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Criminal Complaint — United States v. Michael Charles Smith, No. 1:24-cr-00079

Summary

A Criminal Complaint with an Affidavit in Support of Criminal Complaint, Document 1 in Case 1:24-cr-00079-KES-BAM, filed April 10, 2024, in the U.S. District Court for the Eastern District of California, naming Michael Charles Smith. The complaint form lists 18 USC Section 2262(a)(1), interstate violation of a protective order, on or about April 9, 2024, in Mariposa County, and relies on the affidavit of Sean Fitzgerald, U.S. Park Ranger. The affidavit describes events in Yosemite National Park on April 9, 2024, including checks showing a criminal protection order issued March 11, 2024, by the Kern County Superior Court. It states that Smith was placed into custody at approximately 5:37 p.m. The attestation block names Hon. Sheila K. Oberto, U.S. Magistrate Judge.

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“Criminal Complaint — United States v. Michael Charles Smith, No. 1:24-cr-00079.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-24-cr-00079-dkt-1-e-d-cal-a85dfcdea3/, SHA-256 3dd1587952be3ede133573a815171d728cc6652460196ade7e4e48060f79e628.

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                  Case 1:24-cr-00079-KES-BAM Document 1 Filed 04/10/24 Page 1 of 7
AO 91 (Rev. 11/11) Criminal Complaint


                                     UNITED STATES DISTRICT COURT                                                         FILED
                                                                  for the
                                                                                                                          Apr 10, 2024
                                                     Eastern District
                                                   __________ Districtofof
                                                                        California
                                                                           __________                                 CLERK, U.S. DISTRICT COURT
                                                                                                                    EASTERN DISTRICT OF CALIFORNIA



                  United States of America                           )
                             v.                                      )
                                                                     )      Case No.    1:24-mj-00043-SKO
                MICHAEL CHARLES SMITH                                )
                                                                     )
                                                                     )
                                                                     )
                          Defendant(s)


 CRIMINAL COMPLAINT BY RELIABLE ELECTRONIC OR TELEPHONIC MEANS
         I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of                    April 9, 2024                 in the county of              Mariposa                     in the
      Eastern          District of          California           , the defendant(s) violated:

            Code Section                                                       Offense Description
18 USC Section 2262(a)(1)                         Interstate violation of a protective order - punishable by not more than 5
                                                  years, or both fine and imprisonment




         This criminal complaint is based on these facts:
Affidavit of Sean Fitzgerald, U.S. Park Ranger, attached hereto and incorporated herein.




         ✔ Continued on the attached sheet.
         ’


                                                                                                Complainant’s signature

                                                                                       Sean Fitzgerald, U.S. Park Ranger
Attested to by the applicant in accordance                                                       Printed name and title
with the requirements of Fed. R. Crim. P.
4.1 by telephone


Date:       4/10/2024
                                                                                                   Judge’s signature

City and state:                          Fresno, CA                              Hon. Sheila K. Oberto, U.S. Magistrate Judge
                                                                                                 Printed name and title



        Print                        Save As...                   Attach                                                      Reset
           Case 1:24-cr-00079-KES-BAM Document 1 Filed 04/10/24 Page 2 of 7


 1 PHILLIP A. TALBERT
   United States Attorney
 2 ARIN C. HEINZ
   Assistant United States Attorney
 3 2500 Tulare Street, Suite 4401
   Fresno, CA 93721
 4 Telephone: (559) 497-4000
   Facsimile: (559) 497-4099
 5

 6 Attorneys for Plaintiff
   United States of America
 7

 8                            IN THE UNITED STATES DISTRICT COURT

 9                                EASTERN DISTRICT OF CALIFORNIA

10
     UNITED STATES OF AMERICA                              CASE NO.
11

12                    V.                                   AFFIDAVIT IN SUPPORT OF CRIMINAL
                                                           COMPLAINT
13 MICHAEL CHARLES SMITH

14

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       1. I, Ranger Sean Fitzgerald, being first duly sworn, hereby depose and state as follows:
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17                     I.      INTRODUCTION AND AGENT BACKGROUND
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       2. I am a commissioned Law Enforcement Officer with the National Park Service. I have 9
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           years of experience as a law enforcement ranger for the National Park Service. I was
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           trained in conducting investigations at the Federal Law Enforcement Training Center in
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           Glynco, Georgia.
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       3. This affidavit is based on the following facts and information observed by me and or
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           provided to me by other National Park Service Law Enforcement Rangers. This affidavit
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           establishes probable cause that Michael Charles SMITH (“SMITH”) committed the following
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           offense:
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                 A. 18 U.S.C. Section 2262 (a) (1), Interstate Violation of a Protective Order. “A person who
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     AFFIDAVIT
               Case 1:24-cr-00079-KES-BAM Document 1 Filed 04/10/24 Page 3 of 7


