A0 91 (Rev. 08/09) Criminal Complaint UNITED STATES DISTRICT COURT for the Eastern District of California CL us 0.37 EASTERN DISTRICT '1 United States of America 3" v. Michael Vincent Alvarez Case No. 1: 1 0 019 ZBAM Defendant?s) CRIMINAL COMPLAINT I, 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 October 221 2017 i in the county of Fresno in the Eastern District of California the defendant(s) violated: I Code Section O?ense Description 18 U.S.C. Aiming the beam of a laser pointer at an aircraft or its ?ight path. This criminal complaint is based on these facts: See Af?davit, attached hereto and incorporated herein by reference 91 Continued en the atta?hed sheet. (-Co?mplain?thsWature Jaime Maqallon, FBI Special Aq ent Printed name and title Sworn to before me and signed in my presence. I Date: OctobeWZM 7 . 7 Judge ?5 signature City and state: Fresno, California Barbara A. McAuliffe. U.S. Magistrate Judge Printed name and title Case Document 1 Filed 10/30/17 Page 2 of 5 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT WARRANT I, Special Agent Jaime Magallon, being duly sworn, hereby state and depose: I. CREDENTIALS 1. I am a Special Agent (SA)>of the United States Department of Justice, Federal Bureau of Investigation (FBI). I am a ?federal law enforcement of?cer? within the meaning of Federal Rule of Criminal Procedure that is, a government agent engaged in enforcing the criminal laws and duly authorized by the Attorney General to request a search warrant. I have been employed by the FBI since May of 201 1. Since December of 2016, I have been assigned to the Fresno Resident Agency in Fresno, California. -I have attended numerous trainings relating investigative techniques in numerous federal violations. I am familiar with, and have participated in, conventional investigative methods, including, but not limited to, electronic surveillance, visual surveillance, questioning of witnesses, search warrants, utilization of con?dential informants, and the analysis of call detail records. Through my training and experience, I have become acquainted with federal statutes and elements pertinent to those statutes. The facts set forth in this af?davit are known to me as a result of my participation in this investigation and speaking with other law enforcement of?cials. II. APPLICABLE LAW 2. Title 18, United States Code, Section 39A provides: Whoever knowingly aims the beam of a laser pointer at an aircraft in the special ?aircraft jurisdiction of the United States, or at the ?ight path of such an aircraft, shall be ?ned under this title or imprisoned not more than 5 years, or both. Special aircraft jurisdiction of the United States is de?ned under Title 49, United States Code, Section 46501 (2), and includes the following aircraft in ?ight: a. A civil aircraft of the United States b. An aircraft of the United States Armed Forces; or c. Another aircraft in and outside the United States destined for the United States. Af?davit In Support of Criminal Complaint and Arrest Warrants - 1 Case Document 1 Filed 10/30/17 Page 3 of 5 3. I have learned the following from investigation, from the victim and my review of law enforcement reports prepared in this case, and from discussion of this case with assisting agents and/or of?cers. The purpose [of this af?davit is to support a complaint charging MICHAEL VINCENT ALVAREZ (ALVAREZ) with a violation of Title 18, United States Code, Section 39A. 111. STATEMENT OF PROBABLE CAUSE 4. On October 25, 2017,1 I interviewed Fresno Police Department helicopter (Air- 1), Tactical Flight Of?cer (victim), who stated that: On October 22, 2017, at 12:46 A.M., a Fresno Folice Department helicopter (Air- 1), ?ying at an altitude of approximately 500 feet Above Ground Level (AGL), was providing support to ground units responding to a domestic violence disturbance when it was struck three times by a green laser. The green beam of light originated from the driver side of a moving white Toyota four-door compact car. The green laser beam tracked the helicopter continuously, directly striking the Tactical Flight Of?cer three times in the eyes as the laser beam moved throughout the helicopter cockpit. The beam of light from the laser was held long enough for the Tactical Flight Of?cer to visually spot the exact location of the source. 