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A video released by the Drug Enforcement Administration (DEA) Aviation Division shows how thermal surveillance cameras caught the moment prison escapee Danelo Cavalcante was spotted after a lengthy manhunt last month. While at Chester County Prison in Pennsylvania, he managed to crab-walk up a wall, get across the roof and make his way through razor wire. Cavalcante spent two weeks on the run in Chester County after escaping on August 31.
In the video, an outline of a moving body was caught walking through woodland before the morning of his capture. The DEA aircrew was forced to land due to severe weather that night, but authorities surrounded Cavalcante's position and moved in to make the arrest the next morning. Cavalcante tried to crawl away with a rifle he stole during his time on the run, but K-9 Yoda subdued him and finally brought an end to the search. It was the U.S. Border Patrol’s tactical unit (BORTAC) that made his arrest after Yoda pinned him down.
Cavalcante, 34, was taken back into custody, where he told authorities how he managed to survive for two weeks without getting caught, from stealing watermelon from a farm to hiding his feces to cover up his trail. However, it was his body heat that eventually gave him away. Cavalcante was serving a life sentence for murdering his ex-girlfriend in front of her children in 2021 and was due to be transferred to state prison. He is also wanted for a murder he committed in 2017 in Brazil.
"My unit was the first one to get called to the Chester County manhunt search. When we got the call, we were there within 25 minutes," said Sgt. Brian Kunes, a Pennsylvania State Police helicopter pilot. Technology on the helicopter gave investigators the tools they needed to help track the escapee. Police even used the aircraft's loudspeaker to broadcast a message from Cavalcante's mother in Portuguese for him to turn himself in.
"It's one of our higher-end searches, only because it involves a lot of flying, a lot of manpower at the time, and a lot of maintenance," said Kunes. Cavalcante led hundreds of officials on that 14-day hunt that spanned more than 25 miles from Chester County Prison. Agencies involved included the Federal Bureau of Investigation and numerous state, federal and local enforcement officers, racking dogs, and police on horseback and in aircraft that all banded together to locate the fugitive.
Sources: news.yahoo.com, 6abc.com and YouTube
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The Fairfax County (VA) Police Department’s Drone Unit has taken on new responsibilities and it added a full-time drone program manager last month. The Drone Unit now conducts more detailed work with the FCPD Air Support helicopter operations, according to a FCPD news release. Among other tasks, the Drone Unit complements the helicopter program in crime scene and crash scene investigations, FCPD Second Lieutenant Brad Woehrlen said.
“Longer sustained operations illustrate how the drone program compliments the helicopter; the helicopter will go up initially and be able to more immediately provide input to the officers on the ground, and the drone team will take over to provide situational awareness to the officers and command,” Woehrlen continued. In addition to FCPD, the drones are used by Fairfax County Fire & Rescue Department, Department of Emergency Management (DEMS) and the Fairfax County Sheriff’s Office.
FCPD started using drones in 2019. The new drone program manager will train pilots, work on airspace waivers and update equipment and software, among other responsibilities. “Because drones are classified as aircraft, there is a significant amount of management required, which is part of the reason a full-time position was created,” Woehrlen shared.
“Our drones work together with our helicopter, serving very different but very important roles. More than once, both the helicopter and drone have been simultaneously deployed to cover critical incidents like the recent Route-1 barricade and Lorton Fire in a combined effort, said Woehrlen, who is part of the FCPD Drone Team. Currently, there are 39 officers trained to pilot drones for Fairfax County.
Source: alexandrialivingmagazine.com and ffxnow.com
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APSA offers three proctor courses based on the National Institute of Standards and Technology (NIST) sUAS Test Methods: Basic, Advanced and Confined. These test methods can be used to evaluate sUAS capabilities and sensor systems, remote pilot proficiency and credentialing. Those registering for these courses must be experienced sUAS pilots who want to hone their skills, evaluate sensor systems and/or have a desire to train and evaluate other sUAS pilots.
The Basic Course is 24 hours of classroom and hands-on flight instruction and covers the BPERP and open lanes. Attendees will learn how to fabricate apparatus, conduct trials, and embed them into their own training and credentialing programs. Successful completion of this course will provide you with a Basic Proficiency Evaluation for Remote Pilot (BPERP) Certificate and NIST Test Methods Basic Proctor Certificate of Completion, allowing you to serve as a proctor for the BPERP evaluation.
