United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER DENYING IN PART AND
GRANTING IN PART DEFENDANT'S MOTIONS
MATTER comes before the Court on Defendant's Motion to
Compel Disclosure of the Identity of the Confidential
Informant Referenced in Discovery Materials, filed January
17, 2018 (Doc. 29), and Motion for Bill of
Particulars, filed January 17, 2018 (Doc.
30). Having considered the parties' written and
oral arguments and applicable law, the Court finds that
Defendant's motions are generally not well-taken, and
therefore, are DENIED IN PART. The Motion
for Bill of Particulars is GRANTED IN PART
as specified below.
September 21, 2017, a grand jury indicted Defendant with
three counts of Interstate Stalking pursuant to 18 U.S.C.
§ 2261A(2). The Interstate Stalking statute provides:
(2) with the intent to kill, injure, harass,
intimidate…uses the mail, any interactive
computer service or electronic communication service or
electronic communication system of interstate commerce, or
any other facility of interstate or foreign commerce to
engage in a course of conduct that--
(A) places that person in reasonable fear of the
death of or serious bodily injury to a person
described in clause (i), (ii), or (iii) of paragraph (1)(A);
(B) causes, attempts to cause, or would be
reasonably expected to cause substantial emotional
distress to a person described in clause (i), (ii),
or (iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) of this
18 U.S.C. § 2261A (emphasis added).
indictment alleges in Count 1:
between February 1, 2016 and September 1, 2017, in the
District of New Mexico, the defendant, PETER
FITZPATRICK, with the intent to harass, and
intimidate, used the mail, any interactive computer service
and electronic communication service and electronic
communication system of interstate commerce, and any other
facility of interstate and foreign commerce, including a
telephone, to engage in a course of conduct that placed J.O.,
a person known to the grand jury, in reasonable fear of death
and seriously bodily injury, and caused, attempted to cause,
and would reasonably be expected to cause substantial
emotional distress to J.O.
2 and 3 are similar as to victims T.B. and S.B..
was employed at the Mexican Gray Wolf Recovery Program
(“MGWRP”), which was part of the United States
Fish and Wildlife Service (“USFWS”). On July 4,
2014, Defendant attended a party with his co-workers in
Arizona. At the party, Defendant became angry and accused a
co-worker of stealing his dog. Defendant allegedly yelled at
the co-worker, causing the co-worker's own dog to bark at
Defendant. Defendant pulled out a gun and pointed it at the
co-worker's dog. After this incident, the MGWRP evacuated
employees from the Alpine, Arizona office and moved them to
Springerville, Arizona. Defendant was arrested by Arizona
state law enforcement on July 7, 2014 and charged with
disorderly conduct with a weapon. Defendant resigned on July
12, 2014 in lieu of termination.
January 2, 2015, an informant contacted a biologist with the
MGWRP and reported his or her concerns about the
defendant's mental health. The informant stated he or she
did not think anyone was in immediate danger, but wanted to
let them know that Defendant was angry with the USFWS.
Although Defendant had not stated he was going to retaliate,
the informant was concerned that the defendant may kill
himself or take revenge and then kill himself. The informant
stated he or she was a childhood friend of Defendant and
believed Defendant might be “crazy”, but had not
spoken with Defendant for six months.
January 6, 2015, the informant contacted special agent Roper.
The informant stated that he had last spoken to Defendant six
months prior. The informant stated that Defendant seemed
afraid, angry, paranoid, and seemed to be having mental
safety briefing was held for members of the MGWRP on January
13, 2015. Employees were informed they had received
information that Defendant was mentally unstable and could
pose a threat to USFWS and Arizona Game and Fish Department
(“AZGFD”) personnel. Employees were told that
Defendant had not made any direct threats, but he was
experiencing paranoia, anger, and depression. The employees
were told that it did not appear that Defendant was residing
in Arizona or New Mexico.
February 2015, federal agents visited Defendant's
parents' home and also spoke to Defendant on the phone.
The informant talked to another agent on April 22, 2015, and
reported that he or she had spoken to Defendant a few months
ago, and Defendant seemed to be depressed, but that the
informant may have overreacted in the initial assessment. The
informant told SA Roper that Defendant never made any threats
or remarks about violence to anyone, except to himself.