Affidavit requesting an arrest warrant for Michael Sean Moore – the alleged hoax kidnapper
The following is the complaint against Michael Sean Moore, who, among other charges, is accused of staging his own abduction last week. The report was written by Vail police Detective Robin Fetterolf and given to a judge, who issued the warrant on which Moore was arrested Sunday. The name of Moore’s wife, who police consider a victim in this case, has been left out to protect her identity. Social security and driver’s licenses numbers, and other personal information, have also been left out.
This affidavit is made in support of an Arrest Warrant for Michael Moore … described as a white male, 6’01”, 180 pounds, brown hair, brown eyes.
The affiant, Detective Robyn Fetterolf being duly sworn upon her oath says: The affiant, being a peace officer for 8 years and 2 months, with the Town of Vail, County of Eagle, State of Colorado, did have occasion to investigate the following effects:
On 5-12-05 at or about 2157 hours, Officer Rafael Caballero of the Vail Police Department took a report of a Kidnapping that had occurred at (address withheld) in the Town of Vail, County of Eagle, State of Colorado.
Detective Millbern interviewed one of the victims (Moore’s wife) at the Vail Police Department. (Moore’s wife) reports that two Hispanic males entered her apartment at gunpoint, took her husband, Michael Moore, hostage, and left their apartment in Michael Moore’s vehicle.
(Moore’s wife) reported coming home alone around 1800 hours on 5/12/05. No one was home at that time. (Moore’s wife) told Detective Millbern that she received a phone call from Michael Moore stating that he was going to be approximately one hour late because he was “playing Xbox with friends.” (Moore’s wife) reports Michael Moore coming home around 1910 hours by himself.
(Moore’s wife) told officers that at approximately 1930 hours she and Michael Moore were sitting on the couch when they heard a very loud knock on the door. She describes the knock as one loud bang.
Michael Moore got up and answered the door. As he opened the door two Hispanic males burst into the room. One Hispanic male had a gun pointed at Michael Moore. (Moore’s wife) said one of the intruders told Michael Moore to place duct tape on her hands and feet and to place her in the bedroom. Michael Moore placed duct tape on her hands and feet and laid her on the bed. (Moore’s wife) reports that Michael Moore went back into the living room, however returned to the bedroom approximately ten times to check on her.
While (Moore’s wife) was bound in the bedroom, she heard the intruders say they were bored watching television and wanted to watch (Moore’s wife) and Michael Moore have sex. Prior to this, Michael Moore had come into the bedroom to tell her that the intruders wanted her to (perform oral sex) while they watched. She refused. Later, Michael Moore entered the bedroom and told her that one of the intruders was going to have sex with her.
(Moore’s wife) heard one of the intruders ask Michael Moore for money. Michael Moore then entered the bedroom again and asked her if she had any money. She told Michael Moore that she only had a few dollars in her wallet; however they could take her ATM card and credit cards. Michael Moore then took the cards and told her that the intruders were taking him to an ATM.
(Moore’s wife) said she heard them leave and took the duct tape off of her hands and feet. She stated she climbed onto the window sill of the bedroom and prepared to jump off of it if she heard the suspects coming back to her apartment. She states she heard people coming into her apartment a short time later and saw her husband walk into the room. (Moore’s wife) states Michael Moore told her to get back in bed. He also told her that the intruders were going to take him and he did not know where they were going to go.
(Moore’s wife) states when Michael Moore returned he told her not to call the police and to go somewhere safe where he would contact her later. Michael Moore instructed her to wait for one hour before leaving the house.
(Moore’s wife) told officers that she was “positive” the duct tape that was used to bind her hands was brought by the intruders. She stated that the roll of tape must have been a new one because it was quite large. She reports having no duct tape in the house.
