Case 2:23-mj-00476-SKV Document 1 Filed 09/25/23 Page 1 of 6

The Honorable S. Kate Vaughan

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7 UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE
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UNITED STATES OF AMERICA, CASE NO.
MJ23-476
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Plaintiff
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COMPLAINT for VIOLATIONS
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v.
14 Title 18, United States Code, Sections
AUSTIN MICHAEL GIGER,
922(g)(1) & 641
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Defendant.
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18 BEFORE, the Honorable S. Kate Vaughan, United States Magistrate Judge, U. S.
19 Courthouse, Seattle, Washington.
20 The undersigned complainant being duly sworn states:
21 COUNT ONE
22 (Unlawful Possession of Ammunition)
23 On or about August 28, 2023, in Whatcom County, within the Western District of
24 Washington, AUSTIN GIGER, knowing that he had been convicted of the following
25 crimes punishable by a term of imprisonment exceeding one year:
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Complaint - 1 UNITED STATES ATTORNEY
United States v. Giger/ USAO 2023R00942 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
 Case 2:23-mj-00476-SKV Document 1 Filed 09/25/23 Page 2 of 6

i. Burglary in the Second Degree, in the Circuit Court of the State of

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Oregon for the County of Washington, under case number
2 23CR09386, on or about April 10, 2023;
3 ii. Unauthorized Use of a Vehicle, in the Circuit Court of the State of
4 Oregon for the County of Washington, under case number
23CR09386, on or about April 10, 2023;
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iii. Criminal Mischief in the First Degree, in the Circuit Court of the
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State of Oregon for the County of Washington, under case number
7 23CR09386, on or about April 10, 2023; and
8 iv. Criminal Mischief in the First Degree, in the Circuit Court of the
9 State of Oregon for the County of Washington, under case number
23CR02101, on or about April 10, 2023.
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11 did knowingly possess, in and affecting interstate and foreign commerce, ammunition,
12 that is: multiple rounds of .223 Caliber Ammunition, that had been shipped and
13 transported in interstate and foreign commerce.
14 All in violation of Title 18, United States Code, Section 922(g)(1).
15 COUNT TWO
16 (Theft of Government Property)
17 On or about August 28, 2023, in Whatcom County, within the Western District of
18 Washington, AUSTIN GIGER willfully and knowingly did steal and purloin things of
19 value of the United States and a department and agency thereof, of a value exceeding
20 $1,000, that is, certain items taken from the United States Customs and Border Protection
21 Kenneth G. Ward Port of Entry.
22 All in violation of Title 18, United States Code, Section 641.
23 And the complainant states that this Complaint is based on the following
24 information:
25 I, Special Agent Jesse Miller, being first duly sworn on oath, depose and say:
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Complaint - 2 UNITED STATES ATTORNEY
United States v. Giger/ USAO 2023R00942 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
 Case 2:23-mj-00476-SKV Document 1 Filed 09/25/23 Page 3 of 6

1 INTRODUCTION
2 1. I am a Special Agent with the U.S. Department of Homeland Security,
3 Homeland Security Investigations (HSI), assigned to the Assistant Special Agent in
4 Charge (ASAC) Blaine, Washington, field office. I have been employed as an HSI
5 Special Agent since 2001. In my capacity as a Special Agent, I am responsible for
6 conducting investigations into the numerous federal laws enforced by HSI.
7 2. The facts set forth in this Complaint are based on my own personal knowledge;
8 knowledge obtained from other individuals during my participation in this investigation,
9 including other law enforcement officers; review of documents and records related to this
10 investigation; communications with others who have personal knowledge of the events
11 and circumstances described herein; and information gained through my training and
12 experience. I have not set forth each and every fact known to me as a result of this
13 investigation but only those facts I believe necessary to establish probable cause to
14 conclude that AUSTIN GIGER committed the offenses charged in this Complaint.
15 SUMMARY OF THE INVESTIGATION
16 3. On August 28, 2023, at approximately 0056 hours, United States Border Patrol
17 Agents J. Orr and D. McMann responded to the United States Customs and Border
18 Protection (CBP), Kenneth G. Ward Port of Entry, located near Lynden, Washington
19 regarding an office alarm that had been triggered. The Port of Entry is closed from 12:00
20 a.m. to 8 a.m. every day. Upon arrival at the Port of Entry, Agent Orr observed an
21 individual inside one of the CBP buildings. Agent Orr saw the individual duck down
22 behind some cubicles out of his view. Agent Orr contacted dispatch to inquire whether
23 any individuals were supposed to be inside the buildings, and communication from
24 dispatch stated no one was supposed to be inside or near any of the buildings.
25 4. Agents Orr and McMann contacted an individual, later identified as AUSTIN
26 MICHAEL GIGER, who was standing near the concrete barriers on the east side of the
27 Port of Entry, just on the Canadian/U.S. Border. GIGER was wearing a CBP issued
Complaint - 3 UNITED STATES ATTORNEY
United States v. Giger/ USAO 2023R00942 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
 Case 2:23-mj-00476-SKV Document 1 Filed 09/25/23 Page 4 of 6

