Affidavit in Support of An Application For A Search Warrant and Arrest Warrant

Case 3:21-mj-00007-DMC Document 1-1 Filed 08/08/21 Page 1 of 32
AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR A SEARCH WARRANT

AND ARREST WARRANT
I, Tyler Bolen, being first duly sworn, hereby depose and state as follows:
I. INTRODUCTION AND AGENT BACKGROUND

1. I make this affidavit in support of an application for a search warrant, under Rule
41 of the Federal Rules of Criminal Procedure, and in support of a criminal complaint and
application for an arrest warrant.
2. I am a Special Agent with the United States Forest Service (the “USFS”), and
have been for three years. Prior to this, I was a USFS Law Enforcement Officer for nearly eight
years. I am currently assigned to the Shasta-Trinity National Forest; however, I periodically

investigate crimes on other National Forests such as the Lassen National Forest. I am
authorized, and presently assigned, to investigate and enforce violations of federal law that affect
national forest lands, including willfully setting fire to any timber, underbrush, or grass upon
lands owned by the United States, in violation of 18 U.S.C. § 1855.
3. I received eight months of full time, formalized training at the Federal Law
Enforcement Training Center in Brunswick, Georgia. In addition to my other law enforcement
duties, I am a fully qualified wildland fire investigator, having completed the following courses:
Fire Investigation 210—Wildland Fire Origin and Cause Investigation Course, and Fire
Investigation 310—Wildland Fire Investigation Case Development Course. During these
courses of training, I received training in the professional standards of wildland fire

investigation, fire behavior, identifying and recognizing burn patterns, identifying and collecting
fire scene evidence, investigation methodology, interviewing, search warrant development, and
courtroom preparation and testimony. Additionally, I hold a Master of Arts degree in Criminal
Justice.
4. I am a “law enforcement officer” of the United States within the meaning of that
term contained at 18 U.S.C. § 2510(7). I am empowered by law to conduct investigations of, and
to initiate arrests for, various offenses that occur on or affect national forest lands.
5. In addition to my training, I am an experienced wildland fire investigator. From
2013 through 2015, I was a member of the USFS Region 3 Fire Investigation Team that
responded to complex fire investigations in Arizona and New Mexico. From 2016 through 2018,
I was a member of the USFS Region 5 Fire Investigation Team in California, while also serving
as a wildland fire investigation instructor responsible for training new investigators. During the
course of my career, I have prepared, sworn to, and served over fifty federal search warrants
associated with private properties, public land sites, internet and cellular-based companies,
cellular phones, and vehicle tracking devices. I have investigated over fifty wildland fires,
including many fires determined to be acts of arson. I have investigated, identified,
apprehended, and interviewed several wildland arson suspects to include suspected serial
arsonists that have set multiple fires over various periods of time. I have been the affiant on
federal search warrants associated with cellular phones and vehicles possessed and used by
arsonists during the commission of their arson crimes and have obtained evidence of arson
during the course of these lawful searches. The facts in this affidavit are based on my personal
observations and on my training and experience, as well as on consultations with other
investigators.
II. SCOPE OF REQUESTED WARRANTS

6. Based on the facts set forth below, I submit that probable cause exists to believe
that violations of 18 U.S.C. § 1855 (the “specified federal offense”), with respect to the “Ranch
Fire” in Lassen County, California, was committed by GARY STEPHEN MAYNARD who
agents have observed living out of his vehicle, which is a black 2012 Kia Soul displaying
California license plate 6XBA609.
7. This affidavit is submitted in support of an application for a warrant to search a
black Kia Soul (the SUBJECT VEHICLE), with California license plate 6XBA609, a vehicle
more fully described in Attachment A in order to locate and seize the items described in
Attachment B as evidence or instrumentalities of the specified federal offenses.

8. This affidavit is also made in support of a criminal complaint and application for a
warrant to arrest GARY STEPHEN MAYNARD for committing the specified federal offense for
willfully setting fire to lands owned by or under the jurisdiction of the United States.
AFFIDAVIT OF TYLER BOLEN 2

9. This affidavit is intended to show merely that there is sufficient probable cause
for the criminal complaint and requested warrants and does not set forth all of my knowledge
about this matter.
III. BACKGROUND
A. Fire Investigation Techniques.

10. As a wildland fire spreads, it leaves behind fire pattern indicators. Fire pattern
indicators are physical objects that display changes from exposure to heat, flame, and
combustion byproducts. Analyzing fire pattern indicators helps fire investigators determine the
origin of wildland fires because accurate analysis of fire pattern indicators reveals the direction
in which wildland fires spread. Additionally, wildland fire investigators can use fire pattern
indicators to determine the location where wildland fires originally ignite through a process
known as “backtracking.”
11. Upon locating the origin location of a wildland fire, wildland fire investigators
then determine the cause of the fire. Based on my training and experience, I know that there are
nine causal categories of wildland fires. These categories are, in no particular order:
(i) lightning, (ii) campfires, (iii) smoking, (iv) debris burning, (v) arson/incendiary, (vi)
equipment use, (vii) railroads, (viii) children, and (ix) miscellaneous. The miscellaneous
category includes several sub-categories of fire causes such as fireworks, firearms, and welding.
12. To determine the cause of a wildland fire, fire investigators engage in a systematic
examination of the fire’s origin location and adjacent area. This analysis leads to the exclusion
of causal categories for which no evidence exists. For example, if fire investigators find no
evidence of equipment use within the fire’s general origin area, then the wildland fire
investigators can and do logically exclude equipment use as the fire’s cause. This systematic
methodology, which requires a careful examination of a fire’s origin location and adjacent area,
eventually leads to fire investigators making a causal determination. Typically, this

determination occurs once fire investigators logically exclude all but one cause of the wildland
fire based on evidence recovered within the fire’s origin area and adjacent area.
13. As stated above, one of the nine causal categories of wildland fire is

arson/incendiary—fires that are deliberately or maliciously set by humans. Based on my training
and experience, I know that there are many indications of arson-caused fires, including the
following:
• They often ignite in areas where other arson-suspected fires have been set in the
past;
• They are commonly set near roads that can accommodate motor vehicle travel;
• They are frequently characterized by a lack of causal evidence within the origin
location and surrounding geographic area, because of the ease with which an
arsonist can ignite a wildland fire simply by applying a lighter to brush;
• They are often set during low-traffic conditions, such as nighttime hours, as this
reduces the risk they will be seen by witnesses.
B. Locations Where Evidence Is Likely to Be Found.

14. Based on my training and experience, I know that arsonists need a physical
location to store items relating to their illegal activities. Such items can include, but are not
limited to, incendiary materials or devices, maps, instructional manuals, photographs, and other
materials. In my training and experience, arsonists frequently store such items in their personal
vehicles under their dominion and control.
15. Based on my training and experience, I also know that arsonists derive pleasure
and satisfaction from observing first responders react to the fires that arsonists set. Indeed,
experiencing this pleasure and satisfaction is one of the primary motivators for arsonists to set
fires. One way for arsonists to preserve these feelings of pleasure and satisfaction is to take
photographs or record video footage of first responders reacting to fires that arsonists set. These
photograph and video files are frequently stored in arsonists’ private residences, on their mobile
cellular devices, or on their personal computers contained in their residences.
16. Based on my experience and knowledge obtained from other agents, I know that
cellular phones are commonly in the possession of the vast majority of people, including
arsonists. I know that arsonists have been known to use their cellular phones’ Internet browsing
capabilities to research arson crimes, techniques, and arson laws. I further know that individuals

