A0 91 (Rev. 02t09) Criminal Complaint United States District: for the .. . 1 Western District of New York United States of America Case No. 19-mj- 534/ I V. PETER HINGSTON Defendant CRIMINAL COLIPLAIN I, the complainant in this case, state that the following is true to the best of my knowledge and belief. Between in or about September, 2018, to on or about June 20, 2019, PETER HINGSTON, in the County of Erie, in the Western District of New York, did attempt to and did employ, use, persuade, induce, entice and coerce a minor to engage in seXually explicit conduct for the purpose of producing a Visual depiction of such conduct, which visual depiction was produced using materials that had been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer in violation of Title 18, United States Code, Section 2251(a) and and did knowingly possess material which contained images of child pornography, that had been produced using materials that had been mailed, shipped, and transported in and affecting interstate or foreign commerce by any means, including by computer, in violation of Title 18 U.S.C. Section This Criminal Complaint is based on these facts: Continued on the attached sheet. 4! A, . . I {36.4327744 hCamplamant 5 Signature ERIC M. SCHMIDT, Task Force Of?cer Federal Bureau of Investigation Printed name and title Sworn to before me and signed in my presence. Date: September I 1 2019 WM 6% VJudge? signature HONORABLE MICHAEL J. ROEMER City and State: Buffalo, New York United Sates Magistrate udge Printed name and ride AFFIDAVIT IN SUPPORT OF COMPLAINT .1, Eric. Schmidt, being duly sworn, depose and say: 1. I. am a Task Force Of?cer of the Federal Bureau oflnvestig?ation and have been on the Child Exploitation Task Force (CETF) since. April 2017. have been employed as a po'IiCe- o??icer with the Town of'TonaWanda Police Department?. since January 2002.? As a member of the CETF, I work on cases associated with the Violent Crimes Against Children pregram, which targets. individuals involved in the on line- sexttal exploitation of children. As part of these duties, I. have become involved in the investigation of suspected violations of Title 181, United States Code, Sections 2251, 2252,. 2252A, 2422, and-2423. 2. lhave also participated in various FBI mandated and volunteer training for the- mvestigation and ethrcernent of federal child pornography'laws in which computers- and electronic media are used as the means for receiving, transmitting, and storing child pornography. I make this af?davit in support of a criminal complaint charging PETER (hereinafter with a violation of Title 18 U.S.C. Sections 22-51(a) and. [attempted Sexual exploitation of a Child and sexual. exploitation of a child] and [possession of'mater-ial that contained an image of child. pornography]. 4. The statements contained in this af?davit are based. on my involvement in this investigation, as] well as information provided to me" by other law enforcement of?cer-s involved in this investigation, and uponmy training and 'experience. Because this af?davit isbeing submitted. for the limited purpose of seeking a crimi?nalcomplaint, Ithave not included- each and every fact known tome concerning this investigation. I have set forth only the. facts thatl belieVe: are necessary to establish probable cause to believe that HINGSTON violated. Title? 18. United States code, SeictiOns 2251 and and I. THE INVESTIGATION AND FACTUAL BASIS 5. On or about June 18, 2.019, I learned that Buffalo Police Department (B-PD) was investigating an incident related to the pOSsible production of child pornography. I called the BPD Special Vietims Unit to discuss the matter. During the telephone call, I was advised that a police. report was ??led regarding ?a City Honors teacher; The report alleged. that a middle school technology teache-rj HINGSTON, was observed using 'a GoPro- camera ?to photograph or record ?female students in a sexually inappropriate-way. I. was also advised that statements were obtained from a student Witness (hereinafter WITNESS 1). WITNESS advised that he/she' believes ?they observed HINGSTON using- the GoPro camera to take photographs or videos of "minor female" students-in his classroom, including an incident wherein appeared to aim the camera under the table up a minor female Student?s skirt. WITNESS '1 also stated on or about June 17, 2.019, lie/she observed HINGSTON take _.photogra_phs of a minor female student?s buttocks. WITNESS ?became alarmed and upset and requested to leave the classroom, 7. On or about June-18, 201.9, student Witness (WITNESS 2) advised City Honors School" administrators that he/she had. observed HINGSTON utilizing the. GoPro Camera to take photographs or videos of a minor female student. WITNESS 2 stated that at the start of the 2018-2019 school year.11e/ she and others observed: HINGST ON talking to a. minor female student in the back of his classroom. WITNESS 2 looked in the direction of'the back of the classroom and. observed KINGSTON take- out the GoPro and take images or videos of the female student?s buttocks Without her knOWledge. WITNESS 2 stated that on. or about June 1.7, 2019, he/ she observed doing the same thing, but 'it appeared. HINGSTON was aiming the Camera toward another miner female student?s breasts. 