Case 8:14-mj-00084-WGC Document 1 Filed 01/09/14 Page 1 of 1

_FILED AO 91 (Rev. 08/09) Criminal Complaint LOGGED

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UNITED STATES DISTRICT COUR1JAN09 ZO!

for the
BY

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DEPUTY

CLERK AT GREENBELT DISTRYC.S. DISTRICT COURT T OF MARYLAND

United States of America

v.

David DiPaolo
Defendant(s)

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Case No.

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CRIMINAL COMPLAINT
I, the complainant in this case, state that the fonowing is true to the best of my knowledge and belief.

On or about the date(s) of _______ District of Code Section 18: 1112

December 28,2013 Maryland

in the county of , the defendant(s) violated: Offense Description Manslaughter

Montgomery

in the

This criminal complaint is based on these facts: As set forth in the attached Affidavitof Investigator Bumbray, there is probable cause to believe that DiPaolo committed manslaughter in violation of 18 U.S.C.S 1112 on or about December 28, 2013 in Carderock, Montgomery County, Mar:yland.

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Continued on the attached sheet.

Complainant's signature

Jose Bumbray, Investigator. U.S. Park Police

Printed name and title

Sworn to before me and signed in my presence.

Date:

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Judge's signature

City and state:

William Connelly, Chief U.S. Magistrate Judge

Printed name and title

LAU%4 Case 8:14-mj-00084-WGC Document 1-1 Filed 01/09/14 Page 1 of 5

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AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAIN-TLOGGED =RECEIV~~ I, Jose Bumbray, being first duly sworn, hereby depose and state as folIoYAN 0 9 2014 This affidavit is submitted in support of a criminal complaint ~R~aMi8'~Ii1i:l?~lo b,s'Mcr OF MARYLAND
BY

("DiPaolo").

As set forth below, there is probable cause to believe that DiPaolo committed

lEPUTY

manslaughter in violation of 18 U.S.c. Montgomery County, Maryland.

1112 on or about December 28, 2013 in Carderock,

INTRODUCTION Your affiant is a sworn member of the United States Park Police and has been so employed for approximately eleven and a half (11.5) years. Your affiant is currently assigned to the Criminal Investigations Branch, Major Crimes Unit, where I have served as a Criminal Investigator for approximately three and a half (3.5) years. The facts in this affidavit come from my personal observations, experience, and information obtained from other law enforcement my training and

officers, witnesses, and

reports. This affidavit is intended to show merely that there is sufficient probable cause for the requested complaint and does not set forth all of my knowledge about this matter. FACTUAL BACKGROUND On Saturday, December 28, 2013 at approximately 1351 hours, members of the United States Park Police were dispatched to Carderock, an area within the Chesapeake and Ohio Canal National Historic Park, located along the 8800 block of the Clara Barton Parkway in Bethesda, Montgomery County, Maryland, for the report of an injured person. Carderock is administered by the National Park Service and is within the primary law enforcement jurisdicti,On of the United States Park Police.

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Arriving United States Park Police Officers were directed to the scene by Montgomery County Fire Department personnel. The scene was located on a trail at the base of a rock face, The injured person ("victim") was discovered by The victim was suffering

along the edge of a Potomac River tributary.

witnesses laying on the trail with his head against a wooden beam. from massive head trauma.

The' victim was airlifted to Suburban Hospital in Bethesda,

Maryland, where he later died of his injuries. Investigation discovered, revealed that approximately one (I) hour pnor to the victim being

a witness ("WI")

observed a verbal altercation in the Carderock parking area WI has known the victim and

between the victim and David DiPaolo, a.k.a David Jennings.

DiPaolo for more than twenty (20) years. After the altercation, DiPaolo returned to the minivan, which at least one witness previously had seen him driving. WI walked with the victim along the path to the top of the rock face. WI and the victim separated. WI walked to an area at the top of the cliff leaving the victim to walk to the bottom, which is the area where the victim, an experienced rock-climber, would normally climb. WI

along with a second witness ("W2") anchored their respective rock-climbing ropes at the top of the rock face. This took approximately fifteen (15) minutes. After the ropes had been secured, WI peered over the edge of the rock face in order to check the ropes and did not see anyone at the bottom. WI and W2 then walked from their

location at the top of the rock face to the bottom of the rock face, which is approximately a three (3) minute walk. When they reached the bottom of the rock face, WI and W2 both observed DiPaolo running up the trail. W2 has also known DiPaolo for a considerable amount of time. WI called DiPaolo by name as DiPaolo ran past WI on the trail. DiPaolo did not respond.

