UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND NORTHERN DIVISION UNITED STATES OF AMERICA v. NATHANIEL TRAVIS HEATWOLE CRIMINAL COMPLAINT CASE NUMBER: I, the undersigned complainant, being duly sworn state the following is true and correct to the best of my knowledge and belief. On or about September 14, 2003, in Anne Arundel County, in the District of Maryland, the defendant NATHANIEL TRAVIS HEATWOLE when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, had on or about his person or property a concealed dangerous weapon that was or would be accessible to the defendant in flight, in violation of Title 49 United States Code, Section 46505. I further state that I am a Special Agent Bomb Technician, Federal Bureau of Investigation, and that this complaint is based on facts contained in the attached affidavit. Eric Morefield Special Agent Bomb Technician Sworn to before me and subscribed in my presence, on October 20, 2003 at Baltimore, Maryland. Susan K. Gauvey United States Magistrate Judge
A F F I D A V I T UNITED STATES OF AMERICA DISTRICT OF MARYLAND BALTIMORE, MARYLAND Affiant Eric Morefield, Special Agent Bomb Technician, Federal Bureau of Investigation (FBI), first being duly sworn, deposes and says that: I am employed as a Special Agent Bomb Technician of the FBI and have been so employed for nearly six years. In that capacity, I am responsible for investigating violent crimes, including violations of federal law occurring aboard aircraft. I have personally participated in the investigation of the offense referred to below and have reviewed reports made by, and information received from, other Special Agents of the FBI and other law enforcement agencies. I am fully familiar with the facts and circumstances of this investigation. On October 17, 2003 FBI Headquarters Strategic Information and Operations Center, in conjunction with the Transportation Security Administration, provided information to the Baltimore Division of the FBI in regards to an investigation regarding prohibited items found on Southwest Airlines flights on October 16, 2003. During the late afternoon of October 16, 2003, the pilot of Southwest Airlines Flight 474 arriving at New Orleans, Louisiana reported a maintenance problem with the rear lavatory on his aircraft. During a check of the lavatory, a maintenance technician discovered three plastic zip lock bags containing an anonymous note, three box cutters with blades, a small container of liquid which the note described as being bleach, molding clay, and matches. The items were secreted in an access panel surrounding the toilet in the lavatory. The note stated that the items had been taken through a security checkpoint in Raleigh-Durham, North Carolina and placed onboard the aircraft designated as Flight 993 on September 12, 2003. Subsequently at approximately 11:15 p.m. on October 16, 2003, a routine maintenance check of a rear lavatory of the Southwest Airlines Flight 578 aircraft in Houston revealed a similar package containing an anonymous note, three box cutters with blades, a small container of liquid which the note described as being bleach, molding clay, and matches. The note stated that the items had been taken through a security checkpoint at Baltimore-Washington International Airport and placed aboard the aircraft as Flight 613 on September 14, 2003. Both this note and previous note discovered in New Orleans were signed, "Sincerely, 3891925." On October 17, 2003, the Transportation Security Administration provided information to the FBI that on September 15, 2003 an e-mail message was sent to the TSA Contact Center with a message header stating that it was from Nat Heatwole (nat@ajheatwole.com) with a subject line of: Information Regarding 6 Recent Security Breaches. In summary, the writer of
the e-mail stated that he had information regarding six security breaches that occurred at Raleigh-Durham International Airport and Baltimore- Washington International Airport. The writer stated that he smuggled several items on his person and some in his carry-on bag. He enumerated six incidents, beginning February 7, 2003 and ending September 14, 2003, during which box cutter blades, box cutters, a knife, what is referred to as "a simulated plastic explosive (reddish molding clay)", strike-anywhere matches, approximately 8 oz. of liquid bleach and notes which were signed "3891925" were taken through security checkpoints and onto aircraft. Specifically significant to the discovery of the items on Southwest Airlines flights on October 16, 2003, he enumerated two of the incidents as follows: "5. On Friday, September 12, 2003, two ash-colored box cutters, each complete with blade, approximately 10-12oz of a simulated plastic explosive (reddish molding clay), a few dozen strike-anywhere matches, and approximately 8oz of liquid bleach were taken through a passenger security