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Deputies' doggedness leads to illegal firearm arrest, interest of terrorism task force

By Howard B. Owens
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Route 33, passing through Batavia, Stafford, Le Roy, and Bergen, is a favorite patrol corridor for local law enforcement.  Traffic stops along the corridor frequently lead to arrests, such as DWI, narcotics, or stolen property, and once in a while, perhaps it might lead to officers uncovering potentially bigger crimes.

Deputies Kenneth Quackenbush and Nicholas Chamoun aren't quite sure what they uncovered when they stopped North Carolina resident Michael Alan Jones and a passenger from Rochester when the officers encountered his vehicle on March 19 in Le Roy, but the involvement of the Joint Terrorism Task Force (JTTF) the evening of the arrest and the FBI eventually taking over the case suggests Jones wasn't just another guy with an illegal firearm. 

Yes, the two deputies were just doing their job, but part of the job satisfaction of being a police officer is knowing that you might have made a difference, even if you don't know what may have changed because you did good police work.

"There's certainly a sense of satisfaction that we know that we're a part of something larger, though we probably won't ever know what that was," Quackenbush told The Batavian. "But at the end of the day, you know, we don't know why they were here. We don't know what they were doing. And based on their behavior, it was something not good. And so we were able to intervene in that and at least delay plans if nothing else."

What Quackenbush and Chamoun found in a car owned and operated by Jones was a Palmetto State Armory AR15 .223 caliber rifle and a 30-round magazine.  That was enough for a SAFE Act-related arrest.

They also found, according to police documents, officer statements, and video from the scene, two brand new compound bows, tactical combat casualty care gear, casualty care manuals, handwritten copies of the Russian alphabet, right-wing extremist literature, assorted paramilitary gear, two-way radios, along with bolt cutters, a crowbar and gloves in a backpack.

"There was definitely a lot going on there that raised a lot more questions," Chamoun said. "None of those are in and of themselves a crime, but it kind of raised our questioning."

Even so, given the officers' training and experience, they weren't trying to uncover a terrorist plot during the traffic stop -- an agent of the JTTF would explore that while questioning Jones later back at the Sheriff's Office -- they were more focused on the potential for possession of stolen items, drugs, illegal firearms, or just what crime one of them might have committed that made them so nervous about talking with the deputies.

While 24-year-old Jones was accused of violating the SAFE Act, he was never prosecuted locally. Soon after his arrest, he was charged with a federal crime because he was a felon in possession of a firearm. He pleaded guilty in federal court and is expected to be sentenced on May 16.

Reporter Jordan Green, of Raw Story, picked up on the arrest of Jones because of his interest in the Jan. 6, 2021 insurrection in Washington, D.C., which Green has reported, Jones participated in (at least in the march), and he has identified Jones as a member of the Proud Boys and Patriot Front.

Given the interest in Jones by federal authorities and his potential involvement in extremist political groups, and the fact he was arrested locally, The Batavian requested from the Sheriff's Office through the Freedom of Information Law the arrest and investigation-related documents as well as body-worn camera footage of all law enforcement interactions with Jones and his passenger.

Federal authorities also expressed a strong interest in the man who was with Jones, but Green told The Batavian he has yet to uncover any ties between that man and any extremist organizations. The Batavian in its own search did not find any connection. Because he is not facing any criminal charges at this time, The Batavian is withholding his name and blurred his likeness in the accompanying video.

That's weird, right?
At 4:36 p.m. on March 19, Quackenbush and Chamoun were on patrol on Clinton Street Road when they spotted a silver Nissan Sentra with no front license plate (required in New York) and no inspection sticker or registration sticker visible in the windshield.  

Quackenbush turned around to follow the vehicle. 

A Sheriff's patrol vehicle turning around apparently caught the attention of Jones, who turned onto a side road. The patrol followed. He made at least two more turns, and at least on one, he didn't use a turn signal.

With that, the deputies had probable cause for a traffic stop.

Jones pulled over on School Road, and the officers approached the vehicle, Quackenbush on the driver's side, and Chamoun on the passenger side.

Quackenbush asked where they were going.  Jones told him they were going to Rochester, and Quackenbush wanted to know if that was the case, why Jones didn't stay on Route 33.  Jones said he thought he was on the road to Rochester. 

