Documents
Derek J. Hill Affidavit
Sep. 29, 2017
Case Document 1-1 Filed 01/23/17 Page 1 of 7
AFFIDAVIT
I, Derek J. Hill being duly sworn, hereby depose and say:
I. INTRODUCTION
1. This affidavit provides a background into the
investigation of Michael MARKUS, a.k.a. ?Rattler.? All of the facts stated
herein are based upon my personal knowledge and the knowledge gained
from other law enforcement agents involved in this investigation.
II. CRIMINAL VIOLATIONS
2. This affidavit is made in support of a request for the issuance
of an arrest warrant for Michael MARKUS, a.k.a. ?Rattler?: Title 18,
United States Code, Chapter 1, Section 2 (Principals Aid and Abet);
Title 18, United States Code, Chapter 40, Section 844(h), Use of Fire to
Commit Any Felony; and Title 18, United States Code, Chapter 12,
Section 23 1, Civil Disorder.
EXPERIENCE AND TRAINING
3. I am employed as a Special Agent Certified Fire Investigator
with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and
have been employed in that capacity since September 2001. As part of
my duties, I am responsible for investigating federal criminal violations of
Title 18 of the United States Code, including violations of Chapter 40. I
have been employed as a law enforcement officer since 1997 and have
previously worked for the North Dakota Bureau of Criminal Investigation.
Case Document 1-1 Filed 01/23/17 Page 1 of 7
AFFIDAVIT
I, Derek J. Hill being duly sworn, hereby depose and say:
I. INTRODUCTION
1. This affidavit provides a background into the
investigation of Michael MARKUS, a.k.a. ?Rattler.? All of the facts stated
herein are based upon my personal knowledge and the knowledge gained
from other law enforcement agents involved in this investigation.
II. CRIMINAL VIOLATIONS
2. This affidavit is made in support of a request for the issuance
of an arrest warrant for Michael MARKUS, a.k.a. ?Rattler?: Title 18,
United States Code, Chapter 1, Section 2 (Principals Aid and Abet);
Title 18, United States Code, Chapter 40, Section 844(h), Use of Fire to
Commit Any Felony; and Title 18, United States Code, Chapter 12,
Section 23 1, Civil Disorder.
EXPERIENCE AND TRAINING
3. I am employed as a Special Agent Certified Fire Investigator
with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and
have been employed in that capacity since September 2001. As part of
my duties, I am responsible for investigating federal criminal violations of
Title 18 of the United States Code, including violations of Chapter 40. I
have been employed as a law enforcement officer since 1997 and have
previously worked for the North Dakota Bureau of Criminal Investigation.
Case Document 1-1 Filed 01/23/17 Page 2 of 7
4. I have investigated this case with agents from the North
Dakota Bureau of Criminal Investigation and the Morton County Sheriff?s
Department.
5. I have spoken to other agents, law enforcement officials, and
other interested individuals about this investigation, and have read
reports concerning the progress of the investigation. The statements
contained in this affidavit are based on information that has been
provided to me directly or indirectly by other law enforcement officers
and agents, and law enforcement data. The information and conclusions
expressed are also based upon my own experience and training as a law
enforcement officer, and my personal involvement and knowledge gained
during the course of this investigation.
6. I have not stated each and every fact known to myself and
other investigators involved in this investigation, but have described
those significant facts related to Michael MARKUS, a.k.a. ?Rattler.?
IV. DAKOTA ACCESS PIPELINE (DAPL)
History of the DAPL
7. The Dakota Access Pipeline (DAPL) is a 1, 172 mile-long
underground oil pipeline project in the United States. The route of the
pipeline begins in the Bakken oil fields in northwest North Dakota and
travels to an oil tank farm located near Patoka, Illinois.
8. In April 2016, a camp was established on the Standing Rock
Indian Reservation, as a location for individuals to gather and protest the
pipeline. This camp quickly grew in size and expanded to areas to the
north of the Standing Rock Indian Reservation on land owned by the US.
Army Corps of Engineers.
Case Document 1-1 Filed 01/23/17 Page 2 of 7
4. I have investigated this case with agents from the North
Dakota Bureau of Criminal Investigation and the Morton County Sheriff?s
Department.
