Case: Doc 1 Filed: 08/09/19 Page: 1 of 7 PAGEID 1 A0 9] (Rev. 11/] 1) Criminal Complaint UNITED STATES DISTRICT COURT for the Southern District of Ohio United States of America v. ETHAN KOLLIE CaseNo. 3 Dafettdamfs) CRIMINAL COMPLAINT l, 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 May 9, 2019 to August 8, 2019 in the county of Montgomery in the District of Ohio the defendant(s) violated: Code Section Offense Description 18 U.S.C. 922(g)(3) Possession of a firearm by an unlawful user/addict of a controlled substance 18 U.S.C. 924(a)(1)(A) Making a false statement regarding ?rearms This criminal complaint is based on these facts: See Attached Af?davit if Continued on the attached sheet. to" 1 . Wham}? Andrew Gragan, FBI 1? 11-51%. . . N. i?ru??we and ri?e -, . .. ?w 3th.} . \mrfatk. iaxe Sworn to before me and signed in my presenceDate; 08/09/2019 City and state: Dayton, Ohio Hon. Michael J. NewmfaijijgftisMagistrate Judge 'Jzidge ?ksif?gt?uite - .P?nir?a'?ont? and ri?e Case: Doc 1 Filed: 08/09/19 Page: 2 of 7 PAGEID 2 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT I, P. Andrew Gragan, being first duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND 1. I make this affidavit in support ofa Criminal Complaint charging Ethan KOLLIE with (1) between on or about May 9, 2019, and August 8, 2019, in the Southern District of Ohio, possession of a firearm in interstate or foreign commerce by a person who is an unlawful user ofor addicted to any controlled substance, in violation of 18 U.S.C. 922(g)(2), and (2) on or about May 9, 2019, in the Southern District othio, making false statements or representations with respect to information required by Chapter 44 of Title 18 of the United State Code, in violation 18 U.S.C. 2. I am a Special Agent with the Federal Bureau of Investigation ?1381"), Cincinnati Division. I have been employed as a Special Agent with the FBI since May 2016. I have received training in national-security investigations and criminal investigations, and have conducted investigations related to international terrorism, white?collar crimes, drug traf?cking, public corruption, ?rearms, and violent crimes. As part of these investigations, 1 have participated in physical surveillance and records analysis, worked with informants, conducted interviews, served court orders and subpoenas, and executed search warrants. 3. The facts in this affidavit come from my personal observations, my training and experience, and information obtained from other agents and witnesses. This af?davit is intended to show merely that there is sufficient probable cause for the requested Criminal Complaint and arrest warrant and does not set forth all of my knowledge about this matter. Case: Doc 1 Filed: 08/09/19 Page: 3 of 7 PAGEID 3 PROBABLE CAUSE 4. On or about August 4, 2019, agents with the FBI and ATF (Bureau of Alcohol. Tobacco, Firearms and Explosives) interviewed Ethan KOLLIE (KOLLIE), at his residence of 1216 Cloverfield Avenue, Apartment D, Kettering, Ohio, in connection with the mass shooting earlier that day in Dayton, Ohio, committed by Conner Stephen BETTS (BETTS). KOLLIE indicated that he liked guns and currently owns a handgun and a micro Draco pistol. He also indicated that he purchased body armor and a firearm accessory for BETTS earlier this year. KOLLIE consented to a search of his residence. While inside, the agents smelled marijuana and observed. in plain sight, paraphernalia consistent with smoking marijuana, including what appeared to be a ?bong," a drug delivery device commonly used to smoke marijuana. Agents also observed in plain sight, on the counter, what they believed to be the Draco pistol. KOLLIE indicated that his handgun was in his bedroom. 5. On or about August 8. 2019, agents with the FBI again interviewed KOLLIE, this time at his place of work. KOLLIE advised the FBI that he was concealed carry, which, based upon my training and experience, is an indication that he was carrying a firearm, and that he was claiming to have a permit to do so. The FBI observed a belt clip of what appeared to be an inside-the?waistband holster. KOLLIE informed the FBI that he and BETTS had done "hard drugs,? marijuana, and acid together four to ?ve times a week during 2014 to 2015. When asked how often he used drugs in the past year and a half, KOLLIE indicated that he smoked marijuana every day and had done so since he was fourteen. Agents asked KOLLIE: "So you never stopped,? or words to that effect. KOLLIE responded ?that?s right,? or words to that Case: Doc 1 Filed: 08/09/19 Page: 4 of 7 PAGEID 4 effect. Based on my training and experience, and information from other law enforcement agents and officers, 1 am aware that marijuana is a controlled substance. 