Case 2:15-mj-00168-jmc Document 3 Filed 12/16/15 Page 1 of 1

AO I06 (Rev. 0411 0) Application for a Search Warrant

UNITED STATES DISTRICT COURT

for the
District of Vermont
In the Matter of the Search of
(Briefly describe the property to be searched
or identifY the person by name and address)

Park Manor Drive Lot #1 0 in Berlin, Vermont

ZO 15 DEC t S 1\JitO: 0 I

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Case No.

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APPLICATION FOR A SEARCH WARRANT

I, a federal Jaw enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that I have reason to believe that on the following person or property (identij'v the person or describe the
property to be searched and give its location):

See Attachment A

District of --~---~----y:_~~~~~-t____........._. __ , there is now concealed (identifY the

located in the
person or describe the property to be seized):

See Attachment B

The basis for the search under Fed. R. Crim. P. 41 (c) is (check one or more):
~evidence of a crime;
~contraband, fruits of crime, or other items illegally possessed;

~property designed for use, intended for use, or used in committing a crime;
0 a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section
18 U.S. C. 1951 (a)
18 U.S.C. 844(h)

Offense Description
Interference with commerce by threats or violence
Prohibiting the use of fire or an explosive to commit a felony

The application is based on these facts:

See Attached Affidavit

ff

Continued on the attached sheet.

0 Delayed notice of
days (give exact ending date if more than 30 days:
................ ) is requested
under 18 U.S.C. 31 03a, the basis of which is set forth on ::e~ s y_ _ __

.........................................

L ....
Applicant's signature

Special Agent Matthew Ekstrom, A}F__............___ _

Printed name and title

Sworn to before me and signed in my presence.

Date:

l~/16/2015

Case 2:15-mj-00168-jmc Document 3-1 Filed 12/16/15 Page 1 of 1

ATTACHMENT A
PROPERTY TO BE SEARCHED
The property physically located at Park Manor Drive Lot #10 in Berlin, Vermont, is a tan single
wide trailer that is located at the southwest corner of the intersection of Park Manor Road and
Junction Road in Berlin. Lot #I 0 is the first lot on the right as one turns onto Park Manor Road
from Junction Road. There is a gravel parking area to the side of the trailer and a small porch
that leads to the main door.

Case 2:15-mj-00168-jmc Document 3-2 Filed 12/16/15 Page 1 of 1

ATTACHMENT B
ITEMS TO BE SEIZED
1.
Any and all evidence and/or instrumentalities of violations of 18 U.S.C. 1951,
interference with commerce by threats or violence, and 18 U.S. C. 844(h), prohibiting the use of
fire or an explosive to commit any federal felony, as well as the following evidence specific to
this case:

a.
Crack, substances suspected to be controlled substances, drug processing
and packaging materials, cutting agents, and drug paraphernalia and literature;
b.
Any and all documents, records. and items of personal property relating to
the purchase, possession or distribution of controlled substances or the use of fire or explosives
to commit crime, including the following: telephones and cellular telephones, smart phones,
pagers, answering machines, caller ID boxes, ledgers, account books, receipts, log books,
address books, telephone directories, notes, maps, correspondence, customer lists and records,
suppliers' lists and records, delivery forms and records, mailing receipts, car and mailbox rental
records, storage facility rental records, telephone answer pads, records relating to domestic and
foreign travel such as tickets, passports visas, travel schedules, or correspondence;
c.
Any and all documents, records and articles of personal property
evidencing the obtaining, secreting, transfer, expenditure, and concealment of money and assets
derived from or to be used in the purchase, and distribution of controlled substances, including
the following: U.S. currency, foreign currency, jewelry, bank books, bank statements, receipts,
warranties, electronics, financial and negotiable instruments, checks, and money orders, records
of wire transfers, tax records;
d.
Any and all documents, records, and articles of personal property showing
the identity of persons occupying, possessing, residing in, owning, frequenting, or controlling the
Subject Property, including: keys, rental agreements and records, deeds, mortgages, property
acquisition records, utility and telephone bills and receipts, photographs, and storage records;
e.
Any and all passwords necessary to access the data contained within the
cellular telephones, smart phones, and other electronic items being seized; and
f.
Any and all ammunition and firearms, including handguns, pistols,
revolvers, rifles, shotguns, machine guns, silencers and other weapons.