6. The laser appeared to be tracking Air-l while traveling northbound on highway 99 in Fresno, California. Air-1 followed the vehicle while relaying travel direction to ground units. Air-1 illuminated the suspect vehicle tlnoughout the chase with the helicopters ?Nightsun? searchlight. The vehicle evaded police at a high rate of speed. Twice the vehicle The,? vehicle made a series of turns before hitting a center The driver, stopped to drop off passengers. median near the intersections of Floradora Street and First Street in Fresno. identi?ed as ALVAREZ, ?ed on foot and ran into neighboring homes. ALVAREZ was apprehended soon after by ground patrol of?cers. Any and all references herein to dates and times are to approximate dates and times. Af?davit In Support of Criminal Complaint and Arrest Warrants 2 24 25 26 27. 28 Case Document 1 Filed 10/30/17 Page 4 of 5 7. On October 27, 2017, I read the Fresno Police Department (FPD) Reports for case number 17-069047 pertaining to the laser incident described herein. Of?cers detailed the chase of a white Toyota four-door compact car, California license plate number, 5HUF598, through the streets of central Fresno. Of?cers were involved in a high-speed pursuit that ended with ALVAREZ crashing his vehicle into the center divider near Floradora and First Streets. ALVAREZ exited the vehicle and ran towards 3154 loradora where he was apprehended in the backyard of the residence at that location after a short foot pursuit. 8. ALVAREZ was identi?ed on scene through the use of a Finger Print Reader which identi?ed two felony warrants for arrest. 9. Following the apprehension and arrest of ALVAREZ, the white Toyota four- door compact car, California plate number, 5HUF598, was searched by of?cers. inside the vehicle?s driver side door pocket, a black Laser 303 (brand) with a green multi-dot light beam and danger label was found. 9 10. On October 29, 2017, I read an FPD Report of an interview conducted of one of the passengers that had been dropped off by ALVAREZ. The female witness told of?cers that earlier in the day ALVAREZ had picked her up in the white Toyota fOur-door compact car from which she later exited. They had been driving to a friend?s house when ALVAREZ thought it would be funny to point a laser at the helicopter. The female asked ALVAREZ to drop her off, because she did not want to get in trouble. 11. On October 29, 2017, I listened to the radio traf?c between Air-1 and ground units. The Tactical Flight Of?cer is heard calling for assistance from ground units after being struck by a laser from a moving vehicle on highway 99. The Tactical Flight Of?cer calls out every turn the vehicle is making and identi?es the vehicle as a white Toyota four-door compact car. Ground units are also heard asking for directions and communicate vehicle travel information to other units. 7 12. During the chase and subsequent vehicle crash, ALVAREZ sustained minor injuries and was taken to Community Regional Medical Center (CRMC) for treatment. While at CRMC, a small plastic baggie was found lying between legs near his groin while Af?davit In Support of Criminal Complaint and Arrest Warrants - 3 Case Document 1 Filed 10/30/17 Page 5 of 5 the doctor was performing a check?up. Inside the baggie were three separate plastic baggies containing suspected marijuana, cocaine, and methamphetamine. 13. The laser strikes disrupted the Tactical Flight Of?cer?s support mission and took his attention away from ?ying the aircraft. The pilot experienced momentary ?ash blindness and signi?cant loss of night vision. The Tactical Flight Of?cer also reported watering eyes and discomfort/pain. IV. CONCLUSION 7 I 14. Based on the foregoing, I respectfully submit there is probable cause to believe that MICHAEL VINCENT ALVAREZ did knoWingly aim the beam of a laser pointer at an aircraft or its ?ight path,'in violation of Title 18, United States Code, Section 39A. Your af?ant swears under penalty of perjury that the facts presented are true and accurate I MWEON Special Agent Federal Bureau of Investigation to the best of my knowledge.- SWORN ND SUBSCRIBED TO ME BEFORE THIS DAY OF OCTOBER, 2017. MOW A. United States Magistrate ge Eastern District Of California Reviewed and Approved as to Form this 30th day of October, 2017. 5/ Karen A. Escobar KAREN A. ESCOBAR Assistant US. Attorney Af?davit In Support ofCriminal Complaint and Arrest Warrants - 4