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002218/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/13/2023
COUNTY OF ONONDAGA
fd- /4OS
2. That on (date) () S / }0}3 , at (time) the undersigned served the attached
3. That the undersigned knew that the person served / was to be served, is described as
fOllOWs (check all boxes that apply)
Gender Skin tone Hair Color Age Height Weight
5'
Male ,¤ White O Black 14-20yrs O Under O Under 1001bs
5'3"
¡ Female ¡ Black Brown ¡ 21-35yrs ¡ 5'0"-
¡ 100 - 1301bs
5'8"
¡ Yellow ¡ Blonde ¡ 36-50yrs ¡ 5'4"-
¡ 131 - 1601bs
6'O"
¡ Brown O Gray ¡ 51-65yrs 5'9"-
¡ 161 - 2001bs
6'O"
¡ Red ¡ Red ¡ Over 65 O Over O Over 2001bs
¡ White
O Bald
day of /fir1rc / 20
Officers signature
1 of 2 Rev01/2018
FILED: ONONDAGA COUNTY CLERK 03/13/2023 09:35 AM INDEX NO. 002218/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/13/2023
SUPREME COURT OF THE STATE OF NEW YORK ucs-6342/N
Check if applicable: O Petitioner's name is anonymous O Petitioner's address and contact information is confidential
TAKE NOTICE that the petitioner has filed an application for a temporary extreme risk protection order, and the Court (select one):
® Having granted the petitioner's application for a temporary extreme risk protection order, must hold a hearing within six (6)
days after the temporary extreme risk protection order is served upon the respondent to determine if a final extreme risk
protection order will be issued [see CPLR§ 6342(4)(d)(ii)].
O Having denied the petitioner's application for a temporary extreme risk protection order, must hold a hearing within ten
(10) days after the order denying the temporary extreme risk protection order is served upon the respondent to determine
if a final extreme risk protection order will be issued [see CPLR§ 6342(5)].
Room/Part: TBD
Date: 03/17/2023
At the hearing, the parties shall have an opportunity to be heard , give testimony, callwitnesses and offer evidence to assist the
Court in determining if a final extreme risk protection order will be issued. The respondent may request a later hearing date to
prepare for the hearing. To request a later date, the respondent must contact the court BEFORE the scheduled hearing date above.
The respondent may also seek the advice of an attorney, and the attorney should be consulted promptly .
03/12/2023
Dated: /s / :Ioseph E, I.amendola, L S. C.
Court Official
signature of Respondent
Date:
2 of signature
2 of Witness
FILED: ONONDAGA COUNTY CLERK 03/13/2023 08:47 AM INDEX NO. 002218/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/11/2023
°R# 23-198921
GENERAL INVESTIGATION -15 cont. . MANLIUS POLICEDEPARTMENT
Incident
type Person
Type VictimType
INFO SU
LastName First Middle Sumx DOB Business
Name
MULLEN . ZACHARY J 08/16/2002
SYNOPSIS: A police information call on 03/11/23 regarding threats made to harm shoppers in the
Manlius TOPS.
NARRATIVE: On March 11th, 2023, at approximately 19:20 hours, while assigned as Unit 3911C, I
responded to 119 W Seneca St in regard to manager reporting two different callers expressing concern
that an individual statedonDiscord that he was going to harm shoppers at the TOPS in the Village of
Manlius.
Upon arrival, I spoke with (01) ATKINS, JACLYN G (12 0) who stated that (CO) GARLAND, MIA
fielded a call on their customer service line regardin indi aking a threat against the store
online, on a discord server. (01) Jaclyn Atkins stat tha he firs aller, (WI) KEAEING, MORGAN,
"Zach"
provided the individual's user name (Zay#1226) rmed Jaclyn that made threats such as
PM"
"Tops in Manlius planned date Monday or Friday Time: nd 1 to 2 and "Location: Tops, Manlius
Shortly after the first phone call, Jact ed arhther call from (WI) LOFT, HAYDEN (08/10/2006), who
corroborated the story that (WI) M Id her. Hayden told her that he was concerned with
"Zach"
the statements was makin n iscord chat and felt that he should call the TOPS to let them
"
know as it was specifically m ion h". .