have been known to upgrade the physical devices associated with a cellular phone number while
retaining the older replaced devices under their possession and control.
IV. ARSON INVESTIGATIONS ON THE SHASTA TRINITY NATIONAL FOREST
A. Investigation of the Cascade Fire on July 20, 2021
17. On July 20, 2021, at approximately 9:45 a.m., a wildland fire was reported by a
mountain biker in the Sand Flat area on the western slopes of Mt. Shasta. I spoke with this
mountain biker who advised that he had smelled smoke while riding his bike. The mountain
biker eventually spotted the fire burning along the forest floor several hundred feet from the dirt
road. This fire was later designated as the Cascade Fire. This mountain biker and a fellow
mountain biker were very concerned and jumped into action by stomping along the edge of the
ground fire and digging around its perimeter in efforts to prevent its spread. The mountain biker
also called 911 to report the wildfire. At approximately 10:25 a.m., firefighters arrived on scene.
The actions of the mountain bikers and final suppression efforts of the firefighters prevented the
Cascade Fire from developing into a large-scale wildfire and was ultimately contained to an
approximate 100-200 square feet area of burned vegetation. The Cascade Fire occurred on
federal lands designated as the Shasta-Trinity National Forest within the Eastern District of
California.
18. USFS Fire Investigator (Inv.) Brian Murphy responded to this newly reported fire
in order to conduct an origin and cause investigation. Inv. Murphy has been a certified wildland
fire investigator for six years and has investigated over thirty wildland fires.
19. Inv. Murphy1 conducted an origin and cause investigation of the Cascade Fire.
Inv. Murphy located and examined the origin of the Cascade Fire and did not locate any sources
that could have ignited the fire. After considering the nine causal categories of wildland fire,
Inv. Murphy excluded all potential causes of this fire, except arson. After visiting the scene and
reviewing the facts in the case, I concurred that the ignition of this fire was not only suspicious,

but consistent with arson.
20. This remote area of the Cascade Fire receives little traffic. To access the area,
motorists turning off of the Everitt Memorial Highway, must drive several miles along Sand Flat
Road—a dirt road that winds through a portion of the western slopes of Mt. Shasta. Eventually,
in order to access the area of the Cascade Fire, motorists must turn and travel along a non-
maintained dirt road that is fairly rough. This un-named dirt road is occasionally used by off-
road enthusiasts. The Cascade Fire was situated approximately 75 yards from this un-named dirt
road where there are no developed recreational sites or trails.
21. On this day, Inv. Murphy observed two vehicles parked along this un-named dirt
road approximately 150-200 yards from the Cascade Fire. Inv. Murphy first approached the
closest vehicle to the Cascade Fire, a black Kia Soul displaying California license plate
6XBA609 (the SUBJECT VEHICLE). At that time, the SUBJECT VEHICLE’s front tires were
positioned in a deep rut and the rear underside was high-centered on a large boulder. Inv.
Murphy observed a white male laying on the ground underneath the SUBJECT VEHICLE and
was digging and moving about in efforts to free the SUBJECT VEHICLE from its immobile
position. Inv. Murphy introduced himself as an official with the Forest Service and requested the
man’s name. This man did not come out from under the vehicle and did not identify himself, but
instead stayed under the vehicle and mumbled words that Inv. Murphy could not understand.
Inv. Murphy advised this man that he would like to ask him a few questions. The man quit
digging and stood up. Inv. Murphy began to ask questions about the nearby fire to which this
man responded that he did not know anything about any fires. As Inv. Murphy attempted to ask
additional questions, this man asked Inv. Murphy to pull his SUBJECT VEHICLE from its stuck
position. Inv. Murphy replied that he was not authorized to use his government vehicle to tow
other vehicles. Upon hearing this, the man appeared agitated, and turned away from Inv.
Murphy where he returned to digging and working to free the SUBJECT VEHICLE from its
position. Inv. Murphy recognized the man’s uncooperative and agitated behavior and felt it was
safest to distance himself from this man. Prior to departing, Inv. Murphy took a photograph of
the SUBJECT VEHICLE.

22. Inv. Murphy later advised me the driver of the SUBJECT VEHICLE was a white
male that stood approximately six feet tall, with an average size frame, short brown hair, and
wore glasses. Inv. Murphy also recalled during his brief interaction that he had asked this man
where he was from, to which this man mumbled something about being a professor at a
university down south. I believe this man, as further discussed in this affidavit, was the
registered owner of the SUBJECT VEHICLE, Gary MAYNARD. Because Inv. Murphy recalled
this man, suspected to be MAYNARD, stated he was a university professor, I conducted a
public internet search and observed pictures of a Dr. Gary Maynard, who is listed on public
internet sites as a professor at various universities in California. I observed these pictures of Dr.
Gary Maynard matched the California driver’s license picture of the SUBJECT VEHICLE’s
registered owner, Gary MAYNARD.

23. Inv. Murphy then proceeded to the second vehicle that was parked approximately
100 feet away from the SUBJECT VEHICLE. Inv. Murphy found it was occupied by one man,
further referred to as Witness 1. Witness 1 advised that he had been parked in that location since
the previous day. Witness 1 advised Inv. Murphy that he was not sure how the wildfire started.
Witness 1 said that the SUBJECT VEHICLE had showed up earlier that morning before the
wildfire started.
24. On July 21, 2021 (the next day), Inv. Murphy and I returned together to the scene
of the Cascade Fire. The SUBJECT VEHICLE was no longer present, however, Witness 1 was
still present in the same location. At this time, Witness 1 further described his observations
during the time that the Cascade Fire ignited the previous day. Witness 1 stated that he not seen
any people or vehicles around the area until the SUBJECT VEHICLE arrived several hours
before the fire ignited. Witness 1 recalled the SUBJECT VEHICLE had attempted to drive
across the partially buried boulder that was situated within the rough road-bed and became high-
centered and immobile.

25. Witness 1 recalled the driver of the SUBJECT VEHICLE was alone. Witness 1
told me this driver seemed very angry and at one point threw things out of the SUBJECT
VEHICLE and on to the ground. Witness 1 stated that he had brief interactions with the driver

of the SUBJECT VEHICLE but described concerns about the man’s enraged behavior and said
that, at one point, the man pulled out a large knife and looked towards Witness 1 for unknown
reasons. Witness 1 believed the man was mentally unstable, describing the man as, “mumbling a
lot and having bipolar-like behavior.” Witness 1 did not feel comfortable around the driver of
the SUBJECT VEHICLE and mostly stayed near his own vehicle approximately 100 feet away.
26. At one point, later that morning, Witness 1 recalled watching the driver of the
SUBJECT VEHICLE walking away in the same direction that the Cascade Fire soon ignited.
Witness 1 said that the driver was gone for approximately ten minutes, then returned to the
SUBJECT VEHICLE. At some point that morning, after the driver returned to the SUBJECT
VEHICLE, Witness 1 recalled seeing the smoke from the Cascade Fire.
27. Witness 1 recalled the driver of the SUBJECT VEHICLE standing approximately
six feet and one inch tall, weighed approximately 200 pounds, had short/thin brown hair, and
wore glasses.
28. After meeting with Witness 1, I proceeded to examine the location where the
SUBJECT VEHICLE had been photographed by Inv. Murphy in its stuck position within the
rough roadbed. During my examination of this location, I noticed a small burned area on the
ground just a few feet off the road. The small burned area consisted of burnt sticks and burned
material that was consistent with newspaper. I could still see what looked to be newspaper print
on some of the partially burned pieces. The small ground fire had been set along the forest floor
and the ashes and the burned paper was still fluffy and grey which indicated that the fire had not
been extinguished with water. Instead, the fluffy ash and fine pieces of paper were still in-tact,
indicating that the fire had burned out on its own. There was no evidence of a campfire or a
campfire ring; the small fire had been set directly on the uncleared forest floor along the road
where the SUBJECT VEHICLE had been recently positioned.
29. Inv. Murphy and I further examined the nearby forest floor and located a second
small burned area that once again consisted of small pieces of burned wood and a material that
was consistent with newspaper. This fire, too, had been ignited directly on the forest floor and
just a few feet from where the SUBJECT VEHICLE had been stuck, except that it had been set

