Case No. 17-mj-00195-JTM
AFFIDAVIT
I, Ryan T. Zornes, S e n i o r Special Agent Certified Fire Investigator (SSACFI),
Bureau of Alcohol, Tobacco, Firearms and Explosives (hereinafter referred to as “ATF’), being
duly sworn state as follows:
1.
I am a Special Agent with the United States Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) and have been so employed since November
2001. I am currently assigned to the Kansas City Field Division, Kansas City, Missouri Field
Office and investigate incidents involving the criminal use of fire.
2.
During my tenure as an ATF agent, I have been the affiant for numerous federal
search warrants, which have resulted in the seizure of firearms, narcotics, drug proceeds and
other contraband. I have personally conducted and participated in numerous investigations,
which have resulted in the arrest and prosecution of individuals charged for violating federal
firearms, arson, drug and explosive laws.
3.
I have investigated numerous fires that have occurred in commercial and
residential occupancies. During those investigations, I determined or assisted with the
determination as to where the fire originated and what caused the fire (origin and cause). I
have also testified as an expert witness in Federal Court in the United States District Court,
Western District of Missouri, a n d Missouri State Court, offering my expert opinion as to the
origin and cause of fires.
4.
I have participated in fire and explosive investigations as an active member of the
ATF National Response Team which responds to major incidents that have occurred throughout
the United States involving the loss of life and or significant loss of property.
5.
The information in this affidavit is based upon my personal observations and
investigation or on information relayed to me by other means, including, but not limited to, from
special agents or other law enforcement officers, private citizens, reports of investigation from
law enforcement agencies, and recorded conversations. Because this application is being
submitted for the purpose of establishing probable cause to support a criminal complaint, I have
not included every fact known to me concerning this investigation. I have submitted only
those facts and circumstances which I believe are necessary to establish probable cause for the
issuance of an arrest warrant for violation of Title 18, United States Code, Section 844, et seq.
6.
On October 29, 2017, at approximately 4:23 a.m., the Kansas City, Missouri Fire
Department (KCMOFD) 911 Dispatch was notified of an automatic alarm at the Concord
Cultural Center located at 11040 West Longview Parkway, Kansas City, Jackson County,
Missouri 64134. The KCMOFD responded to the scene, conducted an investigation into the
cause of the automatic alarm at the Concord Cultural Center and determined that there was no
visible sign of smoke or fire on the exterior of the building. After the KCMOFD cleared the
scene, the responding firefighting units went back into service.

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 7. On October 29, 2017. at approximately 6:28 an employee of the Concord
Fortress of Hope Church. located at 11050 West Iongview Parkway. Kansas City. Jackson
County. Missouri 64134. contacted the KCMOFD and reported that a fire had occurred inside
the Concord Cultural Center. It should be noted that the Concord Cultural Center is attached to
the Concord Fortress of Hope Church. The KCMOFD responded to the Concord Cultural Center
and determined that a fire had occurred in an office area inside the building. Firefighters also
determined that a sprinkler head inside the office had activated and extinguished the tire prior to
their arrival.

8. On October 29. 2017, fire investigalors with Ihe Kansas City. Missouri Police
Departmenl (KCMOPD). Bomb and Arson Unit. and ATF conducled an investigalion Io
determine the origin and cause of Ihe fire. During the fire scene investigation. investigators
determined that a fire had occurred inside an office area jusl inside Ihe main into Ihe
Concord Cullural Center. Upon closer examination. investigators concluded that an office chair
and other ordinary combustible material had been intentionally ignited using an open flame. An
electric space healer. which had been placed close lo the area of origin wilhin Ihe office area, was
eliminaled as an accidenlal cause of Ihe fire. All olher accidental and nalutal causes for the fire
were also eliminated by investigators. The cause of the fire was determined to be incendiary.

9. During the initial scene investigation which included an exterior and interior
examination of the Concord Cultural Center and the Concord Fortress of Hope Church
Investigators located the words "You Next-". the letters K. and a symbol similar
lo a "Swastika." sprayrpainled in a tan or khaki color on the from of the Concord Fonress of
Hope Church. It should be noted that the inflammatory grafflli was visible from the main
entrance into the parking lot as members of the congregation arrived for church for Sunday
morning services on October 29, 2017. Investigators also observed broken automotive glass in
the parking lot on the Southeastern side of the campus near the main entrance into the Cultural
center.

10. During the exlerior and interior examination of the church and cultural center,
investigators observed numerous exterior and interior video surveillance cameras.

11. As investigators continued processing the scene. investigators observed three (3)
vending machines that were located inside the gymnasium of the cultural center. Upon closer
examination of the vending machines, investigators determined that two (2) of the vending
machines located in the gymnasium had been vandalized. Investigators also discovered pry
marks on the wooden door leading into the finance office in the church, which indicated that
someone had attempted Io force entry into the room.

