AFFIDAVIT OF STEWART WATERHOUSE Steward D. Waterhouse! P.O. Box 700325! Kapolei, Hawaii 96709! (808) 233-8103! ! Grand Jury Action! [email protected]! ! ! STATE OF HAWAII!!)!! !!!!!)!SS:! HONOLULU COUNTY!)!! ! ! AFFIDAVIT OF STEWART WATERHOUSE! ! !I, Stewart Waterhouse, having been first duly sworn, do hereby depose and state as follows:! Introduction and My Background! ! 1. I am Stewart D. Waterhouse, born May 13, 1958, and am of sound mind. This Affidavit is submitted in support of a Criminal Complaint, regarding violation of 18 USC §241 and §242 and/or in the alternative 18 USC §2, relating to events of a Stop and subsequent fatal Road Block on Hwy 395 in Harney county, Oregon on January 26, 2016. This Affidavit is a written sworn statement of the essential facts constituting the offense(s) alleged, with recommendation it be referred to a Federal Grand Jury in and for the District of Oregon1. 1 FRCrP rule 6(a)(1) “When the public interest so requires, the court must order that one or more grand juries be summoned.” page "1 of "28 AFFIDAVIT OF STEWART WATERHOUSE 2. This Criminal Complaint and supporting Affidavit is made pursuant to the United States Constitution, First Amendment, within the penumbra2 of the Right to Petition for Redress of Grievance. When the grievance is a crime, the appropriate recipient of petition should be a Grand Jury. In this instant case, the “Bundy group,” had their First and Fourth Amendment Rights conspired against and were in fact deprived of same. Resulting in the death of one of them and the planting of a gun in the victim’s pocket in attempt to justify unlawful actions.! ! 3. I am not a “sovereign citizen” nor do I share such ideology. ! ! 4. I previously did not personally know and have never met LaVoy Finicum, Cliven Bundy, Ryan Bundy, Ammon Bundy, Shawna Cox, Victoria Sharp, Ryan Payne, Jon Ritzheimer, Joseph O’Shaughnessy, Brian Cavalier and Peter Santilli. (I was previously on a Bundy bulk email list).! ! 5. The fact(s) I here set forth are based on my personal knowledge and knowledge obtained from other individuals, including but not limited to, sixteen (16) people (names withheld to protect them from retaliation) who assisted me in this investigation. I did not previously know any of these people outside of our investigation. We came together spontaneously for the purpose, under the group name “Grand Jury Action” (previously, aka Action at Law for Grand Jury Access). ! 2 First substantially recognized in the Magna Carta article 61, the Petition for Redress of Grievance was in fact a guarantee preventing rebellion. A civilized society’s alternative to settling scores, instead of resorting to justice by violence. Somewhere within the penumbra of the right to Petition for Redress of Grievance- must be access to the grand jury. For if reserved exclusively to the oligarchy, would disenfranchise a significant segment of citizenry. page "2 of "28 AFFIDAVIT OF STEWART WATERHOUSE 6. We have electronically collected three thousand (3,000) signatures in support of our request for a Grand Jury Investigation. See attached Exhibit “B”.! ! 7. My personal knowledge, from which I base facts and conclusions herein, including, but not limited to, the following:! ! 8. I am generally familiar with Oregon’s geo-political history, as I have in the past lived in Oregon and have three grandparents buried in Eastern Oregon. ! ! 9. I viewed live the FBI’s post Finicum shooting Press Conference3 and the OSP Investigation Press Conference (March 8)4. I viewed the “Complete, Unedited Video of Joint FBI and OSP Operation 01/26/2016”5 including blowing up particular frames to view and/or extract information and detail. ! ! 10. Likewise I viewed the video6 taken by Shawna Cox from inside the vehicle, including blowing up particular frames to view and/or extract information and detail. I further also viewed Shawna Cox’s statement(s)7 made immediately after the fatal event. I also viewed video and audio statement(s) made by Victoria Sharp.8! ! 3 by Gregory Bretzing 4 https://youtu.be/iXt8O7LCmao 5 https://youtu.be/aAGxDWKrjPQ 6 https://youtu.be/eEswP_HSFV4 7 Phone audio interview. Later also https://youtu.be/uDednOsEx7w 8 https://youtu.be/eIjNXiHNyi0 page "3 of "28 AFFIDAVIT OF STEWART WATERHOUSE 11. I also viewed Ryan Bundy’s cell phone video(s). I further viewed a cell phone video of a bystander who happened to drive up on the Road Block from the opposite side.! ! 12. I read 610 pages of released “Emails From Oregon Governor’s Office Re Malheur Refuge Takeover.”9! ! 13. I read 660 pages of “Tri-County Major Incident Team Released Reports (Redacted), Officer Involved Shooting January 26, 2016 Robert LaVoy Finicum”10 which included official statements by the OSP shooters and others.! ! 