on the opposite side of the road. This small fire also contained fluffy ashes, with fine pieces of
burned paper still in-tact, while exhibiting no evidence that the fire had been extinguished with
water or any other means such as stomping, scraping, or stirring the ground. This fire’s
appearance also indicated that the fire had burned out on its own.
30. The two small ground fires were each determined to be acts of arson and, indeed,
classified as two additional arson fires. During my examination of this location, I also located a
wooden match on the ground at the location where the SUBJECT VEHICLE had been stuck.
The match head was still in-tact, indicating that this particular match had not been used.
31. The dirt roadbed where the SUBJECT VEHICLE had been stuck and eventually
travelled through contained the tire track impressions for the SUBJECT VEHICLE.
Additionally, Inv. Murphy’s photograph of the SUBJECT VEHICLE includes an angle of the
tires. I reviewed this photograph and could see that the tread pattern, as photographed on the
tires of the SUBJECT VEHICLE, matched the tire track impressions in the soil.
32. I took measurements of these tire track impressions that still remained in the soil
where the SUBJECT VEHICLE had been recently stuck. The width of the tire impressions on
the dirt road was approximately 7 ½ inches in length. The width of the wheel base, which I
measured from the outer edge of the driver-side tire impressions to the outer edge of the
passenger-side tire impressions, was approximately 5’ 9” to 5’ 10” in length. I located these
same tire tread impressions and tire impression dimensions at a second arson fire, further
discussed below.
B. Investigation of the Everitt Fire on July 21, 2021

33. On July 21, 2021 at approximately 2:50 a.m., a USFS fire engine crew was
travelling along the Everitt Memorial Highway when the fire crew observed the glow of a new
fire burning nearby. The fire was burning in vegetation along Forest Service Road 40N88,
approximately 200 yards from the Everitt Memorial Highway. This new fire, designated as the
Everitt Fire, had also ignited along the western slopes of Mount Shasta, federal lands designated
as the Shasta-Trinity National Forest within the Eastern District of California. The fire crew,
having spotted the recently ignited fire, was able to quickly contain the fire at less than one acre

in size.
34. On this same morning, Inv. Murphy conducted an origin and cause investigation
of the Everitt Fire. Inv. Murphy located and examined the origin of the Everitt Fire. After
considering the nine causal categories of wildland fire, Inv. Murphy excluded all potential causes
of this fire, except arson. Inv. Murphy did not locate any sources that could have ignited the fire
within its area of ignition.
35. On this same morning, I also arrived on scene of the Everitt Fire. This was the
second wildland arson fire in less than twenty-four hours on Mount Shasta near the Everitt
Memorial Highway. After visiting the scene and examining the area, I concurred that the
ignition of this fire was not only suspicious, but once again consistent with arson.
36. I observed the Everitt Fire had ignited along the dirt road and I began examining
tire track impressions left behind in the soil. Beginning near the fire’s edge, I observed three sets
of different tire impressions on the road. Two of the tracks were consistent with aggressive (all-
terrain/ mud tire tread) tires used by responding fire trucks. I observed the third set of tire
impressions to be similar to the SUBJECT VEHICLE’s tire impressions and noted how the more
aggressive fire truck tire impressions crossed over on top of the suspected SUBJECT
VEHICLE’S tire impressions—indicating that the SUBJECT VEHICLE had driven along the
dirt road prior to the arrival of the fire trucks. A short distance later, there was a wide shoulder
along the dirt road and I observed tire impressions consistent with one of the fire trucks having
turned around and returned to the fire.
37. At that point, there were two tire impression tracks that continued along the dirt
road, with the fire truck tire impressions crossing over on top of the suspected SUBJECT
VEHICLE’s impressions—indicating that the SUBJECT VEHICLE had driven along the dirt
prior to the arrival of the fire truck. I later identified this specific fire truck and matched its tire
impressions to the impressions left behind in the soil. I continued following the two different tire
track impressions until I reached a point that was approximately 200 yards north of the Everitt
Fire. It was here that the dirt road widened again and was wide enough for a vehicle to turn
around. It was here that tire impressions consistent with the SUBJECT VEHICLE had turned

around and travelled back towards the Everitt Fire and the Everitt Memorial Highway. I took
measurements of these tire impressions. The width of the tire impressions was approximately 7
1/2 inches in length. The width of the wheel base, which I measured from the outer edge of the
driver-side tire impressions to the outer edge of the passenger-side tire impressions, was
approximately 5’ 9” in length. I observed the tire tread pattern, the width of the tire impressions,
and the width of the wheel base impressions to be the same as the SUBJECT VEHICLE.
C. Further Investigation of Maynard and the Subject Vehicle

38. I reviewed the registration records for the SUBJECT VEHICLE maintained by
the California Department of Motor Vehicles. The registration record shows that California
license plate 6XBA609 is assigned to a 2012 Kia, which is the same make as the SUBJECT
VEHICLE. The SUBJECT VEHICLE’s registration record lists the owner as Gary MAYNARD
and an address of 164 South Morrison Avenue, San Jose, California 95126. According to the
California Department of Motor Vehicles (DMV), MAYNARD has a valid California driver’s
license that was issued in 2020, which also lists his address as [XXX] South Morrison Avenue,
San Jose, California 95126. I obtained a copy of the California DMV picture on file for
MAYNARD and showed this picture to Inv. Murphy. Inv. Murphy looked at this driver’s
license picture and told me that MAYNARD looked similar to the man he saw with the
SUBJECT VEHICLE.
39. According to the physical characteristics listed on MAYNARD’s driver’s license,

MAYNARD is a white male, is 5’11” tall, weighs 175 pounds, has short/thin brown hair, and is
required to wear corrective lenses when driving a vehicle. These physical characteristics
displayed on MAYNARD’s driver’s license are similar to the descriptions of the driver of the
SUBJECT VEHICLE as provided by Inv. Murphy and Witness 1.
40. Although MAYNARD’s California driver’s license and MAYNARD’s

registration record of the SUBJECT VEHICLE both list [XXX] South Morrison Avenue, San
Jose, California 95126, I do not believe MAYNARD currently resides there. During the course
of this investigation, I consulted with the San Jose Police Department’s dispatch services who
advised me that in October of 2020, a concerned citizen had contacted the San Jose Police

Department with concerns about their colleague, MAYNARD who worked as a professor at
Santa Clara University. This concerned citizen told officers that MAYNARD had told her he
was suffering from anxiety, depression, split personality, and that he wanted to kill himself. This
concerned citizen said that MAYNARD had moved out and was possibly living somewhere out
of his vehicle. A dispatcher with the San Jose Police Department advised me that officers drove
to this address on July 22, 2021 and July 25, 2021 and did not see the SUBJECT VEHICLE
present.
D. Investigation of Maynard’s Suspected Cell Phone Number

41. This concerned citizen gave the San Jose Police officers a phone number for
MAYNARD. This phone number was (XXX) XXX-0738 (Maynard’s suspected cell phone
number).
42. In an effort to further determine whether this was a valid phone number for
MAYNARD, I spoke with Special Agent Jeremy Smart with the U.S. Department of Agriculture
(USDA), Office of Inspector General. Agent Smart, having access to the USDA Electronic
Benefits Transfer (EBT) database, checked if MAYNARD was a carrier of an EBT card. Agent
Smart advised me that MAYNARD indeed has an active EBT account and this account lists
MAYNARD’s phone number as (XXX) XXX-0738—the same phone number that