The next scheduled Basic Course, November 6-8, 2023, in Florence, TX at the Texas Department of Public Safety’s Tactical Training Center is sold out. However, another Basic Course had been added at the same location, April 16-8, 2024. Registration is open. Register early as this one will sell out as well!
APSA is actively seeking entities to host Basic, Advanced and Confined courses. If your agency is interested in hosting any of these courses and receiving a free set of NIST sUAS Test Methods apparatus along with complimentary registration, please email dschwarzbach@publicsafetyaviation.org.
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What began as a chase quickly turned into a dramatic rescue for law enforcement in Gaston County, NC. On September 24, Gaston County Police Department’s Community Policing Division located a 32-year-old man who had outstanding multiple warrants and orders for arrest for Failure to Appear. When officers arrived, the man quickly ran from officers and fled into a nearby wooded area. Gaston County Police K-9, Panenka, tracked him two miles through the woods and eventually located him hiding approximately 35-feet high in a tree, deep inside the woods.
Once located, the man refused to come down, but after several hours of negotiations, he informed officers he did not think he could safely climb down out of the tree. Firefighters from the East Gaston Volunteer Fire Department, Mount Holly Fire Department and Gastonia Fire Department assisted in the rescue.
For the safety of everyone on scene, Gaston County Police Department’s Drone Unit responded to utilize the drone to verify the man did not have weapons while still in the tree. Firefighters also utilized the drone footage to determine their safest rescue options. After hours of hard work, the suspect was safely back on the ground and arrested.
Source: www.wccbcharlotte.com
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Indianapolis firefighters got some spur-of-the-moment high angle ropes training after an Indianapolis Metro Police Department (IMPD) drone got stuck on top of a construction crane last month. An Indianapolis Fire Department (IFD) crew was called by IMPD asking for help retrieving an errant drone that became stuck in a downtown location. IFD said its TacTeam 7C utilized the request by IMPD as an opportunity to conduct some spontaneous training with high angle ropes and crane rescues.
“High Angle Rope Rescue Training is inherently dangerous, highly technical, equipment intensive and requires constant training to maintain a perishable skill,” IFD said. “The reality of our teams responding to an issue involving a crane, are more common than one might think.”
IFD said that once the generator powering the crane was shut off, two firefighters began their ascent of the crane, which has a Mast that sits at 130 feet high with an articulating Jib extending about 160 feet out. The police drone, IFD said, was perched about 12 feet from the end of the Jib.
The difficult transition to the top of the Jib was successfully made. With safety cables and utilizing a fall protection system, the drone was successfully recovered in less than an hour. The two climbers were both safely on ground soon after, IFD said on social media. IFD said that the incident was, overall, a good learning experience.
“The bonus for today’s evolution was that no human victims were needing rescue, just a piece of expensive equipment that had a mind of its own,” IFD wrote. The police drone, according to the department, sustained slight damage “but nothing that can’t be fixed relatively easily and returned to service.”
Source: fox59.com
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APSA conducts regularly scheduled online meetings for safety officers, maintenance technicians, SAR, natural resource, and UAS operators that you can join using your computer, mobile device or phone. To facilitate this, the UAS, Safety Officer and Maintenance Technician Meeting Groups meet once every two months, and the SAR Personnel and Natural Resources Meeting Groups meet quarterly.
These meetings are open to any APSA member. Contract maintenance providers to APSA members are welcome to participate in the maintenance meeting as well. To receive meeting information and be added to the mailing list, send an email to dschwarzbach@publicsafetyaviation.org.
The schedule for upcoming APSA online meetings is as follows:
- Maintenance: Wednesday, October 18, 2023 from 1:00-2:00 PM EDT (1700 UTC)
- SAR: Wednesday, November 1, 2023 from 1:00-2:00 PM EDT (1700 UTC)
- UAS: Wednesday, November 8, 2023 from 1:00-2:00 pm EST (1800 UTC)
- Safety Officers: Friday, November 17, 2023 from 1:00-2:00 PM EST (1800 UTC)
- Natural Resources: Wednesday, December 13, 2023 from 1:00-2:00 pm EST (1800 UTC)
Visit this link for the schedule of future online meetings.
