Case 1:17-mj-00563-BMK Document 1 Filed 05/20/17 Page 1 of 10 PageID #: 1

ELLIOT ENOKI # 1528 FILED IN THE

UNITED STATES DIST RICT COURT
Acting United States Attorney DISTRICT OF HAWAII
District of Hawaii May 20, 2017
SUE BErTIA, CLERK
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) 54 1-2958
E-Mail: Morgan.Early@usdoj.gov

Attorneys for Plaintiff

UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAll

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 HAWAll

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-laptop-
bombs-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 1nvestigation

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