United States Attorney Billy J. Williams District of Oregon CONTACT: SCOTT ASPHAUG FOR IMMEDIATE RELEASE PHONE: (503) 727-1008 THURSDAY, OCT 19, 2017 SCOTT.ASPHAUG@USDOJ.GOV WWW.USDOJ.GOV/USAO/OR JASON PAUL SCHAEFER WILL MAKE INITIAL APPEARANCE IN FEDERAL COURT TODAY AT 1:30 P.M. Defendant is Charged with Assault on a Federal Officer and Using and Carrying an Explosive to Commit a Federal Felony PORTLAND, Ore. – Jason Paul Schaefer, 26, of Portland, Oregon, will appear in federal court before U.S. Magistrate Judge Youlee Yim You today at 1:30 p.m. Schaefer is charged by Criminal Complaint with Assault on a Federal Officer and Using and Carrying an Explosive to Commit a Federal Felony. This morning, Judge You ordered that the Criminal Complaint be unsealed. A copy of the Criminal Complaint is attached. Due to the ongoing nature of the criminal proceedings, no additional information will be released at this time. A Criminal Complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty. ### a A0 91 (Rev. 11/11) Criminal Complaint UNITED STATES DISTRICT COURT for the I 1' 1? 1? 31135 1359?? District of Oregon United States of America VI Case No. Jason Paul Schaefer 9 17 =ltiJ- 16 7 Defendant?s) COMPLAINT 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 October 11, 2017 in the county of Washington in the District of Oregon the defendant(s) violated: Code Section O?ense Description 18 U.S.C. 111(b) Assault on a Federal Officer 18 U.S.C. 844(h) Using and Carrying an Explosive to Commit a Federal Felony Certified to be a true and correct ?copy of original filed' In this District. Veg-famed OCT 18 Moran, Clerk of Court US District Court of By Deputy Clerk Pages ?htadgh 2 This criminal complaint is based on these facts: See Affidavit of Wade N. Mutchler. El Continued on the attached sheet. Com 1 Signature Wade N. Mutchler, Special Agent, FBI Printed name and title Sworn to before me and signed in my presence. Date: 6767? [325/22 I . 7% may/MK MS Signature City and state: Portland, Oregon Stacie F. Beckerman, U.S. Magistrate Judge Printed name and title STATE OF OREGON ss. AFFIDAVIT OF WADE N. MUTCHLER County of Multnomah I, Wade N. Mutchler, being duly sworn do hereby depose and af?rm: Introduction and Agent Background 1. I am a Special Agent with the Federal Bureau of Investigation and have been since July 14, 2002. I am currently assigned to the Joint Terrorism Task Force where I work as a Special Agent Bomb Technician. I completed the FBI Academy in 2002 and was assigned to a Domestic Terrorism Squad of the Joint Terrorism Task Force in the Portland Division. I completed training at the FBI Hazardous Devices SchOol (HDS) to become a bomb technician in September 2009. My coursework at HDS included training on improvised explosive devices (IEDs) and how to render them safe, improvised explosives, as well as their precursor chemicals. In addition to the basic training completed at HDS, I have completed several advanced trainings in the areas of improvised explosives, IEDs, and IED fusing systems. i 2. This af?davit is submitted in support of an application for a warrant authorizing the arrest of JASON PAUL SCHABFER (DOB: for the crime of Assault on a Federal Of?cer under 18 IU.S.C. 111(b) and Using and Carrying an Explosive to Commit a Federal Felony under 18 U.S.C. 844(h). 3. The information stated herein is based on my own personal involvement in this investigation, as well as discussions I have had with other law enforcement of?cers involved in this investigation and information centained in written reports pertaining to this investigation. This affidavit does not contain all facts known to me regarding this investigation but, instead, contains only those facts which I believe are suf?cient to establish the requisite probable cause. Applicable Law Title 18 U.S.C. 111 states, in relevant part: Whoever forcibly assaults . . . any person designated in section 1114 of this title while engaged in or on account of the performance of of?cial duties [and] . . in the commission of any acts described in subsection uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or in?icts bodily injury, shall be ?ned under this title or imprisoned not more than 20 years, or both. . 5. Ninth Circuit Model Criminal Jury Instruction 8.4 lists the elements of Assault on a Federal Of?cer under 18 U.S.C. 111(b) as follows: Page 2 Af?davit of Wade N. Mutchler First, the defendant forcibly assaulted [a federal of?cer or employee]; Second, the defendant did so while [the federal of?cer or employee] was engaged in, or on account of his of?cial duties; and Third, the defendant [used a deadly or dangerous weapon] or [in?icted bodily injury]; There is a forcible assault when one person intentionally strikes another, or willfully attempts to in?ict injury on another, or makes a threat coupled with an apparent ability to in?ict injury on another which causes a reasonable apprehension of immediate bodily harm. A [speci?c weapon] is a deadly or dangerous weapon if it is used in a way that is capable of causing death or serious bodily injury. 6. Title 18 U.S.C. 844(h) states, in relevant part: Who ever? uses ?re or an explosive to commit any felony which may be prosecuted in a court of the United States, or (2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States, Including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for 10 years. USAO Version Rev. June 2017 7. Title 18 U.S.C. 8440) states: For the purposes of subsections . . . . . . the term ?explosive? means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraphl(5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by ?re, by ?iction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion. Statement of Probable Cause 8. On October 11, 2017, agents from the FBI, along with other law enforcement and public safety agencies, executed a search warrant at the residence of SCHAEFER at 18840 NW Rock Creek Circle, Apartment 295, Portland, Oregon. 