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The Kearney (NE) Police Department worked with the Nebraska State Patrol (NSP) and Buffalo County Sheriff’s Office (BCSO) to help combat reckless driving throughout the city. This included the use of K-9 Units, several officers and the NSP Aviation Unit.
According to KPD, the opportunity was brought to City of Kearney based on success NSP has seen in Omaha and Lincoln. KPD said this method of enforcement allows officers on the street to proactively address dangerous driving behavior safely with air support to identify violations and avoid vehicle pursuits during enforcement.
“I’m so proud of the strong relationships we enjoy with NSP and BCSO toward public safety,” said Chief Bryan D. Waugh. “I’m hopeful to continue similar operations in the future. Thanks to NSP Aviation, Lieutenant Grint and Trooper Moore. Special thanks to Kearney Flight Services for the briefing space, fuel and customer service for our guests.” This effort was in conjunction with the NDOT Drive Sober or Get Pulled Over Campaign last month.
Source: ksnlocal4.com
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Campbell (CA) Police Department officers were able to find a missing 84-year-old man using its drone program. One evening around 11:30 p.m. last month, officers learned that the elderly man who suffers from dementia was missing and had last been seen around 5 p.m. that day. He had no vehicle, cellphone or tracking device.
Officers and dispatchers searched for the elderly man across the city and nearby healthcare facilities, including all local parks and trails. Officers then decided to use a drone to survey the area and they eventually found the senior man lying along state Highway 17 in the city, police said. The elderly man suffered minor injuries and was immediately transported to a local hospital for medical treatment.
This successful rescue highlighted the pivotal role that technology plays in modern policing. The drones have become integral to the department's daily operations and emergency responses, providing officers with invaluable situational awareness and ultimately expediting response times, leading to more efficient resolution of incidents, police said.
Chief Gary Berg stated, “The successful rescue is just one example of our unwavering commitment to the safety and well-being of our community members. The Campbell Police Department remains dedicated to leveraging technology and innovative solutions to provide outstanding public safety.”
Source: nbcbayarea.com
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Two teenagers stole an SUV and led police officers in Tampa, Florida on a “high-speed” car chase last month, culminating in their arrest on car theft and other charges, the Hillsborough County Sheriff’s Office (HCSO) said in a statement.
The dramatic pursuit was captured on aerial footage from a Hillsborough County Sheriff’s Office (HCSO) helicopter as marked vehicles followed the juveniles in a red Toyota along the freeways, going at dangerous speeds.
The video shows the car chase, which started on Interstate 75. “When deputies attempted to pull them over, they refused,” the Sheriff’s Office said. The teens were ultimately stopped with help from the Florida Highway Patrol, the HCSO said.
The suspects, ages 14 and 15, were both charged with grand theft, motor vehicle. The second was also charged with aggravated battery on law enforcement with a deadly weapon and fleeing to elude at high speed. “Unfortunately, there are individuals in our community who never learned that if something doesn’t belong to them, they shouldn’t touch it,” Sheriff Chad Chronister said. “This car was left unlocked and running in a driveway, making it easy for these teens to steal.”
Source: tmz.com and Storyful
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While on a patrol flight during the evening hours of September 9, the flight crew of Kings County (CA) Sheriff's Office Air 1 was struck with a green laser three times while on patrol. The aircrew was able to pinpoint the location where the laser strike was coming from, identified the suspect with the laser, and coordinated a response from the Hanford Police Department patrol officers.
Once the patrol officer's arrived, a 14-year-old juvenile was found to be in possession of a high-powered handheld green laser. The juvenile attempted to conceal the laser down his pants, but patrol officers were able to recover it upon taking him in to custody. The juvenile was booked in to the Kings County Juvenile Corrections Facility for a felony charge of discharging a laser at an aircraft.
This is the fourth laser strike capture of the year for the Air-1 crew resulting in an arrest.
Source: Kings County
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Drone pilots who are unable to comply with the broadcast requirement of the Remote ID Rule will now have until March 16, 2024, to equip their aircraft. After that date, operators could face fines and suspension or revocation of pilot certificates.
In making this decision, the FAA recognizes the unanticipated issues that some operators are experiencing finding some remote identification broadcast modules. Drone pilots can meet this deadline by purchasing a standard Remote ID equipped drone from a manufacturer or purchasing a Remote ID broadcast module which can be affixed to existing drones that do not have Remote ID equipment.
