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Case 1:14-cr-00142-REB Document 1 Filed 03/26/14 USDC Colorado Page 1 of 1

AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT


for the District of Colorado United States of America v. ) ) ) ) ) )

Case No.

14-mj-01039-MJW

Mitchell Lee Gibson


Defendant(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief: On or about the dates of March 25 and 26, 2014, inclusive, in the county of El Paso in the State and District of Colorado, the defendant violated: Title 18, United States Code, Section 113(a)(6) Assault Resulting in Serious Bodily Injury Specifically alleged as follows:

Between and on or about March 25, 2014 through March 26, 2014, inclusive, at Fort Carson, in the State and District of Colorado, and within the special maritime and territorial jurisdiction of the United States, the defendant, Mitchell Gibson, did knowingly and intentionally assault J.G., with said assault resulting in serious bodily injury. All in violation of Title 18, United States Code, Section 113(a)(6).
This criminal complaint is based on these facts: See Affidavit attached hereto and herein incorporated by reference. X Continued on attached sheet.

s/Amber Cronan
Complainants signature

SA Amber Cronan, Federal Bureau of Investigation


Printed name and title

Sworn to before me and:

signed in my presence. X submitted, attested to, and acknowledged wledged by reliable electronic means.
Judges signature

Date: 03/26/2014 City and state: Denver, Colorado

Michael J J. Watanabe U U.S. S Magistrate Judge


Printed name and title

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AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

AFFIDAVIT

1. I, Amber K. Cronan, being duly sworn, hereby depose and say:

2. Your affiant is a Special Agent for the Federal Bureau of Investigation (FBI). Your affiant is therefore an investigative or law enforcement officer within the meaning of Section 113 (a)(6) of Title 18, United States Code, and is authorized by law to conduct investigations of and make arrests for offenses enumerated in Title 18, United States Code, Section 113. Your affiant has 5 years of law enforcement experience, including 5 years as a Special Agent with the FBI. Your affiant has the duty to investigate Assault Resulting in Serious Bodily Injury, Title 18, United States Code, Section 113.

3. Specifically, your affiant is involved in an investigation of Mitchell GIBSON, born February 1985. GIBSON is currently in custody at the El Paso Criminal Justice Center (CJC) following an investigation by the Fort Carson Police Department on Fort Carson Army Base, a Federal Reservation located in El Paso County, State of Colorado. Your affiant has reviewed the facts of the case resulting from the Fort Carson Police investigation of GIBSON. The facts are listed as follows:

4. On 25 March 2014, at about 2145 Hours (Hrs.), OFC MAILMAN, Patrol 102, while exercising his duties as a law enforcement officer in the Fort Carson district of Colorado, was dispatched by Fort Carson Police Department / Fort Carson Fire Department dispatch to 5625 D Cherbourg Circle, Fort Carson, CO 80902, a Federal Reservation, for a physical domestic quarrel in progress. OFC MAILMAN began an emergent response from 2700 Christie Street, Fort Carson, CO 80913, to the dispatched address. OFC MAILMAN arrived on Cherbourg Circle at approximately 2149 Hrs.

5. Upon OFC MAILMANs arrival, OFC CABRERA, was already on the scene speaking with the reporting party, Jacqueline Michelle GIBSON, (GIBSON J). At this point, OFC CABRERA notified Fort Carson Police Department / Fort Carson Fire Department Dispatch to
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start a medical unit to the above listed location due to the injuries OFC CABRERA observed. As OFC MAILMAN walked toward GIBSON, J. OFC MAILMAN observed substantial facial injuries from a distance of approximately 30 feet. OFC MAILMAN observed substantial facial bruising around both eyes, a laceration approximately one inch wide by two inches in length. Upon his initial contact with GIBSON, J, OFC MAILMAN asked where her husband was. GIBSON, J stated her husband, later identified as Mitchell GIBSON, (GIBSON M) was still inside the above listed quarters and was in custody of her one year old daughter.

6. GIBSON, J further stated GIBSON, M was under the influence of alcoholic beverages and numerous prescription medications, and detailed how GIBSON, M stated he was going to physically harm the child. GIBSON, J stated there were numerous edged weapons within the quarters and she had no knowledge of any other weapons. OFC MAILMAN asked GIBSON, J which residence was hers. GIBSON, J detailed the residence with the back door light on (the only residence with the stop light on) was hers.

7. At approximately 2153 Hrs. OFC CABRERA and OFC MAILMAN ran to the detailed residence. OFC MAILMAN used his fist to pound on the door to the quarters and loudly announced Fort Carson Police Department open the door now! two times with no acknowledgement from anyone inside the quarters. Due to the situation dispatched, the statements made by GIBSON, J the presence of an infant and a possible edged weapon, and the mental state of GIBSON, M, OFC MAILMAN made the decision to force entry into the quarters.

