a complaint filed - KHON2 · PDF fileattached "Special Agent's Affidavit in Support of a...
Transcript of a complaint filed - KHON2 · PDF fileattached "Special Agent's Affidavit in Support of a...
ELLIOT ENOKI #1528 Acting United States Attorney District of Hawaii
THOMAS J. BRADY #4472 Chief, Criminal Division
MORGANEARLY # 10404 Assistant U.S. Attorney Room 6-100, PJKK Federal Building 300 Ala Moana Boulevard Honolulu, Hawaii 96850 Telephone: (808) 54 1-2850 Facsimile: (808) 541-2958 E-Mail: [email protected]
Attorneys for Plaintiff UNITED STATES OF AMERICA
FILED IN THE UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
May 20, 2017 SUE BErTIA, CLERK
IN THE UNITED ST A TES DISTRICT COURT
FOR THE DISTRICT OF HAW All
UNITED STATES OF AMERICA, ) MAG. NO. 1:17-MJ-00563-BMK )
Plaintiff, ) CRIMINAL COMPLAINT; ) AFFIDAVIT
v. ) )
ANIL USKANLI, ) )
Defendant. )
~~~~~~~~)
CRIMINAL COMPLAINT
I, the undersigned complainant, being duly sworn, state the following is true
and correct to the best of my knowledge and belief.
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COUNTl
Interference With Flight Crew Members and Attendants
On or about May 19, 2017, within the special aircraft jurisdiction of the
United States, namely American Airlines Flight #3 1, in flight, and within the
jurisdiction of the District of Hawaii, ANIL USKANLI, Defendant herein, as a
passenger of such aircraft, did unlawfully, by intimidating flight crew members
and flight attendants, interfere with the performance of the duties of the flight crew
members and flight attendants and lessen their ability to perform those duties, and
attempted to do any such act, on American Airlines Flight #3 1, flying from Los
Angeles International Airport non-stop to Honolulu, Hawaii.
All in violation of Title 49, United States Code, Section 46504.
I further state that I am a Special Agent with the Federal Bureau of
Investigation, and that this Complaint is based upon the facts set forth in the
attached "Special Agent's Affidavit in Support of a Criminal Complaint," which is
incorporated herein by reference.
DANIELLE DiSANCfIS Complainant
Sworn to me and attestation acknowledged pursuant to FRCP 4.l (b)(2) on May 20, 2017.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAW All
UNITED STATES OF AMERICA, ) MAG. NO. - ----)
Plaintiff, ) SPECIAL AGENT'S AFFIDAVIT IN ) SUPPORT OF CRIMINAL
v. ) COMPLAINT )
ANIL USKANLI, ) )
Defendant. )
~~~~~~~~ )
SPECIAL AGENT'S AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
DANIELLE DESANCTIS, after being first duly sworn on oath,
deposes and says:
BACKGROUND
1. I have been a Special Agent with the Federal Bureau of Investigation
(FBI) since July 14, 20 14. Prior to my current assignment, I was a Police Officer
with the City of Norfolk, Virginia, for six years, reaching the rank of Detective. I
am currently assigned to the Violent Crimes Unit and am part of the Child
Exploitation Task Force for the FBI Honolulu Field Office, where my duties
include, but are not limited to, investigating crimes of violence, sex and labor
trafficking, and online production and distribution of child pornography. Through
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my training and experience, I have become familiar with the manner in which
criminal offenders operate, and the efforts of those involved in such activities.
2. I am familiar with the facts set forth in this affidavit based upon my
personal knowledge and/or information provided to me by other law enforcement
personnel and/or witnesses. This affidavit contains information necessary to
support probable cause for the Criminal Complaint against ANIL USKANLI, who
was arrested without a warrant on Friday, May 19, 2017. It is not intended to
include each and every fact and matter observed or known to the government.
PROBABLE CAUSE
3. On May 19, 2017, at approximately 9:50am, FBI Special Agent Brett
Price was notified by John Kirby, Corporate Security, American Airlines, that
American Airlines flight #31 , an Airbus 321, en route from Los Angeles
International Airport to Honolulu, had enacted safety precautions resulting from
actions demonstrated by a disruptive passenger. The flight carried 181 passengers
and six crew members.
4. At approximately 10:15am, I responded to the Honolulu International
Airport and spoke with Charlotte Shouppe, an American Airlines ground employee
who was apprised of the situation. She provided me with information including
the identity of the disruptive passenger, the means by which he paid for his ticket,
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and other basic information. The disruptive passenger was identified as ANIL
USKANLI.
5. According to a flight attendant, D.D., USKANLI was the first
passenger to board the airplane. He did not have any carry-on or checked luggage,
boarding only with a phone, laptop, laptop charger, and miscellaneous items in his
pockets. Due to a prior incident at the Los Angeles International Airport where
USKANLI walked into a restricted area and was determined to be under the
influence of drugs and/or alcohol, USKANLI was aided to the airplane on a ramp
by crewmembers utilizing a wheelchair. Once at the door of the airplane, he was
assisted by one or more flight attendants. Despite their assistance, USKANLI sat
down in First Class, then was instructed to move; his assigned seat was toward the
back of the plane. After several requests, USKANLI moved to his assigned seat,
35B.
6. The plane took off at 9:10am, Pacific Standard Time (PST) (6:10am
Hawaii Standard Time (HST)). According to witnesses sitting near USKANLI, he
then started to exhibit strange behavior, including talking about being a famous
actor and repeatedly moving his laptop from the seatback to under the seat.
According to one passenger sitting in the row in front of USKANLI, he was
uttering things and talking to himself. These passengers reported the strange
behavior to a flight attendant, L.H.