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Within approximately ten (10) seconds of passing DiPaolo, WI and W2 rounded a bend and discovered the victim, laying on the trail, bleeding profusely from the head. The area where the victim was discovered is almost directly below the area where WI peered over the rock face three (3) minutes earlier and saw no one. WI, W2, and other witnesses described DiPaolo as wearing a green hooded sweatshirt, frayed pants, one white shoe, and one black shoe, and carrying an orange camouflage backpack. A number of potential witnesses were identified however no one saw the victim climbing the rock face at any time on December 28, 2013, nor did anyone witness how the victim obtained the wounds to his head. United States Park Police Officers and Detectives did not find the minivan
III

the

Carderock parking area. A computer check of the Hyundai revealed the minivan is registered to DiPaolo's father. Law enforcement officers attempted to locate the minivan but were not able to do so. On Sunday, December 29, 2013, members of the United States Park Police attended the post mortem examination of the victim, conducted at the Office of the Chief Medical Examiner in Baltimore, Maryland. documented. During the examination, numerous open fractures to the skull were

The majority of these wounds appeared to be similar in nature, in that they are

approximately the same shape and length. Lacerations also were documented on the back of the victim's left and right hands. No other wounds consistent with a fall were discovered during the examination, nor did the victim suffer from any other injuries to any part of the body besides the skull and hands. On December 29, 2013, detectives responded to the residence of DiPaolo's father and met with DiPaolo's father. According to DiPaolo's father, DiPaolo drives the minivan.

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DiPaolo's father indicated that he had not seen DiPaolo since Friday, December 27,2013, when DiPaolo left DiPaolo's father's residence in the minivan. DiPaolo's father also stated that on December 29, 2013, DiPaolo left his father a Your affiant subsequently made

voicemail message from a New York telephone number.

contact with an individual at that number who advised that he works at a gas station in Chatham, New York and had let a man use his telephone. On Sunday, December 29, 2013, your affiant viewed the victim's pants, which were intact and showed no obvious signs of scraping or tearing which may be indicative of a fall. On January 8, 2014, a police officer with the New York State Police conducted a traffic stop on the minivan, which DiPaolo was driving in the vicinity of Glens Falls, New York. DiPaolo agreed to accompany the police to a satellite station, where he remained voluntarily until a detective and a sergeant with the United States Park Police arrived. The detective and

sergeant advised DiPaolo of his Miranda rights, which he waived orally and in writing. DiPaolo agreed to speak with the detective and sergeant. DiPaolo admitted that on December 28, 2013, he and the victim had an argument in the parking lot at Carderock. After the argument, DiPaolo walked to the bottom of the rockface and turned the comer. DiPaolo stated that the next thing he remembers is being choked by the victim. DiPaolo claimed that while the victim was choking DiPaolo, DiPaolo and the victim fell to the ground and started to roll around on the ground. DiPaolo indicated that he was losing consciousness. DiPaolo claimed that he then found a silver-

.colored claw hammer with a red handle on the ground nearby. With his right hand, DiPaolo used the claw hammer to strike the victim in the head. DiPaolo stated that he struck the victim until the victim let go of DiPaolo. DiPaolo then jumped up, threw the claw hammer, and took off.

DiPaolo insisted that the victim had his hands around DiPaolo's neck the entire time. When the

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detective and sergeant questioned DiPaolo then, as to why the victim had wounds on his hands, and suggested that if DiPaolo's story was true, then DiPaolo must have been swinging the claw hammer at his own neck, DiPaolo did not answer. DiPaolo also provided a written statement in which he stated, among other things, that he was being choked by the victim, that he didn't know what to do, this wasn't supposed to happen, and "I'm sorry this happened. I didn't want it to happen. I didn't know it was going to happen." CONCLUSION Based on the aforementioned facts and circumstances, your affiant submits respectfully that there is probable cause to believe that David DiPaolo committed manslaughter in violation of 18 U.S.C. ~ 1112 on or about December 28, 2013 in Carderock, Montgomery Maryland. FURTHER YOUR AFFIANT SAYETH NOT.
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County,

Jose Bumbray, Investigator United States Park Police January 9, 2014