Remote ID acts like a digital license plate and will help the FAA, law enforcement, and other federal agencies find the control station when a drone appears to be flying in an unsafe manner or where it is not allowed to fly. Learn more here.
Source: faa.gov/newsroom
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The Wichita (KS) Police Department announced a new drone program last month. The drones, which are equipped with high-resolution cameras, can be operated remotely from a central location, used in the field on active scenes like search and rescue operations, or can even operate autonomously. The department is working with Axon Air to create the new program.
In a social media post, WPD say the drones will be used to monitor public events, traffic situations, and emergency scenes and will be invaluable in locating missing persons or assisting during natural disasters, allowing the department to provide crucial support to its community in times of need.
It has been six years since WPD last had a regular eye in the sky. The department eliminated its Air Support Unit in 2017 to help fund the purchase and operation of body cameras for police officers.
Source: ksn.com
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A hiker's desperate cell phone call led to a daring cliff rescue by a California Highway Patrol helicopter and paramedic team in San Francisco on September 24. In a daring search and rescue operation, an adult male hiker who had fallen off a cliff was successfully saved in a joint operation by different emergency services. The incident prompted a rapid response from emergency crews, including the Golden Gate National Recreation Area Rangers and the United States Park Police.
CHP’s H30 aircrew and San Francisco Fire Department (SFFD) Helicopter Rescue Technician Paramedic Nilsson were also involved in the operation. The victim, who had fallen near the water's edge, managed to make a cell phone call for help. H30 executed a 75-foot hoist through a challenging environment, including trees and rough terrain, to reach the seriously injured hiker. Watch the video here.
Flight Officer/Medic Bouyea from H30 and SFFD HRT Medic Nilsson provided advanced medical care while delivering the hiker to the awaiting ground medic. The injured hiker was then transported to a local trauma center for further treatment.
Source: news-journal.com
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Most articles you read in APSA’s Air Beat magazine come from members like you. With the help of our editorial staff, it’s easy to spotlight the great work of your aviation unit with an article in Air Beat. (It’s our editor’s job to make you look good, so don’t worry if you’re not a writer.) Editorial topics include safety, training, maintenance, tactics and more. Our editorial team is always looking for public safety agencies that want to highlight their aviation unit or members who want to share their knowledge, so please reach out.
Whether your missions involve law enforcement, natural resource conservation, firefighting, emergency medical transport, or search and rescue, or if you operate helicopters, fixed-wing or unmanned platforms, we’d love to hear from you and be able to spotlight your agency in Air Beat this year. Email us at airbeat@publicsafetyaviation.org for information.
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With the help of an Aberdeen (WA) Police Department drone pilot, two burglary suspects were arrested last month, accused of breaking into a downtown building.
Officers from the Aberdeen and Cosmopolis Police Departments and a Grays Harbor Sheriff’s Office K-9 Unit went to the scene, along with an Aberdeen drone team officer, who deployed an aircraft to provide an overhead view of the area. While officers searched the building, the drone pilot saw two heat signatures move onto the roof. They were the two suspects who were seen on the building’s surveillance footage earlier.
Officers and the K-9 Unit made their way onto the roof access and arrested the two suspects, ages 53 and 43. One of the men said he ran to the roof after police arrived because he didn’t want to be caught inside the building.
Source: www.kiro7.com
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The Regina Police Service warned the public of the serious consequences of pointing lasers at aircraft while the aircraft is in flight. This warning comes after multiple instances of laser strikes on the RPS Aerial Support Unit aircraft, as well as other aircraft flying over the city. This behavior poses significant risks to the safety of those on board and even to people on the ground if a plane were to crash as a result.
The first incident involving the Regina Police Service Aerial Support Unit (ASU) occurred in January 2023. A 34-year-old male was charged with Mischief Over $5,000, and Mischief Endangering Life. On May 16, 2023, a second laser strike involving ASU occurred. A 52-year-old male was arrested and charged with Mischief Endangering Life and Obstruction. On July 29, 2023, a male was located after pointing a laser at the ASU. A 34-year-old was arrested and charged with Mischief Endangering Life. On August 7, 2023, police arrested a 50-year-old male suspected in a laser strike incident. A search of the suspect revealed a substance believed to be methamphetamine along with a laser pointer. The male was charged with two counts of Mischief Endangering Life.
