Text of report on flashes recorded at end of Waco siege

VDS (UK) received a report? originated by the Davidian experts study of the FLIR imagery, alleging:

In addition to these 37 reported instances, VDS (UK) then identified a further 20 instances of similar anomalous thermal activity. our following report provides analysis of these 57 events.

Detailed exploitation of the FLIR imagery, together with comparative analysis of the collateral imagery, and of muzzle flash and debris reflection identified during the FLIR trial leads us to the following conclusions:

1. Gunfire

From the information available to VDS (UK), we have concluded that the 57 thermal events, including the alleged sighting of a person, are all caused by Passive Specular Solar Reflection, Active Thermal Reflection or movement of debris. our report provides illustrations identifying the causes of these thermal events.

2. Time of Fire

Our determination of the first outbreak of fire indicated on the FLIR imagery is at 12:07:43 on the second floor of the Red/White corner. A near simultaneous outbreak occurs at 12:08:26 at the cafeteria/kitchen entrance. our report provides illustrations of the outbreaks of fire.

3. Personnel

Our conclusion is that throughout the morning of 19 April 1993, no persons are seen on imagery until 12:10:50; thereafter numerous personnel (assumed to be Government personnel by their actions) attend the fire.

1. Background

1. Report Compilation

This report was compiled by staff of Vector Data Systems (UK) Ltd (VDS (UK). VDS (UK) is a UK-registered, majority-owned subsidiary of Vector Data Systems Inc (VDS Inc) and is located in Peterborough, England from where it operates primarily in support of UK Ministry of Defence Requirements.

The company specialises in providing imagery exploitation ground stations, imagery software and imagery training and consultancy services. The operational and executive control of all VDS (UK) activities is vested in the UK staff, all of whom are UK nationals. VDS (UK) has not previously been under a direct contract to the US government. In 1997, VDS Inc., Alexandria, Va., was acquired by the Anteon Corporation.

The lead VDS (UK) analyst for this report was Daniel David oxlee, supported by Nick Evans and Peter Ayres. Biographies for these members of staff are at Attachment 1.

2. Synopsis

On 9th September 1999, the Attorney General of the United States appointed Senator John C. Danforth to investigate certain event that occurred at the Mount Carmel compound in Waco, Texas on 19th April 1993. Immediately after his appointment, Senator Danforth established the oSC to carry out this investigation.

3. Instructions

On 2nd December 1999, VDS (UK) was retained by the oSC to analyse and interpret airborne Forward Looking Infrared (FLIR) imaged by the FBI using a Night Stalker aircraft flying AN oRBIT ABoVE THE Mount Carmel compound on 19 April 1993.

4. Disclosure of Interests

No member of staff at VDS (UK) has any connection with any of the parties, witnesses or advisers involved in this case.

5. The Examination of Evidence

The examination of imagery evidence took place at VDS (UK) premises at Newark Road, Peterborough England from 4 January until 5 May 2000.

6. Detailed Methodology

We viewed the FLIR videos using a video recorder with a frame-by-frame viewing capability. This procedure allowed us to observe individuals frames at length and to familiarise ourselves fully with the events that took place. We also digitised the FLIR tapes to enable us to use a variety of digital techniques to view, analyse and compare data using the software tools detailed at Para 2.7.

We selected the most appropriate FLIR images of each event in order to determine significant features regarding the Shape, Size, Shadow and Associated Features of the object and its background. Most importantly, we studied the Tonal Ranges of both object and background in terms of ground resolution and thermal discrimination.

Having identified 57 specific instances of potential thermal activity requiring detailed examination, we then undertook a comparative assessment (one event with another) where those events looked similar with regard to sun angle/sensor aspect.

It is important to note that we used all of the available FLIR imagery in making the comparison and not only the frames that have been selected for illustrations in this report.

We then reviewed all the available collateral imagery (ground & air) and conducted comparative analysis with the FLIR, using a variety of softcopy exploitation techniques, in order to reach an interim assessment. Where possible, we used imagery of similar scale and viewpoint.

Finally, and following the FLIR Trial held under our direction at Fort Hood on 19th March 2000 (Attachment 2), we compared results from that FLIR trial with our interim assessment to reach the final conclusions stated in this report.

