STATE OF MAINE UNIFIED CRIMINAL COURT CUMBERLAND, SS SO. CUMBERLAND a- r: Af?davit in Support of Search Warrant E: T. . . :3 i TO: Any Judge of the Unified Criminal Court: 5 A 3?3 r71 1, Lisa Sweatt, a Police Officer for the City of Portland Police Department: being duly sworn on oath, state as follows: I. I am currently a Detective with the City of Portland, Maine Police Department. I have been a Portland Police Of?cer for the last twenty six years and a detective for the last eight years. I am assigned to the Crimes Against People Unit in the Criminal Investigations Division where I investigate domestic violence crimes. As a result I have had specialized training in the investigation of domestic violence and other crimes against people. I tinther state that I am involved in the ongoing investigation of Murder, Title 17-A, Section 201, Elevated Aggravated Assault, Title 17-A, Section LA and Reckless Conduct with a Dangerous Weapon Title Section 211.1 which occurred on May 25, 2015. ll. 1 have learned the following facts and circumstances of this investigation: Ill. That probable cause exists to search the address of 341 Pore St. 3rd floor suite 301 (also identified as 26 Market St.) for evidence of the crimes of Murder, Elevated Aggravated Assault and Reckless Conduct with a Dangerous Weapon. My basis for probable cause is: l. I have received information regarding this incident from the following of?cers, detectives and evidence technicians of the Portland Police Department; Sergeant Timothy Farris, Det. Richard Beaumont, Det. Karl Rybeck and Evidence Tech. Frank Pellerin. 2. On Monday May 25, 2015 at about 2356 pm. the Emergency Communication Center for the Portland Police Department received several calls of ?shots fired? at 26 Market St. including a call that multiple pers0ns had been shot. Several police of?cers and supervisors were diSpatched to 26 Market, including but not limited to Sgt. Timothy Farris, Of?cer Brent Abbott and Officer Michael Bennis. 3. DiSpatch received a-911 'call from a female saying her friend had been shot. Dispatch had an open line and could hear a lot of screaming in the back ground. Af?davit of Detective Lisa Sweat: Paget of 2110890 10. 11. Dispatch received an additional call from someone on the second floor who had heard multiple gun shots coming from the third floor of that location. The caller said there were people running out of the building and down the street I spoke to Sgt, Thnothy Farris who had been one of the first to arrive on scene. Sgt. Fan-is told me that officers arrived and located multiple people on the sidewalk in front of 26 Market St.) the location of a music recording studio. One of the males outside had been shot. Witnesses said that there was one other gunshot Victim still in the studio on the third floor, Witnesses were not sure how many other people were still in the studio. The witnesses said that the shooter ran out of the studio, but the otficers did not know where the shooter was. A team of officers entered the building to secure the scene and locate the victims. There ms no one located on the second floor. The only person located on the third floor was a male gunshot victim. The victim was located in the sound booth area of the studio. The victim was removed by the officers. The victims were transported to Maine Medical Center by Medcur Officers on scene spoke to several witnesses and secured the area. Several witnesses were transported to the Portland Police Department. Det. Richard Beaumont and Det. Karl Rybeck spoke to the business owner Ron Hargrove --. Ron had not been at the studio during the shooting, but he had been called and responded to the police station. Ron identified the business as Da Block Recording with an address of 371 Fore St, 3m floor Suite 301. Ron said that people ofien use the 26 Market St. entrance to access the studio. Ron llargrove said that he had been at die studio earlier in the day, but lefi in the early evening. Ron said that his associate Dominic Deas was in the studio when he left. Beaumont and Dct. Ryheck spoke to Dominic "Niko" Deas - Dominic was at 26 Market St. when tlle officers arrived on scene and was brought to the police station. Dominic said that he was at the studio at the time of the shooting. Dominic that Gloria Oriol Tre 'on "Trey" Ai'senault_ and Jeffrey Star" Silva arrived at the studio on May 25, 2015, sometime between 9pm and 9~930pm. Dominic said that Kirkland Lamorc --a.rrived at the studio sometime between 10:30pm and 11:00pm. Dominic said that on May 26, 2015 at around midnight he left the lounge area of the studio to use the bathroom. The bathroom is located outside of the studio down Lhe Common hallway on the third floor. Dominic said thatjust as he went into the bathroom he heard 5/6 gun shots. Dominic came out of the bathroom and saw people running from the studio. Dominic heard Gloria yell that Amoavvl or Delecllve Ltsa'swealt Page 2 a: 7 12. 13. 14. someone had been shot. Dominic Went back into the studio and saw Gloria, Trey and Waddah Siedahrned Dominic then looked out the window onto Market St. and saw that police had arrived On May 26. 