6. Records obtained from a Dayton area Federal Firearm Licensed dealer included an ATF Form 4473, which based on my training and experience I know is required in order to complete the transaction of purchasing a firearm from a licensed dealer. The form pertained to the purchase by KOLLIE ofa Century Amis Draco 7.62x39mm pistol with serial number PMD- 1 1797?19. The form transferee/buyer was listed as Ethan William KOLLIE with the address of 1216 Cloverfield Avenue, Apartment D, Kettering, Ohio, and a date of birth and social security number that is consistent with Ohio Bureau of Motor Vehicle records for KOLLIE. The transfer of the ?rearm from the dealer to KOLLIE was completed on May 9, 2019. 7. Box 1 le of the ATP Form 4473 states, ?Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside." Form 4473 was checked ?No? in response to the question about August 8, 2019, the FBI executed a federal search warrant, issued on or about August 8, 2019, by the United States District Court ofthe Southern District othio, on the person of KOLLIE. When encountered by the FBI, KOLLIE was advised of the federal search warrant and that he was not under arrest. When asked if he had anything on his person, KOLLIE indicated that he had a bag of weed and a firearm. Agents pulled a small plastic bag Case: Doc 1 Filed: 08/09/19 Page: 5 of 7 PAGEID 5 from pocket, which KOLLIE advised was marijuana. A revolver, later identified to be a Taurus .3SSPC with serial number GZSO488. was also removed from his person. 9. During execution of the warrant, the FBI asked KOLLIE to speak with them and he agreed to do so. During the interview, KOLLIE admitted to being a regular user of illegal drugs, including marijuana and mushrooms, which he grew in his residence. KOLLIE stated that he micro?doses the mushrooms on a constant basis, saying it provides him with energy and is "fun.? KOLLIE described the process of how he grew mushrooms in plastic bins in his room, including the mushroom starter mycelium, the grow process, time to harvest, and the yield he obtained every two to three months. KOLLIE stated he had recently harvested and processed his mushrooms. 10. The FBI asked KOLLIE ifhe was asked about his drug use on the ATP form when he purchased his ?rearms. KOLLIE responded that he did remember answering that question on the ATP form when he bought his firearms. KOLLIE stated that he answered ?no? to the question regarding drug use. When asked why he lied, KOLLIE stated he knew that if he told the truth about his drug use, he would not be allowed to purchase a ?rearm, so he lied and answered KOLLIE acknowledged his purchase for BETTS of the following items used by BETTS in the August 4, 2019 shooting in Dayton: (1) body armor, (2) upper receiver ofthe weapon, and (3) the lOO?round double drum magazine. KOLLIE indicated that he purchased these items for BETTS and stored them in apartment to assist BETTS in hiding them from parents. KOLLIE indicated that approximately 10 weeks ago while in apartment, KOLLIE watched and helped BETTS assemble the weapon used by BETTS in the August 4, 2019 shooting in Dayton. KOLLIE indicated that upon arrival of the drum magazine approximately 6 to 8 weeks ago, BETTS retrieved the 4 Case: Doc 1 Filed: 08/09/19 Page: 6 of 7 PAGEID 6 assembled weapon. including the drum magazine, and took possession of it and the body armor at that time. 1 1. On or about August 8, 2019, the FBI executed a federal search warrant, issued on or about August 8, 2019, by the United States District Court of the Southern District Othio, on the premises of 1216 Cloverfield Avenue, Apartment D, Kettering, Ohio. During the search of the premises. agents located the aforementioned Draco pistol, a Taurus Model PT1 1 1 G2A semi? automatic pistol with serial number TLR08219, ammunition, drug paraphernalia, including a clear glass pipe and what is commonly referred to as a "bong,? and what appeared to be controlled substances, including what appeared to be mushrooms, which based on my training and experience are cultivated and consumed because they often contain psilocyn and psilocybin, Schedule I controlled substances. 12. Based on the foregoing, I believe there is probable cause to believe that KOLLIE committed the following criminal violations: (1) between on or about May 9, 2019, and August 8, 2019, in the Southern District of Ohio, possession of a ?rearm in interstate or foreign commerce by a person who is an unlawful user of or addicted to any controlled substance, in Violation of 18 U.S.C. 922(g)(2), and (2) on or about May 9, 2019, in the Southern District of Case: Doc 1 Filed: 08/09/19 Page: 7 of 7 PAGEID 7 Ohio, making false statements or representations with respect to information required by chapter 44 of Title 18 ofthe United State Code, in violation 18 U.S.C. Respectfully submitted 7% P. Andrew Gragan Special Agent Federal Bureau of Investigation Hon. MichaelJ Newman A UNITED STATES MAGISTRATE JUDGE