7. Technical equipment

The imagery was exploited on our Desktop Imagery Exploitation Workstation (DIEWS) which includes the following commercially available software packages:

Additionally, we utilised a SUN Ultra 2 workstation mounting DIEPS ? software and CrystalEyes? stereo viewing equipment to view individual frames in stereo, together with an Apple Mac workstation with miniCAD 7? software to generate 3D drawings and support out mensuration.

Report generation and desktop publishing was achieved using a suite of PCs using Microsoft? Paintshop Pro? and Adobe? software.

The accompanying interactive CD-RoM supporting illustrations were generated using General Dynamics Digital Video Analyser. & [note: the next sections, 2.7.1 through 2.7.3, describe use of a CD-RoM of video and still photos sent along with the report to the court and to the parties in the pending federal wrongful death case]

1. Reference Material

All material used in the compilation of this report is itemised at Attachment 3. The information cut-off date was 10 April 2000.

3. The Mt. Carmel Compound

Figure 1 (aerial photograph of the Mt. Camel complex, taken from above the front side of the building) illustrates the compound and is colour codes allocated in 1993 by the FBI. For ease of reference we have used these FBI colour codes to avoid confusion and for ease of cross-reference with reporting by other agencies.

[The report then shows Figure 1, followed by Fig. 2 _ schematic drawings of each side of the compound. The front of the building is labeled White side; the back is Black side, the left _ nearest a metal water tower _ is labeled Green side; and the red side is opposite that]

4. FLIR Imagery

Four Night Stalker FLIR tapes covering the events at Mt Carmel on 19th April 1999 were viewed and assessed for interpretative quality using the Infrared Imagery Interpretation Rating Scale (IIRS), adopted as a standard by NATo, and included as Attachment 5. FLIR Tape Start End IIRS Rating Comment 1 05:58 08:00 0 _ 1 Night Stalker off task 09:30 to 10:41 2 07:57 09:30 2 3 10:41 12:41 6 _ 7 Sensor switched off 10:47:16 to 10:52:58. Reason unknown. 4 12:41 14:01 5 Degraded by fire causing FLIR system saturation

1. FLIR Tape 1

FLIR Tape 1 covered the acknowledged time span when Government agents first attempted to displace Davidian personnel present within the compound. Although the tape was viewed throughout, obscuring cloud cover during virtually the whole of this imaging period reduced the overall IIRS rating of FLIR Tape 1 to IIRS 0-1.

The FLIR operator had selected ``black-hot for most of the tape. An example of the best imagery from FLIR Tape 1 is at Figure 3. [note: Figure 3 is a single frame of infrared video]

2. FLIR Tape 2

Flir Tape 2 is rated overall at IIRS 2, and again the operator had selected ``black-hot. This imagery was better than on FLIR Tape 1, due to improving weather conditions. Even so, the imagery lacked the potential to observe gunfire, although some military-type vehicle movement was visible. An example is the building penetration on the White side by CEV-1, that occurred at 09:11 hrs, depicted at Figure 4. [note: Figure 4 is a single frame of infrared video.]

3. FLIR Tape 3

FLIR Tape 3 Is IIRS 6-7, notwithstanding the prolonged time interval since April 1993 and the numerous viewing of this analogue tape by the various parties prior to its dispatch to VDS (UK) in January 2000.

FLIR Tape 3 is an overall resolution sufficient to allow detailed analysis of some 15 instances of alleged 2 Government gunfire, 3 alleged Flashbang detonations, 1 sighting of a person on the ground together with 18 instances of alleged Davidian gunfire.

In addition to these 37 reported instance, VDS (UK) has identified a further 20 instances of similar anomalous thermal activity.

4. FLIR Tape 4

This ``white-hottape shows the Compound as the fires rapidly spread. As a consequence, the radient energy threshold is such that the automatic gain control could not (apparently) produce a meaningful image for much of the time.

5. Terminology

Some terminology used in this report is, of necessity, specialist in nature and subject to national variation.

However, in this report the term Passive refers to a return on the FLIR imagery that is the result of solar action, whilst the term Active indicates that the source of the emission stems from mankind (for example a running engine).

Although Temperature is the dominant in determining the strength of a thermal return on FLIR, other factors such as the type of Material, the Surface Texture, the Slant Range from a target, and the Imaging Aspect must be considered during detailed imagery analysis.