In the midst of the discussion about directions, Chamoun said, "You took three turns rather than just staying on the same road that you were on? See what I'm saying? It's a little weird, right?" 

He then asked the passenger to step out of the vehicle so he could question him separately from Jones.

"So we do this a lot," Chamoun tells the passenger once they're standing in front of the patrol vehicle. "It's a little weird when we see a car see us and then decide to turn onto back roads, as beautiful as they are, and then divert back to the same road that they're on, you know what I'm saying?"

"I see how you can think that," the passenger said.

"Well, I mean, it usually results in felony drug arrest, guns, warrants, that kind of stuff. We do this all the time."

Chamoun then asks several questions -- who owns the car, how long have you known him, where had they been, where they were going.

They had apparently been to a residence on Harvester Avenue in Batavia to purchase a Chevrolet Express Van, which the passenger did purchase, and then it was towed to a Batavia repair shop for maintenance. At least, that's the passenger's story.

But some key information the passenger shared with Chamoun didn't match what Jones was saying.

The passenger said he and Jones had recently met and they met online. Jones said they had known each other for years. He couldn't say how long. But they met through "just random stuff," and through a mutual friend whom they hadn't seen in a long time.

"I will say this your guys' stories are completely different," Chamoun tells Jones. "Weird, right? .... Typically, when a motorist is in a vehicle with a passenger who they claim they've been friends with for years, they should have the same story. So you understand that it's weird, right?"

Jones said he didn't have the best memory.

Then the officers start questioning both men about the bow in the back seat.  Neither claim ownership but said it wasn't stolen.

Then they wanted to know about the backpack in the front passenger seat with bolt cutters sticking out.  Jones said it belonged to the passenger. The passenger, when asked if it's his bag, says, "I plead the fifth."

The dance for information continues, with Jones telling the officers repeatedly, "nothing against you guys," as he evades straightforward answers to yes or no questions, claiming he generally doesn't trust police officers.  He tells them, "I'm sure you guys are great. You're just doing your job."  But remains evasive. He dodges questions. When he is seemingly caught in a lie, he says he's nervous because he's not experienced in dealing with police officers.

Quackenbush tells Jones, "I've been pulled over by police before, and I wasn't nervous, and I didn't lie, right? So when someone's lying to me, that seems to me, 'okay, there's something that he's hiding that he doesn't want me to catch."

Is there a gun in the vehicle?
At first, he's willing to let the deputies search the backseat of his car.  They inform him that since he is the owner and operator of the vehicle, he's responsible for its contents.

Eventually, Quackenbush asks directly if he can search the backpack.  He pulls it out and finds not just the bolt cutters but a crowbar, flashlights, and gloves.  He notes the items look like burglary tools.  The questions zero in on whether anything in the car is stolen.

As Quackenbush looks at the contents visible on the front seat, the broken glove compartment opens, and Quackenbush spots a box of ammo.

"Is there a firearm in the car?"

"There shouldn't be," Jones says.

Chamoun goes back to the patrol car and reads the passenger -- who has already been detained and is handcuffed -- his rights.

The passenger says he understands his rights and he wants a lawyer.

Chamoun heads back to the passenger side of the vehicle, where Quackenbush is continuing to examine the contents of the backpack.

"He just lawyered up," Chamoun says.

From this point on, Jones is a lot less willing to let the deputies search his vehicle.

Chamoun questions the passenger again. 

"Is that 762 yours?" 

"I plead the fifth."

"Are you comfortable back here? Can I get you anything?

"I plead the fifth."

Chamoun then returns to Jones and Quackenbush, who are standing in the roadway next to the Sentra.

"He says the rifle in the vehicle is yours," Chamoun tells Jones.

"So there is a rifle," Quackenbush says. 

Jones shakes his head no.

"He just told us there was," Quackenbush says. "What are we doing here?"

"He's scared," Jones says. "What do you want him to say?"

"What's the deal with a gun?" Quackenbush asks Jones. "Are you not supposed to own a gun? Is that what's up? Like, are you on felony probation? Have you been arrested for something that you're not supposed to own a firearm? Is that what this is all about? I mean, I'm just I'm done. I don't want to beat around the bush anymore."