5. I have spoken to other agents, law enforcement officials, and
other interested individuals about this investigation, and have read
reports concerning the progress of the investigation. The statements
contained in this affidavit are based on information that has been
provided to me directly or indirectly by other law enforcement officers
and agents, and law enforcement data. The information and conclusions
expressed are also based upon my own experience and training as a law
enforcement officer, and my personal involvement and knowledge gained
during the course of this investigation.
6. I have not stated each and every fact known to myself and
other investigators involved in this investigation, but have described
those significant facts related to Michael MARKUS, a.k.a. ?Rattler.?
IV. DAKOTA ACCESS PIPELINE (DAPL)
History of the DAPL
7. The Dakota Access Pipeline (DAPL) is a 1, 172 mile-long
underground oil pipeline project in the United States. The route of the
pipeline begins in the Bakken oil fields in northwest North Dakota and
travels to an oil tank farm located near Patoka, Illinois.
8. In April 2016, a camp was established on the Standing Rock
Indian Reservation, as a location for individuals to gather and protest the
pipeline. This camp quickly grew in size and expanded to areas to the
north of the Standing Rock Indian Reservation on land owned by the US.
Army Corps of Engineers.
Case Document 1-1 Filed 01/23/17 Page 3 of 7
A. Cannon Ball Ranch
9. In September 2016, the Dakota Access Pipeline purchased
the Cannon Ball located in southern Morton County. The Cannon Ball
Ranch is a roughly 9,000?acre ranch that is located north of the
Standing Rock Indian Reservation. Of significance to the Dakota Access
Pipeline, the Cannon Ball Ranch land is where the pipeline construction
will cross and the drill pad will be set up in preparation for the pipeline
crossing under the Missouri River.
10. As the construction of the pipeline neared the Cannon Ball
Ranch, protesters illegally set up another camp on the land owned by the
Dakota Access Pipeline and in the ditches directly adjacent to Highway
1806. Protesters were informed that their camp was illegal and they
were trespassing by being on the land. The presence of this particular
camp caused the construction of the pipeline to be delayed as the
pipeline could not continue to safely operate in the area occupied by the
protesters. Additionally, with winter approaching, the camps within the
Highway 1806 ditches were a public safety concern.
V. OCTOBER 27, 2016 LAW ENFORCEMENT OPERATION
A. Law Enforcement Operation
1 1. On October 27, 2016, law enforcement from various
agencies, from both inside and outside of North Dakota, determined that
for public safety they needed to remove the individuals who had
unlawfully set up camp on the private land owned by DAPL on the east
side of Highway 1806, where the pipeline was supposed to be laid, and
Case Document 1-1 Filed 01/23/17 Page 3 of 7
A. Cannon Ball Ranch
9. In September 2016, the Dakota Access Pipeline purchased
the Cannon Ball located in southern Morton County. The Cannon Ball
Ranch is a roughly 9,000?acre ranch that is located north of the
Standing Rock Indian Reservation. Of significance to the Dakota Access
Pipeline, the Cannon Ball Ranch land is where the pipeline construction
will cross and the drill pad will be set up in preparation for the pipeline
crossing under the Missouri River.
10. As the construction of the pipeline neared the Cannon Ball
Ranch, protesters illegally set up another camp on the land owned by the
Dakota Access Pipeline and in the ditches directly adjacent to Highway
1806. Protesters were informed that their camp was illegal and they
were trespassing by being on the land. The presence of this particular
camp caused the construction of the pipeline to be delayed as the
pipeline could not continue to safely operate in the area occupied by the
protesters. Additionally, with winter approaching, the camps within the
Highway 1806 ditches were a public safety concern.
V. OCTOBER 27, 2016 LAW ENFORCEMENT OPERATION
A. Law Enforcement Operation
1 1. On October 27, 2016, law enforcement from various
agencies, from both inside and outside of North Dakota, determined that
for public safety they needed to remove the individuals who had
unlawfully set up camp on the private land owned by DAPL on the east
side of Highway 1806, where the pipeline was supposed to be laid, and
Case Document 1-1 Filed 01/23/17 Page 4 of 7
the camp sites that were situated in the ditches. The plan called for law
enforcement to travel south down Highway 1806 and order the protesters
off of the land. The protesters were told to move their camp to the south
where they were being allowed to protest on US. Army Corps of
Engineers land. While one team of law enforcement was going to travel
south down Highway 1806, another team of law enforcement was going
to approach Highway 1806 from the west on County Road 134.