8. On or about June '18, 2019, student witness WITNESS 3) stated to City Honors School administrators that he/ she observed HINGSTON utilizing the GoPro camera to take pictures of a-minor female student. WITNESS 3 stated that at the. beginning of the school "year he/she obserVed HINGSTON kneel dewn next to: a female student wearing a neon green skirt and slide the GoPro underneath the student. WITNESS 3 stated that he/ she pa?niCk'e'd and felt what. he was doing was wrong, but did. not report it. .9. On or abOut June 17,2019, while at school, HINGSTON voluntarily turned the GoPro camera over to the Buffalo Police. At one point duringthe process of turning it over, he. pulled back, appearing as though that he did not want to turn it over to the Of?cers. Buffalo Police subsequently turned the GoPro over to the Field Of?ce in Buffalo where it was secured as potential evidence". On or about June 22, 2019, WITNESS 2 was interviewed by law enforcement. WITNESS 2 stated-again that he/ she observed HINGSTON taking piCtures with the GoPro on .seVetal occasions and described the device for of?cers. WITNESS 2 also gave the name of the female student who he/ she observed HINGSTON taking pictures of while she was? sitting on a desk with her legs up in the air. 11. On or about. June 24, 2019,. WITNESS 4 was interviewed by law enforcement. WITNESS 4 also. had technology class with HINGSTON and. recounted? that on or about June 17., 2019., he/ she Observed I-IINGSTON with the GoPro camera and "saw him hide the GoPro behind a sheet of paper that he. was also holding. WITNESS 4 then saw HINGSTON move'his thumb up and down. on "the device as if?he was taking a photograph. WITNESS 4. stated that HINGST ON appeared to be taking photographs of a minor female student?s breasts. 1.2. On or about June 28, 2019, WITNESS was interviewed bylaw enforcement.- WITNESS 1 said they observed take out the GoPro and take a" picture of a female student?s buttocks. The female student had on ?really short shorts?, and stated that standing next to the female when he took. the picture: WITNESS provided a detailed description of the GoPro and stated he/ she observed HINGSTON take pictures or videos of'another female student on two other occasions. The other occasion was when knelt down- next to another female student who was wearing a skirt. WITNESS 1 observed. him stand up after talking. to the student and put- the GoPro in his- pocket. WITNESS was not sure if he took a. picture of the female during this incident but it did make WITNESS 1 suSpicious. 1-3. On ?or about? August 21, 2019-, the GoPro, and: a SanDisk micro. "secure digital (SD) card Were searched. Both. the SanDisk and the GoPro camera were manufactured outside the state of New YOrk? and therefore traveled .in interstate or foreign commerce. The. search. revealed. approximately 24- videos wherein HINGSTON. invOlVes; or attempts to invOIve students in sexually eXplicit. conduct. :Based my training and. experience, I submit that. this conduct constitutes the attempted production and production of child pornography and depiction of ?sexually explicit conduct, as those terms are de?ned in Title 18, United. States Code, Section 2256. Several of the. videos. are summarized below: Description. A video, 13 seconds in duration, wherein face is Observed before. 'he turns the camera and takes his erect penis and touches it: to a minor female students hair. It appears the female did not recognize what'Was Occurring. A video, '31. Seconds in duration, wherein face is observed before he turns and takes his erect penis and touches it to a minor female student?s hair, There is another minor female "student in the background who is standing to. the left 'of the victim. A video, 22 seconds in duration, wherein face is clearly observed before .he approaches a minor female student .and takes his erect penis and puts it into the student?s hair. A video, 24 seconds in duration, wherein RING-STONE face. is clearly .5. Description observed beme he. takes his erect penis and touches it to a minor female ?student?s hair. video, 57 seconds in duration, wherein face is Clearly observed before he turns the camera, takes his "penis from his pants and begins touching it to a minor female students pony tail (the student appears to be working at a table and did not recognize what was occurring). A video, 20 seconds in duration, wherein observed masturbating and takes. his erect penis and begins touching it to a. minor "female students pony tail. A video, 25'secon'ds in duration, wherein. face is. clearly observed before he turns the camera, takes his erect penis and. begins touching it to a female students pony tail (the. student appears to be Working at a table and did not recognize what ?was occurring.) Another minor female student is observed in the background to the left of the victim. A. video, 10 minutes 26 seconds in duration, wherein HINGSTONS face is clearly observed before he-turns the camera repeatedly points the camera up a minor female student?s askirt (the minor female student is standing and appears to be working at. a table. and did not recognize what was oCcurring). A video, 47 seconds in duration, wherein face is clearly observed before he takes the camera and covertly points it in the direction of a minor female student who is sitting. on a stool at. a table, using a cardboard box. to ?hide the camera. The student is wearing shorts and has her right leg up on the stool, exposing her clothed. genital area. A video, 11 secondsin duration, wherein HINGST ON. is pointing the camera in the direction of 'a'minor female student who is sitting on. a stOol at a table. The student is wearing shorts and has her left leg up on thestOol, exposing her CIOthed genital area. A video, '22 seconds in duration, wherein face is observed before he turns and masturbates in the presence of a Clothed minor female student (the student Was working on a laptop computer and did not. recognize what was occurring). A video, 16 seconds in duration, wherein face is o'bserVed. beforehe. turns and "masturbates and ejaculates onto a "clothed. minor female student?s. back (the student was w0rking on a laptOp computer and" did not recognize what was occurring). A video, 3 minutes 28 seconds. in duration, wherein face is-observed before he turns the camera and exposes his penis, and Description puts it into close proximity to a minor- female. student?s back. His erect penis does touch the student?s pony tail. A video, 25 seconds in duration, wherein HINGSTON removes his penis from his pants. A minor female studentis observed on the video as well. The Student does have. long hair tied. back into a pony tail. HINGSTON can be heard talking to people. A video, 1 minute 17 SeCOnds in duration, wherein HINGSTON has his erect penis exposed to the. camera. He puts "his" erect" penis into close proximity of a minor female student?s thigh and. then movesto another minor female. student Where he places the camera down, clearly exposing his face and penis. He then masturbates using the. femalestudent?s pony tail. HINGSTON is also later? observed talking" to students. in the-class while holding a sheet of paper. A video? 2 minutes" 3 seConds?Jin duratiOn, wherein. takes his erect penis and attempts to touch the elbow of a minor female student with it. These actions take place atthe-beginning of the video. Most of the video. is only audible and not visible due to. the camera being Covered. face is clearly- visible at the end of. the video. A video, 52 seconds in duration,- wherein face is clearly visibly before he turns the camera, removes his penis from his pants and begins masmrba'ting using a minor femalestudent?s pony tail. HINGSTON puts" his penis. back in his pants and then removes "it again and continues masturbating. On August 21, 20.19 While, the Sandisk Micro SD card, a Sport Rocketry? magazine "with a yellow colored rocket, headlines reading ?Eggtimer Rocketry Flight Computers, and ?Custom 3D Printed Rockets? is visible in 'thebackground of the video. On August 22, 2019, Bl Special Agent Randall Garver and I observed that magazine in classroom. The date on the magazine is On or: about August 27, 2019 WITNESS 5 was interviewed. and shown still images from one of the videos? contained on the .GoPro. WITNESS 5 identi?ed an article 7 of clothing he/ she was wearing in the video as being purchased in or about May 2019. 16. Based on the foregoing, there is probable cause to believe that HINGSTON violated Title 18 United States Code Sections 2251(a) and and a .. do,? ERIC M. SCHMIDT, Task Force Of?cer Federal Bureau of Investigation Sworn and subscribed to before me this [914? day of September, HON. MICHAELW. United States Magistrate Judge