Jones denies there's a gun in the vehicle.

"So you're saying that absolutely, no way, shape or form there is a gun in this vehicle?"

Jones shakes his head.

The deputies then turn their attention to the mismatched license plate and VIN number on the car.  Quackenbush charges Jones with driving an unregistered vehicle on a highway. The deputies now have the authority to impound the vehicle, which requires that its contents be inventoried.

While going through the items in the trunk, Chamoun pulls out a brand new, never been fired, AR15.

At this point, the officers were not aware of the suspect's felony conviction in North Carolina on sex crime charges, so they couldn't arrest him for a violation of probation. But the weapon and its magazine violated the SAFE Act.  Jones was charged with two counts of criminal possession of an assault weapon in the third degree.

In the patrol car, while in custody, Jones reportedly admitted to the felony charges in North Carolina, something that hadn't come up when dispatchers searched for any records on Jones during the traffic stop.

Friends in New York
The agent from the Joint Terrorism Task Force who questions Jones at Park Road really wants to know what Jones is doing in Western New York.

It can't be for the weather, the agent tells Jones.

"I really liked the snow so far," says Jones, who hadn't been in the Rochester area for even two weeks at that point, according to earlier statements to the deputies. "I got tired of the ice pretty, pretty fast. But it is nice. And, you know, I already have friends. I mean, you know, it's not like I moved into some random state."

The agent wants to know, if Jones is released, where he will stay.  Jones doesn't know but assures the agent he has plenty of contacts in the area, and he has no doubt he can find a couch to sleep on.  All he has to do is text a few people once he gets his phone back.

The agent asks if Jones there is a group in the area that he is a part of, or if he's linking up with a group while in the area.

"I would be more comfortable answering that after I talked to a lawyer," Jones says. "I can definitely say (long pause) I can definitely say (long pause) a lawyer would be good."

The agent presses Jones to tell him if there are any kinds of nefarious plots afoot. Rather than say he couldn't possibly know such a thing, denying any contact with terrorists, Jones says he would be willing to answer such questions but not under present circumstances.  He is in cuffs, and he wants to speak with an attorney. 

"I more than understand," Jones says. "I mean, I don't think anyone here wants anything like that to happen. No one wants people to get hurt. No one wants -- your counter-terror, right? ...  no one here likes terror. I mean, I hate to say the obvious. It is objectively a bad, immoral thing, speaking as a Christian, personally. But again, it's not that I don't want to help you. But my situation right now is -- handcuffs. And I would like to, I guess, not sleep here. I want to help you. But I want to help you in a way that helps both of us."

Later, another agent asks, "You don't think there are any immediate concerns?"

"I don't think there's anything that's going to pop up the next day or two, before talking to a lawyer, that would actually give you cause for concern, at least not to my knowledge, mind you, in my very limited time here," Jones tells him.

The FBI, though a public information officer, declined a request for an interview citing the pending sentencing for Jones.

Good police work
Sheriff William Sheron is proud of his men.  He chalks up the arrest to doing, well, exactly what they're trained to do (and both have received extra training through Sheriff's Office on exactly these kinds of traffic stops, called 'interdiction'). Both followed their training, he said, and their intuition, and doggedly tried to put the pieces together when clearly something was amiss.

In fact, the arrest played a role in both men receiving awards from the Sheriff's Office command staff two weeks ago at the department's annual awards luncheon.

Quackenbush was named Officer of the Year, and Chamoun received a meritorious service award. There were other actions by the deputies in 2022 that contributed to the awards, but the Jones arrest was cited as among the reason for the awards.

"It is good police work," Sheron said. "That's exactly what it is, you know, being inquisitive and acknowledging that when the hair stands up on the back of your head, and you're thinking something's not right here, probably something isn't."

Note About The Video: The Batavian received more than two hours of body-worn camera video. It's been edited down to 33 minutes. Most of the footage came from two deputies and duplicated events.  We edited to produce a chronological narrative, leaving out parts where wind noise made it impossible to hear speakers. Sometimes we used the better-quality audio from one officer's camera with video from the other officer's camera.  We also removed some information involving personal medical information about the suspect and discussion that was repetitive or revealed personal details about the passenger who wasn't arrested.

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