8. OFC CABRERA and OFC MAILMAN made entry. Again they announced their presence as they entered the door, and began a systematic search of the quarters for both the child and GIBSON, M. After the initial search of the quarters, it was determined GIBSON, M and the child were not in the quarters.

9. OFC CABRERA and OFC MAILMAN immediately returned to GIBSON, J in order to obtain a physical description and possible whereabouts of GIBSON, M and their child. As OFC CABRERA and OFC MAILMAN were gathering the description of GIBSON, M medical personnel arrived on scene. Approximate time was 2158 Hrs. The collected information was then transferred to Fort Carson Police Department / Fort Carson Fire Department Dispatch, and a (Post wide Gate Shutdown), and Be On the Lookout For (BOLO) was issued for GIBSON, M and the child.
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10. At approximately 2205 Hrs. Patrol Supervisor S10, OFC MORRISSEAU arrived on scene and began to search the surrounding area with OFC CABRERA. Medical personnel conducted a brief physical exam on scene and stated GIBSON, J sustained serious bodily injury in the recent past. Medical personnel further stated GIBSON, J had sustained injuries ranging from numerous bruises in various stages of healing, second degree burns from boiling water, and whip marks from an unknown item that was later identified as a coaxial cable. As OFC MAILMAN was in the back of the ambulance being briefed by medical personnel, GIBSON, M called the cell phone of GIBSON, J. GIBSON, J handed OFC MAILMAN the phone to answer. When OFC MAILMAN answered the call, OFC MAILMAN spoke with GIBSON, M who demanded to speak to GIBSON, J. OFC MAILMAN advised GIBSON, M it was in his best interest to return to the quarters. GIBSON, M then stated he had already returned to the quarters.

11. OFC MORRISSEAU and OFC MAILMAN approached the quarters where they were met by GIBSON, M at the back door. At approximately 2222 Hrs. GIBSON, M was placed under arrest for the assault of GIBSON, J. OFC CABRERRA secured the child and returned her to GIBSON, J and medical personnel. At this time, GIBSON, J and her child were transported to Memorial Hospital Emergency Room to be treated for GIBSON, Js injuries. Medical personnel from Fort Carson Fire Department evaluated GIBSON, M for any possible pre-existing medical conditions, and / or any injuries which he may have sustained during the arrest.

12. After the on-scene medical evaluation by Fort Carson Fire Department on GIBSON, M, OFC MAILMAN placed GIBSON, M in OFC MAILMANs patrol vehicle (S277) and activated the in-vehicle recording device to document the transport. OFC MAILMAN began transport from Cherbourg Circle at 2247 Hrs. and ended the transport at Fort Carson Police Department at 2257 Hrs. Custody was then transferred to Military Police Investigations Detective WILLIAMS and Officer NAPOLITANI. 13. At 2341 hrs Gibson, M was advised of his legal rights by OFC Napolitani, which he invoked and the interview was terminated. CHIEF CROZIER, M authorized GIBSON, M to be placed in the detention cell pending the initial investigation. OFC NAPOLITANI and DET WILLIAMS traveled to the Memorial Hospital Emergency Room to meet with GIBSON, J. Once they arrived in the Emergency Room they meet with Nurse FUDGE who was the nurse over seeing GIBSON, J. She explained that the Forensic Examiner was in talking with GIBSON, J.

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14. Once the interview was completed DET WILLLIAMS and OFC NAPOLITANI entered the room and noticed the visible injuries on GIBSON, Js face, arms, chest and legs. The injuries that they witnessed were two black eyes, scratches and bruises on the face arms and chest, and shoulders, Redness on her right forearm near the wrist and her right leg which also had two open blisters. While in the room, more marks became visual on her body to include a bite mark on the back of her neck several bruises on her entire upper body, torso, hips and legs.

15. DET WILLIAMS and OFC NAPOLITANI then transported GIBSON, J to her quarters to be interviewed and photographed. Once at the quarters DET WILLIAMS started taking pictures of the inside of the quarters starting in the upstairs bedroom ending kitchen area. The damage that was found was in the kitchen where the back door was located.

