Case 3:14-mj Document 1 Filed 03/11/14 Page 1 of 9 Page ID#: 1 UNITED STATES DISTRICT COURT. for the District of Oregon ) ) ) ) ) ) ) Case No.

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1 Case 3:14-mj Document 1 Filed 03/11/14 Page 1 of 9 Page ID#: 1 AO 91 (Rev. 11/11 Criminal Complaint UNITED STATES DISTRICT COURT for the District of Oregon FILEDii t'\'4r '14 11:01 USDNJRP United States of America V. Jared Gregory McKay Defendant(s Case No. '14-MJ-038 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 03/10/2014 in the county of Multnomah in the District of 0-=--:...cre=->g'-'o:..:_n:, the defendant(s violated: Code Section Title 49 USC Offense Description An individual on an aircraft in the special jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties This criminal complaint is based on these facts: See Affidavit of Sean Hamblet which attached hereto and incorporated herein by this reference. IYf Continued on the attached sheet. Sworn to before me and signed in my presence. Sean Hamblet, Special Agent, FBI Printed name and title Date: 03/11/2014 City and state: Portland, Oregon Printed name and title

2 Case 3:14-mj Document 1 Filed 03/11/14 Page 2 of 9 Page ID#: 2 STATE OF OREGON ss. COUNTY OF MUL TNOMAH AFFIDA VII OF SEAN HAMBLET AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT I, Sean Hamblet, having been first duly sworn, do hereby depose and state as follows: INTRODUCTION 1. I am a Special Agent with the Federal Bureau oflnvestigation (FBI and have been so employed since December I am currently assigned to the Portland Division of the FBI. My experience includes having investigated various crimes including mortgage fraud, fraud against the government, bankruptcy fraud, and bank robbery. My current duties include investigating crimes involving domestic terrorism as defined in Title 18 United States Code, Section 2331(5. Additionally, since approximately October 2013, I have been an Airport Liaison Agent (ALA assigned as one of Portland Division's liaisons with Portland International Airport. 2. This affidavit is submitted in support of an arrest warrant for Jared R. McKay, date of birth February 25, 1985, for interference with flight attendants. 3. Title 49, United States Code, provides as follows: An individual on an aircraft in the special jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to so such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years, or for life. 4. The statements contained in this affidavit are based upon the following: my own personal PAGE 1- AFFIDA VII OF SEAN HAMBLET I!i t

3 Case 3:14-mj Document 1 Filed 03/11/14 Page 3 of 9 Page ID#: 3 knowledge; knowledge obtained from other individuals during my participation in this investigation, including other law enforcement officers; interviews of witnesses; my review of records related to this investigation; communications with others who have knowledge of the events and circumstances described herein; and information gained through my training and experience. This affidavit does not contain all facts known to me regarding this investigation, but instead contains only those facts which I believe are sufficient to establish probable cause. Through my involvement in this investigation, I have become aware of the following information: 5. On March 10, 2014, at approximately 11:52 p.m., I was notified by Special Agent Jake Green of a disturbance that occurred during United Airlines flight 1108 which had recently arrived at Portland International Airport from Chicago O'Hare International Airport. After receiving this information, I traveled to Port of Portland Police Department and, upon arrival, discussed the incident with the police officers who initially responded to the incident and later reviewed reports they prepared about the incident. 6. Port of Portland police officers were dispatched to gate E23 at approximately 11 :00 p.m. Upon arriving, they made contact with Jared McKay, and conducted interviews of flight crew and passenger witnesses. In summary, the witnesses stated that McKay had been yelling profanities, refusing to sit in his seat, and intimidating the flight crew. 7. United Airlines ground crew personnel advised one of the responding officers (PO-l stated the flight was in the airspace near Denver, Colorado, when Jared McKay became uncooperative and the flight crew communicated that they nearly diverted the flight to Denver. 8. PO-l and another Port of Portland police officer (P0-2 made contact with McKay in seat PAGE2-

