Case 3:17-mj-00009-CMK Document 1 Filed 05/16/17 Page 1 of 6

AQ21 <Rey 121931 (ciwiua! CompJajnt

UNITED STATES DISTRICT COURT

Eastern DISTRICT OF California

UNITED ST ATES OF AMERICA

v. CRIMINAL COMPLAINT
EVAN CLINTON JOSSEY &
Pl KAPPA ALPHA Case Number: 3: l I - YI'\- 0009 C 111 r:
(Name and Address of Defendant)

I, the undersigned complainant state that the following is true and correct to the best of my

knowledge and belief. On or about -- in - County, in

4/21/2017
(Date)
TEHAMA

the EASTERN District of CALIFORNIA defendant(s) did,

(Track Statutory Language of Offense)
COUNT ONE: CONSIPIRACY TO COMMIT OFFENSE OR TO DEFRAUD UNTIED STATES.

in violation of Title __3_6 United States Code, Section(s) 261.6A

I further state that I am a(n) U.S.F.S. Law Enforcement Officer and that this complaint is based on the
Official Title
following facts:
SEE ATTACHED AFFIDAVIT FOR COUNTS TWO THROUGH TIRTY FOUR.

Continued on the attached sheet and made a part of this complaint:

Printed Name of Complainant

Sworn to before me and signed in my presence,

at Redding California

k-- .
City State

Craig M. Kellison Magistrate Judge

Name of Judge Title of Judge
 Case 3:17-mj-00009-CMK Document 1 Filed 05/16/17 Page 2 of 6

AFFIDAVIT OF DARREN DICHARRY IN SUPPORT OF A

CRIMINAL COMPLAINT

"Complaint continued"
County Two: Possessing a firearm or other implement designed to discharge a missile
capable of destroying animal life in violation of Title 36 CFR, section 26 l .8(b) and
California Fish and Game Code section 10500 (b).

Counts Three through Thirty-Four: Cutting or otherwise damaging any timber, tree or
other forest product, except as authorized by a special-use authorization, timber sale
contract, or federal law or regulation in violation of Title 36 CFR, section 26 l .6(a).

I, Darren Dicharry, Law Enforcement Officer with the United States Forest
Service, being duly sworn, depose and state:

As set forth more fully below, on April 21st and 22nd, 2017, Evan Clinton Jossey
and the organization Pi Kappa Alpha committed the offenses above.
I am submitting this affidavit in support of a request that a criminal complaint be
issued for Evan Clinton Jossey and the organization Pi Kappa Alpha.

OFFICER TRAINING AND EXPERIENCE

1. I am a Law Enforcement Officer with the U.S. Forest Service and have been
employed since 2012. I am a graduate of the Federal Law Enforcement Training
Center at Glynco, Georgia and the U.S. Forest Service Field Training and
Evaluation Program. Prior to my employment with the U.S. Forest Service, I
graduated the Butte College Law Enforcement P.O.S.T Academy. I worked for
the Glenn County Sheriffs Office as a Deputy Sheriff from July of 2005 until
my employment with the Forest Service.

2. Over the past 12 years, I have conducted hundreds of investigation including but
not limited to; timber theft, resource damage, fire investigations, marijuana
cultivation, homicides, crimes against children, domestic violence and many
more. I have authored no less than 50 search warrants or criminal complaints.

3. The information contained in this affidavit is based upon my personal

observations, observations of other law enforcement officers, my review of
official police and government reports, and consultation with other agents and
officers involved in the investigation. Because this affidavit is being submitted
for the limited purpose of obtaining a criminal complaint, I have not included
 Case 3:17-mj-00009-CMK Document 1 Filed 05/16/17 Page 3 of 6

every fact known to me concerning this investigation. I have set forth only the
facts that I believe are necessary to establish probable cause.

BACKGROUND OF INVESTIGATION STATEMENT OF PROBALBE CAUSE

4. On April 28th 2017, I was contacted by Patrol Captain Adam Hill. Captain Hill
advised me that he had received a report of a vandalism at the deer creek
trailhead campsite (N40' 09.958 Wl21' 35.915) located within the Lassen
National Fore st, County of Tehama, State and Eastern District of California.
After speaking with Captain Hill, I contacted Deputy Rickey from the Tehama
County Sheriffs Office. Deputy Rickey also received the report of the
vandalism. Deputy Rickey was already en-route to take a report. I advised
Deputy Rickey that I was unavailable to respond and he agreed to take a
courtesy report for me.

5. Deputy Rickey told me that he was contacted by who reported

a vandalism at the deer creek trailhead campground. told Deputy
Rickey that while he was camping there, numerous students from Chico State
University arrived and began camping at the site. said that prior to the
majority of the students arriving, he was approached by 4 male students. One of
the students identified himself as JOSSEY, Evan DOB: to
JOSSEY told that he was the president of Pi Kappa Alpha. JOSSEY
told that they would be conducting an initiation ceremony during the
evenmg.

6. told Deputy Rickey that during the evening of 4/21/17 he heard and saw
shooting of firearms and the chopping down of trees. said when he woke
up the following morning, he saw multiple trees around the students camp area
had been chopped down. packed up his belongings and left the camp
site.

7. said he was camped approximately 200 feet from the main campsite that
Pi Kappa Alpha occupied. It should be noted that the 3 sites Pi Kappa Alpha
occupied were the 3 most westerly sites. said there were no other
campers in the campground other than himself and Pi Kappa Alpha
organization.

8. returned to the camp site on April 27th. said that when he

returned to the site there was garbage everywhere and he counted 27 freshly
chopped down trees.

