Case Document 2 Filed 02/24/20 Page 1 of 12 . IN THE UNITED STATES DISTRICT COURT FOR THE NORTI-IEN DISTRICT OF FLORIDA IN THE MATTER OF: Case No.: 8116 Heritage Woods Lane, Panama City, FL AFFIDAVIT IN SUPPORT OF SEARCH WARRANT I, Kevin Sucher, being duly sworn, declare and state as follows: I. INTRODUCTION 1. I am a Special Agent for the Air Force Office of Special Investigations and have served in the capacity of a Federal Criminal Investigator for more than fourteen years. I am authorized under 28 CFR 60.2 to request federal search warrants. I am currently assigned to Detachment 223, Tyndall Air Force Base located in the Northern District of Florida. My main responsibility involves the investigation of felony level crimes and counterintelligence matters committed by anyone subject to the United States Code (USC) and the Uniformed Code of Military Justice (UCMJ) which impact the United States Air Force. During my employment with the United States Air Force, I have participated in investigations involving rape, statutory rape, sexual assault, attempted murder, murder for hire, distribution of narcotics, theft of identity, unauthorized sale of goods, manners of death, public corruption, bribery, wire fraud, espionage, and terrorism. Many of these investigations have involved the use of undercover employees, informants and cooperating witnesses, and have required ?nancial analysis. I have also participated in the execution of numerous search and arrest warrants. I have conducted physical surveillance and have monitored electronic surveillance. I began my training at the Federal Law Enforcement Training Center, GA, and have since attended numerous training sessions ranging from general investigative methods, advanced interviewing, criminal Case Document 2 Filed 02/24/20 Page 2 of 12 investigation operations, tactical operations, procurement fraud investigations, product substitution investigations, and advanced counterintelligence collections and investigations. The opinions I have formed and set forth in this affidavit are based on my experience and training, as well as my consultation with other experienced investigators and agents of the AFOSI, and other law enforcement agencies. II. PURPOSE OF AFFIDAVIT 2. This af?davit is made in support of an application for a warrant for authorization to search a residence located at 8116 Heritage Woods Lane, Panama City, FL, in which Darian Deonta JAMES (hereinafter referred to as D. JAMES) resides. D. JAMES is on active-duty with the United States Air Force, but lives off? base. 8116 Heritage Woods Lane, Panama City, FL, is a single story residence with an attached two car garage. I also seek to search all outbuildings located on the property. In this af?davit, I have set forth probable cause to believe that D. JAMES and his father, Steffron JAMES (hereinafter referred to as S. JAMES) committed a theft of US. Government property, owned by the United States Air Force, which had been located at TAFB, and then transported this property off?site, in violation of 18 U.S.C. 641. The value of the property was in excess of $1,000, and neither S. JAMES nor D. JAMES had authority to. remove the Air Force property. I respectfully submit that there is probable cause to believe that some, or perhaps even all, of the stolen property would be located at 8116 Heritage Woods Lane, Panama City, FL. PROBABLE CAUSE 3. This investigation was initiated on February 3, 2020, based upon information from Base Defense Operations Center (BDOC), 325th Security Forces Squadron (SFS), Tyndall AFB (TAFB), FL, which reported that approximately in government owned industrial cabinets were stolen from 2 Case Document 2 Filed 02/24/20 Page 3 of 12 258, TAFB, FL. AF OSI agents responded to Bldg. 258, TAFB, FL, and observed Bldg. 258 was a large industrial style building with considerable storm damage as a result of Hurricane Michael. As a whole, the building was open and unable to be secured. There were tire tread marks leading through the center of the building from the northeast side of the building to the southwest side of the building. SA Dylan Johnson and your af?ant were joined by Zachary Stead, 325th Test Support Squadron (TSS), 53d Weapons Evaluation Group (WEG), who explained the 53d WEG used the building as a storage location for equipment until a new facility was completed. 4. Stead stated that-?ve cabinets and three end tables had been stored at the southwest side of the building. The aforementioned items were secured on wood pallets with heavy ratchet straps. The only items-remaining Where the cabinets had been stored were the wood pallets. Stead telephonically contacted Mr. Glenn Ho?und, Facility Manager, 53 WEG, to assist in answering several questions. Ho?und decided to come in person to Bldg. 258. Ho?und stated when the cabinets were placed in Bldg. 258 on January 14, 2020, he had taken several photos of them. A cursory review of the photos showed that the missing cabinets were ratchet strapped together, and sitting on wooden pallets. Ho?und believed that the cabinets went missing sometime between January 24 and 30, 2020. Besides from some tape on the cabinets, no speci?c markings had yet been placed on the cabinets or end- tables to indicate the items were Air Force property. 