Case li-lL5-rIni-00033-B A0 9i (Rev. 08/09) Criminal Complaint UNITED STATES DISTRICT COURT for the Eastern District ofCalifornia . . . CT EASTERN DISTRICT OF United States of America 3* V. um? Johnny Quenga Case No3AM Def/endauim . CRIMINAL COMPLAINT l. the complainant in this case. state that the following is true to the best of my knowledge and belief. On or about the date(s) of March 5, 2015 in the county of Fresno in the District of California the defendant(s) violated: Code, Section 7 18 U.S.C. 32(a)(5) and Attempting to interfere with the safe operation ofan aircraft; and Penalty: 20 years in fine/$100 penalty assessment/3 year and 18 U.S.C. 39A . Aiming the beam of a laser pointer at an aircraft or its ?ight path; Penalty: 5 years in fine/$100 penalty assessment/3 year . TSR. This criminal complaint is based on these facts: Continued on the attached sheet. . . . Con-Iplamcml Johnnie R. Santiago, FBI Special Aqent Printed name and lit/e Sworn to bet'ore me and signed in my presence. Judge '5 signature City and state: Fresno, California 7 Barbara A. McAuliffe, U.S. Magistrate Judge Primed name and title Case Documentl Filed.03/O6/15 Page20f7' AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ISSUANCE OF ARREST . WARRANT I, Johnnie R. Santiago, a Special Agent (SA) with the Federal Bureau of InveStigation (FBI), Sacramento Division, being duly sworn, depose and state as follows: A. Agent?s Expertise 1. I have been employed as a Special Agent of the FBI since August 1987, and am currently assigned to the Sacramento Division, Fresno Resident Agency. (RA). As a Special Agent of the FBI, I investigate federal criminal violations related to violent crimes, including violations of Title 18, United States Code, Sections 32(a)(5) and attempting to interfere with the safe operation of an aircraft, and Section 39A, aiming the beam of a laser pointer at an aircraft. or its ?ight path. During my years as a Special Agent, 1 have investigated crimes related to Counterterrorism, Domestic Terrorism, Drug Traf?cking, Kidnapping, Bank Robbery, Extortion and Fugitives. I have gained knowledge and experience through training at the FBI academy and over 27 years of everyday work related to these investigations. 2. As a federal agent, I am authorized to investigate violations of laws of the United States and to execute arrest warrants issued under theauthority of the United States. I have educated myself regarding laser cases by reading articles posted on the internet and by reviewing past cases investigated by the FBI. I have used hand held laser pointing devices and laser levels used' in construction work in professional and personal applications. I also know there is a requirement for laser devices to have a danger warning label printed and af?xed on all laser devises, and operating instructions accompanying laser devices that I have seen or reviewed, including instructions to avoid exposing lasers to eyes as the laser could cause serious injury to the eye. Case Document 1 Filed 03/06/15 Page 3 of 7 B. Nature of Affidavit 3. This Af?davit is based upon my own personal knowledge of the events set forth herein, as well as information provided to me by other law enforcement personnel. The purpose of this affidavit is to support a complaint charging JOHNNY QUENGA with violating Title 18, United States Codes, Sections 32(a)(5) and attempting to interfere with the safe operation of an aircraft, and Title 18, United States Code, Section 39A, aiming the beam of a laser pointer at an aircraft or its ?ight path. My knowledge of the underlying investigation is derived from interviews of contacts, victims, potential witnesses and/or suspects, my review of law enforcement reports prepared in this case, and discussion of this case with assisting agents and/oriof?cers. I have detailed only the facts that I believe are necessary and appropriate to establish the probable cause mandatory for an authorization of the arrest of the subject identified hereinafter. C. Statutory Authority 4. Section 32(a)(5) of Title 18 prohibits willfully interfering with or disabling, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the operation of an aircraft in the special aircraft. jurisdiction of the United States. The term ?Special aircraft jurisdiction of the United States? includes any civil aircraft of the United States, any aircraft of the armed forces of the United States, or another aircraft in the United States. 49 U.S.C. 46501(2). Section 32(a)(8) of Title 18 criminalizes attempts to do the foregoing. I 5. Section 39A of Title 18 of the United States Code prohibits knowingly aiming the. beam of a laser pointer at an aircraft or its ?ight path. A laser pointer is de?ned as ?any device designed or used?to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.? 18 U.S.C. 39A(b). AFFIDAVIT OF SA SANTIAGO .Case Document 1 Filed 03/06/15 Page 4 of 7 D. Facts'in Support of Probable Cause Determination 6. On March 5, 2015, at 11:07pm,1 during routine patrol, Fresno Police Department (FPD) aircraft Air 1 were ?ying at cruise altitude, at approximately 500 feet above ground level, when it was struck through the left and back cockpit. window with a green laser approximately six times over a period of about ten minutes. The beam of light caused FPD Tactical Flight Of?cer (TFO) Jeffrey Logue to experience temporary ?ash blindness, after imaging, a persistent headache lasting several hours requiring pain medication, and dizziness. TFO Logue has been struck numerous times inxthe past by green laser beams while serving as a Tactical Flight Of?cer. According to TFO Logue, the green laser beam in this case was much brighter than in the past. FPD Pilot Kenneth Schneider also experienced a momentary loss of night vision. Due to the intensity of the green light which illuminated the cockpit, Pilot Schneider had to restrict his ?eld of vision and utilize a wide orbit tolavoid further strikes, in order to maintain ultimate control of the aircraft. 