MAYNARD’s colleague had given to the San Jose Police Department in 2020. Agent Smart
further advised that according to recent activity, MAYNARD used this same phone number on
July 26, 2021, to check his EBT account balance.
43. Additionally, Agent Smart advised me that MAYNARD had used his EBT card
during the course of several recent purchases made at: a Safeway store in San Francisco,
California on July 12, 2021; a Safeway store in Fortuna, California on July 18, 2021; and a
Safeway store in Susanville, California on July 24, 2021.
44. As previously discussed, the dates of the arson fires in the Mount Shasta area
were July 20 and 21, 2021. Prior to these fires, on July 18, 2021, the EBT card was used in
Fortuna, California. Fortuna is situated along the northern California coast approximately 223
miles west of Mount Shasta. Following this transaction, there was a six-day gap where no EBT

transactions were recorded, which is during the time period of the arson fires. Then, the next
transaction was made in Susanville, California on July 24, 2021. Susanville is located
approximately 131 miles southeast of Mount Shasta. The locations of MAYNARD’s EBT
transactions indicate that MAYNARD has been recently travelling throughout vast areas of
northern California.
45. Agents reviewed video recordings that had been captured on July 24, 2021 from
inside the Safeway store located at 2970 Main Street, Susanville, California 96130 during the
time period that MAYNARD had used his EBT card. Agents observed the individual that was
using MAYNARD’s EBT card closely resembled MAYNARD. I showed this Safeway video
recording to Inv. Murphy who advised me this was the same man he observed with the
SUBJECT VEHICLE during his investigation of the Cascade Fire on July 20, 2021.
46. MAYNARD’s suspected cell phone number, (XXX) XXX-0738, is a Verizon
wireless phone number. On July 26, 2021, I submitted a preservation letter to Cellco Partnership
DBA Verizon Wireless, requesting that they preserve all records associated with this phone
number between July 1, 2021 and August 1, 2021. This includes certain records such as call
detail records, text messages, multi-media messages, cell site data, location information, and
subscriber information.
E. Bradley Fire on July 11, 2021

47. Prior to the July 20 and 21, 2021 arson fires in the Mount Shasta area, agents
investigated a wildland fire that ignited on July 11, 2021 on federal lands designated as the
Shasta-Trinity National Forest south of the Mount Shasta area. This fire, designated as the
Bradley Fire, destroyed over 300 acres of the national forest. Agents completed an origin and
cause investigation of the Bradley Fire. The ignition site was located near a dirt road where
someone had started the fire directly on top of the forest floor without clearing away any debris
adequate to prevent a fire’s escape. Agents located a frying pan which indicated this ignition site
may have been used as a cooking fire. However, because of the negligence in starting a fire on
the uncleared forest floor during high-fire danger levels, agents were unable to rule out arson as a
possible cause behind this fire’s ignition. The investigation of the Bradley Fire is ongoing, with

no criminal charges having been filed.
48. During the course of this investigation, agents documented and took
measurements of the suspect vehicle’s tire impressions that were left behind on the soil next to
the ignition site of the Bradley Fire. These were the only tire impressions located in this remote
area. I compared the tire impressions left behind at the two Mount Shasta arson sites to the tire
impressions left behind at the Bradley Fire. The wheel base dimensions are similar,
approximately 5’9” wide. The tire track impressions left behind at the Bradley Fire did not leave
a crisp-looking tire tread pattern in the soil and agents attributed this to the very soft and sandy
soil composition at the Bradley Fire. Nonetheless, the less visible tire tread pattern left behind at
the Bradley Fire appeared similar to the SUBJECT VEHICLE.
49. Also, during this comparison, I observed there was a difference in the width of the
tire impression itself. The width of the tire impression left behind at the Bradley Fire was
approximately 1-2 inches wider than the tire impressions left behind in the soil of the two arson
fires on Mount Shasta. However, the soil composition at the Bradley Fire is much softer and
sandier than the soil composition located at the higher altitude of the two arson fires on Mount
Shasta. On July 26, 2021, agents conducted a test by driving along the soil at one of the Mount
Shasta arsons (Everitt Fire) and taking a measurement of the width of their tire impression in the
soil. Then agents conducted the same procedure at the site of the Bradley Fire where the soil
composition is much softer and sandier. At the conclusion of this test, agents discovered that the
measurement of their tire track impression left behind on the soil at the scene of the Bradley Fire
was 1-2 inches wider. This comparison indicates that the tire impressions left behind at the
Bradley Fire are similar to those of the SUBJECT VEHICLE.
F. Sweetbriar Fire on July 6, 2021

50. During the late-night hours of July 6, 2021, firefighters responded to a reported
fire burning along Interstate 5, just south of Dunsmuir, California. This area is located
approximately 12 miles south of Mount Shasta. Investigators did not locate any evidence or
sources that could have ignited the fire, later designated as the Sweetbriar Fire. The fire burned
less than one acre of state land. The ignition site was located near a northbound interstate exit

(Connant Road) where there is a large dirt parking area. The Sweetbriar Fire was determined to
be arson caused by an unknown person. Although investigators did not find any physical
evidence, the Sweetbriar Fire also bears the hallmarks of wildland arson.
G. Cellular Phone Search Warrants served on July 29, 2021

51. On July 29, 2021, I applied for two search warrants for MAYNARD’s suspected
cellular phone number. One of these search warrant applications was for precise cell-phone
locations of MAYNARD’s suspected phone number and the second search warrant application
was for historical cell-site information for MAYNARD’s suspected phone number.
52. On July 29, 2021, U.S. Magistrate Judge Dennis M. Cota issued a search warrant
that required Cellco Partnership DBA Verizon Wireless to disclose precise cell-phone locations
of MAYNARD’s suspected cell phone number pursuant to search warrant number 3:21-sw-
0013-DMC. On this same day, U.S. Magistrate Judge Dennis M. Cota issued a search warrant
that required Cellco Partnership DBA Verizon Wireless to disclose historical cell-site
information for MAYNARD’s suspected cell phone number pursuant to search warrant number
3:21-sw-0014-DMC. Following the issuance of these search warrants, on this same day, I served
these two search warrants on Cellco Partnership DBA Verizon Wireless.
53. On July 30, 2021, Cellco Partnership DBA Verizon Wireless began electronically
sending agents locations of MAYNARD’s suspected cell phone number. The locations were
being sent to agents about every fifteen minutes and show MAYNARD’s suspected cellular
phone signal locations in a latitude and longitude format. The locations sent by Cellco
Partnership DBA Verizon Wireless include a weblink of each location via Google maps. On this
day, beginning at approximately 9:49 a.m., the location of MAYNARD’s cellular phone number
was showing cellular signals in Susanville, California with an approximate six-hundred meter
radius. Susanville, California is a city located in Lassen County within the Eastern District of
California.
H. Vehicle Tracker Search Warrant

54. On August 1, 2021, while positioned along Conard Road on the Lassen National
Forest, agents observed MAYNARD driving the SUBJECT VEHICLE. A short time later,

agents observed MAYNARD with the SUBJECT VEHICLE at the Safeway store in Susanville,
California, prior to returning to the Lassen National Forest. After these agents had confirmed that
MAYNARD was still operating the SUBJECT VEHICLE, on this same day, I applied for a
vehicle tracking warrant for the SUBJECT VEHICLE. Later this same day, U.S. Magistrate
Judge Dennis M. Cota issued a vehicle tracking warrant that authorized agents to install a
tracking device on the SUBJECT VEHICLE.

55. On August 3, 2021, agents observed the SUBJECT VEHICLE parked once again
at the Safeway store in Susanville, California and observed MAYNARD to still be in control of
the SUBJECT VEHICLE. A short time later, agents observed MAYNARD depart the Safeway
store. Moments later, I observed an officer with the Susanville Police Department conduct a
traffic stop of MAYNARD as he drove through Susanville in the SUBJECT VEHICLE. I

observed the SUBJECT VEHICLE yield to the police officer by pulling off of the road and in to
the business parking lot of the Lumberjack’s Restaurant located at 2795 Main Street, Susanville,
California 96130. Moments later, I observed two Susanville police officers speaking with
MAYNARD who was seated in the driver seat of the SUBJECT VEHICLE. At this time, I
installed a magnetic vehicle tracking device under the rear portion of the SUBJECT VEHICLE.
A couple minutes later, I observed MAYNARD continuing along in the SUBJECT VEHICLE.
I. Tracking of the Maynard and the Subject Vehicle