Ofc. Spinelli (Unit 3913) conta Hayden Loft who confirmed the threats and provided
screenshots of the statements mad in discord. Hayden confirmed the above information and advised
that Zachary is 20 years of age and grieving the recent death of his father. These screenshots will be
added to the case file. The suspect's Twitter account was linked to his discord account and provided the
Mull"
twitter username @ZayMull. A Chairs2 search for "Zachary yielded multiple reports for a (SU)
MULLEN, ZACHARY J (08/16/2002) who is 20 years old and resides just outside of the Town of
Manlius.
An obituary search also revealed that on March 9th, 2023, a.Terrence H. Mullen passed away and
F
> her n s pursuant
aClassAMisderneanor to210A5NYSPL M eUse M
PRINTNAME ID# SIGNATURE SUPERVISOR
NAME(PRINT) ID# APPRDATE APPROVED
BYSIGNATURE
Page 4 of 5
1 of 2
FILED: ONONDAGA COUNTY CLERK 03/13/2023 08:47 AM INDEX NO. 002218/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/11/2023
DR# 23-198921
GENERAL INVESTIGATION - 15 cont. MANLIUS POLICE DEPARTMENT
Incident
Type Person
Type VictimType
INFO SU
LastName First Middle Suffix DOB Business
Name
MULLEN ZACHARY J 08/16/2002
hunter"
Zachary Mullen is listed his surviving son. Terrence is described as "being an avid which gives
Additionally, the Twitter áccount @ZayMull, has a post from June of 2021 stating "rest in peace, you will
missed"
be severely with 4 images of a large black dog and a tan dog. A Facebook search for Zachary's
father Terrence yield an account which had multiple pictures of the same two dogs.
8 8 Adninistrative
UseOnly
A R P R E T
Form3.5
NC(Rev.12/2021) TrackingNumber UseOnly
Records
27711539
Page 5 or 5
2 of 2
FILED: ONONDAGA COUNTY CLERK 03/13/2023 08:47 AM INDEX Reset
NO. 002218/2023
Form
NYSCEF DOC. NO. 1 Ne Y k S a e U i ed C S e nycourts.gov
RECEIVED NYSCEF: 03/11/2023
Supreme Court
_______________
ONONDAGA County
Ofc. N. Spinelli
_________________________________________________ Index Number:
Petitioner (applying party) ____________________________
-against-
Zachary J. Mullen (08/16/2002)
_________________________________________________
Respondent (against party)
Petitioner alleges that the above-named respondent is likely to engage in conduct that would result
in serious harm to self or others as defined in MHL § 9.39(a)2 and petitions the Court to issue a
temporary extreme risk protection order against the respondent pursuant to CPLR § 6342 based upon
the facts and circumstances set forth in the following sworn application justifying the issuance of the
order, to wit: Petitioner believes that the respondent is likely to engage in conduct that would result in
serious harm to self or others because the respondent has engaged in, exhibited, or committed the
following behavior(s) or act(s) [check all that apply]:
A threat or act of violence or use of physical force directed toward self, the petitioner, or
another person;
☐ A violation or alleged violation of an Order of Protection;
A pending charge or conviction for an offense involving the use of a weapon;
The reckless use, display or brandishing of a firearm, rifle or shotgun;
A history of a violation of an Extreme Risk Protection Order;
Evidence of recent or ongoing abuse of controlled substances or alcohol;
Evidence of recent acquisition of a firearm, rifle, shotgun or other deadly weapon or dangerous
instrument, or any ammunition therefor;
Other [specify any other relevant factors the Court should consider]:
___________________________________________________________________________.
Manlius Police responded to Tops regarding threats made on a discord account stating "Location:
Tops, Manlius Date: Next Week Expected Kills 1-2", "Tops in Manlius planned date Monday or
Friday Time: around 1 to 2 PM", ".....so I can get a job and use my Dads Shotgun one last time
That's a good way of grieving right...", "debating on weather to do a mass murder or becoming a
legitimate racist and buying a KKK outfit One of them would be good". These directed threats were
posted by a discord account user name ZaY#1226. This incident was reported by two witnesses who
are in the group chat. Both reported that the user's name is Zachary who is 20 years old, lives in the
Manlius area, and his father died very recently. Police investigation yielded the suspect to be
Zachary J. Mullen who's father passed away on 03/09/23. His father was an avid hunter and is
believed to have owned a shotgun(s).