2015 at approximately 2:303m Det, Beaumont conducted an interview with Gloria Oriol at 109 Middle SL, floor. The interview was recorded and conducted in interview room Gloria told Det. Beaumont, in substance, the following information: Gloria said on May 25, 2015 she arrived at the studio with Treyjon "Trey" Arsenault and Jeffrey "1 Star" Silva, so en 8130 and 9:00pm. Gloria said that Mohamed "Lefty" Ali and Waddah Siedahmed were already inside the studio. Gloria said that Kirkland Lamour arrived at the studio sometime between 10:15 and 10:30pm. Gloria said that there were three or four unknown black males and one unknown Asian male at the studio prior to them arriving. Gloria said that there were also 7 or 8 unknown black males standing in the lofi area of the studio. Gloria said that she went into die sound booth to start her recording session. The sound booth is divided into two areas. One side is the control room where the computers and mixers are located The other side is the sound room. There is a glass window separating the two areas. Gloria said that Waddah, Star, Lefiy and Trey were in the control room while she was in the sound room. Gloria said that 374 black males and the Asian male who she had seen in the studio came into the sound room and were talking to her. She told the males to leave because it was her time to record. The black males and Asian male then went back over to the control room side. Gloria heard an argument coming from the control room. Gloria said that it was hard for her to see into the control room. Because of her height it was difficult to see over the microphone and screen behind it. Gloria said that when she moved she could see through the window and saw the barrel of a black gun and then heard at least 5 or 6 gun shots. l5. 16, 17, Gloria could see people in the control room ducking as the shots were fired. Gloria ducked down into the corner of the sound room, Several people ran into and out of the sound room, Once Gloria stood back up she saw that Trey had been shot. Gloria also saw that Lefiy had been shot. Gloria went to a window facing Market St. and yelled for someone to call the police. Gloria said that she was in the process of recording when the argument and shooting occurred. Therefore it is possible that there is evidence of the crimes contained in the recording equipment and computers within the studio, Der. Bryan Lelarte responded to the Maine Medical Center to locate and identify the victims. Three victims had been transported to the hospital and were identified as Mohamed Ali, Treyjon Arsenault and Jeffrey Silva, Amdavii oi Delective Lisa Sweatl Page 3 at 7 1s. 19. 20. 21. 22. Mohamed Ali had been shot and is currently in stable condition. Jeffrey Silva was treated for a hand injury and released. Treyjon Arsenault died as a result of his gunshot injuries. On May 26, 2015 at 2:00am Det. Bryan Letarte interviewed Jeffrey Silva atthe Maine Medical Center. Jeffrey said that on May 25, 2015 he arrived at the studio between the hours of 8:50 and 9:00pm. Jeffrey said that he saw Niko, Ali, Waddah, and Niko?s girlfriend, Jeffrey said that he stepped out of the sound booth and saw 3 or 4 males near the door. He saw an unknown short male (Asian or light skinned black male) talking to Ali. The male was saying to Ali that he ?beat you up once before and you ran like a bitch?. Ali told the male, ?I?m not a bitch? and not to start anything in the studio. The male told Ali to step outside and opened the door. As Ali stepped out an unknown tall black male punched Ali in the face. Ali tried to fight back. Jeffreysaid that the short male and the tall black male both ?pulled out a gun?. Jeffrey said, ?Everyone started to yell and some of us tried to push the males and they started ?ring the guns?. Jeffrey said that everyone began to run and take cover. Jeffrey saw Ali lying down holding his side because he had been shot. Jeffrey said that he thinks the ?little guy? shot Ali and the ?tall black guy? shotITrey. I know from the variOus classes and training that I have received that DNA can be transferred from person to person and, I also know that DNA can be transferred from person to objects such as clothing and that DNA is contained in blood, bodily ?uids and in other forms such as skin cells and hair and that hair will often transfer to clothing. I further know that DNA is unique to an individual much like a ?ngerprint. I also know from the various classes and training that I have received that it is common for those involved in the offenses of Murder, Elevated Aggravated Assault or Reckless Conduct with a Dangerous Weapon to transfer evidence including but not limited to body ?uids, hair, ?ngerprints and fibers. Such trace evidence from a victim or a suSpect should be retained for forensic examination. It is possible for such fragile transfer evidence to be easily destroyed, either intentionally or unintentionally, by normal use. I also know that careful off?site forensic examination of a computer or other electronic data storage devices by a trained examiner in a forensic laboratory, such as those maintained by the Portland Police Department and Maine State Police Computer Crimes Unit, will result in the recovery of electronic data that has been stored on the computer, even if the data was not stored intentionally, was password?protected or and often even if the computer itself has been damaged. . I also know that, because data is not actually ?erased? from the surface of a disk but ?overwritten? should the Space a file occupies eventually be needed to Af?davit of Detective Lisa Sweatt Page 4 of 7' 24. 