g.
Any and all clothing, personal items or containers containing accelerants,
or the odor of accelerants, such as gasoline.
h.
Any and all clothing or personal items containing evidence of having been
in a fire, including burned clothing, clothing that has melted and bandages used to treat burns.

Case 2:15-mj-00168-jmc Document 3-3 Filed 12/16/15 Page 1 of 7

AFFIDAVIT
I, Matthew Ekstrom, being first duly sworn, hereby depose and state as follows:
1.

I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and

Explosives (A TF), and have been so employed for approximately thirteen years. In my capacity
as a Special Agent, I am familiar with the federal laws relating to federal firearms and controlled
substance violations, have been trained in the investigation of violations of said laws, and have
participated in such investigations. I know, based on my training and experience, that it is a
federal crime to interfere with commerce by threats or violence and I also know that federal law
prohibits the use of fire or explosives in the commission of a felony.
2.

I make this affidavit in support of a finding of probable cause to search Park

Manor Drive Lot #10, Berlin, Vermont, for evidence relating to violations of 18 U.S.C.
1951 (a), interference with commerce by threats or violence (Hobbs Act), and 18 U.S.C. 844(h),
prohibiting the use of fire or an explosive to commit any felony. A more detailed description of
the property to be searched is contained in Attachment A. Items to be searched for and seized
are listed in Attachment B.
3.

I am familiar with the facts and circumstances of this investigation based on my

own work on this case and fron1 conversations with other law enforcement officers and
witnesses. This af1idavit is intended to show merely that there is sufficient probable cause for
the requested warrant and does not set forth all of my knowledge about this matter.
4.

On December 14, 2015, I was asked to assist Northfield Police Department (NPD)

with a homicide investigation.

briefing.

I arrived at the Northfield Police Department and attended a

Case 2:15-mj-00168-jmc Document 3-3 Filed 12/16/15 Page 2 of 7

5.

At the NPD, I learned that on December 14, 2015, at approximately 0040 hours,

the Northfield Fire Department (NFD) and Northfield Police Department (NPD) responded to
258 Union Street in the Town of Northfield for a reported residential fire with a victim entrapped
in the building.

A NFD firefighter/EMT at the scene, Troy Seckington, reported seeing an

individual lying on the ground outside the residence. This person was later identified as Efren
Serrano.
6.

According to Seckington, Serrano had bums all over his body and Serrano told

him that his girlfriend, a person believed to be Brittany Burt, was still inside the residence.
Seckington then left Serrano and attempted to view the interior of the residence but could not
locate Burt.

Seckington went back to attend to Serrano and Serrano was transported to the

hospital. It is my understanding that Serrano is currently in critical condition. While the NFD
was fighting the fire at 258 Union Street they located an unidentified body in Apartment #2.
7.
Pete Munsell.

VSP Detective Tpr. Angela Baker later spoke with Barre Town EMS member
Munsell explained he was one of four medical personnel present during the

ambulance transport of Serrano to Central Vermont Hospital. Munsell told Det. Tpr. Baker that
during the transport to the hospital, Serrano told EMS members that three people entered his
residence and believed two of the three were female. Munsell indicated Serrano also stated,
''They lit me on fire.'' Due to the severity of Serrano's injuries he was unable to give any further
statetnents to medical personnel.
8.