2 of 4
FILED: ONONDAGA COUNTY CLERK 03/13/2023 08:47 AM INDEX NO. 002218/2023
UCS-6341
NYSCEF DOC. NO.(6/2022)
1 Page 3 of 4 Index #: __________________
RECEIVED NYSCEF: 03/11/2023
Re de Age
The e de 08/16/2002
date of birth is _______________ and age at the time the above act(s) allegedly
20
occurred was: __________; or if exact age is not known, the e de approximate age at the
20
time the above act(s) allegedly occurred was: __________.
Time Elapsed
The above act(s) allegedly occurred:
Less than six months ago; or
More than six months ago.
Re de L ca i
The respondent currently is located, resides, or may be contacted at:
7142 East Seneca Turnpike, Jamesville NY 13078
Current Location: ____________________________________________________________
7142 East Seneca Turnpike, Jamesville NY 13078
Home Address: ____________________________________________________________
Phone: (315) 975-3539
_______________
Cell: (315) 975-3539
_______________
Email: ______________________________
3 of 4
FILED: ONONDAGA COUNTY CLERK 03/13/2023 08:47 AM INDEX NO. 002218/2023
UCS-6341
NYSCEF DOC. NO.(6/2022)
1 Page 4 of 4 Index #: __________________
RECEIVED NYSCEF: 03/11/2023
NOTE: Be as specific as possible regarding the description and location of the weapons and
attach additional sheets if necessary:
TYPE MAKE MODEL CALIBER SERIAL PHYSICAL LOCATION (be specific)
NUMBER
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
firearm
rifle
shotgun
_________________________________________
Signature of Petitioner
Sworn to before me this ______
day of ___________, 20____.
_______________________________________
Justice of the Supreme Court or Notary Public
Print Form
4 of 4
FILED: ONONDAGA COUNTY CLERK 03/13/2023 10:00 AM INDEX NO. 002218/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/13/2023
SUPREME COURT OF THE STATE OF NEW YORl( ucs-6342/N
Check if applicable: DPetitioner's name is anonymous EPetitione/s oddress ond contdct lnlomdtion is confidentldl
TAKE NOTICE that the petitioner has filed an application for a temporary extreme risk protedion order, and the Court (select one)..
O Having granted the petitioner's application for a temporary extreme risk protection order, must hold a hearing within six (6)
days after the temporary extreme risk protection order is served upon the respondent to determine if a final extreme risk
protection order will be issued l5ee cPl-R 5 6342(41(d)(i41.
O Having denied the petitioner's application for a temporary extreme risk protedion order, must hold a hearing within ten
(10) days after the order denying the temporary extreme risk protection order is served upon the respondent to determine
if a final extreme risk protection order will be issued lsee cpLR E 6342(sll.
The hearing is scheduled as follows:
court: Onondaga County Supreme Court
Address: 401 Montgomery Street, Syracuse, NY 13202
Room/P art TBD
Date 03t17t2023
Time 9:30 aAM opM
Phone 15 671-1'196
At the hearing. the parties shall have an opportunity to be heard, give testimony, call witnesses and offer evidence to assist the
Court in determining if a fina I extreme risk protection order will beissued, The respondent may request a later hearing dateto
prepare for the hearing. To request a later date, the respondent must contad the court BEFORE the scheduled hearing date above.
The respondent may also seek the advice of an attorney, and the attorney should be consulted promptly.
SERvlcE (check one):
O The respondent was present in court and provided with a copy of this notice, or
O The petitioner shall serve a copy of this notice and any associated papers upon the respondent through a third party on or
before or
Onondaga County Sherifl s Departmenl
O The shall serve a copy of this notice and any associated papers upon the respondent on or
Local Law Enfor.ement A8ency
before Ogl15l2o23
ADDITTONAL SERVICE PROVTSION (check il opplicable):
E The court having notice of the fact that the respondent isa patientina certifled Office of Mental Health (OMH)facility on
the date ofthis notice, the Court has authorized service upon the respondent at such facility pursuant to 14 NYCRR 22.2.
o3112J2023
Dated /s/ Joseoh E. LamendoLa. J.S.C.
Court Official
Datel
Signatuae of Respondent
Title/shield No
Date:
Sitnature of Witn6s
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FILED: ONONDAGA COUNTY CLERK 03/13/2023 08:47 AM INDEX NO. 002218/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2023
UCS-840
REQUEST FOR JUDICIAL INTERVENTION (rev. 02/01/2022)
CAPTION Enter the complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet. IAS Entry Date
Judge Assigned
Plaintiff(s)/Petitioner(s)
-against-
Zachary Mullen
RJI Filed Date
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check only one box and specify where indicated.