56. Following this installation of the vehicle tracking device, USFS agents utilized the
location data obtained from the vehicle tracking device to check areas where the SUBJECT
VEHICLE travelled and stopped. Between August 3 and August 7, 2021 agents observed
MAYNARD to always be the only occupant of the SUBJECT VEHICLE. At no time did agents
witness any other people inside the SUBJECT VEHICLE or, in any manner, associated with the
SUBJECT VEHICLE, other than MAYNARD.
57. On August 3, 2021, following the installation of the tracking device, agents
followed MAYNARD from Susanville along Highway 36 where MAYNARD eventually turned
north on Mooney Road. Agents observed MAYNARD drive approximately five miles north
along Mooney Road before turning on to a rocky dirt road where he drove several hundred yards

before parking. At that point, and consistently throughout the course of the entire tracking
period, agents observed that the tracking device was accurately recording MAYNARD’s location
in the SUBJECT VEHICLE. Later this day, agents observed MAYNARD depart this location
and continue north along Mooney Road. At this point, and for the remainder of the tracking
period, agents checked these remote forested routes and stopping points that tracking data
revealed for the SUBJECT VEHICLE, in order to check for evidence of arson. Later, on this
same day, tracking data revealed that MAYNARD had turned off of nearby Highway 44 and
drove approximately ½ mile up a dirt road and then drove and parked the SUBJECT VEHICLE
in a heavily vegetated area that is concealed from any areas where people would normally visit,
further referred to as Campsite 1. Prior to turning up this dirt road towards Campsite 1,
MAYNARD had driven the SUBJECT VEHICLE past a sign that informed the public that the
property was closed to all public entry—this portion of land was owned by a private timber
company, Sierra Pacific Industries, that owns sections of land within the Lassen National Forest.
According to the vehicle tracking data, the SUBJECT VEHICLE remained in the concealed
location of Campsite 1 for the remainder of August 3, 2021 and continued to remain in this
location throughout August 4, 2021.

58. On August 5, 2021 at approximately 4:33 p.m., the vehicle tracking data showed
the SUBJECT VEHICLE travelled from Campsite 1 back down to Highway 44. Instead of
turning west on Highway 44, which would have made sense as this was the direction that
MAYNARD eventually drove along to get to Redding, California that night, the SUBJECT
VEHICLE drove across Highway 44 and south on McCoy Road in to the Lassen National Forest.
Agents proceeded to check along MAYNARD’s route and stopping points for evidence of arson
and, indeed, located a wildland arson fire, as discussed next.
V. VI. ARSON INVESTIGATIONS ON THE LASSEN NATIONAL FOREST
A. Moon Fire on August 5, 2021

59. On August 5, 2021, tracking data showed that the SUBJECT VEHICLE
continued south on McCoy Road prior to eventually turning north on Mooney Road. Shortly
after the SUBJECT VEHICLE emerged form Mooney Road, USFS Officer Tim Stiefken located

a wildfire burning along Mooney Road on the Lassen National Forest. Officer Stiefken poured
some water and took actions that helped contain the fire to a small location on the forest floor
that was approximately five feet wide, later named the Moon Fire. Later this day, I observed
MAYNARD to be the sole occupant of the SUBJECT VEHICLE.
60. The tracking data showed that the SUBJECT VEHICLE had travelled past this
location at approximately 5:53 p.m. As Officer Stiefken reported the Moon Fire, a responding
fire engine finished suppressing the fire and prevented it from spreading further in to the forest.
USFS Fire Investigators conducted an origin and cause investigation of the Mooney Fire. After
examining this fire area, investigators excluded all possible causes of this fire, except arson.
Investigators did not see any obvious ignition sources located within or near this fire. After
reviewing the tracking device data, I know that the SUBJECT VEHICLE drove along Mooney
Road during the timeframe that this wildland arson fire was set.
61. The tracking data showed that the SUBJECT VEHICLE had been travelling
approximately 55 miles per hour through the area where the Moon Fire ignited, which is an
average speed for this long paved straight-a-way road. The tracking data then showed that the
SUBJECT VEHICLE continued approximately ¾ mile north along Mooney Road where it
stopped along the shoulder of Mooney Road for one minute and eight seconds. I later observed
this fire and this stopping point where MAYNARD had stopped just north of the Moon Fire. I
observed that MAYNARD’s stopping point was at the end of a long straight-a-way and offered
MAYNARD an opportunity to possibly look back and see the location of the fire. Although the
tracking data indicated that MAYNARD had not stopped at the Moon Fire, the fire was along
Mooney Road on MAYNARD’s driver-side, offering the opportunity to deliver an aerial ignition
device from the driver’s side window. This area was under evacuation notice due to the massive
Dixie Fire that was still several miles away, but spreading that general direction.
62. Following the ignition of the Moon Fire, MAYNARD drove the SUBJECT
VEHICLE nearly 100 miles to Redding, California, stopping at an Arco AM/PM gas station on
Lake Boulevard. I observed MAYNARD at this gas station in Redding where he remained
parked at a gas pump for approximately one hour.

63. Following this trip to the Arco AM/PM gas station in Redding, the tracking data
then showed the SUBJECT VEHICLE drove over 100 more miles along forest highways east of
Redding back towards the Lassen National Forest, only to return all the way back to the Redding
area, specifically a 7-11 gas station located just south of Redding in Anderson, California. I later
reviewed store video recordings of MAYNARD and the SUBJECT VEHICLE arriving and
purchasing a few beverage items at this 7-11 gas station. Following this 7-11 gas station trip,
tracking data then showed the SUBJECT VEHICLE returned all the way back, nearly 100 miles,
to the Lassen National Forest.
64. By August 6, at approximately 6:30 a.m., the tracking data showed the SUBJECT
VEHICLE was parked in a new location, further referred to as Campsite 2. Campsite 2 was not
located along a road, but was several hundred feet from the nearest dirt Forest Service road and
just a few miles from Campsite 1. Similar to Campsite 1, Campsite 2 was a heavily forested
location that was concealed from anybody travelling adjacent roadways. To reach Campsite 2,
MAYNARD had turned off of Highway 44 and on to Conard Road, passing a road closure sign
in the process and entering this emergency closure area. The air, at this point, had become
increasingly thick with smoke that was pouring in from the Dixie Fire. Despite the emergency
closure, closure signs, law enforcement presence at major roads, broadcasted Verizon Wireless
fire and evacuation alert messages, and the heavy smoke, MAYNARD continued seeking out
concealed areas to position himself in the closure area. After driving hundreds of miles after the
Moon Fire, only to return to the area and settle at Campsite 2, all tracking data locations showed
the SUBJECT VEHICLE remained at Campsite 2 for approximately the next 28 hours until
MAYNARD eventually began driving again during the morning hours of August 7, 2021.
B. Ranch Fire on August 7, 2021 (Charged Count for Complaint)

65. On August 7, 2021, at approximately 10:39 a.m., vehicle tracking data showed
that the SUBJECT VEHICLE began travelling away from Campsite 2 and drove along Forest
Service Road 30N42A to Forest Service Road 30N42 and then south along Conard Road on the
Lassen National Forest in Lassen County. Later on this same day and in this same general area
of the Lassen National Forest, officers identified MAYNARD as the driver and sole occupant of

the SUBJECT VEHICLE.
66. Agents began inspecting the locations and routes where the tracking data showed
the SUBJECT VEHICLE had travelled and stopped. From Highway 44, I hiked several hundred
yards towards Campsite 2 where the SUBJECT VEHICLE had been parked for approximately
the previous 28 hours. As I neared Campsite 2, I observed a large column of grey and black
smoke rising from the forest. I ran back to my vehicle and proceeded to notify the local USFS
Fire Dispatch Center. I then returned to the fire, later named the Ranch Fire, and observed the
wildfire burning along the forest floor, trees, and brush—an area that consisted of approximately
½ to 1 acre in size. I then observed the tire track impressions that had been left behind by the
SUBJECT VEHICLE, which were located at the edge of this new wildland fire. According to
the vehicle tracking data, these tire track impressions in the soil were in the same location that
the SUBJECT VEHICLE had just been present for the previous 28 hours. I observed that the
location of Campsite 2 and the recently ignited fire was not along a road. To access this location
where the SUBJECT VEHICLE had been parked, which I could tell by the tire track impressions
at the edge of this new wildland fire, the SUBJECT VEHICLE had been driven off-road and
navigated over 100 feet around trees and brush and was concealed from all roads in the general
area.
67. California Department of Forestry and Fire Protection (CAL FIRE) Law
Enforcement Officer Mark Rotlisberger responded to this new fire to conduct an origin and cause
investigation. Officer Rotlisberger has been a qualified wildland fire investigator for
approximately nine years and has investigated or assisted with the investigation of over 100
wildland fires, to include many wildland arson fires.