4 Case 3:14-mj Document 1 Filed 03/11/14 Page 4 of 9 Page ID#: 4 38B after boarding the aircraft. According to PO-l's report, when PO-l asked what had happened on the flight, McKay responded: "It's all fucking bullshit. Habib the terrorist dumped a drink on me and then they act like I'm the asshole? Fuck that. I'll tell you guys what happened. I just want this all to be over with, I've flown hundreds of times and have never had anything like this happen." When PO-l asked McKay who had spilled a drink on him, he said "Fucking Habib dumped water all over me because I wanted a drink and he wouldn't give me one." PO-l asked MCKAY if he thought he had a drink dumped on him in retaliation for something. McKay responded, "that's fucking right, he did." PO-l asked McKay why he was in the galley area of the aircraft to which he responded: "Because they dumped water all over my fucking lap. I told him they needed to clean it up and they told me I had to sit back down. I told them they needed to make it right for me before I would sit anywhere." 9. Two other Port of Portland police officers (P0-3 and P0-4 began interviewing flight attendants and witnesses while PO-l and P0-2 were taking McKay into custody. 10. P0-3 spoke with the captain ofthe aircraft who told her he never had any direct contact with McKay. He said he was alerted to a situation by the flight attendants, who told him about a disturbance in the aft galley. He said they were over Colorado at the time. He said he was told the passenger (McKay was refusing to return to his seat and was increasingly aggressive. He was also told that McKay had been smoking in the lavatory. He was told that McKay was demanding to speak to "the pilot," so he and the co-pilot locked the cockpit door. He said they were "seconds" away from diverting to Denver, but then he heard that McKay had returned to his seat and calmed slightly. He and the co-pilot decided to continue with the flight with the contingency that they could divert to Salt Lake City later if the need arose. He was told later that PAGE 3-

5 Case 3:14-mj Document 1 Filed 03/11/14 Page 5 of 9 Page ID#: 5 McKay was asleep or passed out and was not currently a problem, so the flight continued to PDX as planned. II. P0-3 spoke with a flight attendant (FA-I, a United Airlines Flight Attendant. FA-I advised as follows: McKay boarded and was not a problem. FA-I was not aware of any intoxication on the part of McKay. McKay asked for a drink after take-off and was served. FA-I said the flight attendants decided to not serve McKay anymore drinks later in the flight as he was becoming belligerent. FA-I said he didn't think McKay was intoxicated, but the flight attendants did not want him to become intoxicated and more aggressive and belligerent that he had been already. McKay asked for another alcoholic drink and was told he could not have one. FA-I offered McKay water which he accepted. After spilling the water on himself and his seat, he went to the aft galley and confronted the flight attendants. He stayed in the galley for a long period of time and refused to go back to his seat, even though the "seat belt" sign was illuminated. He sat in the jump seat in the galley and demanded more alcohol. I2. At some point while he was in the galley, McKay went into the lavatory. When he left the.lavatory and returned to the galley, FA-I said he smelled cigarette smoke. As FA-I went aft he said the smell got stronger and he asked McKay ifhe had been smoking in the lavatory. FA-I advised McKay it is a crime to smoke in aircraft lavatories. McKay responded, "that's not good," but would not confirm or deny ifhe had smoked in the lavatory. FA-I advised that McKay was the only person to exit the lavatory at the time FA-I smelled the cigarette smoke. I3. FA -I again directed McKay to return to his seat. McKay again refused saying he would not sit on a wet seat. McKay continued to refuse to return to his seat, even after FA-I provided a dry seat cushion. McKay eventually went back to his seat and fell asleep. PAGE 4-