14. I note that the statements made by the OSP shooters were made after they viewed11 the FBI’s aerial video and Shawna Cox’s video, thus their recollection may be in part not real memory of the incident, but influenced by their interpretation of the video(s) (this is a violation of Oregon police policy and best practice12).! ! 15. I read the official “Finicum Autopsy Report”13.! ! 9 https://www.scribd.com/doc/302031664/3-3-16-Emails-From-Oregon-Governor-s-Office-Re-Malheur-Refuge- Takeover 10 https://www.scribd.com/doc/303735818/1-26-16-Robert-Lavoy-Finicum-Tri-County-Major-Incident-Team-Released- Reports-Redacted 11 Redacted, 3/9/2016 - Page 64 12 Example: “involved officers will not be allowed to review video tapes of, or relating to, the incident prior to making a formal statement” UO PD (officer Involved Shooting) 310.4(e), and again, “The officer will not be allowed to view video recordings of, or related to, the incident until after a statement has been made” 310.6(c)4 13 https://www.scribd.com/doc/303515989/Lavoy-Finicum-Autopsy-Report page "4 of "28 AFFIDAVIT OF STEWART WATERHOUSE 16. I researched various scientific papers for the incapacitation time it takes from when a person is shot until he/she collapses. See attached Exhibit “C” The Strasbourg Tests14. ! ! 17. I read FBI Agent Katherine Armstrong’s Affidavit dated Jan 26, 201615.! ! 18. I spoke over the phone with LaVoy’s widow, Jeanette Finicum.! ! 19. I physically examined the inside pocket of a Levi jacket similar to the one LaVoy was wearing.! ! 20. I attempted, several times to contact Mark McConnell to ask him if his rights were violated by the FBI or OSP. Mr. McConnell failed to respond. His failure to respond is the reason he is not otherwise mentioned by me in this Affidavit or supporting documents. I did watch Mr. McConnell’s video version of what happened.! ! 21. I sent questions to over seventy eight (78) FBI personnel in Oregon and/or FBI HRT (swat) persons, including, but not limited to, the FBI persons involved. Communications were by email and phone text messaging. See attached Exhibit “A”, including a way for FBI whistle-blowers to communicate with me anonymously using anonymous tools16.! 14 The Marshall and Sanow data also support this conclusion. 15 https://www.scribd.com/doc/296892228/Criminal-complaint-against-Ammon-Bundy-and-other-armed-protesters 16 provided by anonymousspeech.com page "5 of "28 AFFIDAVIT OF STEWART WATERHOUSE 22. This affidavit does not include all the information I, or, we (Grand Jury Action, our committee of 16), have learned in our investigation(s). I have included what I believe to be sufficient to create a legal presumption as to the facts and conclusions of this Affidavit, which I believe to be sufficient to establish probable cause for the Criminal Complaint, and/or referral to a Federal Grand Jury.! ! ! Unresolved Questions! ! 23. The Tri-County Major Incident Team, Officer Involved Shooting Investigation, alleges that the FBI tampered with evidence by removing spent rifle cartridges from the scene and lied to investigators about FBI shooting involvement. We DID NOT DEAL WITH THIS in our investigation as that is already under investigation and we wish not to be duplicative. ! ! 24. Did the OSP shooter(s) have an alcoholic drink which lowered inhibition (or other drugs), prior to shooting? We note that the officer (shooter) refused both a urine and blood test to determine this17.! ! 25. OSP #1 shooter’s statement has been altered18. Who, after the statement was made, but prior to release, changed the shooter’s statement where he describes his shooting of LaVoy, and what did the original statement say?! 17 Redacted 3/9/2016 page 8 18 Redacted page 105 paragraph 2 was altered. page "6 of "28 AFFIDAVIT OF STEWART WATERHOUSE 26. Who was in the Command Center, in control of the Stop and Road Block with Greg Bretzing and Sheriff Dave Ward? Was Billy Williams present? Who gave the order authorizing shooting, or was it a standing shoot at will order?! ! 27. LaVoy Finicum had a cell phone in his left hand upon exiting his vehicle. Where is Mr. Finicum’s cell phone video recording? Shawna Cox’s video clearly shows a cell phone in Mr. Finicum’s left hand. His cell phone was recovered from the snow next to where he fell19 and died, and its content extracted20.! ! ! Investigation! ! 28. The Bundy group (Constitutional Activists), occupied the Malheur Refuge thinking that the Federal Government would have to take Civil Action to evict them, thus giving their issues national attention. ! ! 29. Instead they were viewed as outside agitators coming in trying to tell Oregonians how to handle their Rancher Problem, [i.e. re the Hammonds].! ! 30. As Georgia Marshall said “not going to let the out-of-towners at the refuge be the face of area ranchers.”21! ! 19 Redacted 3/9/2016 page 123 “D” 20 Redacted 3/9/2016 page 128 21 Phil Taylor, E&E reporter Jan 13, 2016 page "7 of "28 AFFIDAVIT OF STEWART WATERHOUSE 31.