68. Officer Rotlisberger located and examined the specific origin area where the
Ranch Fire first ignited. This location was located next to the tire tracks impressions where the
SUBJECT VEHICLE had been present. This origin area was within the Lassen National Forest
and portions of the fire then spread to land owned by Sierra Pacific Industries. Following his
examination of the specific origin area, Officer Rotlisberger determined the fire had first ignited
on the forest floor where the remnants of leaves, pine needles, and broken bottles remained.

Investigators did not locate any sources that had ignited the fire. After considering all potential
causes of the Ranch Fire, Officer Rotlisberger determined the Ranch Fire’s probable cause as
arson. Based on the vehicle tracking data that placed the SUBJECT VEHICLE at the fire’s
origin during the time-frame this fire ignited and learning the results of the origin and cause
investigation findings, the evidence indicated that MAYNARD had set this fire with an unknown
fire-setting device.
C. Conard Fire on August 7, 2021

69. Shortly after I located the Ranch Fire, USFS Special Agent Ted Williams was
inspecting another area approximately three miles away where the tracking data showed the
SUBJECT VEHICLE had travelled towards and then stopped about six minutes after departing
Campsite 2. The tracking data showed that the SUBJECT VEHICLE had stopped in this new
location for over 30 minutes. It was here that Agent Williams discovered a second fire, later
named the Conard Fire. Agent Williams observed this firehad spread through approximately ½
to 1 acre of the Lassen National Forest. According to the tracking data, the SUBJECT
VEHICLE had driven to this exact location and stopped at this location at approximately 10:45
a.m.—just minutes after departing the location where MAYNARD is suspected to have set the
Ranch Fire a few miles away.
70. Officer Rotlisberger conducted the origin and cause investigation of the Conard
Fire. Officer Rotlisberger located and examined the specific origin area where the Conard Fire
first ignited. Officer Rotlisberger did not locate any sources that had ignited this fire. After
considering all potential causes of the Conard Fire, Officer Rotlisberger determined the Conard
Fire’s probable cause as arson. Based on the vehicle tracking data that placed the SUBJECT
VEHICLE within a few feet of the Conard Fire’s specific origin area during the time-frame this
fire ignited and learning the results of the origin and cause investigation findings, the evidence
indicated that MAYNARD had set this fire with an unknown fire-setting device. It appeared that
MAYNARD was in the midst of an arson-setting spree.

D. Conard Arrested in the Closure Area

71. Following the ignition of the two wildland arson fires, the vehicle tracking data
showed the SUBJECT VEHICLE continued travelling around nearby forest roads on the Lassen
National Forest. State and local law enforcement officers responded to the area after overhearing
there were multiple new fires set in the area. MAYNARD eventually returned to an area not far
from the Conard Fire that MAYNARD is suspected to have ignited just a few hours earlier.
Based on my training and experience, I know that arsonists have been known to return to their
fires.
72. California Highway Patrol (CHP) Officer Bob Wilburn observed MAYNARD
driving the SUBJECT VEHICLE through the emergency closure area towards the Conard Fire
that was located just a few miles away. At that time, Officer Wilburn contacted MAYNARD for
his unauthorized presence in the closure area. Officer Wilburn identified the driver and sole
occupant of the SUBJECT VEHICLE as GARY STEPHEN MAYNARD. During Officer
Wilburn’s discussion with MAYNARD, Officer Wilburn detected an odor consistent with
marijuana emanating from the SUBJECT VEHICLE. Officer Wilburn advised me that a
probable cause search for open containers of marijuana was conducted of the SUBJECT
VEHICLE, which resulted in Officer Wilburn locating an open container of marijuana and
issuing a citation to MAYNARD for having an open container of marijuana present in the
SUBJECT VEHICLE. Officer Wilburn advised me that he recalled seeing MAYNARD’s flat-
style cellular phone sitting on the top of the dashboard in the SUBJECT VEHICLE and recalled
that he could see the phone’s front screen through the windshield and the screen displayed a map
application that read somethings along the lines of, “directions to Old Station, avoid highways.”
73. Following the CHP traffic stop of the SUBJECT VEHICLE, Lassen County
Sheriff’s Deputies arrested MAYNARD for his violation of California Penal Code 409.5,
unauthorized entry into a closed emergency area.
74. USFS agents met with MAYNARD and advised MAYNARD of his Miranda
Rights. MAYNARD voluntarily waived his Miranda Rights and agreed to speak with agents.
During this interview, MAYNARD advised that he had stayed in Old Station the previous night.

Old Station is a community approximately 50 miles west of Campsite 2. I know, based on the
tracking data and agents’ observations, that MAYNARD had not been staying in Old Station the
previous night. MAYNARD further advised that he had arrived earlier that day, having driven
from Old Station along Highway 44 and into the forested area where he had been hiking for
about an hour prior to being arrested. MAYNARD denied setting any fires. Agents advised
MAYNARD that his tire tracks were located next to a nearby wildland fire. MAYNARD denied
setting any fires and, at one point, stated that if the agents were going to accuse him of starting
fires that he would defend himself in court.
75. Lassen County Sheriff Deputy Steven Lawton booked MAYNARD in to the
Lassen County Jail for violating California Penal Code 409.5, unauthorized entry into a closed
emergency area. Later that evening, Deputy Lawton advised MAYNARD that a felony charge
of arson (California Penal Code 451) was being added. At that point, Deputy Lawton advised
me that MAYNARD became enraged and began kicking the jail cell door and screamed, “I’m
going to kill you, fucking pig! I told those fuckers I didn’t start any of those fires!”
76. Following MAYNARD’s arrest, the SUBJECT VEHICLE was removed by USFS
officers and is currently being stored as evidence of arson at a secure Forest Service facility in
Susanville. MAYNARD’s personal property, to include his phone, was secured within the
SUBJECT VEHICLE at the time MAYNARD was arrested.
E. Search of Subject Vehicle and Contents

77. Based on my training and experience, I know that vehicles are commonly used by
arsonists during the commission of their fire-setting crimes. I know that vehicles used by
arsonists often contain the instrumentalities of their fire-setting crimes such as matches, lighters,
and incendiary devices. Based on my training and experience, I know that other evidence of
arson is often contained within their vehicles such as items that exhibit burn marks, soot, or ash.
During the course of this investigation, agents determined that MAYNARD appeared to be living
out of the SUBJECT VEHICLE, further leading agents to believe that most of his possessions, to
include any evidence, fruits, and instrumentalities of arson are contained within the SUBJECT
VEHICLE.

