Criminal Complaint — United States v. Octavio Smith (W.D.N.Y., Dkt. 1, November 10, 2022)

Summary

A Criminal Complaint with an attached affidavit in United States of America v. Octavio Smith, Case 1:22-mj-05101-MJR, Document 1, filed 11/10/22, in the U.S. District Court for the Western District of New York. The complaint states that on or about November 9, 2022, the defendant, by throwing a brick at the front windows of the Buffalo Field Office of the Federal Bureau of Investigation, injured property of the United States, with resulting damage greater than $1,000, in violation of Title 18, United States Code, Section 1361. In the affidavit, Special Agent Andrew Clark states that Smith was observed throwing a brick at a window and that a Federal Protective Services officer estimated the damage at approximately five thousand dollars ($5,000).

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Case 1:22-mj-05101-MJR Document1 Filed 11/10/22 Page1of5

AO 91 (Rev. 02/09) Criminal Complaint

United States District Court

for the ZO? T On
Western District of New York =~ : NN
United States of America \. Na wee
OCTAVIO SMITH
Defendant
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 November 9, 2022, in the County of Erie, in the Western District of New York, the defendant
willfully and by means of throwing a brick at the front windows of the Buffalo Field Office of the Federal Bureau of
Investigation, did injure, attempt to injure, and commit a depredation against property of the United States and of
any department or agency thereof, specifically the front window of the Buffalo Field Office of the Federal Bureau of
Investigation, and the resulting damage was greater than $1,000.

All in violation of Title 18, United States Code, Section 1361

This Criminal Complaint is based on these facts:

Continued on the attached sheet.

Complainant’s signature

ANDREW CLARK
SPECIAL AGENT
FEDERAL BUREAU OF INVESTIGATION

Printed name and title
Sworn to telephonically this Ao ~ZA / (
Le#tday of November 2022. 4 ; pte

Judge’s signature

HONORABLE MICHAEL J. ROEMER
City and State: Buffalo, New York UNITED STATES MAGISTRATE JUDGE
Printed name and title
Case 1:22-mj-05101-MJR Document1 Filed 11/10/22 Page 2of5

AFFIDAVIT

STATE OF NEW YORK. )
COUNTY OF ERIE )
CITY OF BUFFALO ) SS:

ANDREW CLARK, being duly sworn, deposes and says:

INTRODUCTION AND AGENT BACKGROUND

1. I am a Special Agent of the Federal Bureau of Investigation (“FBI”) of the
United States Department of Justice. As such, I am an “investigative or law enforcement
officer of the United States” within the meaning of Title 18, United States Code, Section
2510(7), that is, an officer of the United States empowered by law to conduct investigations
of and to execute search and seizure warrants for offenses enumerated in Title 18, United

States Code, Section 2516.

2. [have served as an FBI Special Agent since March of 2018 and am currently
assigned to the FBI Buffalo Division Joint Terrorism Task Force (“FBI-JTTF”). During that
time, I have participated in investigations involving white collar crime, drug trafficking,
firearms, child exploitation, and national security matters to include international and
domestic terrorism. In addition, I have had the opportunity to work with several other FBI
agents and other law enforcement agents and officers of varying experience levels, who have
also investigated these crimes in the Western District of New York. My training and
investigative experience detailed herein, and the experiences of other law enforcement
agents, who are participating in this investigation, serve as the basis for the opinions and

conclusions set forth herein.
Case 1:22-mj-05101-MJR Document1 Filed 11/10/22 Page 3o0f5

3. I offer this affidavit in support of the criminal complaint charging OCTAVIO
B. SMITH (“SMITH”) with violations of Title 18, United States Code, Section 1361

(Depredation of Government Property).

4, Iam familiar with the information contained in this affidavit based upon my.
participation in the investigation, and information provided to me by other law enforcement
officers. Because this affidavit is submitted for the limited purpose of securing a criminal
complaint, it may not contain all the information which I have learned during the course of
this investigation. I have set forth only those facts that I believe are necessary to establish

probable cause that SMITH has violated Title 18, United States Code, Section 1361.

PROBABLE CAUSE
5. On November 9, 2022, at approximately 1246 hours, SMITH was observed
throwing a brick at a window of the FBI Buffalo Field Office located at 1 FBI Plaza, Buffalo,

New York 14202 (the “FBI Building”). On-site security personnel immediately detained
SMITH at the scene.

6. Officers with the Buffalo Police Department arrived on scene and attempted
to interview SMITH. SMITH explained to Buffalo Police Officer Olejniczak that he wanted
to talk to the FBI and that he did this to “get the FBI’s attention.” SMITH admitted to the
officer that he threw the brick so he could talk to the FBI. Officer Olejniczak is certified in
Critical Incident Training (“CIT”) and asked SMITH if he was a danger to himself or others

whereafter SMITH stated he was not. SMITH stated he was not under the influence of drugs
Case 1:22-mj-05101-MJR Document1 Filed 11/10/22 Page 4of5

or alcohol. Based on SMITH’s statements, Officer Olejniczak advised that SMITH did not
meet the requirements for Section 9.41 of the New York Mental Hygiene Law. SMITH

briefly spoke with the officer before stating he no longer wanted to talk and to take him to jail.

7. Federal Protective Services (“FPS”) personnel also responded to the scene
and, among other things, surveyed the damage to the window. The window was found to be
severely cracked and needed to be covered with a sheet of plywood as a security precaution.
An FPS Officer estimated that the damage to the window caused by SMITH is approximately

five thousand dollars ($5,000).

8. After identifying ourselves, I and Special Agent Jason Kammeraad
interviewed SMITH. After he was read his Miranda rights, SMITH admitted that he damaged.
the front window of the FBI building. SMITH stated that he threw a brick at the FBI building
to “get the FBI’s attention.” SMITH stated that he knew the building was the property of the
FBI and didn’t use the intercom or call the FBI because “they knew I was coming.”
Furthermore, SMITH stated he was upset by organizations such as the Illuminati and Free
Masons operating inside Erie County Medical Center (“ECMC”) without the FBI knowing.
SMITH stated that these organizations have been injecting him with “shit” for over four
years. SMITH also claimed that people are playing with science and technology. SMITH
also referenced the devil and God. SMITH stated that the FBI knows about all of the threats

in the country and referred to himself saying “I’m a threat.”
Case 1:22-mj-05101-MJR Document1 Filed 11/10/22 Page5of5

9. While SMITH was being prepared for transportation to the United States
Marshal’s Service, Special Agent Kammeraad asked SMITH if there was someone to be
notified whereafter SMITH stated that he didn’t want anyone to be notified because “they
already know what I was going to do.” SMITH further elaborated that he told two of his

friends that he was going to carry out an attack on the FBI building.
CONCLUSION

WHEREFORE, I respectfully submit that the foregoing facts establish probable cause

to believe that Octavio B. Smith willfully violated Title 18, United States Code, Section 1361.

ANDREW CLARK

Special Agent

Federal Bureau of Investigation
Sworn to telephonically
this / Otay of November 2022.

Horn. MICHAEL seas
United States Magistrate Judge


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