 1                       travels in interstate or foreign commerce, or enters or leaves Indian country or is present

 2                       within the special maritime and territorial jurisdiction of the United States, with the

 3                       intent to engage in conduct that violates the portion of a protection order that prohibits

 4                       or provides protection against violence, threats, or harassment against, contact or

 5                       communication with, or physical proximity to, another person or the pet, service animal,

 6                       emotional support animal, or horse of that person, or that would violate such a portion of

 7                       a protection order in the jurisdiction in which the order was issued, and subsequently

 8                       engages in such conduct, shall be punished as provided in subsection (b).

 9                                                           II JURISDICTION

10        4. The facts set forth in this affidavit occurred within Yosemite National Park. Yosemite

11             National Park is an area of federally owned public land administered by the National Park

12             Service. Yosemite National Park is an area of the Special Maritime and Territorial

13             Jurisdictions of the United States as defined by 16 U.S.C. Section 57 “Yosemite, Sequoia,

14             and General Grant National Parks; exclusive jurisdiction of United States” and by 18

15             U.S.C. Section 7 (3) “Special maritime and territorial jurisdiction of the United States

16             defined.” The facts set forth in this affidavit occurred within Mariposa County, California.

17             Mariposa County is within the Eastern District of California.

18                                                     III PROBABLE CAUSE

19        5. On April 9, 2024, at approximately 6:54 AM, the Yosemite Emergency Communications

20             Center (YECC) received a call from a NPS employee named “Will” stating that there was

21             a black Toyota Camry (“the Toyota”) at Bridalveil Falls Parking Lot 1 that had caught fire

22             but was extinguished. NPS Firefighters responded and arrived on scene at approximately

23             7:19 AM.

24        6. While he was at the Bridalveil Parking Lot, Fire Captain Aaron Ludwig observed a male

25             in his mid-30’s, later identified as SMITH, and an adult female, later identified as A.C.,

26             1 The Bridalveil Falls Parking Lot is located in Yosemite Valley. It is at the intersection of Highway 41 and Southside
     Drive. It is the trailhead parking lot for the Bridaveil Falls trail. The parking lot has room for about 100 cars and has a bathroom
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     building.
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      AFFIDAVIT
           Case 1:24-cr-00079-KES-BAM Document 1 Filed 04/10/24 Page 4 of 7


 1         standing adjacent to the Toyota and that they appeared to be talking to each other.

 2     7. Officer John Hesdon and I arrived on scene at approximately 7:40 AM. We spoke to

 3         Captain Ludwig. Captain Ludwig told us that SMITH and A.C. told him they had

 4         extinguished the fire by dumping various things from an ice chest on it. Ludwig told us

 5         A.C. was the owner of the Toyota.

 6     8. After speaking with Captain Ludwig, I observed SMITH standing approximately 10-15

 7         feet away from A.C. A.C. was being interviewed by Officer Hesdon. I spoke with

 8         SMITH to conduct a preliminary investigation to determine how the Toyota caught fire.

 9         SMITH told me he was he had been in the parking lot since about 03:30 AM – 04:00 AM

10         and he was “up the road and heard her screaming and yelling.” He went to the Toyota and

11         found A.C. was out of the Toyota and passenger’s compartment was on fire.

12     9. I asked SMITH for his identification card for documentation purposes. SMITH stated,

13         “I’d prefer not to.” I asked if I can just get his name and SMITH stated, “my name is

14         Michael David.”

15     10. I then conducted National Interstate Criminal Information (NCIC) database checks

16         through the YECC on A.C because she provided her name. These NCIC checks

17         indicatedA.C. was a protected party in a Criminal Protection Order (CPO). She was

18         protected from “Michael Charles SMITH” (SMITH).

19     11. As outlined further below, I reviewed the CPO from the issuing county (Kern County).

20         This CPO was issued on March 11, 2024, by the Kern County Superior Court. This CPO

21         specifically prohibited Smith from contacting A.C. and being within 100 yards of A.C.

22     12. SMITH walked away from the Bridalveil Falls parking lot area, heading east, at about the

23         time of the NCIC return for A.C.

24     13. Officer Hesdon received consent from A.C. to search her bags that were in the bathroom.

25         Among her belongings in the bathroom was men’s clothing and a Lyons County

26         (Nevada) jail booking report for a “Michael SMITH”. Printed on the booking sheet were

27         photographs of SMITH’s and his identifying information. I recognized the photographs

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     AFFIDAVIT
           Case 1:24-cr-00079-KES-BAM Document 1 Filed 04/10/24 Page 5 of 7


 1         of Smith on the booking report as Michael David (SMITH) who I had just spoken to and

 2         observed about 10 to 15 feet from A.C.