On 5/14/05 at approximately 1030 hours, Detective Robyn Fetterolf received a phone call from a female that identified herself as (Moore’s mother). … She said that she had received a phone call from a friend. She said that this friend had told her that the newspaper was reporting that Michael Moore had been kidnapped on Thursday evening and was still missing. (Moore’s mother) said that she was confused as she had spoken with Michael Moore on Friday evening, 5-13-05, around 1930 hours Colorado time. She said that Michael Moore had called her and told her the following.
He was at a hotel in Denver because he had gotten into a fight with his (wife). Michael said that he knew (his wife) was staying with some friends and would not be at their home tonight. He said that he had planned to go back up to Vail and get his things from the home and then go and stay with some friends that lived in Gypsum. Michael said that he then just planned to travel and maybe go to Yellowstone.
Detective Fetterolf then asked (Moore’s mother) if Michael Moore had said anything to her about being kidnapped or being held at gun point. She said “No.” She continued and said that she was confused as she knew that he was okay as he did not sound like he was in trouble.
Detectives Fetterolf and Douglas obtained information that Michael Moore may be staying at a friend’s house … in Avon. They responded to (address withheld) and contacted Michael Moore. Michael Moore came out the front door, put his hands up in the air and said “I give up.” Michael Moore then voluntarily said that he would go to the police department and answer questions.
While at the Vail Police Department Michael (Moore) was advised of his rights. He said that he understood his rights. With his rights in mind he said that he would talk. He said the following:
Michael Moore reports going to work at the Mountain Haus in Vail around 8 a.m. Moore told officers that he did not leave work until approximately 4 p.m. During his lunch break Michael Moore admits that he had eaten nothing but mushroom laced brownies and cookies. Moore reports leaving from work and going straight home. After arriving home he changed out of his painting work clothes, showered and then left the apartment to go to the market in East Vail … to pick up some food for dinner. Michael Moore states that he only picked up a six pack of beer and returned home. Michael Moore said when he returned home (Moore’s wife) was already home. He states that he did not want her to know that he was high on mushrooms so he was planning on telling her that he did not feel well and that he wanted to go to bed. Michael Moore states he was sitting on the couch when he heard someone knock on the door. He described the knock as a regular “Tap, tap, tap.”
Michael Moore reports opening the door and immediately having a gun put in his face. Michael Moore states a Hispanic male pushed him on his forehead with the barrel of his gun until he was walking backwards and fell over the coffee table.
Michael Moore described the two male subjects. He said that the male that had come through the door first was the larger one. He described him as a Hispanic male 6’1″, wearing a black sweatshirt with a hood, a black gator, dark sunglasses, black pants and cowboy boots. The second male was 5’8″, 150-160, wearing a grey sweatshirt with a hood, red gator, blue jeans and white tennis shoes. Michael reported that both men had their face covered with the gators and he was not able to see them.
Michael Moore states one of the two intruders instructed him to duct tape (Moore’s wife’s) hands together and to place her in the bedroom. He then duct taped her hands together and placed her in the bedroom.
Michael Moore states that at some point during the home invasion the intruders began to ask him about money. Michael Moore reports going in the bedroom and asking (Moore’s wife) if she had any money. Michael Moore states that she said to take her credit cards and bank cards to go get money. Michael Moore did not know (Moore’s wife’s) pin number and asked her for it. She provided the pin number.
Michael Moore reports leaving the apartment with one of the intruders (the smaller of the two) and driving to 1stBank of Vail to withdraw funds. He stated he did not know where the larger of the two intruders was at the time. He states that he first drove up to the ATM and the intruder told him to park somewhere else because they did not want to be videotaped. Michael Moore states that he then parked on the corner of East Meadow and Vail Road and then walked by himself to the ATM to withdraw money.
Before Michael Moore walked to the ATM to get the money, the intruder had told him that someone was still at the house with (Moore’s wife) and implied that he had better come back with money or she would be hurt. Michael Moore said that he had tried to withdraw $1,000 but was not able to. He was able to withdraw $400 and returned to the car. After giving the money to the intruder he drove west on I-70.