16. At the same time OFC NAPOLITANI began a sworn statement with GIBSON, J. Following the sworn statement and the revelation that GIBSON, M. was a civilian Fort Carson Police notified the FBI. Your affiant was notified and on March 26, 2014 your affiant and FBI SA Jon Wayne Cronan interviewed GIBSON, J. at the Fort Carson Police Department. GIBSON, J. stated that the physical and verbal abuse started when the couple was dating and continued throughout their marriage. GIBSON, J. and GIBSON, M. have been married for four years. GIBSON, J. has suffered a broken jaw, a broken arm, been whipped with objects, been struck in the head, choked, and beaten unconscious on multiple occasions in the past four years. GIBSON, J. has not reported the abuse to law enforcement in the past but had sought medical treatment on multiple occasions.

17. On 22 March 2014 GIBSON, J. and GIBSON, M. were involved in an altercation. She stated that he whipped her repeatedly with a coaxial cable that he had been beating her with for about a month (on some days he makes her retrieve the cable herself and hand it to him for her beating). He struck her with the cable on her buttocks, chest and groin area. He also choked her several times, where she lost consciousness for periods of time, urinating on her when she was unconscious. While unconscious, at some time he bit the back of her neck and left ear. When she was unconscious she was brought back to consciousness from him pouring boiling water on her stomach, groin, genitals and leg. He told her he did this to revive her. The assault came to a stopping point for that night. On 25 March 2014, around 2030 he began to choke her for an unknown reason and was threatening to kill her. She attempted to run out of the house. He caught her and threw her to the ground. She was able to open the door and screamed out for help. He began choking her again until she lost consciousness. When she regained consciousness he
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was kicking her (she is currently 9 weeks pregnant). When she awoke he had a steak knife to her throat. She begged him to stop, which he did.

18. When she had a chance to leave the house she did so but left her daughter in the house with her husband. He then called her cell phone stating that she was being selfish by leaving without her daughter and that he was going to hurt their daughter. She begged him not to hurt the child. She could hear the child screaming in the background. He then stated that he was going to cut off the finger tips of the child and draw her blood with a knife. At this time she called 911.

19. The Military Police (MPs) arrived and broke into the house attempting to locate her husband and daughter. When they could not find him in the house they came back to her in order to get more information on him and the child. Her husband later (approximately 15-20 minutes later) called her cell phone and spoke with OFC MORRISSEAU who stated that he needed to talk to him and that he should come back to the house, which he did and was apprehended. She also made a statement regarding an incident that occurred on 22 March 2014 where he made her sleep in the outside shed without shoes, jacket or blanket.

20. DET WILLIAMS and OFC NAPOLITANI then photographed her injuries with and without a measuring tape. Evidence was collected by DET WILLIAMS that belonged to GIBSON, M. The items that were collected were Tetrahydrocannabinol patches, the coaxial cable and a green leafy substance that was later tested by DET WILLIAMS and field tested positive for the active ingredient Tetrahydrocannabinol.

21. Based on the facts set forth in this affidavit, your affiant submits that probable cause exists that Mitchell GIBSON has with the intent to injure his spouse committed a crime of violence against his spouse (GIBSON J) and the act resulted in serious bodily injury to his spouse and is in violate of the offense of Assault Resulting in Serious Bodily Injury, in violation of Title 18, United States Code, Section 113 (a)(6). Therefore, your affiant respectfully requests that an arrest warrant be issued for Mitchell GIBSON for the violation listed above.

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I, Amber K. Cronan, being duly sworn according to law, depose and say that the facts stated in the foregoing affidavit are true and correct to the best of my knowledge, information and belief.

s/Amber K. Cronan AMBER K. CRONAN Special Agent, FBI

Sworn to and subscribed before me this 26 day of March, 2014

__________________ _________________ _ ___ __

_________________

UNITED STATES MAGISTRATE JUDGE DISTRICT OF COLORADO

Michael J. Watanabe

Affidavit reviewed and submitted by Greg Holloway, Assistant United States Attorney

Case 1:14-cr-00142-REB Document 1-2 Filed 03/26/14 USDC Colorado Page 1 of 1

DEFENDANT: Mitchell Gibson

YOB:

1985

ADDRESS (CITY/STATE):

Fort Carson. CO 80902

OFFENSE(S): Title 18, United States Code, Section 113(a)(6)

Assault Resulting in Serious Bodily

Injury

LOCATION OF OFFENSE (COUNTY/STATE): El Paso County, Colorado

PENALTY: NMT l0 years imprisonment, $250,000 fine, or both; NMT 3 years supervised release;
$100 Special Assessment; and restitution

AGENT: Amber K. Cronan AUTHORIZED

BY:

Greg Holloway Assistant U.S. Attornev

ESTIMATED TIME OF TRIAL: five days or

less

over five

days _

other

THE COVERNMENT

will

seek detention in this

case

will not

seek detention in this case

The statutory presumption of detention is applicable to this defendant. (Circle one)

OCDETF

CASE:

Yes

No