12. During the fire scene examination. investigators located a second floor storage
room in the foyer area which separated the church from the cultural center that contained the
Digilal Video Recorder (DVR) for the video surveillance system that monitored the foyer area
and the cultural cenlers inlerior and exterior cameras. Upon closer examination of the DVR
system located in the foyer storage room. investigators determined that the DVR system was
unplugged and no longer recording. The DVR was plugged back in and powered on so the DVR
system could be examined to determine if the system had recorded any video prior to the DVR

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being disabled. A review of the DVR system located in the foyer storage room revealed the DVR
system lost power sometime after 1:00 on October 29, 2017. and had been intentionally
unplugged. A review of the DVR system also revealed that an unknown black male was observed
in the foyer area shortly before the DVR system was deactivated. The unknown black male was
later identified as Nathaniel NELSON who was the maintenance man for the church and cultural
center. KCMOPD Deputy Chief Karl Oakman, who was also a member of the Concord Fortress
of Hope Church. identified NELSON as the individual depicted in the video surveillance footage
that was captured in the foyer area.

13. Further investigation revealed a mechanical room located within the church that
contained a second DVR. The second DVR recorded the video surveillance footage for the
interior and exterior cameras located inside and outside of the church and were separate from the
cameras located in the cultural center and foyer. When the DVR was examined. it was
determined that the DVR was still powered on and was recording. The examination also revealed
video footage of an unknown black male spray panting the front of the church which was the
same location where investigators observed the inflammatory graffiti. KCMOPD Deputy Chief
Oakman identified the unknown black male observed sprayrpainting the front of the church as
Nathaniel D. NELSON.

14. On October 29. 2017. investigators with ATP and the KCMOPD Bomb and Arson
conducted an interview omehrmich. NELSON black male date a birth

- The interview was conducted at the church in a conference room near the church offices.
It should also be noted that during the initial investigation, NELSON was informed that he was
not in custody and was free to leave the interview at any time. During the initial interview,
NELSON told investigators that he was the Supervisory Maintenance man for the church and
had been employed at the church for almost a year. NELSON added that he was also a member
of the church. NELSON indicated that he was responsible for cleaning the entire building, which
included the church and cultural center.

 

15. As the interview continued. NELSON provided investigators with a detailed
timeline of his activities between October 28. 2017, and his arrival at the church on October 29,
2017. During the timefrarne NELSON provided to investigators. NELSON lied about his
activities after he left the church on October 28, 2017, at the conclusion of a or Treat event
that occurred at the church and cultural center earlier in the day. The fictitious timeline included
NELSON's return to the church during the early morning hours of October 29. 2017, after he
received a phone call from the alarm company indicating a "motion alarm" was being received
in the main church building. NELSON also indicated he had gone to his brother's house and an
exewife's house in an attempt to establish an alibi. all of which were false. NELSON also
informed investigators that the church had recently received a racially motivated threat from an
old white man.

16. At the conclusion of the initial interview with NELSON. investigators then
conducted a Miranda interview with NELSON. They informed him that he had not been honest
with investigators about his activities between October 28. 2017. and October 29. 2017.
Investigators also informed NELSON that he was observed on video surveillance footage inside
the foyer area shortly before the DVR system was deactivated and was observed on video Spray