While driving, Michael Moore said that he then told the male party that he believed that the gun that he had been holding to his head was not real. He said that he thought that it was a BB-gun because he could hear the BBs role (sic) around. Michael Moore said that he then told the male party that he had a letter opener and was going to stab him. Michael Moore said that he pulled off the highway at Wilmore Lake. The intruder then got out of the car and took Michael Moore’s keys. He threw them in the bushes and took off running.
Michael Moore walked around looking for his keys. Michael Moore states after finding his keys that he then drove back and forth from the Edwards, Wolcott, and the Wilmore Lake exits looking for the intruder. When he could not find him he then drove to Denver and checked into a hotel.
On Friday, 5-13-05, around 2330 hours Michael Moore returned to his home on (address withheld). He took some items and then drove around. He ended up at his friend’s house … where the police found him.
On 5-12-05 Officer Rafael Caballero contacted the 1stBank of Vail to determine if (Moore’s wife) ATM card had been used after (Moore’s wife) reported to him that she had provided her PIN number to her husband, Michael Moore, for him to withdraw money for the suspects. At 2214 hours, Caballero spoke with a 1stBank supervisor. The supervisor reported that (Moore’s wife’s) ATM card had been used and an amount of money under $500 had been withdrawn at approximately 2124 hours form the 1stBank ATM located at 17 Vail Road in the Town of Vail.
At approximately 0045 hours on 05-13-05, Detective Fetterolf and Detective Sergeant Douglas met with a 1stBank employee at 17 Vail Road. The surveillance footage of the bank and the ATM machine was reviewed from approximately 2100 hours to 2145 hours on 05-12-05. On the video, Michael Moore is seen entering the bank vestibule by himself and withdrawing money from the ATM at approximately 2124 hours.
At approximately 0400 hours on 05-13-05, Detective Fetterolf and Detective Sergeant Douglas searched Moore’s apartment after receiving consent from (Moore’s wife). During the search, Sergeant Douglas found a cream colored pair of painter’s pants on the floor of the exterior of the closet. The pants had paint stains on them.
(Moore’s wife) told Sergeant Douglas the pair of pants was her husband’s and he wore them to work as a painter.
The front right pant pocket contained a sales receipt from Vail Valley Ace Hardware. The receipt was dated 12-May-05 at 1609 hours. The receipt also showed a 2″x 60 yard roll of Scotch duct tape was purchased with cash. A roll of Scotch 2″ width duct tape that was mostly used was found on the floor of the same closet near the pants.
While interviewing Michael Moore on 5-14-05, Sergeant Douglas asked Moore where the duct tape came from to tape (Moore’s wife) up with. Moore indicated that the intruders had brought the tape with them as he did not have any duct tape in the house. He stated he only used duct tape at his job and his employer always purchased the duct tape for him.
During the search of the closet, an older model 22 caliber revolver was found in an open backpack on the shelves directly above the roll of duct tape and painter’s pants. This weapon matches the description of the weapon provided by (Moore’s wife). She described the gun that was used by the intruder as a revolver because it “rolls.”
On 5-14-05 at approximately 2200 hours, Detective Fetterolf then spoke with (a friend of Moore’s) by telephone and he told her the following:
On the night of 05/12/05 he and his friends … had gone to a home at … in Beaver Creek at around 1800 hours. They were hanging out and partying. Michael Moore arrived alone at the house between 2130 hours and 2200 hours. He walked in and said pour me a drink. (Moore’s friend) was asked if Michael Moore appeared to be upset. He said that he did not notice. He was asked if Michael Moore said anything about being held at gun point. He replied, “No.” (Moore’s friend) said that Michael Moore had said that he was going to go to Denver to trade the car in for a pick up truck.
