United States District Court, D. Nevada
before the court is Magistrate Judge Cam Ferenbach’s
report and recommendation. (ECF No. 61). Defendant Douglas
Haig filed an objection (ECF No. 62) and plaintiff United
States of America (“the government”) filed a
response (ECF No. 63).
before the court is Haig’s motion to dismiss. (ECF No.
45). The government filed a response (ECF No. 51), to which
Haig replied (ECF No. 57).
action arises from the investigation into the October 1,
2017, mass shooting, where Stephen Paddock opened fire on a
crowd of over twenty-two thousand (22,000) concertgoers at
the Route 91 Harvest music festival on 3901 South Las Vegas
Boulevard, Las Vegas, Nevada. (ECF No. 1).
evening of October 1, 2017, Paddock positioned himself in
rooms 134 and 135 on the 32nd floor of the Mandalay Bay
Resort and Casino, which were in an elevated position
overlooking the concert venue. Id. Paddock brought
with him a remarkable arsenal including over twenty (20)
firearms, hundreds of rounds of ammunition (mostly in
preloaded high-capacity magazines), and range finding
devices. Id. At approximately 10:05 p.m., Paddock
used these weapons to attack the concertgoers from his hotel
rooms, killing fifty-eight (58) and injuring eight hundred
and sixty-nine (869) people.
obtaining and executing search warrants on Paddock’s
hotel rooms, law enforcement officials found Paddock’s
body, the weapons, and hundreds of rounds of spent
ammunition. Id. The officers and agents also found
an Amazon.com cardboard shipping box in the hotel rooms,
marked with the name Douglas Haig and the address 4323 East
Encanto Street, Mesa, Arizona. Id.
October 2, 2017, and October 5, 2017, Bureau of Alcohol,
Tobacco, Firearms and Explosives (“ATF") agents
and Federal Bureau of Investigation (“FBI”)
agents arranged interviews with Douglas Haig and his business
partner (hereinafter “Associate”). Id.
Haig and Associate admitted that they had interacted with
Paddock on multiple occasions. Id. Their first
interaction with Paddock was on or about August 27, 2017, at
a gun show in Las Vegas Nevada. Id. Paddock browsed
the ammunition samples at their booth and purchased forty to
fifty (40-50) rounds of .308 caliber incendiary ammunition.
and Associate’s second interaction with Paddock was in
early September 2017 at a gun show in Phoenix, Arizona.
Id. Haig stated that Paddock attempted to purchase
bulk ammunition and that they exchanged telephone numbers to
coordinate a future transaction. Id.
further stated that on September 19, 2017, he spoke with
Paddock on the telephone and arranged to complete an
ammunition purchase that day. Id. Paddock arrived at
Haig’s residence and purchased six hundred (600) rounds
of .308 caliber (7.62mm) tracer ammunition as well as one
hundred and twenty (120) rounds of M196 .223 caliber tracer
ammunition. Id. According to Haig, he put the rounds
in the Amazon.com shipping box, which law enforcement
officials found in Paddock’s hotel rooms. Id.
Haig noted that Paddock purchased the munitions with cash and
took the time to put on gloves prior to placing the box into
the trunk of his vehicle. Id.
and FBI agents asked Haig whether he manufactured the
ammunition that he sold to Paddock. (ECF No. 42). Haig
repeatedly claimed that Lake City Army Ammunition Plant
manufactured the ammunition that he sold. Id. Haig
also stated that he manufactures ammunition only for his
personal use. Id
these interviews, the agents observed reloading equipment in
Haig’s shop, which was in the backyard of his residence
located at 4323 East Encanto Street, Mesa, Arizona. (ECF No.
1). Haig voluntarily provided the agents with a sample of
ammunitions that he sells to customers and claimed that the
ammunition from the Las Vegas crime scene would not have his
tool marks. Id.
investigators subsequently forwarded evidence from the Las
Vegas crime scene to a laboratory for forensic analysis.
Id. The examination revealed that: (1) two rounds of
unfired .308 caliber cartridges from Paddock’s hotel
rooms had Haig’s fingerprints; (2) the cartridges had
reloading equipment tool marks; and (3) the cartridges
contained armor piercing/incendiary bullets. Id.
October 19, 2017, the FBI obtained and executed a search
warrant at Haig’s residence. Id. Law
enforcement officials seized over one hundred (100) items,
including live ammunition, reloading equipment, and
ammunition sales records. Id. Laboratory analysis
confirmed that the ammunition from Haig’s residence was
reloaded armor piercing ammunition and contained tool marks
consistent with the marks on the reloaded armor piercing
rounds from Paddock’s hotel rooms. Id. Haig
does not have a license to manufacture armor piercing
of the sales records revealed that Haig had engaged in over
one hundred (100) sales of armor piercing ammunition
throughout the country. Id. Three of these sales
were with customers residing in the state of Nevada.
Id. Law enforcement officials interviewed these
customers and discovered that two of the sales occurred in
person at the Cashman Center in Las Vegas, Nevada.