AO 442 (Rev I l/l I) AnestWanant(page2)

Thissecond page containl personal identifiers provided for law-enforcement use only
and therefore should not be filed in court with the executedwarrant unlessunder seal.

(Notfor Public Disclosure)

Nam e of defendant/offender:
Known aliases:
Last known residence:
Prior addresses
to which defendanVoffender
may still haveties:
Last known employment:
Last known telephonenumbers:
Placeof birth:

Dateof birth:
Social Securitvnumber;
Height:

Weight:

Sex:

Race:

Hair:

Eyes:

Scars,tattoos,other distinguishingmarks:

Historyof violence,weapons,
druguse:
Known family, friends, and other associates(name,reration,address,
phonenumbeil:

FBI number:
Completedescriptionof auto:

Investigativeagencyand address:

Name and telephonenumbers(office and cell) of pretrial servicesor probationofficer (i/ appticabte):

Date of last contactwith pretrial servicesor probationofficer (if applicabte):

UNITED STATESDISTRICTCOURT
DISTRICTOF CONNECTICUT

UNITED STATESOF AMERICA

V.

KYLE NAVIN

AFFIDAVIT

FILED UNDER SEAL

MISC.NO.
DATE: September
4,2015

IN SUPPORT OF COMPLAINT

AND ARREST WARRANT

I, Michael Zuk, a Special Agent of the Federal Bureau of Investigation("FBI"), New

Haven Division, being duly sworn,deposeand statethe following:
I.

Background
1.

I have been a Special Agent with the FBI since August 1998. Prior to that, I

worked as an attorney in Connecticut for approximately seven years. From 1993 to 1995, I
worked as a Deputy Assistant State's Attorney assignedto the Office of the Chief State's
Attorney for the Stateof Connecticut. From 1995through 1998,I servedas an AssistantUnited
StatesAttorney, assignedto the United StatesAttorney's Office for the District of Connecticut.
In both capacities,I was assignedto work exclusivelyon criminal matters.
2.

During the course of my career, I have participated in numerous criminal

investigations, including investigations into suspectednarcotics trafficking, firearms traffrcking,

violent criminal activity and money laundering. My participation in the investigationshas
included coordinating controlled purchases of narcotics utilizing confidential informants,
cooperatingwitnessesand undercoverlaw enforcementofficers; coordinatingthe executionof
search and arrest warrants; conducting electronic and physical surveillance; analyzing records

related to narcotics trafficking; testifying in Grand Jury and District Court proceedings; and
interviewing individuals and other members of law enforcementregarding the manner in which
narcotics traffickers obtain, finance, store, manufacture, transport and distribute controlled
substances.I have traveled to various foreign countries in furtherance of narcotics trafficking
investigations,including Colombia, Mexico, Ecuador, and the Dominican Republic. I have
receivedinstructionrelative to conductingdrug investigationswhile attendingthe FBI Academy
in Quantico,Virginia. I have qualified as an expert witnesson narcoticstrafficking in the District
Courts for the Southern District of New York and the District of Connecticut. Finally, I have
participated in several investigations involving the use of court-authorized interception of wire
and electroniccommunications.
3.

I am currently assignedto the FBI Bridgeport Violent Crimes Task Force ("Task

Force"). In this role, I am responsiblefor investigatingoffensesinvolving murder, kidnapping,

robbery and firearms trafficking, amongst other violent offenses. I am one of the law
enforcementofficers involved in the investigationof KYLE NAVIN for a violation of Title 18,
United States Code, Section 922(9)(3) (possessionof a frrearm by an individual who is an
unlawful user of or addicted to any controlled substance).
4.

The statementscontained in this affidavit are based on: (l) my personal

participationin the investigation;(2) information provided by membersof the FBI, the Easton
Police Department,the Connecticut State Police, the Bridgeport Police Department and the
United StatesMarshals Service; (3) witness statements;(4) text messages;(5) security video
recordings;(6) seizedevidence;(7) public information and law enforcementdatabases;(8) my
experience and training and other sources of information. Unless otherwise indicated, all
conversationsand statementsdescribedin this affidavit are related in substanceand in part.

5.

