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Evan Castle Complaint

Evan Castle Complaint

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Published by: Michael_Lee_Roberts on Apr 09, 2013
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07/10/2013

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U
NITED
S
 TATES
D
ISTRICT
C
OURT
for theDistrict of ColoradoUnited States of Americav.EVAN NATHANIEL CASTLE
Defendant(s)
))))))Case No.
CRIMINAL COMPLAINT
 
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of myknowledge and belief:
On or about April 5, 2013, in the State and District of Colorado elsewhere, and on Spirit Airlines Flight562, which was then and there an aircraft in the special aircraft jurisdiction of the United States, EVANNATHANIEL CASTLE, the defendant herein, committed an act, if committed in the special maritime andterritorial jurisdiction of the United States, as defined in 18 U.S.C. § 7, would violate Title 18, United StatesCode, Section 2244(b), which is a part of Chapter 109A of Title 18, to wit: EVAN NATHANIEL CASTLE,knowingly and intentionally engaged in sexual contact with another person, whose initials are “L.R.”, without“L.R.s” permission. The foregoing was in violation of Title 49, United States Code, Section 46506 and Title 18, UnitedStates Code, Sections 2244(b).I further state that I am a Special Agent with the Federal Bureau of Investigation and that this complaintis based on the following facts:See Affidavit attached hereto and herein incorporated by reference, which is continued on the attached sheetand made a part hereof.
s/Martin H. Daniell
Com
 
plainant’s signature
Martin H. Daniell, Special Agent, FBI
Printe
 
d name and title
Sworn to before me and: signed in my presence.submitted, attested to, and acknowledged by reliable electronic means.Date:
 Judge’s signature
City and state:
Printed name and title
Case 1:13-mj-01056-MEH Document 1 Filed 04/08/13 USDC Colorado Page 1 of 3
4/8/2013Denver, ColoradoMichael E. Hegarty, U.S. Magistrate Judge
13-mj-01056-MEH
 
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: “Youre fucking beautiful”, “Yourefucking 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
 
6. At the time of the events related above, Spirit Airlines Flight 562 was an “aircraft inflight” and within the special aircraft jurisdiction of the United States.7. After being advised of his rights and waiving these rights, Castle stated the following:Flight 562 was his first time flying. He is a married man and has children. He didn’t have anyalcoholic drinks prior to flying and he didnt take any drugs. He didnt make a pass at either of the stewardesses. He was served four shooters of Tanqueray on the plane. He was trying to getdrunk on the flight, but he didn’t get drunk. He wasn’t being a nuisance. There were two femaleflight attendants on the plane. The more attractive one was a brunette with long hair down herback (description of L.R.). He only spoke to her one time and he never touched her. The otherflight attendant had blond “tracks” in her hair (description of C.E.) and was beautiful. She nevercame and talked to him about his behavior, although when he woke up he felt like there had beena dispute on the flight and the blond flight attendant had an “attitude towards him.He said shedoesn’t like her job.Based upon the above information, probable cause exists to believe Evan NathanielCastle has violated, Title 49, U.S.C. Sections 46506(1), as codified by Title 18, U.S.C. Section2244(b), Abusive Sexual Contact.I declare under penalty of perjury that the foregoing information is true to the best of myknowledge.
s/Martin H. Daniell, III
Special Agent Martin H. Daniell, IIIFederal Bureau of InvestigationSworn to before me this ____ day of April, 2013. ________________________________________ UNITED STATES MAGISTRATE JUDGE
Affidavit reviewed and submitted by James R. Allison, Assistant United States Attorney.
 
Case 1:13-mj-01056-MEH Document 1 Filed 04/08/13 USDC Colorado Page 3 of 3
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