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Affidavit of Probable Cause for Richard S. Baumhammers

Tuesday, May 02, 2000

I, your affiant Det. Lt. David Walsh have been an Allegheny County Police officer for more than 20 years. I have approximately 15 years investigative experience. I am current [sic] assigned as the Commanding Officer of the Allegheny County Police Department's Violent Crimes/Homicide Unit. I either know all of the information contained herein first-hand or I learned it from other police officers involved in these investigations directly or indirectly through police documents kept during the normal course of police business. All of the witnesses who provided information contained within this affidavit have been identified and are known to officers involved in the investigation. All will be available to testify at any proceedings arising from this issuance of this process. Their identities will not be disclosed as to protect their privacy and to maintain the integrity of these continuing investigations.

At 2 p.m. Friday, April 28, 2000, Scott Township police called Allegheny County Police Central Communications and requested Violent Crimes/Homicide detectives respond to the Scott Towne Shops 2101 Greentree Rd., at the India Groceria for a multiple shooting incident. I was immediately notified of the request and detailed detectives to respond. A few minutes later Det. Sgt. Lee Torbin and I began responding to the scene. A few minutes into our response we were advised by ACPD Central Communications (ACPDCC) that shots had been fired at a synagogue located at 1910 Cochran Rd. in Scott Twp. ACPD detective units not already at the India Groceria scene responded to the synagogue and reported that the building had been hit by gunfire but no one had been injured. At approximately 2:19 p.m. we were advised by ACPDCC that Mt. Lebanon PD and Fire Department was requesting Violent Crimes/Homicide detectives respond to 788 Elm Spring Rd. for a suspicious fire with one fatality. I detailed additional detectives to that scene. While still enroute to the Scott Twp. scene I was advised by ACPDCC that Scott PD officers at the scene had obtained a description of the Actor and his vehicle that included a license number: PA reg. BFW-9916. A BMV check of that number disclosed that it was registered to Richard S. Baumhammers of 792 Elm Spring Rd. in Mt. Lebanon. ACPDCC checked with PSP Firearms Section and learned that Baumhammers was on record as having purchased a Smith & Wesson .357 magnum revolver. We arrived at the Scott Twp. scene at approximately 2:30 p.m. Between 2:15 p.m. and our arrival at the Scott scene ACPDCC also notified us a of shooting incident at the Ahavath Achim synagogue, Chestnut and Lydia Sts. in Carnegie and a shooting at the Ya Fei in Robinson Towne Center, Robinson Twp. We were advised there were two confirmed dead at the Robinson Twp. scene. I detailed additional detectives to those scenes.

When Sgt. Torbin and I arrived at the India Groceria scene in Scott Twp. we were advised by detectives there that two men had been shot and transported to area hospitals. The victim's [sic] were identified as Sandit[sic] PATEL, an Indian male adult and Anil THAKUR, an Indian male adult. Patel had been transported to Mercy Hospital where he remains at this time in critical condition. Thakur was transported to AGH. Both had sustained multiple gunshot wounds (GSW). Thakur was subsequently pronounced dead at 5:32 p.m. at AGH. We were informed that witnesses to the shooting were being interviewed and that a detailed physical description of the Actor and his vehicle to include license number had been obtained. We were provided with the following descriptive information relating to the Actor: A W/M over 6 ' in height and weighing over 215#; light colored hair, tan jacket, dark pants, carrying a brown brief case and armed with a large revolver.

The Actor fled the scene in a black Jeep Cherokee bearing PA reg. BFW-9916. According to detectives who processed the scene no spent cartridge casings were found, indicative of a revolver being used. Spent projectile evidence recovered indicated that the projectiles were unjacketed lead bullets. Witness(es) interviewed told detectives that the Actor could be identified if seen again. I order [sic] that a computer and radio alert be broadcast containing all descriptive information.

Detectives who investigated the shooting incident at Beth El Synagogue, 1910 Cochran Rd., Scott Twp. told us that they uncovered evidence of having been fired into the building through door(s) and/or windows(s). Evidence of spent projectiles recovered at the scene were unjacketed lead and no spent cartridge casings were recovered, again indicative of a revolver being used. Witness(es) interviewed said that a W/M in his 30's, over 6' tall, wearing a brown jacket and dark colored sunglasses fire[sic] at the synagogue multiple times and then run[sic] from the scene.