On September 8, 2023, a 48-year-old male was arrested and charged with Mischief Endangering Life for pointing a laser at ASU. Most recently, on September 11, 2023, ASU was struck again and so was another aircraft flying over the city. Two males, ages 38 and 31, were arrested by patrol and each charged with Mischief Endangering Life.
The incidents were not related to each other and there is not one specific area from which the suspects carried out the strikes. In each of these cases, ASU officers used the onboard technology to quickly confirm and locate the suspects. The Regina Police Service is aware of multiple other aircraft also being hit with laser strikes and RPS will continue to investigate reports of this occurrence and hold offenders accountable.
RPS would like to remind the public of the serious nature of this crime. Under Canada’s Criminal Code, the charge of Mischief Endangering Life carries a maximum sentence of life in prison.
Source: reginapolice.ca
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Authorities arrested a Santa Rosa man after tracking down the source of a high-power laser pointer that blinded a sheriff's helicopter crew for several seconds last month.
The Sonoma County Sheriff's Office helicopter, Henry-1, was checking on a possible sideshow around 9:20 p.m. on Sept. 1, when a blue laser pointer was aimed at their aircraft. Both the pilot and the tactical flight officer were blinded by the high-power beams, according to the Sheriff's Office. The laser strike lasted several seconds and as the crew tried to pin down the source, a laser pointer was aimed at them from another direction.
The blue laser allegedly struck the helicopter several more times. The aircrew was able to track the source using the helicopter's onboard camera system. Deputies on the ground were sent to the location and while Henry-1 was overhead, the suspect pointed the blue laser at the helicopter two more times.
The 59-year-old suspect was found at the scene and was arrested on pointing a laser at an occupied aircraft and possession of a controlled substance.
Source: cbsnews.com
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On the evening of September 23, the Ventura County (CA) Aviation Unit's Copter 3 was conducting patrol operations when the aircrew experienced three separate laser strike incidents. The first and second laser strikes occurred in the city of Oxnard and nearby Port Hueneme around 2000 hours, and the third laser strike occurred in the City of Camarillo at approximately 2230 hours. During each laser strike, the aircrew was unable to locate the origin of the laser.
While pointing a laser at an aircraft may seem harmless, it can impair the crew’s ability to safely fly the aircraft and can cause permanent damage to their eyes. In California, a laser strike has its own penal code section created for it due to the risk to the general public caused by an incapacitated or blinded pilot (Section 247.5 PC discharge of a laser at an aircraft). This section carries a maximum term in state prison of three years.
The Ventura County Aviation Unit is a partnership between the Ventura County Sheriff’s Office and the Ventura County Fire Department. Together, the agencies provide staffing to the unit and respond to a variety of missions to include firefighting, search and rescue, medical calls and law enforcement.
The unit is staffed 365 days a year with highly-trained firefighters and deputy sheriffs. The Aviation Unit patrols and responds to all cites and areas of Ventura County regardless of which municipal police or fire department has primary jurisdiction.
Source: edhat.com
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Since the Los Angeles Police Department’s drone program got off the ground about four years ago, remote pilots have found many uses for them. Most of the time, that has meant sending up a drone to get a better view of a property where someone might be barricaded with a weapon. Or it could mean hovering a drone over an area for a wider view as police try to track down a fleeing suspect.
Now, commanders told the Police Commission on Sept. 26 that officers have gotten access to drones small and maneuverable enough to fly inside a building almost as well as they do outside. And that’s opening up far more options for the department’s small fleet of drones.
“Now that we’re seeing their capabilities — how fast they are, how agile — we’re finding that they are remaining mobile inside,” said Deputy Chief David Kowalski. He said LAPD now has drones that look like tiny, palm-sized quadcopters, small and nimble enough to spend long periods inside a building. New models have also come with protective features that prevent the drones from being downed by clipping a wall or other obstructions.
Kowalski pointed to a recent case where LAPD was called to help the Los Angeles County Sheriff’s Department during the serving of a warrant at a home. For more than half a day, Sheriff’s deputies attempted to get the person they thought was barricaded inside to come out. The Sheriff’s Department sent its own drones inside to look for the person. One after another, their bulkier drones with less battery power kept failing. Kowalski said LAPD’s drones stayed up for a total of almost three and a half hours. They were able to search the entire building, eventually finding the person they were looking for dead of an apparent self-inflicted gunshot wound.