checkpoint at RDU and onto SWA flight 993. The items were placed in a plastic bag along with a short note that was signed "3891925" and were left in the compartment directly below the sink in the rear lavatory of the aircraft." "6. On Sunday, September 14, 2003, all of the items in breach #5 as well as an additional ash-colored box cutter were taken through a passenger security checkpoint at BWI and onto SWA flight 613. The items were placed in a plastic bag along with a short note that was signed "3891925" and were left in the compartment directly below the sink in the rear lavatory of the aircraft." The e-mail further stated that the reason that the writer had knowledge of the breaches was that the writer was the person who committed the breaches. The writer said that the items were carried onto the aircraft concealed on his person or in his carry-on bag. The e-mail author also stated that he was aware that his actions were against the law and that he was aware of the potential consequences for his actions, and that his actions were an act of civil disobedience with the aim of improving public safety for the air-traveling public. The e-mail is signed, Sincerely, Nat Heatwole, <nat@ajheatwole.com> and listed a telephone number. Investigation begun on the morning of October 17, 2003 revealed that NATHANIEL TRAVIS HEATWOLE, date of birth 5/29/1983, home address [Redacted by FindLaw], Damascus, Maryland lived at the same address registered for the domain name ajheatwole.com and that HEATWOLE is a student at Guilford College, located in Greensboro, North Carolina. HEATWOLE's date of birth, 5/29/1983, when reversed, is 3891925, which is the signature of the letters found on the Southwest Airlines flights on October 16, 2003. Special Agent Kirk Brace and Detective John Hodge of the Maryland Joint Terrorism Task Force located and interviewed HEATWOLE at his residence in Damascus, Maryland, in the presence of his mother, in the late afternoon of October 17, 2003. HEATWOLE was asked about the e-mail that was sent to the Transportation Security Administration (TSA) on September 15, 2003. HEATWOLE admitted writing the e-mail to the TSA in order to alert 2
them. HEATWOLE later signed, dated, and wrote a brief statement on the email reflecting that he had drafted it. During the interview HEATWOLE also admitted that on September 12, 2003, he carried through airport security and onto a Southwest Airlines plane the following items: 1. Two (2), ash colored box cutters, each with one (1) razor blade. 2. "Strike-Anywhere" matches. 3. Molding clay, approximate total of 10 to 12 ounces. 4. Sunscreen bottle containing approximately 8 ounces of bleach. 5. A note which he left with the items on the aircraft. HEATWOLE also advised that by using molding clay he was trying to simulate an explosive compound. HEATWOLE estimated that he secreted between 10 and 12 ounces of clay on his person to bring onto the aircraft. HEATWOLE stated that on September 14, 2003, he carried through airport security and onto a Southwest Airlines aircraft the following items: 1. Three (3) ash colored box cutters with one razor blade for each. 2. "Strike Anywhere" matches. 3. Molding clay, approximate total of 10 to 12 ounces. 4. Sun screen bottle containing approximately 8 ounces of bleach. 5. A note which he left with the items on the aircraft. HEATWOLE stated that during both incidents he left the Ziploc type bag containing the listed items in the rear lavatory of the aircraft. HEATWOLE explained that he placed the items in a compartment under the sink. He further explained that he placed the items to the left inside the compartment so that they were out of view. As noted previously, on October 16, 2003, a note was recovered along with prohibited items in the lavatory of a Southwest Airlines aircraft which on September 14, 2003 was designated as flight 613, originating at Baltimore-Washington International Airport. HEATWOLE was shown a copy of this note, which he signed, dated, and wrote a brief statement reflecting that he had drafted this note. Affiant states that the box cutters described by HEATWOLE and found as set forth above contain sharp metal razor blades and are thus dangerous weapons. Affiant therefore believes, based on the foregoing information, that on or about September 14, 2003, in the District of Maryland and elsewhere, NATHANIEL TRAVIS HEATWOLE committed a violation of federal law, specifically Title 49, United States Code, Section 46505(b)(1), which provides in pertinent part: 3
An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual- (1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight; Eric Morefield Special Agent Bomb Technician Federal Bureau of Investigation Baltimore, Maryland Sworn to and subscribed before me this 20 th Maryland. day of October, 2003 at Baltimore, Susan K. Gauvey United States Magistrate Judge 4