Detectives who investigated the shooting incident at Ahavith Achim snynagogue, Chestnut and Lydia Sts., Carnegie, told us that multiple gunshots had been fired into the building through door(s) and/or window(s). Evidence of spent projectiles recovered at the scene were unjacketed lead and no spend cartridge casings were recovered, again indicative of a revolver being used. Witness(es) interviewed said that a W/M in his 30's, over 6' tall, wearing a brown jacket and dark colored sunglasses fire [sic] a long barreled revolver at the synagogue multiple times and then run [sic] from the scene.

Detectives who investigated the scene at 788 Elm Spring Rd., Mt. Lebanon where Anita Gordon, W/F/A, told us that the investigators from the Allegheny County Fire Marshall's Office found evidence of an incendiary device and accelerant inside of the house. The incendiary device was described to us as being a "molotov cocktail" and was made from a bottle containing a petroleum based accelerant and a piece of cloth inserted as a wick. We were also told by detectives who processed the scene that the body of Anita Gordon showed evidenced of having been struck by multiple gunshots. Fragments of copper jackets commonly used in the manufacture of jacketed bullets was found at the scene. No spend cartridge casings were found, again indicating the use of a revolver. Detectives advised us that Gordon was the next door neighbor of Baumhammers and that she was of the Jewish faith.

Sgt. Torbin and I left the Scott Twp. scene and proceeded to the Ya Fei Restaurant in Robinson Towne Center, Robinson Twp. We met with detectives who were investigating that shooting incident and we viewed the scene. Ya Fei Restaurant is an oriental restaurant. Inside of the restaurant we observed the dead bodies of two Asian male adults, the victims of apparent multiple GSWs. We saw a spend unjacketed lead projectile in the dining room. No spent cartridge casings were found, indicative that a revolver had been used. We were told by detectives that the victims had been identified as Thao Quoc PHAM, Asian male adult and Ji-Ye SUN, Asian male adult. Witness(es) interviewed said that a W/M, over 6' tall and over 200# with light brown hair and wearing a tan jacket walked into the restaurant and began firing a handgun. Witness(es) said that the two victims were shot and that patrons inside of the restaurant had to take evasive action to keep from being shot. At least one witness was splattered with body fluids from one of the victims. Witness(es) subsequently positively identified Baumhammers as the Actor after viewing him in news accounts.

At approximately 3:45 p.m. Sgt. Torbin and I were advised by ACPDCC that the Actor had been arrested by Aliquippa and Ambridge police in Ambridge (Beaver County) after shooting and killing a young black male in Center Township (Beaver County.) We left Robinson Towne Center and went to Center Twp. PD where we met with Chief Barry Kramer and representatives of the Beaver County District Attorney's Office. Chief Kramer told us that the victim, Garry Lee, and adult black male, was shot and killed at the C.S. Kim Karate Studio on Old Broadhead Rd. in Center Township at approximately 3:00 p.m. Witness(es) at the scene described the Actor as a W/M, over 6' tall and in excess of 200#. The Actor was armed with and fired a large revolver at the victim. A white male witness was standing near the victim at the time of the shooting but was not shot at or injured. Witness(es) to the shooting were also able to provide police with a description of the vehicle in which the Actor fled including the PA license number. Chief Kramer said that the vehicle was a black Jeep Cherokee bearing PA reg. BFW-9916. A police broadcast was put out and Aliquippa police spotted the vehicle a short time later in Aliquippa. Aliquippa police followed the vehicle into Ambridge where Aliquippa and Ambridge police stopped the vehicle. According to Chief Kramer, when police approached the vehicle the [sic] saw that the operator was a W/M that matched the description of the Actor of the Center Twp. shooting and that he was attempting to reload a large caliber revolver. The Actor was taken into custody and subsequently transported to center Twp. PD. According to Chief Kramer, arresting officers observed a large frame, large caliber revolver in plain view inside of the vehicle as well as numerous spent cartridge casings and live rounds of ammunition. The collection of live ammunition rounds was comprised of both jacketed and unjacketed lead bullets. Chief Kramer also said that a tan jacket and dark colored sunglasses were seen in the vehicle as was a can of red spray paint. Sgt. Torbin and I viewed the Actor and saw him to be a W/M over 6' tall and weighing over 200#. He was wearing dark clothing and had light brown hair. Chief Kramer said that detectives from the Beaver County District Attorney's Office would be assisting his department with the investigation and would be obtaining a search warrant for the vehicle. We subsequently learned that two glass bottles containing a flammable liquid with a piece of cloth stuffed into the mouth (molotov cocktails) were found in the vehicle.