78. Based on this investigation, the recently identified cellular phone number being
used by MAYNARD, and the recent observations of CHP Officer Wilburn, I know the
SUBJECT VEHICLE currently contains at least one cellular phone and one laptop computer
because Officer Wilburn told me he observed a cell phone and a laptop computer sitting in plain
view during his traffic stop with MAYNARD. I believe that MAYNARD owned and/or
possessed this cell phone and laptop computer during the time he committed the recent arsons
and these devices therefore contain evidence of MAYNARD’s arson-related activities, such as
photographs, video recordings, and location data. Based on my training and experience, I know
that cell phones and computers often contain particular information about the user’s location
history, internet search history, videos, photographs, electronic communications such as emails
and text messages, notes, and various electronic accounts. I also know through experience, that
it is not uncommon for one person to possess more than one cellular phone.
79. Based on my training and experience, I know that arsonists are often infatuated
with fires and that electronic devices and electronic storage devices may contain records and
information related to arsonists, firefighting, fire departments, law enforcement departments, fire
investigations, fire laws and regulations, incendiary devices, articles related to fires. Based on
my training and experience, I know that many electronic devices have capabilities that may
reveal the location of MAYNARD, the SUBJECT VEHICLE, or devices including maps,
journals, logs and communications in whatever form, as well as digital location data and records
from devices and applications on devices such as cellular phones and GPS devices.
80. I also know, as described above, that MAYNARD has traveled over vast portions
of California over at least the last month. Based on my training and experience, I know that
arsonists commonly set more than one arson fire and that some arsonists scout areas in which to
set fires before setting them. As a result, I believe that information related to MAYNARD’s
travel in the months leading up to the arson fires described above may provide evidence related
to those fires. Arsonists may also conduct internet research regarding fires, locations to set fires,
incendiary devices and conditions favorable for setting fires (such as favorable weather
conditions). This type of research can remain in the search history on a phone or other digital

device long after the internet search is completed. In particular, MAYNARD’s fires as described
above were set in the vicinity of other large ongoing wildfires. Based on this proximity, it is
likely that MAYNARD had previous knowledge that these wildfires were ongoing and selected
the location to set his fires based on that knowledge.
81. Based on my training and experience, I also know that the condition of a vehicle
can be evidence of arson. Evidence that a vehicle is working properly, or working in a manner
inconsistent with having started a particular fire, can be evidence of arson because it eliminates a
potential cause of an arson-fire. As a result, if a vehicle is mechanically inspected and
eliminated as a potential cause of a fire, it is more likely that a fire was intentionally set.
VI. COMPUTERS, ELECTRONIC STORAGE, AND FORENSIC ANALYSIS

82. As described above and in Attachment B, this application seeks permission to
search for records that might be found on in the SUBJECT VEHICLE, in whatever form they are
found. One form in which the records might be found is data stored on a computer’s hard drive
or other storage media. Thus, the warrant applied for would authorize the seizure of electronic
storage media or, potentially, the copying of electronically stored information, all under Rule
41(e)(2)(B).
83. Probable cause. I submit that if a computer or storage medium is in the

SUBJECT VEHICLE, there is probable cause to believe those records will be stored on that
computer or storage medium, for at least the following reasons:
a. Based on my knowledge, training, and experience, I know that computer files
or remnants of such files can be recovered months or even years after they
have been downloaded onto a storage medium, deleted, or viewed via the
Internet. Electronic files downloaded to a storage medium can be stored for
years at little or no cost. Even when files have been deleted, they can be
recovered months or years later using forensic tools. This is so because when
a person “deletes” a file on a computer, the data contained in the file does not
actually disappear; rather, that data remains on the storage medium until it is
overwritten by new data.

b. Therefore, deleted files, or remnants of deleted files, may reside in free space
or slack space—that is, in space on the storage medium that is not currently
being used by an active file—for long periods of time before they are
overwritten. In addition, a computer’s operating system may also keep a
record of deleted data in a “swap” or “recovery” file.
c. Wholly apart from user-generated files, computer storage media—in

particular, computers’ internal hard drives—contain electronic evidence of
how a computer has been used, what it has been used for, and who has used it.
To give a few examples, this forensic evidence can take the form of operating
system configurations, artifacts from operating system or application
operation, file system data structures, and virtual memory “swap” or paging
files. Computer users typically do not erase or delete this evidence, because
special software is typically required for that task. However, it is technically
possible to delete this information.
d. Similarly, files that have been viewed via the Internet are sometimes
automatically downloaded into a temporary Internet directory or “cache.”

84. Forensic evidence. As further described in Attachment B, this application seeks
permission to locate not only computer files that might serve as direct evidence of the crimes
described on the warrant, but also for forensic electronic evidence that establishes how
computers were used, the purpose of their use, who used them, and when. There is probable
cause to believe that this forensic electronic evidence will be on any storage medium in the
SUBJECT VEHICLE because:
a. Data on the storage medium can provide evidence of a file that was once on the
storage medium but has since been deleted or edited, or of a deleted portion of a
file (such as a paragraph that has been deleted from a word processing file).
Virtual memory paging systems can leave traces of information on the storage
medium that show what tasks and processes were recently active. Web browsers,
e-mail programs, and chat programs store configuration information on the

storage medium that can reveal information such as online nicknames and
passwords. Operating systems can record additional information, such as the
attachment of peripherals, the attachment of USB flash storage devices or other
external storage media, and the times the computer was in use. Computer file
systems can record information about the dates files were created and the
sequence in which they were created, although this information can later be
falsified.
b. As explained herein, information stored within a computer and other electronic
storage media may provide crucial evidence of the “who, what, why, when,
where, and how” of the criminal conduct under investigation, thus enabling the
United States to establish and prove each element or alternatively, to exclude the
innocent from further suspicion. In my training and experience, information
stored within a computer or storage media (e.g., registry information,

communications, images and movies, transactional information, records of
session times and durations, internet history, and anti-virus, spyware, and
malware detection programs) can indicate who has used or controlled the
computer or storage media. This “user attribution” evidence is analogous to the
search for “indicia of occupancy” while executing a search warrant at a residence.

The existence or absence of anti-virus, spyware, and malware detection programs
may indicate whether the computer was remotely accessed, thus inculpating or
exculpating the computer owner. Further, computer and storage media activity
can indicate how and when the computer or storage media was accessed or used.
For example, as described herein, computers typically contains information that

log: computer user account session times and durations, computer activity
associated with user accounts, electronic storage media that connected with the
computer, and the IP addresses through which the computer accessed networks
and the internet. Such information allows investigators to understand the

chronological context of computer or electronic storage media access, use, and
events relating to the crime under investigation. Additionally, some information
stored within a computer or electronic storage media may provide crucial
evidence relating to the physical location of other evidence and the suspect. For
example, images stored on a computer may both show a particular location and
have geolocation information incorporated into its file data. Such file data
typically also contains information indicating when the file or image was created.
The existence of such image files, along with external device connection logs,
may also indicate the presence of additional electronic storage media (e.g., a
digital camera or cellular phone with an incorporated camera). The geographic
and timeline information described herein may either inculpate or exculpate the
computer user. Last, information stored within a computer may provide relevant
insight into the computer user’s state of mind as it relates to the offense under
investigation. For example, information within the computer may indicate the
owner’s motive and intent to commit a crime (e.g., internet searches indicating
criminal planning), or consciousness of guilt (e.g., running a “wiping” program to

destroy evidence on the computer or password protecting/encrypting such
evidence in an effort to conceal it from law enforcement).
c. A person with appropriate familiarity with how a computer works can, after
examining this forensic evidence in its proper context, draw conclusions about
how computers were used, the purpose of their use, who used them, and when.
d. The process of identifying the exact files, blocks, registry entries, logs, or other
forms of forensic evidence on a storage medium that are necessary to draw an
accurate conclusion is a dynamic process. While it is possible to specify in
advance the records to be sought, computer evidence is not always data that can
be merely reviewed by a review team and passed along to investigators. Whether

data stored on a computer is evidence may depend on other information stored on

the computer and the application of knowledge about how a computer behaves.
Therefore, contextual information necessary to understand other evidence also
falls within the scope of the warrant.
e. Further, in finding evidence of how a computer was used, the purpose of its use,
who used it, and when, sometimes it is necessary to establish that a particular
thing is not present on a storage medium. For example, the presence or absence
of counter-forensic programs or anti-virus programs (and associated data) may be
relevant to establishing the user’s intent.
f. I also know that when an individual uses a computer or other electronic device in
the course of committing a wildland arson, the individual’s computer may serve
both as an instrumentality for committing the crime, and also as a storage medium
for evidence of the crime. The computer can be an instrumentality of the crime
because it can be used as a means of committing the criminal offense, for
example, by searching the internet for information regarding arson, setting fires,
tools and techniques used by investigators investigating arson-fires as well as
techniques for making it more difficult to detect arson, fire suppression and
detection methods, and weather reports (to determine if conditions are favorable
for setting an arson fires). The computer is also likely to be a storage medium for
evidence of crime. From my training and experience, I believe that a computer
used to commit a crime of this type may contain: data that is evidence of how the
computer was used; data that was sent or received; notes, photographs or videos
as to how the criminal conduct was achieved; records of Internet discussions