B. County Road 134 Fires
12. A bridge was located on County Road 134 approximately 1
mile west of the intersection of Highway 1806. Protesters had set up
tents on the bridge and had also erected several rows of barricades on
the west side of the bridge. These barricades initially consisted of
stacked logs, fallen trees, tires and other miscellaneous items.
13. On the afternoon of October 27, 2016, law enforcement began
to approach the County Road 134 Bridge. As law enforcement
approached the bridge, individuals at the bridge were notified by other
protesters that law enforcement was approaching. At this point, several
protesters made their way to the County Road 134 Bridge and began to
pour gasoline on the barricades. Approximately three (3) barricades were
constructed on the west side of the bridge. The barricades were set on
fire and these fires resulted in law enforcement having to stop their
forward movement. The fires that were set resulted in a significant delay
to law enforcement and prohibited the law enforcement group from
meeting up with and assisting the law enforcement officers that were
moving south down Highway 1806. Law enforcement had to wait for the
Case Document 1-1 Filed 01/23/17 Page 4 of 7
the camp sites that were situated in the ditches. The plan called for law
enforcement to travel south down Highway 1806 and order the protesters
off of the land. The protesters were told to move their camp to the south
where they were being allowed to protest on US. Army Corps of
Engineers land. While one team of law enforcement was going to travel
south down Highway 1806, another team of law enforcement was going
to approach Highway 1806 from the west on County Road 134.
B. County Road 134 Fires
12. A bridge was located on County Road 134 approximately 1
mile west of the intersection of Highway 1806. Protesters had set up
tents on the bridge and had also erected several rows of barricades on
the west side of the bridge. These barricades initially consisted of
stacked logs, fallen trees, tires and other miscellaneous items.
13. On the afternoon of October 27, 2016, law enforcement began
to approach the County Road 134 Bridge. As law enforcement
approached the bridge, individuals at the bridge were notified by other
protesters that law enforcement was approaching. At this point, several
protesters made their way to the County Road 134 Bridge and began to
pour gasoline on the barricades. Approximately three (3) barricades were
constructed on the west side of the bridge. The barricades were set on
fire and these fires resulted in law enforcement having to stop their
forward movement. The fires that were set resulted in a significant delay
to law enforcement and prohibited the law enforcement group from
meeting up with and assisting the law enforcement officers that were
moving south down Highway 1806. Law enforcement had to wait for the
Case Document 1-1 Filed 01/23/17 Page 5 of 7
fires to be suppressed by firefighters and then had to wait for heavy
equipment to clear the roadway.
C. DAPL Aerial Photos
14. While law enforcement was conducting their operation, a
helicopter that was being utilized by the Dakota Access Pipeline was
monitoring the situation from the air. A passenger in the helicopter was
utilizing a digital camera to document the operation and these digital
photos were provided to law enforcement. I received a copy of these
photos and reviewed them in an attempt to identify any individuals
responsible for starting the fires or participating in the civil disorder that
occurred at the bridge.
15. Upon reviewing the digital photos, I was able to identify
several individuals pouring what is believed to be gasoline on the
barricades that had been erected on the west side of the County Road
134 Bridge. One of the individuals was seen getting out of a silver
colored van, approach the barricades and pour gasoline on the
barricades. The same individual also attempted to pour gasoline
between the barricades in an attempt to connect the piles that were set
up as barricades.
16. Based on the photographs, law enforcement was able to
identify the silver van as being registered to Michael MARKUS. After
obtaining identity, law enforcement was able to compare a
photos of MARKUS on social media with the aerial photos and a positive
identification was made.
Case Document 1-1 Filed 01/23/17 Page 5 of 7
fires to be suppressed by firefighters and then had to wait for heavy
equipment to clear the roadway.
C. DAPL Aerial Photos
14. While law enforcement was conducting their operation, a
helicopter that was being utilized by the Dakota Access Pipeline was
monitoring the situation from the air. A passenger in the helicopter was
utilizing a digital camera to document the operation and these digital
photos were provided to law enforcement. I received a copy of these
photos and reviewed them in an attempt to identify any individuals
responsible for starting the fires or participating in the civil disorder that
occurred at the bridge.