1 jacket with CBP body armor, and carrying an additional CBP body armor with a different
2 nametag than the one he was currently wearing. Agent McMann questioned GIGER to
3 whether he had any identification or a badge to confirm his identity. GIGER pointed at
4 the badge on his uniform and claimed to be a CBP Officer. Agent McMann noticed
5 GIGER was very abrupt with his answers and appeared to be disheveled during the
6 conversation. Agent McMann then asked GIGER to approach him and through further
7 questioning confirmed that GIGER was not a CBP Officer. GIGER presented an Oregon
8 identification card. Record checks revealed that GIGER has an extensive criminal
9 history. Agent McMann and Agent Orr detained GIGER for further investigation and
10 requested assistance from the Whatcom County Sheriff's Office. A search of GIGER
11 revealed a can of CBP issued OC spray, a fully loaded rifle magazine, and a CBP service
12 radio.
13 5. Whatcom County Sheriff Deputies (WCSO) arrived at the scene. Whatcom
14 County Deputy Sheriff D. Shelton with body camera activated read GIGER his
15 constitutional rights upon arrival and before questioning. After being Mirandized,
16 GIGER stated that he entered through a door of the building and began taking things that
17 he needed to protect himself. GIGER stated he believed he was in a zombie apocalypse.
18 GIGER admitted to taking all the items listed below. In addition, GIGER admitted that
19 he jiggled the locking mechanism on a rifle stand in an attempt to obtain the fully
20 automatic M-4 rifles within the building. GIGER admitted to taking a magazine for those
21 rifles with live ammunition pre-loaded inside.
22 The items stolen by GIGER include:
23 x CBP Ballistic Vest
24 x CBP Ballistic vest
25 x CBP Motorola Radio
26 x CBP Jacket
27 x 1 Can of OC Spray
Complaint - 4 UNITED STATES ATTORNEY
United States v. Giger/ USAO 2023R00942 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
 Case 2:23-mj-00476-SKV Document 1 Filed 09/25/23 Page 5 of 6

1 x M-4 Ammunition Magazine

2 x .223 Caliber Ammunition
3 6. The total value of the items stolen by GIGER exceeded $5,000.00.
4 7. Photos of all stolen items were taken prior to returning the equipment to
5 CBP. WCSO arrested GIGER on state charges and transported him to the Whatcom
6 County Jail. On the way to the jail, GIGER stated that he had crossed into Canada near
7 Sumas through the woods and had been in Canada most of the day. GIGER stated he
8 then crossed the border south into the United States at the port of entry.
9 8. I have reviewed GIGER’s criminal history and observed he has multiple felony
10 convictions punishable by a term of imprisonment exceeding one year, each of which
11 would federally prohibit him from possessing ammunition. Those convictions are:
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i. Burglary in the Second Degree, in the Circuit Court of the State of Oregon
13 for the County of Washington, under case number 23CR09386, on or about
April 10, 2023;
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15 ii. Unauthorized Use of a Vehicle, in the Circuit Court of the State of Oregon
for the County of Washington, under case number 23CR09386, on or about
16 April 10, 2023;
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iii. Criminal Mischief in the First Degree, in the Circuit Court of the State of
18 Oregon for the County of Washington, under case number 23CR09386, on
or about April 10, 2023; and
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20 iv. Criminal Mischief in the First Degree, in the Circuit Court of the State of
Oregon for the County of Washington, under case number 23CR02101, on
21 or about April 10, 2023.
22 I have reviewed the judgments for these convictions. They state that the charges are
23 felonies.
24 CONLUSION
25 9. Based on the above facts, I respectfully submit that there is probable cause to
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Complaint - 5 UNITED STATES ATTORNEY
United States v. Giger/ USAO 2023R00942 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
 Case 2:23-mj-00476-SKV Document 1 Filed 09/25/23 Page 6 of 6

1 believe that AUSTIN GIGER has committed the crime of Unlawful Possession of
2 Ammunition, in violation of Title 18, United States Code, Section 922(g)(1) and Theft of
3 Government Property, in violation of Title 18, United States Code, Section 641.
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5 JESSE D MILLER MILLER
Digitally signed by JESSE D

_______________________________
Date: 2023.09.21 14:37:50 -07'00'
6 JESSE MILLER, Complainant
7 Special Agent, HSI

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12 Dated this 25th day of September, 2023
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16 United States Magistrate Judge

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Complaint - 6 UNITED STATES ATTORNEY
United States v. Giger/ USAO 2023R00942 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970