At approximately 8:00 p.m., Friday evening, April 28, 2000, detectives armed with a search warrant executed that warrant at the Actor's residence, 792 Elm Spring Rd., Mt. Lebanon. Among the items recovered were a receipt from Ace Sporting Goods, Washington, PA for a Smith & Wesson .357 cal. revolver indicating the sale of that weapon to the Actor on April 30, 1999. Also found was a lid to a jar consistent with the jar (molotov cocktail) found at the scene at 788 Elm Spring Rd., the residence of victim Anita Gordon. Detectives also found and seized the Actor's computer.

In examining the contents of the discs prior to the computer being dismantled detectives found a document entitled "Free Market Party." The document contains writings alluding to the formation of a political party "that work[sic] for the interest of the American Majority." Listed as "Objectives" of this party are: "End to Third World Immigration" It laments that "European immigration has been practically eliminated." "Traditional Americans will live in isolated suburbs outnumbered by third world immigrants." "End to Affirmative Action." The document continues to lament current immigration policies and states "...whites are destined to be a true minority.." "The descendants of the people that made this nation great are losing a foothold on this nation." The document denotes Richard Baumhammers J.D., LL.M as the party chairman.

On Saturday, April 29, 2000, autopsies were conducted on the bodies of Anita Gordon, Thao Quoc Pham, Ji-Ye Sun and Anil Thakur at the Allegheny County Coroner's Office. At the conclusion of the autopsies the Coroner deemed collectively that the deaths were the results of multiple GSWs and the manner of these deaths were homicide. During the course of the autopsies spent projectile(s) were recovered from one or more bodies of the victims. Those projectiles were submitted to the Forensic Section of the Coroners Office, Division of Laboratories.

On Saturday, April 29, 2000, Sgt. Torbin and I received items of evidence from Center Twp. PD. These items included a Smith & Wesson .357 Cal. Revolver, spent cartridge casings, live rounds of jacketed and unjacketed lead ammunition and other evidence rlated[sic] to these cases. These items of evidence had been turned over to Center Twp. PD by the Pennsylvania State Police crime scene specialists who examined the Actor's vehicle pursuant to the issuance of a search warrant. After receiving those items Sgt. Torbin submitted the Smith & Wesson revolver to the Forensic Section of the Coroner's Office Division of Laboratories for examination by the lab's firearms examiner.

At approximately 12:30 PM, Monday, May 1, 2000 Sgt. Torbin was advised by the ACCO that Dr. Levine had matched one or more of the projectiles removed from the body of Anita Gordon with the Smith & Wesson revolver seized from the Actor's vehicle and submitted to the lab by us.

During the morning of Monday, May 1, 2000 detectives from the ACPD Violent Crimes/Homicide Unit learned from the PSP Firearms Section and the Allegheny County Sheriff's Office that Richard S. Baumhammers was not licensed to carry a concealed firearm on April 28, 2000.

Based on the foregoing information which I your affiant Det. Lt. David Walsh believe to be true and correct to the best of my knowledge, I request that an arrest warrant be issued charged Richard Baumhammers with four (4) counts of Criminal Homicide in connection with the shooting deaths of Anita Gordon, Anil Thakur, Thao Quoc Pham and Ji-Ye Sun. I further request that an arrest warrant be issued charging Richard S. Baumhammers with one count of Criminal Attempt (Homicide) (Patel), two counts of Arson (1 count for posessing[sic] incendiary devices), seven counts of Ethnic Intimidation (shooting victims and two synagogues), two counts Criminal Mischief (synagogues) two counts Institutional Vandalism (2 Synagogues), one count Firearms Not To Be Carried W/O A License and one count REAP [reckless endangerment] (multiple victims) (Ya Fei Restaurant patrons.)

I being duly sworn according to law depose and say that the facts set forth in the foregoing affidavit are true and correct to the best of my knowledge, information and belief

(Signed) David Walsh LT.

Sworn to me and subscribed before me this 1st day of May, 2000.

(Signed) Terrence N. Brown, District Justice.



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