AFFIDAVIT

I, Matthew Ekstrom, having been duly sworn, state that I am a Special Agent with the

Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF), and have been so employed for

approximately 12 years. I am familiar with federal laws relating to firearms and controlled

substance violations, and have training and experience in investigating these laws.

1. This affidavit is submitted to show probable cause to believe that Tyler KINNEY has

committed the offenses of knowingly possessing and disposing of a stolen firearm, in violation of

18 U.S.C. § 922G), and knowingly and intentionally distributing a controlled substance, in

violation of21 U.S.C. § 841(a).

2. The information contained within this affidavit is based upon my training, experience,

and investigation, as well as information conveyed to me by other law enforcement officers. The

following is either known to me personally or has been related to me by persons having direct

knowledge of the events described, including other law enforcement officers involved in this

investigation. Since this affidavit is submitted to set forth probable cause, I have not included

each and every fact known to me concerning the investigation.

3. On November 10, 2014, at approximately 6:00AM, the Burlington, Vermont Police

Department ("BPD") executed a State search warrant at the residence of Peter Burnett, on North

A venue in Burlington, Vermont. During the execution of this search warrant, BPD recovered a

Smith and Wesson .38 caliber Airweight revolver, serial number DCE9574. That firearm was

manufactured outside the State of Vermont.

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4. At approximately 9:30AM on November 10, 2014, I interviewed Burnett at the

Burlington, Vermont Police Department with a BPD Detective. I read him a Miranda advice of

rights and waiver form, which he signed and stated that he understood.

5. Burnett stated that he received the Smith and Wesson .38 caliber revolver from

Colchester, Vermont Police Department ("CPD") Detective Tyler KINNEY. Burnett said that he

met KINNEY approximately a year ago, after being arrested by CPD. Burnett stated that the two

men developed a friendship, which evolved into them using heroin together. Burnett had

obtained heroin for both himself and KINNEY to use. Also, Burnett said, KINNEY obtained

heroin for both of them to use. KINNEY told him that KINNEY had access to the CPD evidence

vault, and removed items, including heroin, for their mutual use. Burnett stated that

approximately a week or two ago, KINNEY provided him with the Smith and Wesson .3 8 caliber

revolver that he understood KINNEY had taken from CPD evidence, to use for Burnett's

protection. At the same time, Burnett stated that KINNEY gave him heroin. Burnett said that

KINNEY described the heroin as pure heroin used to train police canines, which KINNEY said

KINNEY had obtained from the CPD evidence vault. At about this time, KINNEY discussed

with Burnett the possibility of Burnett selling methamphetamine provided by KINNEY in order to

obtain heroin.

6. Burnett gave consent to search his cell telephone. In his cell phone were multiple text

messages between Burnett and KINNEY's cell phone, number 802-316-0504. At approximately

1:00PM that day the Federal Bureau of Investigation was contacted, and Special Agent Colin

Simons was assigned to assist in a joint investigation.

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7. CPD officials have confirmed that the Smith and Wesson .38 caliber revolver found at

Burnett's apartment was seized by CPD in connection with another investigation, and was

supposed to be in the CPD evidence vault. CPD officials have also confirmed that 802-316-0504

is the number of the CPD cell phone assigned to KINNEY.

8. At approximately 3:30PM on November 10, 2014, myself, Agent Simons and a BPD

officer arranged for Burnett to send texts to KINNEY's CPD cell phone. Initially, Burnett texted

KINNEY, "Hey buddy, it's Pete I'm really sick man do you have and [sic] stuff left my legs hurt

and I've been throwing up." KINNEY responded that he was on his way home and was off duty

the following day (Tuesday), but could meet Burnett the next day (Wednesday). Burnett then

sent KINNEY a text, "Hey I can get us 5 buns for tgat [sic] .38 wensdays a long time from now

buddy." In response, KINNEY instructed Burnett, "No I need that back! 1 !" Burnett then sent

KINNEY a text "Ok np bud just thinking of optiontions [sic] we can do I know a girl that will take

that meth too buddy can we do that on wend when u get back." In response, KINNEY texted, "Ok

sounds good ... love ya bud!"

9. At approximately 7:45PM on November 10, 2014, Agent Simons and I interviewed

KINNEY at the Burlington, Vermont Police Department. Agent Simons advised KINNEY that

he was not under arrest, that he did not have to talk to law enforcement, and that he could leave at

any time. KINNEY acknowledged understanding that advice.

10. KINNEY stated that he had used opiates for approximately a year, and was

attempting to recover from opiate addiction. He met Burnett in his official capacity as a CPD

Detective, and a friendship developed between the two. KINNEY said that for about a year he

and Burnett had used heroin together, obtaining it in several ways. First, Burnett sometimes

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obtained heroin, on occasion with money provided by KINNEY. Second, sometimes KINNEY

obtained heroin from the CPD evidence vault. Third, sometimes KINNEY obtained other drugs

from the CDP evidence vault, which he provided to Burnett so Burnett could sell or swap the other

drugs for heroin. Obtaining heroin in each of these ways, KINNEY stated that he and Burnett

used the drug together.

11. During the interview of KINNEY, Agent Simons showed him the Smith and Wesson

.38 caliber revolver recovered from Burnett earlier in the day. KINNEY stated that he recognized

the firearm as one that he removed from the CPD evidence vault approximately one to two weeks

ago. KINNEY said that he provided the handgun to Burnett to use for protection. KINNEY

stated that within the last two weeks he removed heroin from the CPD vault and transferred it to

Burnett. He explained that CPD had received that heroin for purposes of canine training, but the

heroin had been marked for destruction. KINNEY stated that in addition to narcotics taken from

the CPD evidence vault, he also took prescription medication from the voluntary prescription

medication drop-off box located in the lobby of the CPD. KINNEY gave Agent Simons and

myself consent to search his CPD issued cell phone, vehicle, work space and locker. He told us

that in the trunk of his CPD vehicle was a prescription medication bottle containing prescription

narcotics that he had taken from the voluntary drop-off prescription medication box at CPD.

12. On November 11, 2014, I searched KINNEY's CPD vehicle with Agent Simons and

others. In the center console area of the vehicle Agent Simons located a plastic zip-lock bag

containing an off-white powder substance. A field test of the substance confirmed the presence of

heroin with an approximate weight of one and a half grams. In the trunk of the vehicle I located a

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prescription medication bottle containing prescription narcotics, including schedule II controlled

substances.

13. On November 11, 2014 Agent Simons and I met with CPD officials at the CPD. In

the CPD evidence vault, I located an evidence bag containing a canine marijuana training aid, with

an associated receipt dated October 28, 2014 indicating additional narcotic training aids, including

heroin. The bag did not contain the heroin indicated on the receipt. Agent Simons and I spoke

with the CPD officer who used the training aids. He stated that he transferred the training aids to

KINNEY for destruction on the date of the receipt, and at that time all the indicated drugs,

including heroin, were in the bag.

Dated at Burlington, in the District of Vermont, this I zJH day ofNovember, 2014.

MATTHEW EKSTROM Special Agent, ATF

n-6 Sworn and subscribed before me this[0ay ofNovember, 2014.

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