VSP Detectives Mike Kamerling, Mark Potter and Todd Baxter, later spoke with

a person named Jim Wilson. Wilson lived at 258 Union Street in Northfield, in an apartment
adjacent to Serrano's apartment. Wilson told the VSP that he was watching the late night news
when he heard what he described as a bang or loud noise. Wilson then heard loud screaming,
2

Case 2:15-mj-00168-jmc Document 3-3 Filed 12/16/15 Page 3 of 7

which he later attributed to Serrano.

Wilson got up to investigate the no1se, opened his

apartment door and observed Serrano, who was on fire, exit apartment #2. Wilson said that
when Serrano opened the door of the apartment, the apartment already appeared to be fully
engulfed with flames. Wilson then went back into his residence and called 911.
9.

While at Central Vermont Hospital, Berlin Police Department Officer Chuck

Satterfield spoke with Serrano.

Officer Satterfield reported to investigators that Serrano told

medical personnel that someone broke into his apartment, poured gasoline on him and his
girlfriend and set them on fire.
10.

Later in the day on December 14, 2015, Det. Tpr. Angela Baker spoke with a

person who agreed provide information on the condition of confidentiality. This person will
hereinafter be referred to as SOL

The SOl told law enforcement that they were providing

information because it was ''the right thing to do.'' The SOl was not paid for the information and
no promises were made to the SOl concerning the information. 1
11.

The SOl told Det. Tpr. Baker the following:

a.

On December 14, 2015 at approximately 1430 hours, Richard "Dickie"

Hoisington came to her residence. SOI said that the SOl and Dickie were longtime friends and
Dickie often confided in her. Dickie asked the SOl if the SOl was aware of the fire that occurred

I have reviewed the sors criminal history and the SOl appears to have numerous
misdemeanor and felony convictions, including convictions for false information to a police
officer (misdemeanor), grand larceny (felony), false pretenses (felony) and escape (felony).
Despite the SOl's criminal history, I believe that SOl provided credible information because the
SOl's initial statement to police was later corroborated by the recorded conversation with Dickie
Hoisington and Dickie's own statement to police.
I

Case 2:15-mj-00168-jmc Document 3-3 Filed 12/16/15 Page 4 of 7

in Northfield the previous evening. Dickie then stated: "Tammy and the boys went to that house
last night to rob them."
b.

The SOl identified "the boys" as Jonathan "J" Zampieri and Howard

"Howie" Hoisington. The SOl identified Tammy as Tammy Wilder. The SOl said she knows
each of these people personally and that Dickie Hoisington is Howie Hoisington's father.
c.

The SOl explained that Dickie told her that Zampieri, Hoisington and

Wilder traveled to the residence in Northfield, located at 258 Union Street Apartment #2, with
the intention of robbing them of crack cocaine. Dickie also said: "it went too far'' and they
poured gasoline on a male at the residence.
12.

In the afternoon of December 15,2015, the SOl agreed to meet Dickie Hoisington

and to wear a wire to record the conversation with Dickie. Vermont State Police Task Force
Officer Wade Cochran outfitted the SOl with audio recording and transmission device and then
drove the SOl to a designated location in Montpelier. The SOl got out ofTFO Cochran's vehicle
and walked to meet with Dickie Hoisington. TFO Cochran is familiar with Dickie Hoisington
through past investigations and from reviewing his VT DMV photo.
13.

TFO Cochran watched as the SOl walked and met with Dickie. Ultimately, the

SOl and Dickie got into a vehicle. The SOl and Dickie proceeded to have a conversation about
the Northfield fire. During the conversation, Dickie urged the SOl to go to his sister's residence
with him but the SOl refused.

Dickie then made a call to someone named '"Diane'' (who I

believe is Dickie's sister) and put Diane on speaker phone. Dickie asked Diane if she had heard
about the Northfield fire and she said yes. Dickie then said that "Howie" was "involved" and
that "they went there to rob him ... a drug dealer, robbing him for drugs." Dickie told Diane
that _Howie was with "J Zampieri'' and

~~Ma

Tan1." Dickie later clarified and said that Ma Tam

4

Case 2:15-mj-00168-jmc Document 3-3 Filed 12/16/15 Page 5 of 7

was '"Tammy

Wilder.~~

According to

Dickie~

"'Ma Tam" had been setting these "fuckers" up so

"they" can rob them.