The majority of commonplace materials have the property to absorb and to subsequently re-emit radiant energy to varying degrees in the long-wave infrared part of the electromagnetic spectrum. However, items such as glass and polished tend to act very poorly in this respect and display low Emissivity with consequent high Reflectivity.

In the passive sense, the same materials can reflect mankind-derived energy to the sensor system, again given the right imaging aspect. The active effect is here termed Active Thermal Reflection (ATR).

There is correlation between the location of the sensor, the sun angle and the recording of PSSR returns on the FLIR. As the aircraft orbits the Mt Carmel compound, certain PSSRs are imaged only when the sensor viewing aspect, sun and reflecting debris are in a specific correlation _ we term this sensor viewing aspect the Sensor Zone of Regard.

6. Passive Specular Solar Reflections (PSSR)

The FLIR trial results (Attachment 2) clearly identify PSSRs collected by the Lynx FLIRR in the 8-14 micron part of the electromagnetic spectrum. The following two events, recording by the Night Stalker FLIR on 19 April 93, act as an empirical example of PSSR, as described in the FLIR Trial report.

6.2 PSSRs At The Swimming Pool

Master Event List VDS Serial 1. A number of flashes can be observed on the water at the deep end of the pool. The swimming pool flashes are the results of wave motion on the water in reflective line-of-sight with both the sun and the FLIR sensor, and are identified as PSSRs.

There is a very bright return from an unidentified object at the edge of the pool that is assessed also to be PSSR.

These flashes were not included within the Davidian allegation of weapons discharge, and yet they display very similar characteristics to the other series of flashes claimed to be gunfire, see Figure 5.

Figure 5 - See CD Rom Video Clip # 1 (note: two images, one a still photo and the other a FLIR frame of the swimming pool on April 19, 1993)

6.3 PSSRs At The Storage Tank

Master Event List VDS Serial 3. Two flashes can be seen on the FLIR (Figure 6) that are similar in all respects to the majority of those alleged to be gunfire elsewhere on FLIR Tape 3. These two flashes from the same spot result from what is believed to be a smooth metal plate (Figure 7, imaged prior to 19th April 1993) lying on ground in reflective line-of-sight with both the sun FLIR sensor, and are therefore identified as PSSRs. [note: figure 6 is a FLIR frame from April 19 and figure 7 is a still photo]

These flashes are not observed at other times since the sun shadow, angularity, and the gap between nearby building and the storage tank are not replicated exactly elsewhere on the FLIR coverage. These flashes were not included within the Davidian allegations of weapon discharge, and yet they display very similar characteristics to the other series of flashes claimed by the Davidians to be gunfire.

6. Active Thermal Responses (ATR)

7.1 FLIR Trial Results

The FLIR trial results (Attachment 2) clearly identify ATRs collected by the Night Stalker FLIR in the 8-14 micron part of the electromagnetic spectrum. Figure 8, recorded by the Night Stalker FLIR during the 19 March 00 FLIR Trial illustrates an empirical example of ATR, as described in the FLIR Trial report. [note: figure 8 in a still FLIR frame}

7.2 ATR Example From 19 April 93

Figure 9 illustrates an ATR caused by the heat of the CEV engine reflected from debris on the ground during CEV operations at Mt Carmel. [note: figure 8 is a still FLIR frame]

8 Master Event List And Vds (UK) Analysis

VDS (UK)[NL]Serial Time Event Alleged gunfire VDS (UK) Analysis and Flash Durations (seconds) Report Figure Number

1 10:53:24[PARA]to[PARA]10:53:25 Black side &.Flashes in water at deep end of pool PSSRs from water 5

2 10:54:21 Red side &.Flash at damaged structure (below window B2) PSSRs from debris amongst damage (30.13,0.20) 17,52

3 11:05:50[PARA]to[PARA]11:05:52 Green/White side&.Flashes near a dome-roofed water storage tank PSSRs from very low emissivity material on the ground (1.00, 0.87) 6, 7

4 11:14:10 Red side &.flash at damaged structure (below window B2) PSSRs from debris[PARA](0.03, 0.07, 0.03) 18

5 11:18:21[PARA]to[PARA]11:18:23 Black side &.flash from left rear hull of CEV-2 4Alleged Government Gunfire PSSRs from debris on CEV[PARA](0.90) 37

