ELLIOT ENOKI #1528 Acting United States Attorney District of Hawaii

Transcription

1 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 1 of 10 PageID #: 1 ELLIOT ENOKI #1528 Acting United States Attorney District of Hawaii THOMAS J. BRADY #4472 Chief, Criminal Division FILED IN THE UNITED STATES DISTRICT COURT DISTRICT OF HAWAII May 20, 2017 SUE BErTIA, CLERK MORGANEARLY # Assistant U.S. Attorney Room 6-100, PJKK Federal Building 300 Ala Moana Boulevard Honolulu, Hawaii Telephone: ( Facsimile: ( Morgan.Early@usdoj.gov Attorneys for Plaintiff UNITED STATES OF AMERICA IN THE UNITED ST A TES DISTRICT COURT FOR THE DISTRICT OF HAW All UNITED STATES OF AMERICA, MAG. NO. 1:17-MJ 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.

2 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 2 of 10 PageID #: 2 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 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,

3 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 3 of 10 PageID #: 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAW All UNITED STATES OF AMERICA, MAG. NO Plaintiff, v. COMPLAINT ANIL USKANLI, Defendant. ~~~~~~~~ deposes and says: SPECIAL AGENT'S AFFIDAVIT IN SUPPORT OF CRIMINAL SPECIAL AGENT'S AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT DANIELLE DESANCTIS, after being first duly sworn on oath, BACKGROUND 1. I have been a Special Agent with the Federal Bureau of Investigation (FBI since July 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

4 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 4 of 10 PageID #: 4 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, 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, 2

5 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 5 of 10 PageID #: 5 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. 3

6 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 6 of 10 PageID #: 6 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?" 4

7 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 7 of 10 PageID #: 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 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 (April 1,

8 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 8 of 10 PageID #: 8 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. 6

9 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 9 of 10 PageID #: 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 7

10 Case 1:17-mj BMK Document 1 Filed 05/20/17 Page 10 of 10 PageID #: 10 interference with the flight crew of American Airlines flight #31, in violation of 49 u.s.c 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, 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, Ii/ Barry M. Kurren United S tate~ Magistrate Judge 8