 3     14. I then conducted NCIC database checks on SMITH using the information on the Lyon

 4         County booking report. These checks confirmed SMITH was a restrained person from

 5         A.C. (the same the March 11, Kern County CPO).

 6     15. At about 11:38 AM, Supervisory Officer Ian Rippetoe contacted the Kern County District

 7         Attorney’s Office. Officer Rippetoe obtained a copy of the CPO electronically.

 8     16. The CPO is active and will not expire until March 11,2027. It specifies SMITH must not

 9         contact A.C. or be within 100 yards of A.C. Specifically, it states “defendant must not

10         contact the protected person [A.C.] directly or indirectly, by any means.” It further states

11         SMITH must stay at least 100 years away from A.C.’s person, home, vehicle, job or

12         workplace. SMITH was personally served with a copy of this order at a court hearing on

13         March 11, 2024. Finally, the order states “traveling across state or tribal boundaries with

14         the intent to violate the order may be punishable as a federal offense.”

15     17. For the next three to four hours, multiple NPS Officers, and a police tracking K9,

16         searched the Bridalveil Falls area for SMITH. They were unable to locate SMITH. A.C.

17         was questioned by Officers, asking if she knew SMITH’s whereabouts. At first, A.C.

18         denied knowing SMITH or his location. Eventually, A.C. confirmed she did know

19         SMITH, that they are in a romantic relationship, referring to SMITH as her “husband”,

20         and they were traveling together. A.C. told Officer Fey on scene that she was renting a

21         car from Enterprise located in Oakhurst, CA.

22     18. Officers cleared from Bridalveil parking area except for Officer Smith, who stayed in the

23         area in plain clothes to observe A.C. and see if SMITH returned to the area. Officers

24         waited in the area for approximately 3 hours until the tow truck arrived for A.C.’s

25         Toyota. A.C.’s vehicle was not functional due to the fire. Officer K. Smith observed the

26         tow truck leave with A.C. and the Toyota at approximately 2:30 p.m.

27     19. Shortly after A.C. left with the tow truck, Officer Hesdon called Enterprise in Oakhurst,

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     AFFIDAVIT
            Case 1:24-cr-00079-KES-BAM Document 1 Filed 04/10/24 Page 6 of 7


 1          CA. Hesdon spoke with a representative named Omar, who informed Hesdon that the

 2          vehicle that A.C. was planning to rent from Enterprise was a white Nissan Frontier with

 3          CA plate 13828J3. Hesdon asked Omar to inform him when A.C. departed from

 4          Enterprise in the above vehicle. At approximately 4:15 p.m., Omar called Officer

 5          Hesdon to inform him that A.C. had left with the described rental car and had stated that

 6          she “was going to pick up her husband.” A Be on the Lookout (BOLO) was sent out to

 7          all park units for the Nissan rented to A.C. At approximately 4:55 p.m., the South

 8          Entrance Station of Yosemite National Park reported that the white Nissan Frontier had

 9          driven through the entrance with one female occupant that identified herself to the

10          entrance staff as A.C.

11       20. At approximately 5:32 p.m., Officer Hesse reported that A.C. in the white Nissan Frontier

12          had pulled into the Bridalveil Falls parking lot. Officer Hesse and Officer Del Pozzo

13          observed A.C. stop the Nissan on the east side of the parking lot. Officer Hesse and

14          Officer Del Pozzo observed a male approach the front passenger door and the male enter

15          the Nissan through the front passenger door. Officer Del Pozzo and Officer Hesse drew

16          their firearms and identified themselves as police and ordered A.C. to stop the vehicle.

17       21. A.C. drove the Nissan passed Officer Del Pozzo and Officer Hesse. Officer Blade and

18          McComb drew their firearms and stopped A.C The male was ordered out of the Nissan

19          and was positively identified as SMITH. SMITH was placed into custody at

20          approximately 5:37 p.m

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     AFFIDAVIT
           Case 1:24-cr-00079-KES-BAM Document 1 Filed 04/10/24 Page 7 of 7


 1   Affidavit submitted by
     email/pdf and attested to me as
 2
     true and accurate by telephone
 3   consistent with Fed. R. Crim. P.
     4.1 and 41(d)(3). Subscribed
 4   and sworn to before me on:
     April 10, 2024.
 5

 6
     Hon. Sheila K. Oberto
 7
     U.S. MAGISTRATE JUDGE
 8

 9 Approved as to content and form by:

10 /s/ Arin C. Heinz
   ARIN C. HEINZ
11 Assistant U.S. Attorney

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     AFFIDAVIT


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