AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I, Martin H. Daniell, III, Special Agent with the Federal Bureau of Investigation,Department of Justice, being duly sworn, deposes and states under penalty of perjury that thefollowing is true to the best of my information, knowledge, and belief.1. Your affiant is a Special Agent with the Federal Bureau of Investigation (FBI) and hasbeen so for over thirteen years. Your affiant is currently assigned as the FBI Airport LiaisonAgent at Denver International Airport (DEN) and investigates violations of federal law thatoccur at the airport, as well as crimes that occur in the Special Aircraft Jurisdiction of the UnitedStates.2. On April 5, 2013, at 10:56am, your affiant was advised by the DEN CommunicationsCenter of a disturbance that had occurred in flight onboard Spirit Airlines (NK) Flight 562 enroute from McCarran International Airport in Las Vegas, Nevada, to DEN. Your affiantresponded to DEN, Gate A-48, where he met NK Flight 562. Through interviews of the flightcrew, and an examination of statements written by one flight attendant and passengers on theflight, your affiant discovered the following:3. Passenger Evan Nathaniel Castle was seated in Seat 14D. During the flight, he wasserved several alcoholic drinks. Castle began loudly using profane language. Ultimately, hebegan screaming, “Fuck this, fuck that.” Castle was told to stop using vulgar language and toquiet down by 30 year old female flight attendant C.E. He refused, screaming, “I can saywhatever I want.” Additionally, he told Flight Attendant C.E., “You should give me yournumber” and “I should date you.”4. As she was walking down the aisle of the aircraft, Castle told 21 year old femaleFlight Attendant L.R., “You’re beautiful.” She said, “Thank you”, and walked away. Later inthe flight, Castle made the following statements to her: “You’re fucking beautiful”, “You’refucking sexy”, “I can show you a better time than work”, and “Blow off work and come withme.” She ignored these comments. As she passed Castle’s seat while making a finalwalkthrough of the aircraft cabin prior to landing, he deliberated grabbed the right cheek of herbuttocks and said, “Oh sexy.” She advised this made her feel “annoyed, pissed, violated, anddisgusted” and, for the first time ever as a flight attendant, made her not want to walk past aparticular passenger’s seat.5. Flight Attendant L.R. told Flight Attendant C.E. that Castle had “grabbed her butt.”C.E. could tell L.R. was embarrassed to tell her this and L.R.’s body language was “withdrawnand hurt.” C.E. told 40 year old male Flight Attendant P.R. that Castle had grabbed L.R.’s “buttin a very sexual way.” Flight Attendant P.R. also previously heard Castle say to L.R., “Heybaby, give me your number” and, after being told L.R. had been touched, P.R. saw L.R. crying.
Case 1:13-mj-01056-MEH Document 1 Filed 04/08/13 USDC Colorado Page 2 of 3