9. SCHAEFER had a prescheduled appointment with a Washington County Probation Of?cer at approximately the same time the search warrant was being executed at his residence. 1 went to the Washington County Probation Of?ce to interview SCHAEFER at the time of the execution of the search warrant. After a short interview with SCHAEFER, he left the Probation Of?ce very quickly. SCHAEFER got into his car and drove away. Law enforcement attempted to follow SCHAEFER, but were unable to maintain surveillance of him due to erratic driving and his efforts to evade law enforcement. Law enforcement did not have any contact with SCHAEFER or know his whereabouts for several hours, until they saw him near his residence as described in paragraph 12 below. . 10. While executing the search warrant at residence, SABT C.M. - located a dark granular material that was inside of an open metal cabinet. An item that appeared to be an electric match was placed inside of the gray material. The electric match was Page 3 Af?davit of Wade Matchler USAO Version Rev. June 2017 I connected to a receiver to a remote ?ring system. SABT OM. also observed containers for several explosive precursor chemicals. 11. This information was relayed to me, and I, in turn, passed it along to Washington County Probation Of?cer. The Probation Of?cer informed me that a detainer for SCHAEFER would be issued. I informed law enforcement present at the search that the Frobation Of?cer had issued the detainer. 12. During the residence search, Task Force Of?cer (TFO) .C. saw SCHAEFER go toward his mailbox on foot in an area of the apartment complex close to residence. TFO J.C. approached SCHAEFER. TFO .C. verbally identi?ed himself as law enforcement to SCHAEFER. Additionally, TFO J.C. was'wearing clothing clearly identifying him as a law enforcement officer. TF J.C. told SCHAEFER that he was under arrest. SCHAEPER did not comply with commands. Instead, SCHAEFER ran back to his vehicle and began digging for something. SCHAEFER then drove away. 13. TFOs DD. and .C. attempted to make a traf?c stop of vehicle. TFOs DD. and 1C. were in unmarked vehicles that had ?ashing police lights and audible sirens. SCHAEFER initially attempted to elude TFOs DD. and his vehicle, but traf?c on NW 185th Avenue eventually blocked vehicle, and TFOs DD. and J.C. were then able to box in vehicle. TFOs DD. and 1C. are persons designated as federal of?cers under 18 U.S.C. 1114 and were engaged in the performance of of?cial duties on October 11, 201 7. 14. At the time of the traf?c stop, SCHAEFER refused to comply with commands from the TFOs. SCHAEFER held out a cigarette pack and a lit lighter. SCHAEFER yelled to Page 4 Af?davit of Wade N. Mutchler USAO Version Rev. June 2017 the TFOs that ?we?re all fucking dying today,? or words to that effect. TFO .C. was standing near the driver?s side window of vehicle, where SCHAEFER was sitting behind the steering wheel. TFO D.D. was standing behind his law enforcement vehicle to provide cover to TFO J.C. SCHAEFER then brought the ?ame to the packet, which caused an explosion. SCHAEFER suffered severe injuries to his left hand, including the loss of multiple ?ngers, from the explosion. The explosion also caused glass from vehicle to fly 8 into the air. TF J.C.. was hit by that glass and by the ?esh from mangled left hand. TFO .C. also experienced ringing in his ears after the explosion. SCHAEFBR was then taken into custody and is currently in the hospital. 15. Due to the nature, circumstances, and severity of the explosion caused by SCHAEFER, I have probable cause to believe that he ignited an ?explosive? for purposes of 18 U.S.C. 8440') when he assaulted TFOs J.C. and DD. Conclusion 16. Based on the foregoing, I have probable cause to believe JASON PAUL SCHAEFER committed Assault on Federal Of?cers, in violation of 18 U.S.C. 111(b), and that he committed Using and Carrying an Explosive to Commit a Federal Felony, in violation of 18 U.S.C. 844(h). 17. This af?davit and the requested arrest warrant were reviewed by Assistant United States Attorney Craig Gabriel who advised me that, in his opinion, probable cause exists to apply for an arrest warrant of JASON PAUL SCHAEFER. Page 5 Af?davit of Wade N. Mutchler USAO Version Rev. June 2017 Request for Sealing 18. Itis respectfully requested that the Court issue an order sealing, until further order of the Court, all papers? submitted in support of the requested criminal complaint and arrest warrant. Ibelieve that sealing these documents is necessary because the information to be seized is relevant to an ongoing investigation, and any disclosure of the information at this time may seriously jeopardize an investigation. Premature disclosure of the af?davit, the criminal complaint, and the arrest warrant may adversely affect the integrity of the investigation. WADE N. MUTCHLER Special Agent Federal Bureau of Investigation Portland, Oregon Subscribed and sworn to before me this day of October 2017. nga?tmg STACIE F. BECKERMAN United States Magistrate Judge District of Oregon Page 6 Af?davit of Wade N. Mutchler USAO Version Rev. June 2017