama held a campaign rally at the University of Colorado, in Boulder, Colorado on November 1, 2012, only three days after KUSICKs statements to Candeleria. I am aware that the Presidents visit was publicized in the news media.

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24.

Title 18, United States Code, Section 871 outlaws a person from knowingly or willfully

making a threat to take the life or, or inflict bodily harm on the President of the United States. Based on the foregoing information, I believe probable cause exists to conclude that Mitchell Kenneth KUSICK did threaten the President of the United States, in violation of 18 United States Code Sections 871. I, Melissa Blake, being duly sworn according to law, depose and say that the facts stated in the foregoing affidavit are true and correct to the best of my knowledge, information and belief.

s/Melissa Blake MELISSA BLAKE United States Secret Service Department of Homeland Security

Sworn to before me this 9th day of November, 2012. Nov

____________________________ United States M i t t Judge U it d St t Magistrate J d Michael J. Watanabe

Affidavit reviewed and submitted by Richard Hosley, Assistant United States Attorney.

Case 1:12-mj-01148-MJW Document 1-1 Filed 11/09/12 USDC Colorado Page 1 of 1 12-mj-01148-MJW DEFENDANT: YOB: 1992 MITCHELL KENNETH KUSICK

ADDRESS (CITY/STATE): Westminster, CO OFFENSE(S): 18 U.S.C. Section 871; Threats against President

LOCATION OF OFFENSE (COUNTY/STATE): Jefferson County PENALTY: NMT 5 years imprisonment; $250,000 fine, or both; 1 year supervised release; and a $100 special assessment fee Melissa Blake, United States Secret Service Department of Homeland Security

AGENT:

AUTHORIZED BY: Richard Hosley Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: x five days or less over five days other

THE GOVERNMENT x will seek detention in this case will not seek detention in this case

The statutory presumption of detention is not applicable to this defendant. OCDETF CASE: Yes x No