15. Upon reviewing the digital photos, I was able to identify
several individuals pouring what is believed to be gasoline on the
barricades that had been erected on the west side of the County Road
134 Bridge. One of the individuals was seen getting out of a silver
colored van, approach the barricades and pour gasoline on the
barricades. The same individual also attempted to pour gasoline
between the barricades in an attempt to connect the piles that were set
up as barricades.
16. Based on the photographs, law enforcement was able to
identify the silver van as being registered to Michael MARKUS. After
obtaining identity, law enforcement was able to compare a
photos of MARKUS on social media with the aerial photos and a positive
identification was made.
Case Document 1-1 Filed 01/23/17 Page 6 of 7
D. Michael MARKUS Interview
17. On January 12, 2017, Michael MARKUS was incarcerated in
the Morton County Jail, North Dakota on a charge of criminal trespass.
Myself and a Morton County Deputy met with MARKUS in the jail and
conducted an interview of MARKUS. During the interview, MARKUS
admitted to pouring the gasoline on the barricades and pouring gasoline
in an attempt to connect the barricades once they were ignited.
MARKUS denied being the individual who actually started the fire but
added that the reason they started the fires was to ?slow law enforcement
down.? MARKUS was shown photos of other individuals caught on
digital photos pouring gasoline on the barricades and setting the
barricades on fire and acknowledged being there when this occurred.
VI. CONCLUSION
14. Based on my training and experience with various criminal
investigations, my participation in this investigation, and the facts set
forth in this Affidavit, I believe as it pertains to Michael MARKUS, a.k.a.
?Rattler? that Violations of Title 18, United States Code, Chapter 1,
Section 2 (Principals Aid and Abet); Title 18, United States Code,
Chapter 40, Section 844(h), Use of Fire to Commit Any Felony; and Title
18, United States Code, Chapter 12, Section 231, Civil Disorder have
occurred and I formally request the issuance of an arrest warrant
authorizing agents to arrest Michael MARKUS, a.k.a. ?Rattler.?
Case Document 1-1 Filed 01/23/17 Page 6 of 7
D. Michael MARKUS Interview
17. On January 12, 2017, Michael MARKUS was incarcerated in
the Morton County Jail, North Dakota on a charge of criminal trespass.
Myself and a Morton County Deputy met with MARKUS in the jail and
conducted an interview of MARKUS. During the interview, MARKUS
admitted to pouring the gasoline on the barricades and pouring gasoline
in an attempt to connect the barricades once they were ignited.
MARKUS denied being the individual who actually started the fire but
added that the reason they started the fires was to ?slow law enforcement
down.? MARKUS was shown photos of other individuals caught on
digital photos pouring gasoline on the barricades and setting the
barricades on fire and acknowledged being there when this occurred.
VI. CONCLUSION
14. Based on my training and experience with various criminal
investigations, my participation in this investigation, and the facts set
forth in this Affidavit, I believe as it pertains to Michael MARKUS, a.k.a.
?Rattler? that Violations of Title 18, United States Code, Chapter 1,
Section 2 (Principals Aid and Abet); Title 18, United States Code,
Chapter 40, Section 844(h), Use of Fire to Commit Any Felony; and Title
18, United States Code, Chapter 12, Section 231, Civil Disorder have
occurred and I formally request the issuance of an arrest warrant
authorizing agents to arrest Michael MARKUS, a.k.a. ?Rattler.?
Case Document 1-1 Filed 01/23/17 Page 7 of 7
Further your affiant
Derek J. Hi1
Special Agent Wit ATF
SUBSCRIBED and SWORN to before me this 23rd day of January,
2017, in Bismarck, North Dakota.
Charles S. Miller, \Jr.
United State Magistrate Judge
Case Document 1-1 Filed 01/23/17 Page 7 of 7
Further your affiant
Derek J. Hi1
Special Agent Wit ATF
SUBSCRIBED and SWORN to before me this 23rd day of January,
2017, in Bismarck, North Dakota.
Charles S. Miller, \Jr.
United State Magistrate Judge