Case: 5:19-mj-05250-MAS Doc #: 1 Filed: 08/19/19 Page: 1 of 1 - Page ID#: 1
AO 91 (Rev. 11 / 11 ) Criminal Complaint

UNITED STATES DISTRICT COU~ 'IsternDistrictofKentucky
for the
F I LE D
Eastern District of Kentucky
United States of America

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V.

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)
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Scott Greiner

AUG 19 2019
Al LEXINGTON
ROBERT R. CARR
CLERK U.S. DISTRICT COURT

Case No.
19-MJ-5250

Defendant(s)

CRIMINAL COMPLAINT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC 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
Eastern District

August 7, 201 9

in the county of

Fayette

in the

District of _ __K
_ e_n_tu_c_k_L_y_ __ , the defendant(s) violated:

Offense Description

Code Section
18 U.S .C. 875(c)

Knowingly transmitted in interstate commerce a communication containing a
threat to inj ure the person of another

This criminal complaint is based on these facts:
See Affidavit

~ Continued on the attached sheet.

[Signed remotely per FRCP 4.1.)
Complainant 's signature

David Lowery, FBI SA
Printed name and title

Attested to by the applicant in accordance with
by reliable electronic means (telephone).
Date:

C ity and state :

the requirements of Fed .

R . Criminal. P. 4.1 transmitted

08/19/2019

Lexington, KY

Matthew A. Stinnett, United States Magistrate Judge
Printed name and title

 Case: 5:19-mj-05250-MAS Doc #: 1-1 Filed: 08/19/19 Page: 1 of 3 - Page ID#: 2

AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT
I, David Lowery, first being duly sworn, state as follows:
1.

I am a law enforcement officer of the United States within the meaning of

Section 2501(7) of Title 18, that is, an officer of the United States who is empowered by
law to conduct investigations of and make arrests for offenses enumerated in Title 18,
United States Code, Section 2516. I am also a “Federal Law Enforcement Officer” within
the meaning of Rule 41(a)(2)(c) of the Federal Rules of Criminal Procedure.
2.

I am a Special Agent with the Federal Bureau of Investigation (FBI),

United States Department of Justcice, and have been so since July 2011. I am currently
assigned to the Lexington Resident Agency, within the Louisville Division of the FBI,
and am assigned to investigate a wide range of criminal violations. I have received
training from the FBI Academy in Quantico, Virginia, which covered a variety of
investigative techniques including interviewing, report writing, and an overview of legal
statutes and criminal laws.
3.

This affidavit contains information necessary to support probable cause for

the Criminal Complaint. This affidavit is not intended to include each and every fact and
matter observed by me or known by the government. The facts and information contained
in this affidavit are based upon my personal observations, investigations, and that of other
law enforcement officers which was conveyed to me.
4. This affidavit is submitted in support of a Criminal Complaint charging
Scott Greiner (“Greiner”) with making interstate communications with the intent to

 Case: 5:19-mj-05250-MAS Doc #: 1-1 Filed: 08/19/19 Page: 2 of 3 - Page ID#: 3

injure in violation of 18 U.S.C. § 875(c).
5.

Greiner is a patient of the VA Medical Center in Lexington, Kentucky, and

lives in Fayette County, Kentucky. On or about August 7, 2019, Greiner made an
interstate phone call from Lexington, Kentucky to Tri-West, a VA contractor located in
Kansas City, Missouri, regarding a medical appointment. During the phone call in
which two representatives from Tri-West participated, Greiner became angry because he
believed that he should not have to call every three months to schedule his appointments.
According to the Tri-West representatives, Greiner told them he was going to his local
VA to either turn it into another El Paso or give it an El Paso welcome with one or two
M-16 rifles. The mass shooting at a Wal-mart in El Paso, Texas had just occurred four
days before Greiner made this call. One of the customer service representatives told
investigators that the phone call lasted for approximately 6 minutes during which time
Greiner expressed empathy and understanding to those who have committed mass
shootings.
6. Tri-West reported the call to the VA in Lexington. The VA attempted to call
Greiner, but he did not answer so Fayette County Sheriff’s deputies went to Greiner’s
residence. Greiner admitted making the call and being angry, but denied having made any
threats. On August 13, 2019, I interviewed Greiner with the VA police. Greiner
continued to deny making a threat to the VA, but admitted that he was angry when he
talked to Tri-West, and said that he told the customer service representative that “you
don’t want to have this be another El Paso incident.”
2

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7.

Based on the foregoing, I believe that probable cause exists to believe that

on August 7, 2019, in the Eastern District of Kentucky, Scott Greiner, sent a message in
interstate commerce containing a threat to injure those at the VA Medical Center in
Lexington, Kentucky, in violation of 18 U.S.C. § 875(c). I request that this Court issue an
arrest warrant for Scott Greiner.

Signed remotely per FRCP 4.1.
______________________________
David Lowery
SA FBI
Sworn to and subscribed before me this

day of August, 2019.

________________________________
MATTHEW A. STINNETT
MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT

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