Case: 4:20-mj-07180-SPM Doc. #: 2 Filed: 05/31/20 Page: 1 of 4 PageID #: 2 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT I, Ryan Monahan, being duly sworn, deposes and states: I have been a Special Agent with the Federal Bureau of Investigations (FBI) since September 20, 2015. During my tenure, I have been trained on numerous investigative methods and techniques in relation to criminal and counterterrorism investigations. I am currently assigned to the St. Louis Field Office. My responsibilities include conducting searches and arrests based on probable cause for violations of the United States criminal code. I have been thoroughly trained on the procedures and methods needed to conduct these investigations, including but not necessarily limited to the identification and cultivation of social media accounts and the internet more generally. Because this affidavit is submitted for the limited purpose of establishing probable cause for the requested criminal complaint, I have not included each and every fact known to me about the subject named herein or this investigation as a whole. Rather, I have included only those facts which I believe to be necessary to establish the requisite probable cause. The recitation of facts contained herein is derived from my personal observations and investigations and, where indicated, information provided by fellow law enforcement officers. On or about May 25, 2020, George Floyd, an African-American man, was killed after he was forcibly restrained by white police officers in Minneapolis, Minnesota. Mr. Floyd’s death sparked days of civil unrest in Minneapolis and elsewhere. Within days, protests spread to multiple major cities, including St. Louis, Missouri. Many of these protests began peacefully but devolved into violence, vandalism, and looting. In an effort to identify potential flashpoints for violence, your affiant and other investigators monitored social media activity for evidence of imminent acts of violence. During the course of that monitoring, investigators identified a 1  Case: 4:20-mj-07180-SPM Doc. #: 2 Filed: 05/31/20 Page: 2 of 4 PageID #: 3 specific Facebook account with the username “Mike Avery.” Based upon a comparison between photographs posted on the “Mike Avery” Facebook page and photographs available through the Missouri Department of Revenue, the person utilizing the “Mike Avery” Facebook page is believed to be Michael J. Avery. On May 28, 2020, Facebook user Mike Avery (UID:100012403447165) posted information tending to suggest that he was located in Minnesota. More specifically, he made a Facebook Live video post wherein he appears frustrated. Avery addressed some of his comments to “St. Louis activists,” whom he wanted to “tune into [his] live [videos].” Avery, who is visible in the video and can be heard speaking, specifically referenced being located in Minnesota. On May 29, 2020, Avery posted further information indicating that he was still located in Minnesota. He wrote, “Out of everything that I have seen so far since I been down here in MN, hands down the way that people has stuck together and supported one another has been a beautiful site. Well we about to hit the streets, phones fully charged, tell FB to leave me alone so I can bring yall live footage.” Later the same day, Avery posted videos appearing to corroborate that he was located in Minneapolis. He also posted “Curfew just started and it’s a standoff by the pd everybody in MN get here right now.” Shortly before the foregoing post earlier in the day, Avery suggested that he was leaving Minnesota to travel to St. Louis. Avery posted “Anybody in STL interested in being a part of a level RED ACTION AND CAN BE AVAILABLE SATURDAY NIGHT PLEASE INBOX ME BEFORE I LEAVE MN. PLS SHARE THIS POST WIDELY, CALLING OUT ALL THE SHOOTERS, ALL THE PEOPOLE WHO DON’T GIVE AF. ALL THE PEOPLE WHO HAS HAD ENOUGH. AND IF IK THAT THIS ISN’T THE TYPE OF ACTION FOR YOU, I WILL 2  Case: 4:20-mj-07180-SPM Doc. #: 2 Filed: 05/31/20 Page: 3 of 4 PageID #: 4 NOT RESPOND TO YOUR INBOX CAUSE THIS IS NOT FOR YOU. SHARE, SHARE, SHARE.” The FBI assesses level RED ACTION to be associated with a high level of violence. On May 30, 2020, Avery posted information suggested that he was en route from Minnesota to St. Louis. Among other things, Avery posted, “STL WE ON THE WAY.” He went on to write, “BUT REAL QUICK I WANT TO SHARE WITH YOU HOW THE YOUNG PEOPLE OF MN ORGANIZED THEY LOOTING.” Avery included specific details about looting that had occurred in Minneapolis. For example, “SO HOW THEY DID THIS WAS THEY ONLY ALLOWED 3 TO 4 PPL TO GATHER THINGS AND THEY THREW EVERYTHING ONTO THE PARKING LOT THAT WAY PPL DIDN’T HAVE TO GO INTO THE STORES”. The same post also noted that looters in Minnesota “HAD A CERTAIN COLOR SPRAY PAINT AND THEY MARKED ALL THE BLACK OWNED BUSINESSES OR BUILDINGS THAT WERE NOT TO BE TOUCHED UNDER NO CIRCUMSTANCES”. Avery encouraged large numbers of men to participate in the looting in St. Louis, suggesting that women should not be required to do so. Near the end of the lengthy post, Avery wrote, “BRING THE MASSES OUT.” On the evening of May 30, 2020, a number of individuals assembled outside the Ferguson Police Station to demonstrate in protest of the death of George Floyd. The protest began peacefully, but over the course of the evening, devolved into property damage and violence. Windows at the Ferguson Police Department, as well as at least one local business, were smashed as protesters threw rocks and bottles at police. On the same evening, May 30, 2020, Avery made a post calling for men in St. Louis to stand up and “get to Ferguson pd right now.” Several minutes later Avery posted, “RED ALERT EVERYONE GET TO FERGUSON PD RIGHT NOW.” Earlier on the same day, Avery posted a call for others to provide him with 3  Case: Doc. 2 Filed: 05/31/20 Page: 4 of 4 PagelD 5 names of police of?cers. Among other things, Avery wrote, need ?rst and last names of any bike cops yali remember anybody who was involved in some shit and got away with it I need names and. now.? Based upon my training and experience, as well as my analysis of the events of the past 72 hours, Michael M. Avery, Jr. utilized the internet to broadcast Videos and post written information from Minnesota, Where he was participating with others in iootiag businesses incident to protests surrounding the death of George Floyd. Avery speci?cally directed at least some of his comments to ?St. Louis activists-? Prior to leaving Minnesota, Avery urged ?shooters? to assemble with him in St. Louis. He also encouraged others reading his posts to share them with others for purposes of ?calling out all the shooters.? Avery provided tutelage as to how looting occurred in Minnesota, describing how certain businesses were vandalized and others were left intact. Avery also encouraged ?masses? to participate in such activities in St. Louis. I state. under the penalty of 1:3le that the foregoin and correct. ,4 V's/Am R'?n Mohegan (Date Special Agent, FBI Sworn to, attested to, or af?rmed before me via reliable electronic means pursuant to Federal Rules of Criminal Procedure 4.1 and 41. slallaoacy Honorable Magistrate Iadge Shirley P. Mensah Date