United States District Court, D. Nevada
before the court is plaintiff United States of America's
(“the government”) motion in limine to
exclude arguments and evidence regarding the Second
Amendment. (ECF No. 42). Defendant Douglas Haig filed a
non-opposition response. (ECF No. 59).
before the court is the government's motion in
limine to exclude arguments and evidence regarding
prosecutorial charging decisions and allegations of selective
prosecution. (ECF No. 53). Haig filed a non-opposition
response. (ECF No. 60).
before the court is Haig's motion in limine to
exclude evidence regarding armor piercing and tracer
ammunition. (ECF No. 64). The government filed a response
(ECF No. 75), to which Haig replied (ECF No. 77).
before the court is Haig's motion in limine to
exclude Erich Smith's expert testimony regarding toolmark
evidence. (ECF No. 80). The government filed a response (ECF
No. 82), to which Haig replied (ECF No. 84).
action arises from the investigation into the October 1,
2017, mass shooting, where Stephen Paddock opened fire on a
crowd of over 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 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 and injuring 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 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 600 rounds of .308 caliber
(7.62mm) tracer ammunition as well as 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 During 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 toolmarks. 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 toolmarks; 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 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 toolmarks 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 ammunition.
of the sales records revealed that Haig had engaged in over
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. Id. The third
sale was an online transaction and the ammunition was shipped
to a residence in Elko, Nevada. Id.
August 22, 2018, a grand jury in the District of Nevada
returned an indictment charging Haig with one count of
engaging in the business of manufacturing ammunition without
a license in violation of 18 ...