COMMERCIAL MATRIMONIAL
☐ Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) ☐ Contested
☐ Contract NOTE: If there are children under the age of 18, complete and attach the
MATRIMONIAL RJI Addendum (UCS-840M).
☐ Insurance (where insurance company is a party, except arbitration)
☐ UCC (includes sales and negotiable instruments) For Uncontested Matrimonial actions, use the Uncontested Divorce RJI (UD-13).
☐ Other Commercial (specify): REAL PROPERTY Specify how many properties the application includes:
NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), ☐ Condemnation
complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C).
☐ Mortgage Foreclosure (specify): ☐ Residential ☐ Commercial
TORTS Property Address:
☐ Adult Survivors Act NOTE: For Mortgage Foreclosure actions involving a one to four-family, owner-
☐ Asbestos occupied residential property or owner-occupied condominium, complete and
attach the FORECLOSURE RJI ADDENDUM (UCS-840F).
☐ Environmental (specify):
☐ Medical, Dental or Podiatric Malpractice ☐ Partition
☐ Motor Vehicle NOTE: Complete and attach the PARTITION RJI ADDENDUM (UCS-840P).
☐ Products Liability (specify): ☐ Tax Certiorari (specify): Section: Block: Lot:
☐ Other Negligence (specify): ☐ Tax Foreclosure
☐ Other Professional Malpractice (specify): ☐ Other Real Property (specify):
☐ Other Tort (specify): OTHER MATTERS
SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE in COMMERCIAL section]
☐ Child-Parent Security Act (specify): ☐ Assisted Reproduction ☐ Surrogacy Agreement ☐ Emergency Medical Treatment
☐ CPLR Article 75 - Arbitration [see NOTE in COMMERCIAL section] ☐ Habeas Corpus
☐ CPLR Article 78 - Proceeding against a Body or Officer ☐ Local Court Appeal
☐ Election Law ☐ Mechanic's Lien
☒ Extreme Risk Protection Order ☐ Name Change/Sex Designation Change
☐ MHL Article 9.60 - Kendra's Law ☐ Pistol Permit Revocation Hearing
☐ MHL Article 10 - Sex Offender Confinement (specify): ☐ Initial ☐ Review ☐ Sale or Finance of Religious/Not-for-Profit Property
☐ MHL Article 81 (Guardianship) ☐ Other (specify):
☐ Other Mental Hygiene (specify):
☐ Other Special Proceeding (specify):
STATUS OF ACTION OR PROCEEDING Answer YES or NO for every question and enter additional information where indicated.
YES NO
Has a summons and complaint or summons with notice been filed? ☐ ☒ If yes, date filed:
Has a summons and complaint or summons with notice been served? ☐ ☒ If yes, date served:
NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated.
☐ Infant's Compromise
☐ Other (specify):
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FILED: ONONDAGA COUNTY CLERK 03/13/2023 08:47 AM INDEX NO. 002218/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2023
RELATED CASES List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If none, leave blank.
If additional space is required, complete and attach the RJI Addendum (UCS-840A).
Case Title Index/Case Number Court Judge (if assigned) Relationship to instant case
PARTIES For parties without an attorney, check the "Un-Rep" box and enter the party's address, phone number and email in the space
provided. If additional space is required, complete and attach the RJI Addendum (UCS-840A).
Un- Parties Attorneys and Unrepresented Litigants Issue Joined Insurance Carriers
Rep List parties in same order as listed in the For represented parties, provide attorney's name, firm name, address, phone For each defendant, For each defendant,
caption and indicate roles (e.g., plaintiff, and email. For unrepresented parties, provide party's address, phone and indicate if issue has indicate insurance
defendant, 3rd party plaintiff, etc.) email. been joined. carrier, if applicable.
Name: Onondaga County District JOHN WALKER, John, 3734 Weller Road , Cato, NY 13033,
☐ Attorney's Office 3155065409, johnwalker@ongov.net ☐ YES ☒ NO
Role(s): Plaintiff/Petitioner
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR
PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION BEEN PREVIOUSLY FILED IN THIS
ACTION OR PROCEEDING.
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