6 11:18:48 Black side &Flash at demolished corner of Gym Side panelling pushed out by CEV-2. Top edge movement of resultant debris depicted (0.53)

38

7 11:23:25 Black side &Flash near left rear of CEV-2, close to Gym Alleged Government Gunfire[PARA]ATR from debris on ground[PARA](0.20) 39

8 11:24:30[PARA]to[PARA]11:24:32 Black side &.Flashes directly to the rear of the CEV-2 Alleged Government Gunfire[PARA]ATR from debris on ground, CEV passes directly over it (0.30) 40

9 11:24:50[PARA]to[PARA]11:24:51 Black side &Flashes from window B3 or B4 overlooking Cafeteria roof Alleged Davidian Gunfire from window PSSRs from debris on roof (0.13, 0.20) 24

10 11:25:02 Red side &Flash on Chapel roof Alleged Government Gunfire or Government Flash Bang PSSRs from debris on roof (0.13, 0.03, 0.07, 0.03) 20

11 11:25:04 Red side &Flash on Chapel roof Alleged Government Gunfire[PARA]PSSRs from debris on roof (0.10) 21

VDS (UK)[NL]Serial Time Event Alleged gunfire VDS (UK) Analysis and Flash Durations (seconds) Report Figure[NL]number

12 11:26:27 Black side &Flashes near rear right drive sprocket of CEV 2 Alleged government gunfire [PARA]ATR from debris on ground[PARA](0.03, 0.03) 41

13 a. 11:28:04 to 11:28:07 [PARA]b. 11:28:13 to [PARA]11:28:14 Green side &Flashes in Courtyard in front of Residential Tower Alleged Government Gunfire[PARA]PSSRs from falling debris as CEV-2 penetrates Gym (a. image fault, 0.03, 0.07, 0.10, b. 0.70) 31

14 a. 11:28:18 [PARA]b. 11:28:21 Black side &Flashes from window B4 overlooking Cafeteria roof. Also on roof Alleged Davidian Gunfire from window PSSRs from debris on roof in all cases (a.0.10, b.0.27) 24

15 11:28:22 Black side &Flashes on Cafeteria roof PSSRs from debris on roof (0.27) 24

16 a. 11:30:08 [PARA]b. 11:30:14 Green side &.Flashes (weak) in Courtyard in front of Residential Tower PSSRs from fallen Gym debris (a. multiple 0.03, b. multiple 0.03) 31

17 11:30:26 Black side &. Flashes on Cafeteria roof. Also from window B3 overlooking Cafeteria roof Alleged Davidian gunfire from window PSSRs from debris on roof in all cases (0.40, 0.30) 25

18 11:34:32 Green side &.Flash in Courtyard in front of Residential Tower Alleged Government Gunfire[PARA]PSSRs from fallen Gym Debris (0.27) 31

19 11:34:32 Green side &Alleged man running from destroyed NE corner of Gym to dive platform at corner of Swimming Pool Alleged Government Agent[PARA]Wind blown debris material from damaged gym 32

20 11:34:33 Black side &.flashes on Cafeteria roof PSSRs from debris on roof (0.10) 26

21 11:34:45 Red side &.Flash on Chapel roof Alleged Davidian Gunfire[PARA]PSSRs from debris on the roof [PARA](0.40, 0.30) 21

22 11:38:31 Black side &. Flash 15 feet in front of CEV-2 Alleged Government Gunfire PSSRs from fallen debris (0.37) 43

23 11:38:45 Black side &. Flash at black spot at innermost penetration CEV-2 into Gym Alleged Government Gunfire[PARA]PSSRs from fallen Gym debris (0.73) 42

24 11:42:00 [PARA]to 11:42:01 Red side &Flash at damaged structure (below window B2) PSSRs from debris amongst damage (0.07, 0.07, 0.07) 18

VDS (UK)[NL]Serial Time Event Alleged gunfire VDS (UK) Analysis and Flash Durations (seconds) Report Figure[NL]number

25 11:43:33 White side &Flash on single-storey Quarters roof Alleged Davidian Gunfire[PARA]PSSRs from debris on roof (0.27) 10

26 11:43:35 to 11:43:38 White side &.Flashes from window B5 overlooking single-storey Quarters roof Alleged Davidian gunfire from window PSSRs from very low emissivity material (0.30, 0.37, 0.47, 0.23) 10

