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Case 1:11-mj-00851-TRJ Document 2

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION

UNITED STATES OF AMERICA

v.
AMY HUNTER,
Defendant.

Case No. 1:1 lmj *&51

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT Introduction

I, Andrea David, being duly sworn depose and state as follows:


1. I have been a Special Agent with the Naval Criminal Investigative Service

("NCIS") for nine years. I am currently assigned to the NCIS Resident Agency aboard Marine Corps Base Quantico, Virginia. I have conducted numerous investigations relating to violent crime, including but not limited to investigations involving aggravated assault, domestic
violence, sexual abuse, child sexual abuse and murder.

2.

This affidavit is submitted in support of a criminal complaint against AMY

HUNTER, charging her with Murder in the Second Degree, in violation of Title 18, United
States Code, Section 1111. The facts and information contained in this affidavit are based upon

my personal knowledge of this investigation, as well as the observations of other law


enforcement officers involved in this investigation. All observations that were not personally

made by me were conveyed to me by the persons who made such observations.


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3.

This affidavit contains information necessary to support probable cause for this

application. This affidavit is not intended to include each and every fact and matter observed by
me or known by the government.
Probable Cause

4.

The defendant AMY HUNTER is a United States citizen, who resides aboard

Marine Corps Base in Quantico, Virginia with her U.S. Marine Corps Member spouse, and her
dependent child. 5. On or about April 26,2011, in the Eastern District of Virginia, aboard Marine

Corps Base in Quantico, within the special maritime and territorial jurisdiction of the United
States, the defendant AMY HUNTER assaulted and shook a child in her care, causing the child

serious bodily injury which resulted in the child's death. 6. Specifically, on or about the morning of April 26, 2011, beginning at

approximately 8:15 am, nine-month old child (hereinafter "C.P.") was in the care of her regular,
unlicensed, at-home child care provider, the defendant AMY HUNTER, at HUNTER's residence

on the Quantico Marine Base. HUNTER's spouse was not at home that morning, and HUNTER
was alone in the house with her ten-month old daughter and C.P.

7.

At approximately 9:23 a.m. that morning, HUNTER placed a 911 call, and

reported that C.P. had "hit the back of her head really hard" and lost consciousness. HUNTER
further explained that C.P. had "smacked her head on the staircase." Shortly after the 911 call,

emergencymedical services responded to HUNTER's residence, and C.P. was airlifted to


INOVA Fairfax Hospital in Fairfax, Virginia.

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8.

Later on April 26,2011, your affiant interviewed HUNTER at her residence.

During the interview, HUNTER stated, in sum and substance, that earlier that morning, after she put her 10-month old daughter down for a nap, she gave C.P. a bottle. HUNTER stated that she
stopped feeding C.P. to get up to use the bathroom. HUNTER stated that when she returned from the bathroom, she observed C.P. holding onto a chair in a standing position. HUNTER explained that when she called C.P. by name, C.P. turned toward HUNTER and fell backwards,

striking the back of her head on the lower chair rail. HUNTER stated that she observed that C.P. was unconscious, and she picked up C.P. and carried her into another room, where she laid C.P.
on the floor. When HUNTER could not awaken C.P., she called C.P.'s mother, who told her to
call 911.

9.

Doctors at Fairfax INOVA Hospital determined that C.P. suffered from skull

fractures, soft tissue swelling overlying the skull fractures, subdural hematoma and severe
bilateral retinal hemorrhages. Physicians also noted that C.P. had a healing rib fracture in her

left eighth rib, which was likely a few weeks old. Dr. William Hauda II, Medical Director,
Forensic Assessment and Consultation Teams Department, INOVA Fairfax Hospital, found that

C.P.'s head injury was severe, and that her head had both contact and non-contact injuries. Dr.
Hauda found that C.P.'s skull fractures "could only be explained by impact on the back of her

head." However, the location of C.P.'s brain hemorrhages were consistent with "non-contact

inertial trauma during violent repetitive rotational head trauma." 10. On or about the evening of April 27,2011, your affiant conducted a second

interview of HUNTER. During this interview, HUNTER admitted that on the morning of April

26,2011, she repeatedly shook C.P., causing C.P.'s head to strike the wall. She related that after
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C.P.'s head hit the wall, C.P. appeared to lose consciousness. HUNTER stated that after the baby lost consciousness, she first called C.P.'s mother, and then called 911. HUNTER further

admitted that she had shaken C.P. in a similar fashion approximately three weeks prior to April
26th.

11.

A search of a computer seized from AMY HUNTER's residence revealed that

between January 2011 and April 27,2011, an individual with access to the computer had
conducted several internet searches related to "shaken baby syndrome" and "baby hits back of

head." The first of these internet searches was performed on or about January 6,2011. Two of these internet searches occurred on the morning of April 26,2011, at approximately 9:01 a.m.
and 9:02 a.m.

12.

On or about April 28,2011, C.P. was pronounced brain dead, and was removed

from life support. An autopsy later revealed that C.P. had multiple injuries, including skull fractures, a subdural hematoma, retinal hemorrhaging and a healing rib fracture. The medical
examiner who performed the autopsy found the cause of death to be craniocerebral and spinal

cord injuries, and the manner of death to be homicide. 13. Based on the information provided in this affidavit, there is probable cause to

believe that on or about April 26,2011, in the Eastern District of Virginia, aboard Marine Corps
Base in Quantico, within the special maritime and territorial jurisdiction of the United States, the

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defendant AMY HUNTER committed murder in the second degree, in violation of Title 18,
United States Code, Section 1111.
FURTHER YOUR AFFIANT SAITH NOT.

Andrea David

Special Agent U.S. Naval Criminal Investigative Service


SUBSCRIBED AND SWORN TO

BEFORE ME THIS _ DAY


OF OCTOBER 2011

/8/Thomas Rawtes Jones, Jr.

The Honorable T. Rawles Jones, Jr.

United States Magistrate Judge Alexandria, Virginia