5. SA Johnson directed Security Forces Of?ce of Investigations (SFOI) to begin an initial review of the closed circuit television (CCTV) footage for all I inbound and outbound traf?c at Tyndall Gate. Upon review, SFOI observed a Grey Toyota Tundra, Tennessee license plate BTR 107, towing an empty ?atbed trailer enter Tyndall Gate on January 25, 2020 at approximately 8:00 am. The same truck exited Tyndall gate at approximately 10:00 am, carrying ?ve cabinets and three end 3 Case Document 2 Filed 02/24/20 Page 4 of 12 tables (matching the description of those the 53 WEG reported missing) on the ?atbed trailer. The cabinets were secured to the ?atbed trailer with ratchet straps that matched those used on the cabinets. There appeared to be two individuals in the vehicle. The vehicle exited in the direction of Panama City, FL. The vehicle registration, based on the license plate, identified the owner as Steffron JAMES (S. JAMES). Using a Department of Defense Person Search engine, your affiant was able to determine that S. JAMES was the father of D. JAMES. 6. A continued review of . further CCTV footage revealed that on January 24, 2020, the day before the cabinets were stolen, at approximately 3:40 the same Grey Toyota Tundra, Tennessee license plate BTR 107, entered Tyndall AFB via the Airey Gate. The vehicle was being driven by an individual matching S. description, and was pulling an empty trailer. An exact identification could not be made of the driver because of the angle of the video. In the passenger seat was an individual that matched D. description wearing an OCP uniform. The same vehicle exited Tyndall AFB at approximately 5:35 pulling a trailer loaded with a green felt top pool table, a foosball table, and an item which appeared to be a ping-pong table. After exiting the base, S. vehicle (Grey Toyota Tundra) headed towards Panama City, FL. This footage was also reviewed by SA JOHNSON, who con?rmed ?ndings. 7. On February 3, 2020, AFOSI SA Watson and Bay County Sheriff Deputy Burnette conducted surveillance at D. residence, located at 8116 Heritage Woods Lane, Panama City, FL. SA Watson and Deputy Burnette observed a black Dodge Ram pickup truck with an individual in an Operational Camou?age Pattern uniform (who was later identi?ed as D. JAMES) standing near the vehicle. SA Watson and Deputy Burnette approached D. JAMES and conducted a field interview. Prior to this encounter, SA Watson and Deputy Burnette were not Case Document 2 Filed 02/24/20 Page 5 of 12 aware that D. JAMES was affiliated with the military other than being a dependent. The interview was not recorded. 8. D. JAMES stated that S. JAMES had visited D. JAMES on the weekend of January 25, 2020. D. JAMES stated that S. JAMES had driven down from Tennessee. D. JAMES stated that S. JAMES had been driving his Toyota Tundra pick-up truck; however, S. JAMES did not have a trailer attached to his truck. According to D. JAMES, S. JAMES visited him between January 25 and January 26, 2020. According to D. JAMES, S. visit was for pleasure, and that S. JAMES did not have any business that would have necessitated him being on TAFB. 9. On February 3, 2020, while at D. residence, AFOSI SA Saddler interviewed Kaitlin James, who is D. spouse. She stated that she ?did not get along? with S. JAMES. She knew that S. JAMES came to visit D. JAMES recently, and had arrived at their residence around 10 but she could not recall which day of the week S. JAMES had arrived. She did not know whether D. JAMES or S. JAMES had moved any equipment from Tyndall AFB. During this interview, AF OSI SA April Fohey and SA Leon Saddler both noticed 'a green felt top pool table in D. residence. I 10. AF OSI Agents requested that D. appear for an interview at the AFOSI office that evening. After D. JAMES arrived, he was advised of his rights under Article 31, UCMJ. D. JAMES requested an attorney, and the interview was immediately terminated. 11. On February 4, 2020, AFOSI SA Johnson interviewed Lee Rosario, Entry Controller, 325 SFS, TAFB, FL, to show Rosario a series of photographs. Rosario had been working at the control gate on January 25, 2020. Rosario was shown photos of the 2006 Toyota Tundra, Tennessee license plate BTR 107, and a black trailer. Rosario was also shown photos of D. JAMES and S. JAMES Case Document 2 Filed 02/24/20 Page 6 of 12 to determine if he could recognize and recall additional information during the performance of his official duties as entry controller on January 25, 2020. 