9. On Monday, May l " 2017, I contacted Deputy Ricky. Deputy Ricky told me
that he had responded to Deer Creek Trail campground on April 28th. Deputy
Ricky told me that when he arrived at the campsite, numerous students were
there cleaning up the campsite. Deputy Rickey told me that some of the
subjects admitted to him as being members of Pi Kappa Alpha and that they

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attended the initiation on the weekend of April 21st.

10. Deputy Rickey interviewed subjects at the campsite. They were identified as
MATHENY, Stephen, WHIPPLE, Cole, PENROSE, William, FREER, Elliot
and BEAUDOIN, Miles. All subjects admitted to Deputy Rickey that they were
at the campground over the weekend of the initiation but denied shooting or
cutting down trees. FREER admitted to Deputy Rickey that there was an axe at
their campsite, but it was only used to cut the wood pallets. FREER told
Deputy Rickey that he had heard of previous camping trips by the fraternity
where trees had been cut down, but he did not see it occur last weekend. All the
above subjects admitted to Deputy Rickey as being members of Pi Kappa
Alpha.

11. After completing his investigation at the campground, Deputy Rickey went to
Chico State to contact JOSSEY, Evan. Deputy Rickey met with JOSSEY, Evan
and his father JOSSEY, Clinton. JOSSEY, Evan told Deputy Rickey that he
and 3 others had gotten to the campground at approximately 1400 hours on
4/21/17 ahead of the rest of the fraternity members. JOSSEY, E said other
fraternity members showed up Fridav night and also Saturday morning.
JOSSEY, E said that he had met Friday afternoon and that they had a
cordial conversation. JOSSEY, E told about their plans of the fraternity
retreat. JOSSEY, E denied cutting down any trees or shooting any firearms or
seeing any members cut down any trees or shoot firearms. JOSSEY, E denied
seeing any axe's or hatchets. JOSSEY, E also told Deputy Rickey that all
members who attended the event were logged by the fraternity secretary.

12. On May 5th, 2017 at approximately 0955 hours, I met with m

had typed up a statement for me. stated that April
21st while setting up his campsite at the Deer Creek Trailhead campground he
was approached bv 4 subjects. One of the subjects introduced himself as
JOSSEY, Evan. said that JOSSEY told him that they were going to be
conducting final stages of initiation over the weekend. noted that the
three subjects that were with JOSSEY, E had on fraternity shirts. JOSSEY, E
told hat approximately 80 people will be in attendance. A short time
later JOSSEY, E and the others left site.

13. said that he walked over to JOSSEY'S campground to offer them some
firewood. said when he got to the site and offered them the firewood,
they mentioned that they had been cutting trees down. said he noticed
approximately a dozen green trees on the ground. said he left their camp
and returned to his site. said over the next few hours he heard the sound
of chopping and observed several trees falling in the area of the JOSSEY' S
campsite. said several trees were cut prior to the main group showing
up.

14. said that he got up Saturday morning and began packing up his camp
site. said as he was leaving, he observed approximately 80 people

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sitting in 6 or 7 columns. aid he gave JOSSEY, Ea peace sign and

JOSSEY, E waived by to him.

15. On April 27th, 2017 and his friend etumed to the Deer
Creek Trailhead campsite. said when they arrived they noticed garbage
all over the campsite that JOSSEY, E and the others were at. said he
dug through the garbage and located two receipts which he turned over to me.
said he went home and sent JOSSEY, Ea message on social media to
clean up the campsite. mid he never got a response and the following
day made a report to law enforcement.

16. On May 5th, 2017 at approximately 1300 hours, Officer CALL, Tad and I drove
up to Deer Creek Trailhead campsite. Officer Call and I walked the entire
campground. I noted that there were approximately 32 fresh trees chopped
down and approximately 15 other trees that had chop marks on them that were
still standing. All trees that where fell were done so with a bladed object such
as an axe or hatchet. No trees were cut with a chainsaw. I am familiar that the
campground lies within the boundaries of the Tehama wildlife refuge and
firearms are prohibited by California Fish and Wildlife section 10500 (b). This
area is posted with a large approximately 2 foot by 3 foot sign stating firearms
are prohibited.

17. While walking the area, I located 6 items of evidence. There were as follows:
Item 1-1: a black Chico State construction program t-shirt, Item 1-2: an
approximately 12 foot piece of 1 inch by 1/8 inch camo Para cord, Iteml-3: an
unopened contact lens, Item 1-4: a black blindfold, Item 1-5: a black blind fold
and Item 1-6: a black blindfold. I also noted in the immediate vicinity were 2 of
the blindfolds were located, there was red and white candle drippings on the
ground and an approximately 24 inch DBH cedar tree cut down.

18. This Affidavit is made in support of the issuance of a Criminal Complaint

charging PI KAPP A ALPHA, on or about April 21st and 22nd , 2017, in
Tehama County, California, in the Eastern District of California with the cutting
or damaging any tree, in violation of 36 CFR 2616 A.

CONCLUSION

19. As a result of the events described above, and my training and experience, there
is probable cause to believe that PI KAPP A ALPHA, on or about April 21st
and 22nd, 2017, in Tehama County, California, did knowingly cut/damage 32
trees on National Forest Lands in violation of 36 CFR 2616 (a). Pi Kappa Alpha
conspired to cut down trees in violation of 36 CFR 2618 (b) and Pi Kappa
Alpha discharged a firearm in a state res. Therefore, I respectfully request that a
federal criminal complaint be issued for PI KAPP A ALPHA based upon this
Affidavit.

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a , Law Enforcement Officer

Forest Service

Sworn to and subscribed before

me thisJL!!' day of May 2017.

---=
United States Magistrate Judge