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painting the front of the church. NELSON initially denied having any involvement with spraypaining the church but then admitted to investigators that he had in fact sprayed the inflammatory
graffiti on the front of the building.
17.
NELSON then told investigators that he returned to the church in a white Chevy
3500 Van sometime after 8:00 p.m., on October 28, 2017. NELSON indicated he deactivated
the alarm system using the keypad located in the foyer area between the church and cultural
center. NELSON then proceeded to his office located in the back part of the cultural center
where he smoked crack cocaine to get high. At some point after getting high, NELSON indicated
he went into the church office area and attempted to force his way into the finance office to steal
money. It should be noted that NELSON told investigators that the finance office was the only
room in the church and cultural center he did not have keyed access. NELSON stated that his
attempts to enter the finance room were unsuccessful so he proceeded into two (2) adjacent
offices using his key and took $140 from one office and $94 from another office. NELSON told
investigators that he then left the church to purchase more crack cocaine.
18.
NELSON stated that after he purchased four (4) crack rocks from his supplier for
approximately $125, NELSON returned to the church to get high a second time. After NELSON
smoked the crack cocaine in his office, he retrieved a pair of bolt cutters, a wrench, and a drill bit
and attempted to break into the vending machines located in the gymnasium of the Concord
Cultural Center. NELSON indicated that he was only able to steal $2 from the vending machines.
19.
NELSON then told investigators that at some point after breaking into the
vending machines he left the church to purchase additional crack cocaine from the same source.
NELSON told investigators that after he purchased approximately four (4) additional crack rocks
he again returned back to the church to get high. It should be noted that NELSON indicated he
only paid $75 for the additional crack cocaine with the promise that he would provide his crack
cocaine source $200 in food stamps at a later time.
20.
During the interview, NELSON admitted to investigators that he intentionally
unplugged the DVR system that was located in a second floor storage room in the foyer area
between the church and cultural center. NELSON added that he did not know that video was
being recorded on a separate system inside the church, which captured him spray-painting the
outside of the building.
21.
Toward the end of the interview, NELSON admitted to investigators that he
intentionally set a fire inside the office area of the Concord Cultural Center using clothing and
paper towels that he had laid on or next to an office chair. NELSON added that a space heater
was close to the area where he started the fire but indicated he did not turn the space heater on.
NELSON told investigators that he used a red lighter to set the fire and provided the lighter to
investigators during the interview.
22.
NELSON told investigators that after he set the fire he left the church and drove
around, subsequently checking himself into the emergency room at Research Medical Center in
an attempt to establish an alibi. It should be noted that NELSON was observed wearing a bracelet
on his left arm that was similar to an emergency room intake bracelet. NELSON admitted that
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 he left the hospital before being examined because hospital personnel requested that he provide
a urine sample. NELSON stated he voluntarily left the hospital and drove home so he could
change. NELSON added that after he changed he returned to the church and arrived at
approximately 7:00 a.m., on October 29, 2017.
23.
NELSON admitted to investigators during the interview that he spray-painted the
front of the church with inflammatory graffiti and intentionally set the fire to create a diversion
and throw investigators off.
24.
During the interview, NELSON told investigators that he had been previously
convicted in Jackson County, Missouri in 1986 for armed criminal action and assault second
degree, both of which are felonies. NELSON added that he went to state prison for
approximately seven years on the conviction. NELSON stated that he was paroled shortly before
the end of the sentence. During his parole, NELSON indicated he violated his parole and was
sent back to prison for approximately 30 days. NELSON stated he violated the terms of his
parole by leaving the state. NELSON also informed investigators that he was convicted in 2007,
for burglary, and forgery, all of which are felonies in Jackson County, Missouri. NELSON added
that he was sentenced to six years in prison, of which he did two and half years before being
paroled. NELSON told investigators that his 2007 conviction was related to an arson for profit
scheme where he agreed to burn a house for insurance proceeds. NELSON stated he violated
the terms of his parole in 2010, for smoking crack cocaine and was sent back to prison for an
additional 30 days.
25.
During the interview, NELSON informed investigators that he had stolen several
pre-signed checks from the church on October 22, 2017. NELSON added that the stolen checks
were located in his white Chevy 3500 Van, which was parked outside, in the church parking lot.
NELSON provided written consent during the interview so investigators could search the van
and recover the checks. NELSON added that he had busted out the front passenger side door to
the van because he had inadvertently locked his keys in the van during his crack binge and used
a weight to break the window.
26.
At the conclusion of the interview, NELSON took investigators to his office
located in the back of the Concord Cultural Center. Upon arrival, NELSON showed investigators
the tools he used to break into the vending machines that he disposed of in a trashcan outside his
office door. NELSON also showed investigators the location of the Khaki spray paint he used
to spray paint the front of the church, which investigators observed on top of NELSON’s desk,
which was in NELSON’s office.
27.
During a consent search of NELSON’s white Chevy 3500 Van, which was parked
in the front eastern part of the church parking lot, investigators recovered several pre-signed
checks belonging to the Concord of Hope Fortress Church.
28.
A review of NELSON’s criminal history by investigators corroborated the
information NELSON provided regarding his previous felony convictions.

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 29.
The Concord Cultural Center located at 11040 West Longview Parkway, Kansas
City, Jackson County, Missouri 64134, owned by the Concord Fortress of Hope Church, was
involved in interstate commerce at the time of these events. According the pastor of the church,
Trilogy Sports and Fitness has a contract with the church in which Trilogy Sports and Fitness
pays rent to utilize the Concord Cultural Center for athletic training.
30.
Based upon the above, I believe there exists probable cause that Nathaniel D.
NELSON violated Title 18, United States Code, Section 844(i) by maliciously damaging or
destroying, or attempting to damage or destroy, by means of fire or an explosive, any building,
vehicle, or other real or personal property used in interstate or foreign commerce or in any
activity affecting interstate or foreign commerce by setting a fire inside the Concord Cultural
Center located at 11040 West Longview Parkway, Kansas City, Jackson County, Missouri
64134.

_______________________________
RYAN T. ZORNES
Senior Special Agent Certified Fire
Investigator, Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF)

Subscribed and sworn to before me this

30th

day of October 2017.

HONORABLE John T. Maughmer
United States Magistrate Judge
Western District of Missouri

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