12. Rosario recognized a photograph of D. JAMES. Rosario identi?ed D. JAMES as the passenger and S. JAMES as the driver based upon the photos provided by SA Johnson. Rosario believed that he had several interactions with D. JAMES and S. JAMES. According to Rosario, D. JAMES was in his military uniform and sat in the front passenger seat of a vehicle. Rosario stated that he checked credentials for installation access. According to Rosario, S. JAMES was the driver and provided a retired identification card for installation access. The encounter was very brief and Rosario did not notice anything unusual. Your affiant knows that it is not uncommon for military members to access base in uniform on the weekends. Rosario estimated the interaction took place sometime between 0830 and 1130 hours on January 25, 2020. Rosario never witnessed either D. JAMES or S. JAMES depart the installation. Rosario thought he may have had a second separate interaction with S. JAMES either the day before or later that same day. 13. CCTV footage of the Tyndall Gate, captured on January 25, 2020, at approximately 0800 hours, revealed that Rosario checked the identi?cation card provided by what appeared to be a male of African American descent, who was the driver of the Gray 2006 Toyota Tundra, Tennessee license plate BTR 107, with an attached black ?atbed trailer. CCTV footage from January 24, 2020 revealed that Senior Airmen Fields and Airman Sewell were both working the Airey Gate when the Tundra entered TAFB on January 24, 2020, but neither could remember whether they had seen D. JAMES or S. JAMES. 14. Based on the information from Rosario?s interview, AFOSI relayed the information to AFOSI Det 106, located in Tennessee, to place S. JAMES under surveillance. On February 4, 2020, AFOSI Det 106 identi?ed S. JAMES at his residence located in Murfreesboro, Tennessee. AFOSI identi?ed S. JAMES driving 6 Case Document 2 Filed 02/24/20 Page 7 of 12 a Toyota Tundra bearing Tennessee license plate BTR 107. During the surveillance, S. JAMES was not observed retrieving or moving any items matching the description of the items taken from the 53d WEG. 15. On February 5, 2020, agents from AFOSI Det 106 traveled to S. residence and conducted a non-custodial field interview. S. JAMES admitted to being on TAFB in January, 2020, and requested to consult an attorney when he was shown a still image from the January 25, 2020, Tyndall gate CCTV footage of his vehicle leaving the gate towing a trailer ?lled with items matching the description of the items missing from the 53d WEG. S. JAMES did, however, admit that it was his vehicle observed on the still images of the CCTV footage. The following day, S. JAMES re-engaged contact with AFOSI Det 106 Agents and admitted that he and D. JAMES had taken the cabinets and other property because they thought it was garbage and not worth anything. S. JAMES stated. all the property was returnable and located in different locations. 16. On February 7, 2020, your af?ant and SA Johnson conducted a follow up interview with 1Lt Zachary Stead. Stead provided your affiant with a purchase order and an excel spreadsheet which detailed all items suspected to be stolen (?ve industrial cabinets and three end-tables). The total dollar loss for these items was $33,181. 17. On February 7, 2020, your affiant and SA Watson conducted an interview with Cody Sekela, who is a good friend of D. Sekela stated he and D. JAMES were tasked by Chief Master Sergeant Giovanna Alvarez to move a foosball table from one of the old dorms to the LRS trailers for morale purposes. D. JAMES, Sekela, and Alvarez went to several old dormitories and found several foosball tables and pool tables; however, only one seemed in decent condition for the LRS to use. Sekela did not recall seeing D. JAMES take a particular interest in Case Document 2 Filed 02/24/20 Page 8 of 12 i any speci?c item. Sekela was last in D. residence in December, 2019, and did not recall seeing a pool table in the home at that time. 18. On February 7, 2020, your af?ant interviewed Chief Master Sergeant Giovanna Alvarez, who explained that she coordinated With dorm management to obtain a foosball table to move to the LRS tent for morale purposes for the night shift personnel during a base exercise. Alvarez, Sekela, and D. scouted several of the dormitories for a foosball table in good working condition before ?nding one. The day D. JAMES and Sekela were supposed to move the foosball table, dorm management contacted Alvarez and asked if they had taken anything yet. They were missing several items from the dorms. Alvarez indicated they had not and asked if it was still okay to relocate the foosball table, to which she was told it was okay. Sekela and D. JAMES moved the foosball table later that day. 19. Alaverez also mentioned on February 2, 2020, D. JAMES hosted a Super Bowl party at his residence. Alvarez noticed D. JAMES had a pod table in his residence and inquired about it. D. JAMES stated his father, S. JAMES, got it for him. Alaverez also explained that D. work schedule was Monday through Friday from 7 am. to 4 pm, and there was no reason for him to be 'on base in uniform on a Saturday (January 25, 2020). 