Detective Fetterolf then spoke with (another friend) by telephone and he said the following:
He had flown into town on 05/12/05. When he arrived he went to his parents’ home in Edwards and dropped off his things. He then went and met (name withheld) at his home. They both then went and saw Michael Moore at his place of work. … At 1800 hours, (names withheld) all went to a home at (address withheld). They began to party by drinking alcohol. Between 2130 hours and 2200 hours Michael Moore arrived at the house. (The friend) was asked if Michael Moore appeared to be upset. He said that he appeared to be fine. He was asked if Michael Moore said anything about being held at gun point. He replied, “No”. He then said that Michael Moore talked about going to Denver to trade in the car and then he left.
Detective Fetterolf then called (a Vail restaurant) and spoke with (an employee). (The employee) told her the following:
She had worked during the evening of 05/12/05. When she got off of work around 2330 hours and she drank a glass of wine at the restaurant and then met her boyfriend … at (address withheld). When asked if she had talked with Michael Moore that night she said that she had wished him a happy birthday. When asked if Michael Moore had said that he had been held at gun point, she said “No”. She then said that she had no idea on what was taking place.
Based on the information set above, which is true to the best of my knowledge, I believe there is probable cause that the crime of Aggravated Robbery, C.R. S. 18-4-302(1) (c), a class 3 felony, was committed by Michael Sean Moore by unlawfully, feloniously, and knowingly took a thing of value, namely $400 U.S. Dollars by the use of an ATM card from the person or presence of (Moore’s wife) by force, threats, or intimidation, and the defendant during the robbery or immediate flight therefrom had present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, namely a revolver, with the intent on the part of the defendant or the confederate, by the use of force, threats or intimidation, to put the person robbed or any other person in reasonable fear of death or bodily injury; in violation of section 18-4-302(1) (c), C.R.S.
Based on the information set above, which is true to the best of my knowledge, I believe there is probable cause that the crime of Menacing (complicity), C.R.S. 18-3-206(1) (a), a class 5 felony, was committed by Michael Sean Moore by any threat or physical action unlawfully, feloniously, and knowingly placed or attempted to place (Moore’s wife) in fear of imminent serious bodily injury by the use of a deadly weapon, namely a revolver in violation of section 18-3-206(1) (a), C.R.S.
Based on the information set above, which is true to the best of my knowledge, I believe there is probable cause that the crime of False Imprisonment, C.R.S. 18-3-303(1) (2) (a), a class 5 felony was committed by Michael Sean Moore unlawfully, feloniously, and knowingly confined or detained (Moore’s wife) without the victim’s consent and without proper legal authority. Further, the defendant used force or threat of force to confine or detain the victim in violation of section 18-3-303(1), (2), C.R.S.
Based on the information set above, which is true to the best of my knowledge, I believe there is probable cause that the crime of Theft, C.R.S. 18-4-401(1)(a), (2)(b) a class 2 misdemeanor, was committed by Michael Sean Moore unlawfully or knowingly obtained or exercised control over a thing of value, namely $400 U.S. Dollars by the use of an ATM card of (Moore’s wife), with the value of one hundred dollars or more but less than five hundred dollars, without authorization, or by threat or deception, or intended to deprive (Moore’s wife) permanently of its use and benefit; in violation of section 18-4-401(1)(a), (2)(b), C.R.S.
Based on the information set above, which is true to the best of my knowledge, I believe there is probable cause that the crime of False Reporting to Authorities, C.R.S. 18-8-111 (1) (b), a class 3 misdemeanor, was committed by Michael Sean Moore by unlawfully making a report or knowingly caused the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when the defendant knew it had not occurred; in violation of section 18-8-111 (1) (b), C.R.S.
Based on the information set above, which is true to the best of my knowledge, Michael Sean Moore committed the offense charged in all above counts, which the underlying factual basis of which includes an act of domestic violence in violation of section 18-6-800.3 C.R.S., Domestic Violence.
I would request that an arrest warrant be issued for Michael Sean Moore.
Detective Robyn Fetterolf
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