Because this affrdavit is being submitted for the limited purpose of securing a

criminal complaint and arrest warrant I have not included each and every fact regarding this
investigation of which I am aware. Rather, I have set forth only the facts necessaryto establish
probable cause to believe that NAVIN has violated Title 18, United States Code, Section

e22(g)(3).
II.

Probable Cause
6.

On August 7,2015, a relative of Jeffrey Navin ("Jeffrey") and JeanetteNavin

("Jeanette") went to the Easton Police Department to report that Jeffrey and Jeanettewere
missing. Specifically, the relative explained to law enforcementthat Jeffrey and his brother,
William Navin, jointly own J&J RefuseCompany,which is a businessinvolved in trashremoval
and recycling collection in Westport,Connecticut.According to William, Jeffrey had not shown
up for work on August 6,2015 or August 7,2015, which was highly unusual as Jeffrey never
missed work without making prior arrangementsto have his pick-up route covered. Further,
family members and friends had been trying to call both Jeffrey and Jeanetteon their cellular
telephonesfor the past two days, but had been unable to reach either of them as both of their
telephonesappearedto have been turned off. According to the relative, Jeffrey's and Jeanette's
son, Kyle NAVIN ("NAVIN"), who also worked for J&J Refuse,was the last personto have
seenhis parents,and that was on the morning of Tuesday,August 4,2015.
7'

On August 7, 2015, law enforcementofficers spoke to NAVIN, who confirmed

that he had last seen his parents on the morning of Tuesday, August 4, 2075. According to
NAVIN, his parentshad come to visit him that morning in order to ask if he wantedto join them
for dinner that evening. NAVIN said that he declined the invitation becausehe was in pain from
a back injury that NAVIN claimedrenderedhim unableto work.

8.

On August 9,2015,Iaw enforcementofficers interviewedNAVIN at the Easton

Police Department.During the interview, NAVIN statedthat the last time he saw his parentswas
on the morning of Tuesday,August 4,2015, while NAVIN was at work. However,NAVIN said
that he also spoke to his parents on the telephone regarding work-related issuesthroughout the
morning and early afternoon. NAVIN said that the last contact he had with either of his parents
was when he spoke to his father "sometime around noon" when his father called to ask a
questionabouta new customer.When askedabouthis parentswhereabouts,NAVIN said that his
parents often went away on short trips, but acknowledged that his father never missed work
without making proper anangementsfor his route to be covered.
9'

On August 11,2015, law enforcementofficers again met with NAVIN at the

Easton Police Departmentin order to obtain additional information regarding his last contact
with his parents.This time, NAVIN statedthat he met his mother on the morning of August 4,
2015 at the park and ride near Exit 42 on the Menitt Parkway in Westport. NAVIN said that his
mother got into his (NAVIN's) garbagetruck and that he and his mother togetherwent to collect
refuse along his usual route. NAVIN said that between9:00 a.m. and 9:30 a.m., his back began
to bother him. Therefore, he called Jeffrey and arrangedto meet him at a nursery near Exit 42.
NAVIN said that he and Jeanettearrived at the nursery at approximately 10:30 a.m. There, his
mother got out of his truck and into Jeffrey's truck. NAVIN statedthat he then drove to his
residenceon Aldine Avenue in Bridgeport. According to NAVIN, he remainedat home until
approximatelyl2:30 p.m., at which point he decidedto drive to his parents' residencein Easton
in order to pick up the paycheck that his father left taped to the door. NAVIN statedthat once he
picked up the check, he drove back to his own residence,where, NAVIN claimed,he remained

for the rest of the day (August 4,2015) and for the great majority of the next three days due to
pain from his back injury.
10'