20. On February 11, 2020, AFOSI SA Fohey conducted a review of a power equipment inspection report following a report of missing equipment on December 16, 2019. The review disclosed the following items were missing from the tents on Tyndall AFB: pressure washer: 10942859 (Tent 2) -Rental bikez?JDJ11205440 (Tent 2) -Rental bike: DJ11246479 (Tent 2) ~Rental bike: DJ 1120541 8 (Tent 2) -Star Trac treadmill (Tent 1) Case Document 2 Filed 02/24/20 Page 9 of 12 -Star Trac stationary bike (Tent l) ~Precor stationary bike (Tent 1) ?Pressure washer attachment; and -Paint sprayer 21. On February 19, 2020, SA Saddler met with Paul Burgess, Loss Prevention Manager, Army and Air Force Exchange Service (AAFES), TAF B, FL, and inquired if there were any online orders received at the store for a pool table, foosball tables, or ping pong tables. BURGESS said there had not been any orders like that recently and was not sure if they had ever received orders similar to those mentioned. 22. On February 19, 2020, your afflant interviewed Randy Aikens, Superintendent, Unaccompanied Housing, 325 Civil Engineer Squadron (CES), TAF B, FL, and Matthew Wilkey, Unaccompanied Housing, 325 CES, TAFB, FL. They explained on January 26, 2020, Wilkey was on Tyndall AFB to check on several of the unaccompanied housing facilities and discovered a recently purchased blue colored ping pong table and a previously purchased but in like-new condition foosball table were missing from the common area. Wilkey and Aiken went to several locations on the installation inquiring if anyone had moved or taken the items. They were unsuccessful in locating the items; hoWever, they also discovered a green colored felt pool table was missing from bldg. 1036 at TAF B. 23. Your affiant showed Aikens the CCTV footage of S. vehicle driving off installation with a green colored felt pool table, foosball table, and ping pong table. Aikens stated that those items looked identical to the itemshe and Wilkey identi?ed as missing. Aikens provided documentation for the purchase of the ping pong table which was valued at $5 99.99. AIKENS did not have documentation for the purchase of the pool table or the foosball table because they were purchased previous to his taking the position as superintendent of 9 Case Document 2 Filed 02/24/20 Page 10 of 12, unaccompanied housing. However, he assumed the foosball table was valued similarly to the ping pong table. Aikens was unable to accurately provide a monetary value for the pool table but opined it may be worth approximately $1,000. There were no markings on the property to indicate that the items were Air Force property. IV. CONCLUSION Based onthe information set forth above, I respectfully submit that there is probable cause to believe that DAIRIAN JAMES knowingly committed theft against the US. Government in violation of 18 United States Code 641, and that evidence of this crime can be found at 8116 HERITAGE WOODS LN., PANAMA CITY, FL. Your af?ant has speci?cally set forth 'a description of the residence in Attachment A. Your af?ant seeks authorization to search for and seize items speci?cally described in Attachment B. Many of the stolen items were not marked with any speci?c markings that would denote it was property of the Air Force. Consequently, your af?ant will take Air Force personnel familiar with the missing items to the search warrant execution in order to positively identify property that was taken from the Air Force. K/evin SucherTS?pcial Agent Of?ce of Special Investigations Subscribed to and sworn before me this 2 day of February, 2020?. Honorable Miclhelel Frank A . anus ti?il?i? Hilts Unlted States Magistrate Judge - I ,w mi 10 Case Document 2 Filed 02/24/20 Page 11 of 12 ATTACHMENT A 8116 Heritage Woods Lane, Panama City, FL, is a single story red brick residence with an attached two car garage as well as outbuildings located on the property. Case Document 2 Filed 02/24/20 Page 12 of 12, ATTACHMENT -Any and all property that can be identi?ed as belonging to the U.S. Air Force, and speci?cally cabinets, end?tables, pool table, foosball table, ping?pong table, pressure washers, paint sprayer, rental bikes, treadmills, and other exercise equipment; ?Paper Records/photos/receipts/ sale documents depicting acquisition or sale of Air Force Property; and - U.S. Currency that can be identi?ed as the proceeds from the sale of U.S. Air Force property.