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7. At one point thereafter, USKANLI got up from his seat to use the
bathroom facilities. USKANLI did not lock the door and a fellow passenger
entered the lavatory. USKANLI became flustered and agitated, and began yelling
and pounding on the walls. Flight attendants were eventually able to return him to
his seat; no one was hurt. After this incident, the flight attendants reported
USKANLI's behavior to the captain, and he implemented a "level 1" security
measure, locking down the flight deck. L.H., another flight attendant, observed
what appeared to be broken cigarette pieces near and around the toilet in the
lavatory where USKANLI had been yelling.
8. After some time passed, USKANLI again got up from his seat,
wrapped a blanket around his head, picked up his laptop and started walking to the
front of the plane.
9. L.H. saw USKANLI out of his seat and moving to the front of the
plane with his laptop, and called to D.D. to alert her. In response, D.D. pushed a
drink cart down the aisle to block USKANLI from advancing any further toward
the cockpit and the First Class cabin. When USKANLI reached the drink cart,
USKANLI pushed it and tried to move it down the aisle, toward D.D. D.D. held
the drink cart to keep it in place, and said to him "you are not coming in here."
L.H. said to nearby passengers, "Can somebody please help? Can somebody please
help?"
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10. Approximately four or five passengers, including one off-duty law
enforcement agent, stood up to assist the flight attendants, and L.H. again
instructed USKANLI to turn around and return to his seat. USKANLI saw the
passengers stand up and then placed his laptop on top of the drink cart. According
to flight attendant K.S., she and other flight attendants were immediately
frightened of the laptop, because she was aware that laptop computers potentially
pose a new threat to airplane security because they may contain explosives that are
undetected by airport screening measures. 1
11. The off-duty law enforcement officer walked USKANLI back to his
seat, where USKANLI remained for the rest of the flight. The law enforcement
officer sat with USKANLI for the remainder of the flight to prevent further
disturbance.
12. Because they perceived the laptop as a threat due to its possible
function as a bomb or explosive, K.S. acted in accordance with her training for
handling possible explosive devices on a plane, and picked it up and moved it to
the back of the plane. The flight attendants and crew alerted the captain of the
1 Government and airport security officials have released information to the public about this emerging threat, specifically that laptop computers may be used to smuggle explosives on a plane that are undetected during the airport screening process. See, e.g., "New terrorist laptop bombs may evade airport security, intel sources say," available at http://www.cnn.com/2017/03/31/politics/terrorist-laptopbombs-may-evade-security/ (April 1, 2017).
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events that had unfolded, and the captain immediately engaged in standard
protocol for handling bomb threats. He implemented a "level 4" emergency, and
initiated bomb threat procedures. The flight attendants barricaded the laptop with
flight crew bags, and the captain lowered the plane's elevation level to 5,000 feet.
13. Around this time, the captain called American Airlines Corporate
Security to report the disturbance. Shortly thereafter, two military fighter jets from
Joint Base Pearl Harbor-Hickam were sent to escort the flight to safe landing.
14. Upon landing at Honolulu International Airport at 11:35am, the
aircraft proceeded to a remote location at the airport. Local law enforcement, the
FBI, and bomb technicians worked to secure the plane, ensure the safety of the
passengers, and seize the laptop to screen it for explosives. K-9 units were utilized
to sweep the aircraft. All passengers and carry-on bags were re-screened, and all
checked bags were inspected by a TSA Explosive Detection Canine Team, with
negative results. The passengers deplaned and were bused to the terminal. An
Explosive Ordinance Disposal team investigated the laptop for explosives with
negative results.
15. After the plane landed, law enforcement officials interviewed several
witnesses who observed USKANLI's odd behavior. They reported being afraid of
the laptop because it could contain explosive materials.
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16. When the plane landed at 11 :35 HST, I advised USKANLI of his
Miranda rights and took him into custody. USKANLI acknowledged his rights,
and signed a written waiver of his rights and consented to speak with me. He also
consented to a urinalysis test and to a series of field sobriety tests (SFSTs), which
were conducted by a sheriff with training and experience in performing SFSTs.
The urinalysis was presumptively positive for benzodiazepine. The SFSTs
indicated USKANLI's possible use of stimulants and/or cannibis.
17. During the course of the interview, when asked about his behavior on
the plane, he responded he was "alerting people" or "making them aware." When I
asked him if he ever had terroristic thoughts, he responded, "We all have those
ideas." I then asked if he planned to hurt anybody, and he responded " It depends
on the day." At one point during the interview I again asked whether he has
terroristic thoughts, and in response he made a gun shape with his fingers and
pretended to shoot me. He then did a gesture simulating a chopping motion toward
my neck. Toward the end of the interview, he pointed to me and said to my fellow
interviewer, FBI Special Agent Tracy Dockery, "I'll kill her, get out the following
day, and shoot myself."
18. Based on the foregoing, and on my training and experience, I believe
there was probable cause to arrest ANIL USKANLI on May 19, 2017 for
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interference with the flight crew of American Airlines flight #31, in violation of 49
u.s.c. § 46504.
Respectfully submitted,
DANIELLE Special Agent Federal Bureau of 1 nvestigation
Sworn to me and attestation acknowledged pursuant to FRCP 4.l(b)(2) on May 20, 2017. Based upon the foregoing, the undersigned Judicial Officer finds that there is probable cause to believe that defendant above-named committed the crimes charged in the Criminal Complaint, this 20th day of May, 2017.
Ii/ Barry M. Kurren United State~ Magistrate Judge
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