Finally, on August 13, 2015, law enforcementoffrcers conducted a recorded

interview of NAVIN at the Connecticut State Police barracks in Bridgeport. During this
interview, NAVIN said that on August 4,2075, at approximately6:30 a.m., he met Jeffrey and
Jeaneffeat the nurseryin Westportnear Exit 42.There, Jeanettegot into NAVIN's truck and the
two beganto drive his (NAVIN's) regular pick-up route. At approximately8:30 a.m., NAVIN
decided that he could not continue to work due to the pain in his back so he askedhis mother to
finish his route for the day. However,NAVIN claimedthat his mother did not know his route so
he had to return to his home in Bridgeport in order to get her the paperwork that delineatedthe
route. NAVIN said that he and his mom arrived at his home on Aldine Avenue in Bridgeport at
approximately9:20 a.m. While his mother waited in the car, NAVIN went inside and picked up
the paperwork that he needed.He then drove his mother back to Westport where they met up
with Jeffrey at a location off of Roseville Road. NAVIN said that Jeanettegot out of his truck
and into the truck with Jeffrey. NAVIN then drove back to Bridgeport and arrived at his
residenceat approximately I l:00 a.m. NAVIN said that he remainedhome until approximately
l1:45 a.m. or 12 p.m., when he receiveda call from his father reminding him that an envelope
containinghis paycheckwas tapedto an outsidedoor at his parents' house.NAVIN thus drove
back to Easton to retrieve his paycheck and then returned to Bridgeport where he arrived at his
residencebetween approximately 12:30 p.m. and 12:45 p.m. NAVIN said that the only other
contact that he had with his parentsthat day was telephonic contact with his father that related
solely to work, the routesand NAVIN's back injury. NAVIN denieddiscussingany issuerelated
to his mother or her safety.NAVIN said that on Thursday,August 6,2015, he was contactedby

his uncle, William. William advisedNAVIN that Jeffrey had not shown up for work that duy. '
According to NAVIN, he advisedWilliam that everythingshouldhave beenon schedulefor that
day, meaning that his father should have been at work. NAVIN also relayed to the officers that
the August 6,2015, call from uncle was the time at which the "mystery" regardinghis parents'
whereaboutsbegan.
11.

Law enforcement officers have obtained and analyzed call, text and cell cite

records for Jeffrey's, Jeanette's and Kyle's telephones.An analysis of Jeanette'srecords

establishedthat Jeanette'slast outgoing call was a two second call on August 4,2075, at
approximately8:45 a.m. At approximately9:20 a.m., Jeanette'scellular telephoneregisteredas
being in the location of a cell tower at 2600 Park Avenue in Bridgeport, in the vicinity of
NAVIN's residence. After that time, Jeanettenever again used her cellular telephone to
communicatewith anyone in any manner.2
12.

en *ufyris of Jeffrey's recordsestablishedthat his last outgoing call was placed

on August 4, 2015, at approximately l:23 p.m. During the call, Jeffrey's cellular telephone
accessedthe cell tower at 2600 Park Avenue in Bridgeport, again in the vicinity of NAVIN's
residence.After that time, Jeffrey never again used his cellular telephoneto communicatewith
anyone in any manner.
13.

After 8:45 a.m.and I:23 p.m.,respectively,

therewere severalincomingcallsand

text messagesto both Jeanette'sand Jeffrey's cellular telephones.However, both cellular

telephoneswere in "inactive status," meaning that they had beenturned off. According to family

'

According to both William and NAVIN, J&J Refuse did not operate on Wednesdays.Therefore,
Jeffrey's absenceon Wednesday,August 5,2015, would neitherhavebeennoticednor causefor concern.
2

Jeanette'scellulartelephonehad one additionalcell tower registrationon August 4,2015 at 3:08 p.m.,

but it doesnot appearto correspondwith a call, text messageor email.

N(

members,it was very unusual for Jeanetteand Jeffrey to go away without contacting the family
or to havetheir cellular telephonesturnedoff for extendedperiodsof time.
14.

The cell site activity and text messagesexchangedbetweenNAVIN and Jeffrey

on August 4,2015, do not accord with NAVIN's statementsto law enforcement.For example,
between 10:20a.m. and I : l9 p.m., the cell site activity from NAVIN's cellular telephoneshows
that he traveled from Bridgeport to Westport to Easton to Westport to Easton and then back to
Bridgeport where he remaineduntil 2:56 p.m. At approximately3:06 p.m., a securitycamerain
Eastoncapturedvideo of Jeffrey's garbagetruck being driven on Center Road in Eastontoward
Jeanette'sand Jeffrey's residence;NAVIN's girlfriend's vehicle was recordedfollowing closely
behind Jeffrey's truck. Approximately 29 minutes later, the security cameracapturedvideo of
NAVIN's girlfriend's vehicle driving in the opposite direction away from Jeanette'sand
Jeffrey's residence.Law enforcementlater discovery Jeffrey's truck parked in the driveway of
Jeanette'sand Jeffrey's residence.
15.