7. TFO Logue utilized the Forward Looking Infrared (FLIR) camera which is mounted to the aircraft?s belly to determine that the beam originated from the area of North San Pablo and West Fir Avenues in the Pinedale area of Fresno, California. As Air 1 orbited the area of the laser beam, the laser continued to track the aircraft approximately three times. 8. Using the aircraft?s FLIR, the FPD of?cers determined the beam originated from two houses south of West Fir Avenue on the east side of North San Pablo Avenue and contacted dispatch for the assistance of ground units. Response to the laser incident was delayed by an accident involving the ?rst responders; The ?rst responding ground unit was broadsid'ed at the intersection of Blackstone and Herndon Avenues in Fresno and rescue crews had to use the Jaws of Life to remove one of the of?cers. Both of?cers were immediately taken to the hospital and treated for serious injuries. - 1 All references to dates and times herein-are toxapproximate dates and times. 3 AFFIDAVIT OF SA SANTIAGO K. Case Document 1 Filed 03/06/15 Page 5 of7 - i 9. The \second group of responding of?cers advised Air 1 that they were at the suspect?s location at 7078 North San Pablo Avenue. FPD Of?cer Nathan Heinrichs contacted the suspect on the porch of what was determined to be his residence at 7078 N. San Pablo Avenue. The suspect was - identi?ed as JOHNNY QUENGA. TFO Logue con?rmed that QUENGA was the suspect, having had a constant visual on him. I A laser pointer was not in plain view. - 11. Of?cer Heinrichs detained QUENGA for the purpose of conducting an investigation of the laser incident. While handcuf?ng QUENGA, Of?cer Heinrichs heard FPD radio traf?c coming from sweatshirt pocket. QUENGA consent to a search and,?as a result, the of?cer found cell phone that was playing FPD radio traf?c on an app. QUENGA said he could hear everything the of?cers were saying and knew that they were looking for him and had possibly hidden the laser. 12. When Of?cer Heinrichs asked QUENGA where his .laser pointer was, he said he did not have one. When asked about his understanding of Why the police was contacting him, QUENGA stated - it was because someone in the house behind him shined a green laser in the air. He also said he would not do anything like that, because he knew he could get in trouble and lose his job over it. It was later determined that QUENGA works a security guard. 13. Following advice and waiver of Miranda rights, QUENGA indicated he would like to start over. When asked where the laser was, he said it was inside his house right by,the front door and said it was an airsoft ri?e. QUENGA then opened the front door and pointed to the ri?e which was. about 10 inches frOm the front door leaning against the wall. Of?cer Heinrichs seized the ri?e, which was equipped with a laser, and walked with QUENGA back out to the front of the home. The of?cer then asked why he had pointed the laser at the police helicopter. QUENGA said it was because he was ?dumb? and ?just made a bad decision.? AFFIDAVIT OF SA SANTIAGO '28 Case Document 1 Filed 03/06/15 Page 6 of 7 14. Of?cer Heinrichs seized the airsoft ri?e with the attached laser and arrested QUENGA. At the FPD Identi?cation Dureau, QUENGA admitted that the laser belonged to him and that he had purchased it for $65. He said he knew not to point it at people?s eyes and admitted that he had pointed it directly at the police helicopter approximately three times. 15. The laser pointer was mounted to the airsoft ri?e as depicted below: 16. The laser bears a prominent danger warning in bold green letters against a blue background that states: DANGER. Visible and invisible laser radiation. Avoid exposure to beam. Class laser product. 17. I know based on prior expert testimony that the laser beam emitted from the laser pointer used by QUENGA could not have illuminated the cockpit of Air 1 unless it had directly intersected the cockpit window. Joshua Hadler, a physicist and Chief Laser Safety Of?cer at the-National Institute of . Standards and Technology (NIST) and a member of the American National Standards Institute?s (ANSI) committee on laser safety, and Dr. Leon McLin, a research optometrist and Vision scientist for the Air AFFIDAVIT OF SA SANTIAGO Case Document 1 Filed 03/06/15 Page 7 of? Force Research Laboratory] and a member of the ANSI committee on laser safety, so testi?ed at the trial of United States v. Sergio Rodriguez and Jennifer Lorraine Coleman, Case No. involving charges stemming from the lasing of Air 1 on a previous occasion. 18. I also know based on the testimony of Physicist Hadler that a Class laser ?goes up to 500 milliwatts, and is considered-to be potentially hazardous or injurious to the for a direct beam or- re?ected beam for even a momentary exposure.? E. Conclusion Based upon the foregoing, I respectfully submit that there is probable cause to believe that JOHNNY QUENGA did knowingly and intentionally attempt to willfully interfere with or disable, with reckless disregard for the safety of human life, anyone person engaged in the authorized operation of Air 1, a Fresno Police Department helicopter, and did knowingly aim the beam of a laser pointer at an aircraft or its ?ight path, in violationof Title 18, United States Code, Sections and 39A. Your affiant swears under penalty of perjury that the facts presented herein are true and accurate to the best of my knowledge. . VNIE R. SANTIAGO pecial Agent, Federal Bureau of Investigation SWORN TO BEFORE ME, A SUBSCRIBED IN MY PRESENCE THIS - OF Reviewed and Approved as to Form This 6th Day of March, 2015 Karen A. Escobar KAREN A. ESCOBAR. Assistant US. Attorney AFFIDAVIT OF SA SANTIAGO