AO 91 (Rev.

02109) Criminal Complaint

UNITED STATES DISTRICT COURT

for the District of Colorado

United States of America v.

TOMISLAV ZELENOVIC

) ) ) ) )

Case No. / tJ - !f.1._·9 - {} (I r 3 - ~8~

mfH-

Defendant

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 of 11/22/2010

Colorado. elsewhere. and on In

aircrll1l in the special aircraft h d fi· d . I d

turi.dictlon altha Unillld Slates ,t e e en ant VIO ate

, an offense described as follows:

in the county of 49

in the

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Denver

District of

------

u. S. C. § 46506(1) and 18 U.S.C. § 113(21)(4)

Assault by striking, beating, and wounding Brian Robert Dougal.

This criminal complaint is based on these facts:

The facts to support the criminal complaint are set forth in the affidavit of FBI Special Agent Joel Nishida, which is attached hereto and incorporated herein

rf Continued on the attached sheet.

Joel Nishida, Special Agent, Federal Bureau of Investigation Printed name and title

Sworn to before me and signed in my presence.

Date:

City and state:

Printed name and title

AFFIDAVIT IN SUPPORT OF ARREST WARRANT

Your affiant is Special Agent Joel E. Nishida of the Federal Bureau of Investigation (FBI). Your affiant has been employed as a Special Agent of the FBI since 1988. Your affiant has been assigned to the Denver International Airport (DIA) since 2001. As part of his assignment at the DIA, your affiant investigates violations of Federal criminal law to include the investigation of crimes that occurred within the Special Aircraft Jurisdiction of the United States.

Based on the following interviews and review of written statements, your affiant believes there is probable cause that Tomislav Zelenovic, also known as Tom Zelenovic, age 38, resident of Santa Monica, California, violated Title 49 United States Code Section 46506 and Title 18 United States Code Section 113(a) (4) by assaulting passenger Brian Robert Dougal while onboard American Airlines flight 3029. Your affiant's beliefs are based on the following investigation:

During the evening of November 22,2010, the Transportation Security Administration at the DIA contacted your affiant to report that a disturbance was reported by the crew onboard Delta Airlines flight 3029. The flight was scheduled to arrive at gate A49 at the DIA.

Your affiant contacted the Denver Police Department at the DIA and asked that responding officers for flight 3029 contact him to provide additional details. Responding officers determined that flight 3029 was actually an American Airlines flight. Their initial investigation determined that passenger identified as Tomislav Zelenovic assaulted passenger Brian Robert Dougal while onboard the flight.

1

Your affiant responded to the DIA and conducted the following interviews:

Paul Barry McDonald was the Captain onboard American Airlines flight 3029.

According to Captain McDonald, flight 3029 was scheduled to fly from Los Angeles, California, to Denver. Flight 3029 was an Embraer 140 aircraft bearing United States Aircraft Registration Number N848AE. Flight 3029 had a crew of three and 31 passengers. Around the middle of the flight to Denver, the flight attendant contacted Captain McDonald to report that a passenger hit another passenger in the ear knocking the passenger's glasses off. The victim passenger asked that the police meet the flight upon its arrival.

Margarita Helen Salinas was the flight attendant onboard flight 3029.

According to flight attendant Salinas, about 20 minutes into the flight, the passenger seated in seat 9C, identified as Brian Dougal, summoned her to his seat. Dougal reported that the passenger seated directly behind him in seat 10C, identified as Tomis Zelenovic, hit him and knocked his glasses off. Flight attendant Salinas asked Zelenovic if he hit Dougal. Zelenovic only admitted that he pushed Dougal's chair up. Flight attendant Salinas noticed that Dougal's right ear was red. She told Zelenovic there was no need for violence and had him move to another seat onboard the flight. Flight attendant Salinas reported the incident to the flight's Captain and also requested that law enforcement meet the flight upon its arrival at the DIA. Flight attendant Salinas identified Zelenovic as the passenger escorted off the aircraft by officers of the Denver Police Department.

Brian Robert Dougal was a passenger onboard flight 3029. He sat in seat 9C onboard the flight. About 10 to 15 minutes into the flight, Dougal reclined his seat

2

to sleep. As he reclined his seat, he felt someone bump his seat from the back. Dougal heard the person seated behind him, identified as Tomislav Zelenovic, say, "Are you serious?" Dougal was not sure whether Zelenovic was talking to him. Dougal began to recline his seat again when Zelenovic said, "Are you serious. My knees are up against the seat." Dougal turned around and told Zelenovic that his knees were also against the seat in front of him. Dougal suggested that Zelenovic also recline his seat, move to the empty seat (seat lOB) next to him, or put his legs to the side. Dougal told Zelenovic that he paid for his seat and was going to recline it. Zelenovic then shook the back of Dougal's seat two to three times then grabbed Dougal's right ear and pulled it back and down. The force was enough to knock Dougal's glasses off his face. Dougal summoned the flight attendant to report that he was assaulted. The flight attendant reseated Zelenovic. Dougal's right ear rang for most of the flight. He did not give permission for Zelenovic to grab his ear. Dougal wanted to press assault charges against Zelenovic. Dougal noted that the other two seats in Zelenovic's row were empty during the flight and that Zelenovic could have moved to avoid his reclined seat. Dougal identified Zelenovic as the passenger escorted off the aircraft by officers of the Denver Police Department.