Law enforcementinterviewed NAVIN's girlfriend, Jennifer Valiante. Initially,

Valiante lied and statedthat shewas home all afternoonin Bridgeport.When confrontedwith the
above-describedvideo, Valiante acknowledgedthat NAVIN asked her to follow him to his
parents' house in Easton;NAVIN drove Jeffrey's truck and Valiante drove her car. When they
arrived at Jeanette'sand Jeffrey's residence,NAVIN parked the car in the driveway and then the
two returned to their Bridgeport residencetogether in Valiante's car. Valiante could offer no
reasonas to why or how Jeffrey's truck cameto be in Bridgeportor why NAVIN neededto drive
the truck back to Easton.

{s

16.

Further, a review of text messagesbetween NAVIN and Jeffrey on August 4,

2015, between 11:40 a.m. and l:14 p.m. belies NAVIN's claim that he and his father only
discussedwork-related mattersthat afternoon:
l 1 : 4 0a . m .

Navin to Jeffrey

What cleanup are you at?

ll:46 a.m.

Navin to Jeffrev

Cleanupaddress?
Canyou writeit?

12:34p.m.

Jeffrey to Navin

Where are vou?

1 2 : 3 4p . m .

Navin to Jeffrey

l 2 : 3 5p . m .

Navin to Jeffrey

I'm clicking to answeryour call and nothing is there.I can't

hearyou.
I left. You were dumping then headinghome right?

1 2 : 3 7p . m .

Navin to Jeffrev

That's where I'm headed

1 2 : 3 9p . m .

Jeffrey to Navin

I'm not going home till I know mom is okay.

1 2 : 4 2p . m .

Jeffrev to Navin

Did you hurt mom?

1 2 : 4 3p . m .

Navin to Jeffrey

No absolutelynot. Why would you think

1 2 : 4 4p . m .

Jeffrey to Navin

I go home and get framed for murder

1 2 : 4 5p . m .

Navin to Jeffrev

Oh stop

p.m.
12:48

Jeffrey to Navin

I'm going to the police first

l 2 : 5 0p . m .

Navin to Jeffrev

Ok and reason being?

l 2 : 5 1p . m .

Jeffrey to Navin

Dave'sphone is working fine

p.m.
12:54

Navin to Jeffrey

1 2 : 5p
4. m .

Navin to Jeffrey

Ok well m nes having issues,moms is and jen was able to

text, the ca ling was messedup.
Maybe his is newest

p.m.
12:54

Navin to Jeffrev

Newer

1 2 : 5 7p . m .

Jeffreyto Navin

U R settingme up

l 2 : 5 8p . m .

Navin to Jeffrey

Dad really what are you talking about?

1 :l 4 p . m .

Navin to Jeffrev

I'm home, I left a spot on the road for your truck to fit

17.

Finally, a review of NAVIN's cell site records shows that NAVIN's cellular

telephone,like eachof his parent'stelephones,was accessingthe cell tower at2600 Park Avenue
in Bridgeport in the vicinity of his residenceat 9:20 a.m., when his mom ceasedusins her
telephone,and at l:32 p.m., when his fatherceasedusing his cellular telephone.
18.

Based largely on the above, on August 13, 2015, the Bridgeport Police

Department obtained and executeda searchwarrant at NAVIN's residenceon Aldine Avenue in

Bridgeport. During the search,law enforcementofficers seized several items, including two
Itrearms and numerousrounds of ammunition from NAVIN's bedroom. Specifically, officers
seizedone box containingeight rounds of American Eagle .380 caliber ammunition; two boxes
of Winchester.380 caliber ammunition,with 68 roundsin one box and 100 roundsin the second
box; two boxes of Remington slugs, each of which containedfive rounds; a black zip case
containing a Smith & Wesson Bodyguard 380 Auto handgunwith a laser sight, bearing serial
number EBX6587, with one round in the chamberand two magazines,each of which contained
six rounds of ammunition; a Sig Sauerhard plastic casethat containeda Sig Sauer P22g .40
caliber handgun, bearing serial number AJU0I140, with one round in the chamber and ten
rounds in the magazine and a second magazine containing nine rounds of ammunition.3
Bridgeport P.D. officers also recovereda receiptfrom Home Depot that was issuedon August 5,
2015, at approximately8:36 p.m. showingthat NAVIN purchasedgermicidalbleach,hair/grease
drain opener,"Goo Gone" stainremoverand contractorcleanupbags,amongstother items.
19.