Commissioners indicated support for LAPD’s continued use of drones and robots. Commission President Erroll Southers, himself a former SWAT officer, asked Kowalski how many of the incidents where police used a drone ended with officers using their firearms. “Zero,” Kowalski said.
Source: dailynews.com
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Two men were arrested after they pointed a laser at a Georgia State Patrol helicopter last month. Bibb County Sheriff's Office said the two men targeted the helicopter while a BCSO deputy was onboard during a special operation. This ultimately led to an interference with the operation.
BCSO said the use of the laser pointer hindered the flight, causing the pilot to make a sudden change to the flight path and also interfered with performing law enforcement duties. The aircraft circled the area and located the suspects who were night fishing at Gibson Lake. BCSO said the pair jumped into a car and sped off, attempting to escape the helicopter. Special Response Team Unit deputies and troopers on the ground caught up to the vehicle in a mobile home park.
According to the report, the driver admitted to smoking crystal meth before driving and also pointing the laser at the aircraft, saying it was a “dumb decision.” Deputies said the passenger was charged with possession of methamphetamines, while the driver is facing charges of reckless conduct, aggressive driving, driving under the influence, probation violation, and use of a laser against an aircraft.
Source: Yahoo news
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APSA’s networking, education and training opportunities are unique and specialized for public safety aviation. Let your colleagues and friends know about APSA. Thank you for your membership and helping APSA continue to grow. We would like to welcome the following corporate and individual members who joined during September 2023:
Corporate Members:
Black Widow Helicopters
Helicopters, Inc.
Individual Members:
Matt Berger, Citrus County (FL) Sheriff's Office
Jed Bloms, SC Department of Natural Resources
Kevin Deininger, US Coast Guard
John Franz, SOARD Solutions
Jerry Goodspeed, Huntington Beach (CA) Police Department
Kevin Graham, Robeson County (NC) Sheriff's Office
Scott Grant, California Highway Patrol | Golden Gate Division
Mathew Grasmuck, California Highway Patrol
Dan Harrington, Washington, DC Metropolitan Police Department
John Hernandez, Soard Solutions,LLC
Ray Jackson, Aurora (IL) Emergency Mgmt Agency
Scott Jarvis, Jarvis Aviation, LLC
David Johnson, Jr., Delaware State Police | Aviation Section - Maintenance
Kevin King, California Highway Patrol | Office of Air Operations
Robert Leffler, California Highway Patrol | Office of Air Operations
Gideon Luty, Civil Air Search and Rescue Association
Mark Mitchell, California Highway Patrol | Golden Gate Division
Barnaby Ortiz, Embry-Riddle Aeronautical University
Terry Palmer, Pilot Landing LLC
Metta Rizzo, Embry-Riddle Aeronautical University
Jeff Rudolph, El Segundo (CA) Police Department
Deaglan Ryan, FBI
Scott Scarborough, Delaware State Police | Aviation Section - South Unit
Fabio Serrato, California Highway Patrol | Office of Air Operations
Olena Urmey, Dignitas Foundation
Mark Vansickle, Calgary Police Service |Air Support Unit
Gary Wareham, California Highway Patrol | Office of Air Operations
If you know of other public safety aviators or industry-related companies that could benefit by becoming APSA members, please share this link and help our association grow!
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airbeat@PublicSafetyAviation.org
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This newsletter is published monthly by the Airborne Public Safety Association (APSA), a public benefit, non-profit California corporation. APSA is comprised of air crew and air support personnel in public safety and others who support, promote, and advance the safe and effective use of aircraft by governmental agencies in support of public safety operations.
(c) Copyright 2023 by the Airborne Public Safety Association. All rights reserved. Reproduction of this newsletter in whole or in part without written permission from the Editor is prohibited. Product and corporate names mentioned in this newsletter are the trademarks or registered trademarks of their respective companies. The views, thoughts, and opinions expressed herein do not necessarily represent those of the Airborne Public Safety Association (APSA), its Board of Directors, staff or membership; nor shall their publication imply endorsement on the part of APSA of any content or claims made therein. APSA disclaims all warranties, express or implied, and makes no judgment regarding the accuracy of posted information. In no event will APSA be liable to any party for any direct, indirect, special or consequential damages resulting from the publication or any subsequent public distribution thereof.
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