about the crime; and other records that indicate the nature of the offense.
85. Necessity of seizing or copying entire computers or storage media. In most cases,
a thorough search of a premises for information that might be stored on storage media often
requires the seizure of the physical storage media and later off-site review consistent with the

warrant. In lieu of removing storage media from the premises, it is sometimes possible to make
an image copy of storage media. Generally speaking, imaging is the taking of a complete
electronic picture of the computer’s data, including all hidden sectors and deleted files. Either
seizure or imaging is often necessary to ensure the accuracy and completeness of data recorded
on the storage media, and to prevent the loss of the data either from accidental or intentional
destruction. This is true because of the following:

a. The time required for an examination. As noted above, not all evidence takes the
form of documents and files that can be easily viewed on site. Analyzing
evidence of how a computer has been used, what it has been used for, and who
has used it requires considerable time, and taking that much time on premises
could be unreasonable. As explained above, because the warrant calls for forensic
electronic evidence, it is exceedingly likely that it will be necessary to thoroughly
examine storage media to obtain evidence. Storage media can store a large
volume of information. Reviewing that information for things described in the
warrant can take weeks or months, depending on the volume of data stored, and
would be impractical and invasive to attempt on-site.
b. Technical requirements. Computers can be configured in several different ways,
featuring a variety of different operating systems, application software, and
configurations. Therefore, searching them sometimes requires tools or knowledge

that might not be present on the search site. The vast array of computer hardware
and software available makes it difficult to know before a search what tools or
knowledge will be required to analyze the system and its data on the Premises.
However, taking the storage media off-site and reviewing it in a controlled
environment will allow its examination with the proper tools and knowledge.
c. Variety of forms of electronic media. Records sought under this warrant could be
stored in a variety of storage media formats that may require off-site reviewing
with specialized forensic tools.

86. Nature of examination. Based on the foregoing, and consistent with Rule
41(e)(2)(B), the warrant I am applying for would permit seizing, imaging, or otherwise copying
storage media that reasonably appear to contain some or all of the evidence described in the
warrant, and would authorize a later review of the media or information consistent with the
warrant. The later review may require techniques, including but not limited to computer-assisted
scans of the entire medium, that might expose many parts of a hard drive to human inspection in
order to determine whether it is evidence described by the warrant.
VII. CONCLUSION
87. Based on the above facts, I submit that there is probable cause to believe that
GARY STEPHEN MAYNARD committed violations of 18 U.S.C. § 1855, which criminalizes
willfully setting fire to any timber, underbrush, or grass upon lands owned by the United States.
88. Based on the facts set forth in this Affidavit, I request that search warrants be
issued for the vehicle, described further in Attachments A, for the evidence described in
Attachment B.
89. Based on the same facts as set forth in this Affidavit, I also request that a criminal
complaint and arrest warrant be issued for GARY STEPHEN MAYNARD.
VIII. SEALING REQUEST

90. I further request that the Court seal the warrants and this Affidavit and the
application in support thereof, except that copies of the warrant in full or redacted form may be
maintained by the United States Attorney’s Office and may be served on Special Agents and
other investigative and law enforcement officers of the USFS, federally deputized state and local
law enforcement officers, and other government and contract personnel acting under the
supervision of such investigative or law enforcement officers, as necessary to effectuate the
warrants.
91. These documents pertain to and discuss an ongoing criminal investigation that is
not public nor is all information regarding the ongoing investigation known to its target.
Accordingly, there is good cause to seal these documents because their premature disclosure may
jeopardize the investigation by disclosing the facts known to investigators before they can

complete the investigation and preserve all of the evidence. Sealing these documents will also
better ensure the safety of agents and others charged with executing the warrants in the event that
MAYNARD is released from state custody before agents are able to serve the arrest warrant
sought in this application.
92. I further request that the criminal complaint and affidavit be unsealed upon arrest
of defendant MAYNARD.
Respectfully submitted,
/s/ Tyler Bolen

TYLER BOLEN
Special Agent
U.S. Forest Service
Subscribed and sworn to before me telephonically on: August 8, 2021
The Honorable Dennis M. Cota

UNITED STATES MAGISTRAT JUDGE
Dated: August 8, 2021

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
/s/ Michael D. Anderson

Approved as to form by AUSA MICHAEL D.
ANDERSON

Affidavit in Support of An Application For A Search Warrant and Arrest Warrant

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Case 3:21-mj-00007-DMC Document 1-1 Filed 08/08/21 Page 1 of 32

AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR A SEARCH WARRANT

I. INTRODUCTION AND AGENT BACKGROUND

application for an arrest warrant.

years. I am currently assigned to the Shasta-Trinity National Forest; however, I periodically

lands owned by the United States, in violation of 18 U.S.C. § 1855.

Investigation 310—Wildland Fire Investigation Case Development Course. During these

courses of training, I received training in the professional standards of wildland fire

including many fires determined to be acts of arson. I have investigated, identified,

observations and on my training and experience, as well as on consultations with other

II. SCOPE OF REQUESTED WARRANTS

7. This affidavit is submitted in support of an application for a warrant to search a

Attachment B as evidence or instrumentalities of the specified federal offenses.

AFFIDAVIT OF TYLER BOLEN 2

about this matter.

A. Fire Investigation Techniques.

eventually leads to fire investigators making a causal determination. Typically, this

AFFIDAVIT OF TYLER BOLEN 3

arson/incendiary—fires that are deliberately or maliciously set by humans. Based on my training

reduces the risk they will be seen by witnesses.

B. Locations Where Evidence Is Likely to Be Found.

vehicles under their dominion and control.

cellular devices, or on their personal computers contained in their residences.

AFFIDAVIT OF TYLER BOLEN 4

IV. ARSON INVESTIGATIONS ON THE SHASTA TRINITY NATIONAL FOREST

A. Investigation of the Cascade Fire on July 20, 2021

AFFIDAVIT OF TYLER BOLEN 5

but consistent with arson.

the SUBJECT VEHICLE.

AFFIDAVIT OF TYLER BOLEN 6

registered owner, Gary MAYNARD.

centered and immobile.

AFFIDAVIT OF TYLER BOLEN 7

where the SUBJECT VEHICLE had been recently positioned.

AFFIDAVIT OF TYLER BOLEN 8

passenger-side tire impressions, was approximately 5’ 9” to 5’ 10” in length. I located these

B. Investigation of the Everitt Fire on July 21, 2021

AFFIDAVIT OF TYLER BOLEN 9

within its area of ignition.

AFFIDAVIT OF TYLER BOLEN 10

C. Further Investigation of Maynard and the Subject Vehicle

39. According to the physical characteristics listed on MAYNARD’s driver’s license,

SUBJECT VEHICLE as provided by Inv. Murphy and Witness 1.

40. Although MAYNARD’s California driver’s license and MAYNARD’s

AFFIDAVIT OF TYLER BOLEN 11

D. Investigation of Maynard’s Suspected Cell Phone Number

MAYNARD’s phone number as (XXX) XXX-0738—the same phone number that

July 26, 2021, to check his EBT account balance.

Safeway store in Susanville, California on July 24, 2021.

AFFIDAVIT OF TYLER BOLEN 12

E. Bradley Fire on July 11, 2021

AFFIDAVIT OF TYLER BOLEN 13

no criminal charges having been filed.

the Bradley Fire appeared similar to the SUBJECT VEHICLE.

Bradley Fire are similar to those of the SUBJECT VEHICLE.

F. Sweetbriar Fire on July 6, 2021

AFFIDAVIT OF TYLER BOLEN 14