On August 19, 2015, the Connecticut State Police executed a second search

warrant at NAVN's
'

residence.During the course of that search,they locatednumerousitems

Basedupon my training and experience,I know that neitherSmith & Wessonnor Sis Sauerfirearmsare
manufacturedin the District of Connecticut.

that, based upon my training and experience,I know to be indicative of substanceabuse.

Specifically,from a white kitchen garbagebag in a garbagebin just outsideNAVIN's residence,
law enforcementrecoveredapproximately15 hypodermic needlesand dozensof glassinebags
that contained what appearedto be heroin residue and that were stampedwith what I recognize
to be heroin "brand names," such as "TV MA", "1080-p" and "007." In the same bag, law
enforcement found paperwork, such as bank records, that contained NAVIN's

name. In

NAVIN's residence,law enforcement also recovered: (l) approximately two dozen empty
prescriptionbottles for Oxycodone,the great majority of which were prescribedto NAVIN; (a)
severalprescriptionbottles containing various controlled substances,such as Alprazolam, also
known as "Xanax" or "Bars", and Prednisone,some of which were prescribed to NAVIN and
some of which were prescribedto another individual; 4) a piece of paper upon which was
handwritten'oOxycodone30 mg" "Oxycodone 15 mg" and'No alarms, no panic buttons, no
phones. BE SMART"; and (5) a receipt from a firearms shooting range in Bridgeport,
connecticut,that was issuedon August 5,2015, at approximately2:02 p.m.
20.

On August 14, 2015, law enforcementofficers obtained video footage from

various security camerasat the Bridgeport shootingrangethat was recordedon August 5, 2075.
The video footagedepictedNAVIN driving his truck and parking it in the vicinity of the range.
NAVIN then enteredthe building, used the firing range for approximately 20 minutes, swept up
the casingsthat he had expelled from the weapon he was firing and left the range.
21.

On August 2l,2015,law enforcementofficers conducteda recordedinterview of

Valiante. During the interview, officers asked Valiante about the firearms recovered from her
and NAVIN's residence.Valiante explainedthat both the Sig Sauer.40 caliber handgunand the
Smith & Wesson .380 caliber handgunbelongedto NAVIN, although addedthat she likes the

10

.380 handgunbecauseshe can use it to protect herself when she is home alone. Valiante also
offered that she had shot the .380 caliber handgun at a firing range. When asked if NAVIN
regularly carried a firearm, Valiante explained that NAVIN "really likes his gun" so while he
might not carry it every day, he did cany quite often.
22.

I have reviewed several text messagesrecovered from NAVIN's

cellular

telephone pursuant to a search warrant. In particular, there are several text messagesbetween
May 5, 2015 and August 9,2015, in which NAVIN and Valiantediscuss,in both implicit and
explicit terms,the fact that NAVIN is using heroin, Oxycodoneand Xanax. For example:
a. On June 29,2015, Valiante and NAVIN discussedthe fact that NAVIN had "run
out of dope." Based upon my training and experience,I know that "dope" is a
slangterm for heroin.
b. On July 1,2015, when NAVIN inquired if he could take some Xanax, Valiante
replied that he could but that he should limit it to "l.5 max pls." Basedupon my
training and experience,I believe that Valiante advisedNAVIN that he should not
take more than 1.5 milligrams (1.5 tablets)of Xanax.
c. On July 2,2015, Valiante advisedNAVIN that "Other than the dopething you are
honestand real." Basedupon my training and experience,I believe that Valiante
expressedto NAVIN that his use of heroin ("dope") was problematic.
d. on July 6,2015, valiante said to NAVIN "If you were running on 2bags you'd
be weak as hell and not still going." NAVIN replied, "I did the 3rd about 30 mins
ago." Basedupon my training and experience,I believethat Valiante statedthat if
NAVIN had confined himself to using only two bags of heroin, as he claimed,

