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MICHAEL BAILEY 

United States Attorney 

ANNA WRIGHT

Assistant U.S. Attorney 

NATHANIEL J. WALTERS 

Assistant U.S. Attorney 

State Bar No.: 029708 

405 West Congress, Suite 4800 

Tucson, Arizona 85701-5040 

Telephone: (520) 620-7300 

E-mail: anna.wright@usdoj.gov 

E-mail: nathaniel.walters@usdoj.gov 

Attorneys for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

 Plaintiff, 

 vs. 

Scott Daniel Warren, 

 Defendant.

18-CR-223-TUC-RCC (DTF) 

GOVERNMENT’S NOTICE OF INTENT 

TO INTRODUCE PRIOR ACTS 

PURSUANT TO FED. R. EVID. 404(b) 

The United States of America, by and through counsel undersigned, hereby provides 

notice pursuant to Federal Rule of Evidence 404(b) that it intends to admit the following 

other acts evidence: 

June 16, 2017 

At approximately 2:35 p.m. on June 16, 2017, Susannah Brown texted the defendant 

the following message: “Do you have a safe phone with you? I’d like to talk.” About an 

hour later, at 3:24 p.m., the defendant texted Emily Saunders the following message: “FYI 

susannah might be calling you.” She responded at approximately 4:05 p.m. with “Not sure 

why. We are meeting after work[.]” This was the same day that Border Patrol executed a 

search warrant at a No More Deaths camp in Arivaca, Arizona, and arrested four illegal 

aliens who stayed at the camp for approximately two days. 

/// 
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October 7-9, 2017 

Beginning on October 7, 2017, at approximately 10:30 a.m. and continuing to 11:00 

a.m., Irineo Mujica and Emily Saunders texted about the location of an illegal alien that 

was in distress in the desert near Ajo. 

Beginning at about 3:00 p.m., the defendant began coordinating with Susannah 

Brown, “Ana” and “Gabe” to locate this illegal alien. 

• At about 3:05 p.m., “Ana,” using Brown’s phone, sent a text to the defendant, 

saying “Hey Scott, so we are still looking. Are there any blue blank food signs in Ajo? He 

says that he’s on the shoulder of a bridge/overpass with no road beneath it, and we’re not 

quite sure anymore where that might be, aside from a cemetery existing –Ana[.]” 

• A little over an hour later, “Gabe,” using Brown’s phone, sent a text to the 

defendant, saying “Hey Scott, has anyone gone down to Why/Organ Pipe? We’re going 

down now if no oh else has-Gabe.” When the defendant responded in the negative, “Gabe” 

texted “Okay cool. We are planning to search there as soon as we get back to the barn.” 

• At 5:30 p.m., the defendant received a text message from Brown, saying that 

she just got back and “Gabe & Ana headed down to Why.” Shortly thereafter, Brown texted

again, saying “I just got a call...From some friends in Why. Our friend is at their house. 

Can you get me Ana’s phone #[.]” The defendant responded by asking if he should “come 

over now[,]” and when Brown indicated that she’s “not sure [she] can do much[,]” the

defendant offered to “take over.” Brown then asked the defendant to “come over” so she 

“can give [him] contact info?”1

 The defendant agreed. 

On October 8 just before 10:00 a.m., the defendant asked Brown if she had “a few 

minutes to come out to the 5 acres this morning?” Brown agreed that she could come out 

“in an hour or so[,]” and the defendant said that he and “Em” “might be gone but Ana will 

be here.” Brown asked the defendant if he “want[s] to stop by here briefly[,]” and the 

 

1

 There is no exchange of contact information over text between the defendant and Brown 

on that day. 
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defendant said that they will “if we leave before you get here[.]” Brown then said she will 

text when she is leaving and, about an hour later at 11:26 a.m., texted that she is “heading 

out[.]” That evening, just before 6:00, the defendant gave “Violet” Ana’s phone number so 

that she can “let them know myself and two other[s] will be rolling into the barn around 9 

am” the next day. 

On October 9 at 10:20 a.m., Brown emailed the defendant and wrote that she was 

going to Phoenix on a pre-planned trip, hoped to be back in time for an Ajo Samaritans 

meeting, and “will touch base later.” The defendant responded that it “turns out a Tucson 

NMD crew is arriving today and staying through Wed[nesday,] so that will be helpful.” 

That afternoon, at about 3:10 p.m., Violet confirmed that the defendant or “Emily” are 

planning on “dropping by the barn today?” The defendant then asked Saunders if she “can 

find out if they brought ajo dodge.” 

Respectfully submitted this 30th day of September, 2019. 

 MICHAEL BAILEY 

United States Attorney 

District of Arizona 

 /s/ Anna R. Wright & Nathaniel J. Walters

 ANNA WRIGHT &

 NATHANIEL J. WALTERS 

 Assistant U.S. Attorneys 

Copy of the foregoing served electronically or by 

other means this 30th day of September, 2019, to: 

All ECF participants