27 11:44:48 Black side &.Flash on Cafeteria roof Alleged Davidian Gunfire towards CEV-2 or Courtyard[PARA]PSSRs from debris on roof (0.17) 26

28 11:44:52[PARA]to 11:44:53 Black side &Flash on Cafeteria roof _ then flash Residential Tower window C3 followed by multiple flashes on roof Alleged Davidian Gunfire towards CEV-2 or Courtyard [PARA]PSSRs from debris at base of Tower and on roof of Cafeteria [PARA](0.17, 0.17, 0.17,0.03) 26,

29 11:45:15 to 11:45:24 White side &flashes on single-storey Quarters roof (at flag pole end) Alleged Davidian Gunfire towards CEV 1 PSSRs from debris on roof (0.13, 0.27, 0.30) 10

30 11:46: 32 to 11:46:33 Black side &.Flash on ground at base of Residential Tower. Also on Cafeteria roof twice. PSSRs from debris at base of Tower and on roof of Cafeteria (0.13, 0.10) 27,29

31 11:46:34 Green side&.Flash in Courtyard Alleged Government Gunfire PSSRs from fallen Gym debris[PARA](0.23) 33

32 11:46:36 Black side &Flash from window B4 overlooking Cafeteria roof PSSRs from debris on roof (0.03) 26

33 11:46:43 Black side &Flash from Residential Tower window C1 Alleged Davidian Gunfire towards CEV 2 PSSRs from debris at base of Tower (0.13) 29

34 11:47:05 White side &Flash from window B5 overlooking single-storey Quarters roof Alleged Davidian Gunfire towards CEV-1 PSSRs from debris on roof (0.23) 11

35 11:48:14 Black side &Flash from window[PARA]B4 or from Cafeteria roof PSSRs from debris on roof (0.23) 28

36 11:49:01 to 11:49:07 White side &Flashes from window. B5/B6 overlooking single-storey Quarters roof Alleged Davidian Gunfire towards CEV-1 PSSRs from debris on roof (0.43, 0.17, 0.33, 0.20, 0.33) 11,12

37 11:50:17 Black side&.Flash in Courtyard _ near base of Residential Tower PSSRs from debris on ground (0.23) 29

VDS (UK)[NL]Serial Time Event Alleged gunfire VDS (UK) Analysis and Flash Durations (seconds) Report Figure[NL]number

38 11:50:27 Black side&Flash from Residential Tower window C1 Alleged Davidian Gunfire[PARA]PSSRs from debris on roof (0.37) 30

39 11:50:59 to 11:51:04 White side &Flashes from window B5 overlooking single-storey Quarters roof. Also on roof near flag pole. Alleged Davidian Gunfire towards CEV-1 PSSRs from debris on roof (0.40, 0.27, 0.27) 12, 13

40 11:55:46 to 11:55:47 White side &Flashes from windows B5 and also B6 overlooking single-storey Quarters roof Alleged Davidian Gunfire PSSRs from debris on roof (0.33, 0.37, 0.33, 0.50) 13

41 11:57:26 to 11:57:28 White side &Flashes from window B5 overlooking single-storey Quarters roof. Also on roof. Alleged Davidian Gunfire towards CEV1 PSSRs from debris on roof (0.20, 0.33, 0.33) 14

42 11:58:04 White side &.``Flash from damaged window B11 as CEV-1 withdraws from main door Movement of debris out of shadow (0.47) 16

43 11:59:03 White side &Flashes on single-storey Quarters roof. Also on roof near damaged area. Movement of debris out of shadow (0.40, 0.23) 14

44 12:00:40 Black side &Flash from several yards behind CEV-2 Alleged Government Flashbang, alternatively, alleged Davidian [PARA]Gunfire[PARA]PSSRs from very low emissivity material (0.47) 14

45 12:01:06 Red Side &Flashes on ground in front of Chapel PSSRs from debris on ground (0.20) 22

46 12:05:13 to 12:05:16 White side&Flashes from windows B5 and also b6 overlooking single storey Quarters roof Alleged Davidian gunfire towards an M2 Bradley MICV[PARA]PSSRs from debris on roof (8, 0.33,0.13,0.33,0.57) 45

47 12:07:43 White side &second floor window at tower end Active Thermal Signature emanating from inside building 51