LT

that he would no longer be able to function. NAVIN then admitted that he had
actually useda third bag of heroin.
e . On July 8,2015, Valiante and NAVIN discussedthe fact that "when u miss a vein
u don't get the rush bc it's slowly absorbedin body. However u still get same
amount and potency." Basedupon my training and experience,I believe that the
comment regarding "miss[ing] a vein" was a referenceto shooting heroin into
one's vein, which is a commonmethodby which to ingestheroin.
On July 14,2015, Valiante told NAVIN that shejust found "a rubberband from a
bundle on the stairs." NAVIN

explained that it may have fallen from his

"sunglassescase" becausehe "always store[d] stuff in it [a]nd I droppedthe case

in stairsyesterdayand this morning headingdown." Basedupon my training and
experience,I know that a "bundle" is a referenceto ten bagsof heroin, which are
typically held togetherby a rubber band.A bundle is a common quantity in which
heroin is sold.
on July 16,2015, valiante askedNAVIN, "Tell me the truth, How many Xanax
did you take last night." NAVIN replied, "I did 3? Swallowedand sniffed right.,'
Basedupon my training and experience,I believe that NAVIN admittedingesting
three Xanax pills, some of which he swallowed and some of which he crushed
and then snorted.
h. on July 23, 2015, NAVIN complained about being in pain and feeling weak.
Valiante replied that when NAVIN got home he would "have to take [some] more
blues & prednisonepills." Based upon my training and experience,I know that

12

"blues" is a common referenceto 30 milligram Oxycodonepills which are blue in

color.
on July 28,2015, valiante advisedNAVIN that the "Bag is under your note on
my dresser."valiante askedNAVIN to let her know "when doing it and when
done." NAVIN replied, "ok I'll do it [so] you don't have suspense."Eight
minutes later, NAVIN advisedthat he was "All set." Basedupon my training and
experience,I believethat Valiante told NAVIN that she left one bag of heroin for
him on her dresserand askedNAVIN to let her know when he plannedto ingest
the drug and when he was done.
J

on July 29, 2015, NAVIN advised valiante that he was "Starting." when
valiante expressedfrustration that she was "waiting for a 'done"' NAVIN
explained that he got delayed by a text from a relative. Specifically, NAVIN
statedthat "he wasn't mixed and then before I startedmy ann I was texting her."
Basedupon my training and experience,I believe that NAVIN advisedValiante
that he had not yet prepared the heroin to be ingested via a hypodermic needle
("wasn't mixed") and that he had not yet prepared his arm for the injection
("before I startedmy arm") at the time he received the text from his relative.

k. on August 9,2015, valiante advisedNAVIN "Don't do any bagsbc u needthem

for ltr & tmrw. Justreminding." Basedupon my training and experience,I believe
that Valiante remindedNAVIN to save his heroin ("bags") to be used later that
day and the following day, likely so that he would not run out of heroin and
experiencewithdrawals.

13

23.

Moreover, during the execution of a search warrant on NAVIN's cellular

telephone, law enforcement recovered several text messagesbetween NAVN

and another

individual during which the other individual appearedto be requesting to purchase narcotics
from NAVIN. On August 25,2015, law enforcementinterviewed this individual (hereinafter
"CW"). CW advised law enforcement that s/tre had known NAVIN for approximately three
years' CW said that sftre knew that NAVIN used Oxycodone and that over the course of the last
two years, sftrehad purchasedOxycodone from NAVIN approximatelyfive to six times. CW
also statedthat whenever s/he saw NAVIN that NAVIN was usually wearing a gun. When CW
was askedabout a call betweenNAVIN and CW on Wednesday,August 5,2015, CW statedthat
s/he called NAVIN to discussthe illegal purchaseof Oxycodone,but NAVIN told CW that he
was dealing with a lot of family issuesand that it looked like his parentswere missing.Notably,
this was one day before NAVIN allegedly frrst learnedfrom his uncle that Jeffrey had not shown
up for work on August6,2075.

$r
L4