6 Case 3:14-mj Document 1 Filed 03/11/14 Page 6 of 9 Page ID#: 6 I4. FA-I advised that McKay was never physical, but kept getting more verbally aggressive, calling the flight attendants names and swearing at them. FA -I said that McKay kept calling them "motherfuckers," "fuckers," "morons," and "idiots." FA-I said that McKay was escalating and was starting to get in the faces of the flight attendants and yell, which is why they alerted the flight crew. I5. FA-I felt intimidated by McKay and described McKay was much more than a distraction. McKay's actions caused the flight attendants to alter their usual duties. He said they had to basically "baby-sit" McKay as he was in the aft galley for a long period of time. He feared McKay would become physically violent as McKay escalated in his yelling rants. I6. A police officer (P0-4 talked to a flight attendant (FA-2 who advised that McKay interfered with his ability to perform his duties on the flight. According to P0-4' s report, when asked to elaborate, FA-2 advised as follows: "We could not get him to leave the galley. He refused to leave the flight attendant jump seat. We debated landing in Salt Lake. We had to deal with him in the galley for a full hour, he demanded alcohol and called us 'big fucking jerks, jerk offs, morons' because we would not serve him. He kept verbally escalating and I was afraid he was going to hit us. Once we did get him back to his seat, he purposely spilled water on his seat giving him a reason not to sit down and return to the galley. He said he was going to sit in the galley until we served him alcohol. He smoked in the lavatory; I could smell the cigarette smoke from outside the door. I could not perform my duties because I couldn't leave him alone in the galley." I7. P0-4 talked with another flight attendant (FA-3 who advised that after the plane took off, McKay requested four Jack Daniels. F A-3 told McKay she could only serve him two Jack PAGE 5-

7 Case 3:14-mj Document 1 Filed 03/11/14 Page 7 of 9 Page ID#: 7 Daniels at a time. McKay had a total of 4 Jack Daniels. F A-3 said: "As I served him he grabbed my hand and said, 'I would like to keep you all night."' F A-3 brushed him off and continued serving others. The next time F A-3 served him, McKay grabbed her hand again and said: "I love you. Let me prove it to you. I'll make this guy next to me move. Sit next to me and I'll show you". 18. A passenger seated in 38D (PA-l advised as follows when asked to describe what had taken place with regard to McKay: "He was asking for alcohol. He refused to return to his seat. He said, 'no, I will not sit down until you give me alcohol.' He was staying there and shouting loudly, 'idiots, morons'. He said 'fuck' a lot and got upset after he spilled water on his seat. He was upset, standing up and shouting for about 20 minutes." 19. I interviewed McKay in the early morning hours of March 11, 2014, after advising him of his rights. McKay advised as follows: McKay's air travel for his journey to Portland, Oregon, commenced in Pittsburg, Pennsylvania, on March 10, He traveled from Pittsburg to Portland via Chicago O'Hare International Airport. 20. McKay said he had consumed one beer in Pittsburg, one beer at Chicago O;Hare, and two of the small bottles of Jack Daniels typically served on airplanes. McKay said this was the only alcohol he had consumed on March 10, I asked McKay why he had refused to leave the galley when directed to return to his seat by the flight attendants. McKay stated that one of the flight attendants had spilled two glasses of water on him and he was in the galley because he needed a large quantity of napkins to dry himself. 22. McKay denied having argued with flight attendants in the galley for an hour. McKay said PAGE 6-

8 Case 3:14-mj Document 1 Filed 03/11/14 Page 8 of 9 Page ID#: 8 ~ i ' t l I [ I I I lj the argument had lasted for a maximum duration of twenty minutes. McKay said he eventually said "fuck it," went to his seat, and fell asleep for the remainder of the flight. 23. Based on the foregoing, I am of the opinion that there is probable cause to believe that on March, 10,2014, Jared McKay, who was traveling as a passenger on United Airlines flight 1108, an aircraft in the special aircraft jurisdiction of the United States, intimidated flight crew and interfered with the performance of the flight crew's duties, in violation of Title 49, United States Code, Section The facts of this case were briefed to Assistant United States Attorney (AUSA Helen Cooper on the morning ofmarch 11, AUSA Cooper concurred with SA Hamblet's assessment and advising she too was ofthe opinion that probable cause exists to believe Jared McKay did interfere with the flight crew of United Flight AUSA Cooper advised that prosecution of this matter will be sought in the District of Oregon. f~! PAGE 7- i

9 Case 3:14-mj Document 1 Filed 03/11/14 Page 9 of 9 Page ID#: 9 Special Agent Federal Bureau of Investigation Sworn to before me and subscribed in my presence this II; day ~h, 2014 (~~j(/j - JOHN. COSTA UNITEgSTATES MAGISTRATE JUDGE PAGE 8-