14.

Later in the

conversation~

Diane commented that she did not know why someone

would do something like that. Dickie responded: "'it's a fear tactic Diane .... They throw
gasoline on him and then threaten him .... " Diane then asked: "They threw gas on the guy
directly instead of on the house?" Dickie replied:
15.

"yup'~

The conversation between the SOl, Dickie and Diane ended and the SOl left the

vehicle. A short time later, the VSP stopped Dickie for driving without a license. During that
stop~

Dickie agreed to speak with law enforcement back at Montpelier PD about the Northfield

fire.
16.

At Montpelier

PD~

VSP Det. Sgt. Scott Dunlap read Dickie his Miranda rights

which he agreed to waive. Dickie told Det. Dunlap the following~ among other things:
a.
Montpelier~

His son Howie is currently as his (Dickie's)

residence~

a trailer located in

and was there yesterday. Between 1O:OOan1 and 11 :OOam, Howie told Dickie he

needed to speak with him. Howie then told Dickie said that he (Howie) and '"Tammy" and "J"
went to Northfield because Tammy needed money and they went to steal drugs.
b.

Howie told Dickie that he and J went into the apartment and J sprayed the

male in the apartment with gasoline. J then lit the lighter and everything caught on fire.
c.

Dickie said that in the past few days he could smell gasoline inside his the

house. Dickie also believes that J has blisters from the fire on his left hand.
17.

A query of the VT DMV database reveals that Dickie Hoisington resides at 427

Junction Road,

Lot#2~ Montpelier~

Vermont.

In connection with this investigation, law

Case 2:15-mj-00168-jmc Document 3-3 Filed 12/16/15 Page 6 of 7

enforcement conducting surveillance of 427 Junction Road, Lot#2 in Montpelier has also seen
Dickie Hoisington leave and return to his residence.
18.

Based on my training and

experience~

I know that cocaine, which originates from

the coca plant, and is not manufactured in Vermont. Cocaine and cocaine base that are sold in
Vermont have to be brought into the State by a variety of means including by car~ bus and train.
Based on this, I know that drug dealing is inherently an economic enterprise that affects
interstate commerce. Therefore, I believe that Howard Hoisington, John Zampieri and Tammy
Wilder affected interstate commerce when they conspired to rob Efren Serrano of drugs, and in
fact, seriously injured him.
19.

On December 15, 2015, at approximately 8:00 p.m., this Court signed a search

warrant permitting the search of 427 Junction

Road~

Lot#2 in Montpelier. Later that night, the

Vermont State Police Tactical Unit arrived at the Hoisington residence at 427 Junction Road and
tried to have Howie Hoisington exit the residence. While doing so, Hoisington attempted to run
out of the back of the trailer. The VSP arrested Hoisington and conducted a protective sweep of
the trailer. No search of the residence was conducted at that time.
20.

Around this same time, law enforcement investigators queried the Vermont E-911

system and learned that the physical address of the Hoisington residence was Park Manor Drive
Lot #10 in Berlin, Vermont. Therefore, even though Dickie Hoisington's address in VT DMV is
listed as 427 Junction Road in Montpelier, the physical location appears to be Park Manor Drive
in Berlin. According to the Vermont E-911 map, the trailer park where the Hoisington residence
is located is located in both Montpelier and in Berlin which may explain the two different
addresses.

Case 2:15-mj-00168-jmc Document 3-3 Filed 12/16/15 Page 7 of 7

Dated at Burlington, in the District of Vermont, this 16th da~.

o -.December, 2015.

;; cJ
/~-(//__
MATTHEW EKSTROM
Special Agent, A TF

Sworn to and subscribed before me this 16th day of December, 2015.