Ronald Glynn Alford was a passenger onboard flight 3029. During the flight, he sat in seat 9B next to Dougal who was seated in seat 9C. About half an hour into the flight, Dougal reclined his seat. The passenger seated behind Dougal in seat lDC complained that he did not have any room. Dougal suggested that the passenger recline his seat too. The passenger in seat lDC pushed on the back of Dougal's seat and used obscenities. Alford then saw Dougal catch his glasses as they fell off his

3

face. Dougal claimed he was assaulted and summoned the flight attendant. Alford did not believe that Dougal did anything to warrant being assaulted. Alford identified the passenger seated in seat 10C as the passenger escorted off the aircraft by officers of the Denver Police Department.

Jon Michael Knapp was a passenger onboard flight 3029. During the flight, he sat in seat llC. About half an hour to one hour into the flight, Knapp saw passenger seated directly in front of him in seat 10C raise his right hand to whack the top right side of the head of the passenger seated in seat 9C. The passenger seated in seat 9C then called for security. Knapp identified the passenger seated in seat 10C as the same passenger escorted off the flight by officers of the Denver Police Department.

Officer Rick Stevens was one of the Denver Police Officers who responded to the arrival of flight 3029. Passenger Dougal told Officer Stevens that when he put his seat back, Zelenovic, who was seated behind him, struck him. Officer Stevens noticed that Dougal's right ear was red in color and that his glasses were askew.

Your affiant boarded flight 3029 as it sat empty at gate A49 at the DIA. Your affiant reclined seat 9C and measured that it reclined no more than three and a half inches back.

Given above, your affiant believes that Tomislav Zelenovic, also knownas Tom Zelenovic, assaulted Brian Robert Dougal within the Special Aircraft

4

Jurisdiction of the United States in violation of Title 49 United States Code Section

46506 and Title 18 United States Code Section 113(a)(4).

Affirmed under penalty of perjury on J. 3. day of November, 2010.

~ie~

Joel ~shida

Special Agent, FBI

United States Magistrate J District of Colorado

5

(Rev. 04/07)

DEFENDANT:

TOMISLA V ZELENOVIC

YOB:

1972

ADDRESS (CITY/STATE): In custody

. COMPLAINT FILED?

__ YES

---,X~_NO

IF YES, PROVIDE MAGISTRATE CASE NUMBER: _

IF NO, PROCEED TO "OFFENSE" SECTION

HAS DEFENDANT BEEN ARRESTED ON COMPLAINT? __ YES

--,X:,.:. __ NO

IF NO, A NEW WARRANT IS REQUIRED

OFFENSE: COUNT ONE: Assault, 49 U.S.C. § 46506(1) and 18 U.S.C. § 113(a)(4).

LOCATION OF OFFENSE (COUNTY/STATE): Denver County, Colorado

PENALTY: COUNT ONE: NMT 6 months imprisonment, NMT $5,000 fine, $10.00 assessment.

AGENT:

Special Agent Joel Nishida Federal Bureau ofInvestigation

AUTHORIZED BY: James R. Allison Assistant U.S. Attorney

ESTIMATED TIME OF TRIAL:

X five days or less __ over five days other

THE GOVERNMENT

will seek detention in this case

X will not seek detention in this case

The statutory presumption of detention is or is not applicable to this defendant. (Circle one)

OCDETF CASE:

Yes

X

No

AD 442 (Rev. 01/09) Arrest Warrant

UNITED STATES DISTRICT COURT

for the District of Colorado

United States of America v.

TOMISLAV ZELENOVIC

) ) ) ) )

Case No. / ~ .. m J - tI ) I q 3 - (7 {3 5'

Defendant

ARREST WARRANT

To: Any authorized law enforcement officer

YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay

(name of person to be arrested) TOMISLAV ZELENOVIC

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who is accused of an offense or violation based on the following document filed with the court:

o Indictment

o Superseding Indictment

o Information

o Superseding Information " Complaint

o Probation Violation Petition

o Supervised Release Violation Petition

o Violation Notice 0 Order of the Court

This offense is briefly described as follows:

49 U.S.C. § 46506(1) and 18 U.S.C. § 113(a)(4): Assault by striking, beating, or wounding on an aircraft in the special aircraft jurisdiction of the United States

City and state:

Michael E. Hegarty United States Magistrate Judge -----------I.DlGe~n_¥l',.~· r, Colorad 1,1--------------------

Date: II {2 31 10

Printed name and title

This warrant was received on (date) at (city and state)

________ , and the person was arrested on (date)

Return

Date:

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Arresting officer's signature

Printed name and title