25. 26. accommodate the storage of new data, even ?deleted? data or data orphaned throngh hard disk reformatting is recoverable, fully or in part, through forensic processing. I also know that forensic examination of electronic data stored within a computer and/or other electronic storage devices ordinarily involves making an exact duplicate ?image? of the electronic data storage device(s) hard drives, optical disks, ?oppy disks, memory cartridges, ?ash memory chips) and examining the duplicate image rather than the original storage device itself, so as not to cause any changes to the stored electronic data. I also know that forensic examination of electronic data may require the use of software and/or written materials regarding the computer equipment and software that were used to store or retrieve the data, including owner?s manuals computer reference books, guides, written notes, recorded passwords and sometimes the suspect?s computer hardware. 3 I also know that such recoverable electronic data includes Internet history (including Internet browser history, search engine history, temporary Internet ?les), electronic communications (such as email and email attachments, chat room communications, writings created on word processing software, notepads, etc.), stored data ?les and folders, graphic visual images (such as photographs, movie clips and scanned images), personal calendars or diaries, global positioning coordinates (such as GPS logs and what is commonly embedded in file headers and any other electronic data that demonstrates the identity of the person who exercised dominion or control over the computer or its contents. 27. IV. 1. Li.) I also know that it is increasingly common for individuals to hide digital information described immediately above he means of password protection or and that quali?ed forensic examiners may need to expend effort to unlock or otherwise de~scramble the information so that it can be analyzed. Place(s) or be Searched: The address of Da Block Recording located at 371 Fore St. 3rd ?oor suite 301. (also identified as 26 Market St.) The Market St. entrance is a wooden door with a window at the street level. There is a blue sign over the door that says 26 Market St. Just inside the street level door is a set of stairs that lead to the second floor. There is one door on the'second ?oor that is secured and not part of the scene. The stairs lead to the third ?oor where there is a common hall way containing multiple doors and an elevator. Suite 301 is the ?rst door on the right. Computers or recording devices located in the studio at 381 Fore St. 3rd ?oor- suite 301 (also identi?ed as 26 Market St). Af?davit of Detective Lisa Sweatt Page 5 of Preperty or article(s) to be searched for and seized: 1. Any potential weapon relevant to the offenses of Murder, Elevated Aggravated Assault and Reckless Conduct with a Dangerous Weapon to include handguns, handgun cases or boxes, receipts relative to the purchase of same, ammunition, magazines or holsters within the aforementioned location. 2. DNA evidence and other evidence relevant to the investigation of the offenses Murder, Elevated Aggravated Assault and Reckless Conduct With a Dangerous Weapon to include bloody and non?bloody clothing or blood stains, body ?uids, hair, ?ngerprints, skin cells and ?bers ?'om the interior or components of the aforementioned location. Cell phones, computers, any electronic storage devices or medium. 4. Computer records or data, whether or unprotected, whether in printed or electronic form, that are evidence of forgery, including but not limited to records of Internet use (such as Internet browser history, search engine history, temporary Internet tiles), electronic communications (such as email and email attachments, chat room communications, text message correspondence or writings created on word processing software or notepads), stored data files and folders, graphic visual images (such as photographs, movie clips and scanned images), software or programs for file sharing or peer?to-peer networks, personal calendars or diaries, GPS Location and/or cell tower connection logs cell phone call history, goo?location records, audio recordings such as stored voicemail, and any other electronic data that demonstrates the identity of the person who exercised dominion or control over the computerized or data storage device or its contents. I, Lisa Sweatt, hereby swear under oath that the information set forth in this af?davit is true and correct to the best of my knowledge, information and belief, and that I make this oath under pains and penalties of perjury. Dated: May 26, 2015 Lisa Sweatt Detective Time: f5? 5 Portland Police Department Af?davit of Detective Lisa Sweatl Page 6 of 7 State of Maine Cumberland, SS. Personally appeared before me the aboveunamed-Lisa Sweatt and made oath as to the truth of the foregoing af?davit signed by Lisa Sweatt. Signed and sworn to before me this date, May 26, 2015. Time: 3 5; may Judge, Uni?ed Crime-ail hour: I Af?davit of Detective Lisa Sweatt Page 7 of 7