48 12:07:51 to 12:07:56 Red side &Alleged heat source at second floor window B1 at white corner Active Thermal Signature emanating from inside building _ seen through damaged window 53

49 12:08:26 Black side &First `hot return from cafeteria/kitchen entrance Probable seat of a fire _ separate from that at Red/White corner (Serial 48)

VDS (UK)[NL]Serial Time Event Alleged gunfire VDS (UK) Analysis and Flash Durations (seconds) Report Figure[NL]number

50 12:08:31 Black side&Long duration flashes from within Gym Alleged Government Weapon Discharge PSSRs from Walkway-window which has dropped onto Gym Debris (0.80) 45

51 12:08:50 Green side&Flash near corner of damaged Gym (close to Tower) Alleged Government Gunfire PSSRs from fallen Gym debris (0.80) 34

52 12:08:51 Black side &Flashes next to CEV-2 at Gym Alleged Government Gunfire PSSR from debris on ground (0.17, 0.10) 46

53 12:09:00 Green side &Flash on lean-to roof at side of Chapel Alleged Government Gunfire PSSRs from fallen window glass (the window under the Satellite Dish) Possibly blown out as a result of the fire. (0.23) 47

54 12:09:23 Green side &Flash from Inner-Courtyard to right of Residential Tower Alleged Government Gunfire [PARA]ATR (as a result of the fire) from debris on ground (0.13) 36

55 12:10:21 Black side &`Hot return from rear of collapsed Walkway at Gym Probably resulting from the spread of fire on Red side 54

56 12:10:50 White side &Person lying on single-storey Quarters roof (near flag pole) Can be discriminated due to strong object/background tonal variances 55

57 12:11:00 to[PARA]12:11:23 Green side&Multiple flashes in debris in Courtyard Alleged Government Gunfire[PARA]ATR (as a result of the fire) from debris on ground 35

9 Alleged Branch Davidian Gunfire

VDS (UK) was not tasked to identify possible Davidian gunfire, but we have included the following analysis for completeness and comparative purposes and to establish the efficacy of the reflective infrared phenomena on 19 April 1993.

Alleged Davidian gunfire was reported as emanating from three main areas _ at or near rooftops at the White, Red and lack sides. [note: report includes a diagram illustrating the ``White side sensor zone of regard]

9.1 White Side

Master Even Serials 25,26,29,34,36,39,40,41,42,43 & 46 These thermal events are only apparent when the aircraft is imaging within the nominated Sensor Zone of Regard, when line-of-sight reflectivity is fleetingly met. Thus on Tape 3, no alleged Davidian gunfire is observed from (or near) this roof at any other time, even though the roof has been imaged at different angles.

At least one flash occurs on 23 differently timed occasions. These 23 flashes span some 26 minutes in time and occur only when the sensor is in the same position with regard to the sun and to the roof in question. It is also noteworthy that this roof provides a consistent tonal background on which to observe a thermal return. Moreover, there is a clear correlation between debris on the roof and the thermal flashes, illustrated in the following series of FLIR images, Figures 10-15, compared with the optical colour images. [Note: Figure 10 is a series of 4 FLIR frames and 1 still color photo of the compound. ]

As in figure 10, there is a clear correlation between glint from the optical image and from the PSSRs on the FLIR imagery at the diverse times illustrated. Yet again, debris on the ground also falls into the Sensor Zone of Regard and therefore the PSSRs are recorded. [Note: Figure 11 is a series of two FLIR frames and one still color photo]

Figure 12 illustrates that the point of origin of the flashes is on the roof in all cases, and not from a nearby window, as alleged. [Note: Figure 12 and Figure 13 are each is a series of 4 FLIR frames and 1 still color photo of the compound]

The developing shape of each flash is consistent with a PSSR and is without the directional properties associated with gunfire. Moreover, the duration of the flashes is excessive for gunfire. [Note: Figure 14 is a series of four FLIR frames and 1 still color photo of the compound. Figure 15 is a series of three FLIR frames and one still color photo of the compound]

Figure 16 illustrates the remaining event on White side (VDS 42) which is the `flash that occurs when the CEV penetrates the Main Door. As the CEV withdraws, it pulls out some debris that produces a PSSR. [Note: Figure 15 is a FLIR frame} 9.2 Red Side

This group of events is described under two sub headings. The first concerns damage to a window and its surrounding wall, and the second part the alleged gunfire from