Case 1:13-mj-01094-CBS Document 1 Filed 06/17/13 USDC Colorado Page 1 of 1

for the District of Colorado United States of America v. ) ) ) ) ) )

Case No. 13-mj-01094-CBS


I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief:

On or about June 14, 2013, in the State and District of Colorado elsewhere, and on Frontier Airlines Flight 601, which was then and there an aircraft in the special aircraft jurisdiction of the United States, MARK MICHAEL BOTE, the defendant herein, knowing the information to be false, willfully and maliciously, gave, under the circumstances in which the information reasonably may be believed, false information to do an act that would violate 49 U.S.C. § 46505(b)(3), to wit: the defendant stated that he had on or about his person an explosive or incendiary device. The foregoing was in violation of Title 49, United States Code, Section 46507(1).

I further state that I am a Special Agent with the Federal Bureau of Investigation and that this complaint is based on the following facts: See Affidavit attached hereto and herein incorporated by reference, which is continued on the attached sheet and made a part hereof.

s/Martin H. Daniell,III
Complainant’s signature

Martin H. Daniell, III, Special Agent, FBI
Printed name and title

Sworn to before me and:


signed in my presence. submitted, attested to, and acknowledged wled dge ged by by r reliable e iabl el ia ab bl le electronic means.
Judge’s ’ signature ƌĂŝŐ͘ ^ŚĂ ƌĂŝŐ͘^ŚĂĨĨĞƌ ŚĂĨĨĞƌ ŚĂĨ Ğƌ U it dSt t M i t t J d  United States Magistrate Judge Printed name and title

February 31, 2012 am, Jun 17, 2013 Date: 10:34

City and state: Denver,Colorado

Case 1:13-mj-01094-CBS Document 1-1 Filed 06/17/13 USDC Colorado Page 1 of 2

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 the following 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 has been so for over fourteen years. Your affiant is currently assigned as the FBI Airport Liaison Agent at Denver International Airport (DEN) and investigates violations of federal law that occur at the airport, as well as crimes that occur in the Special Aircraft Jurisdiction of the United States. 2. On June 14, 2013, at 7:20pm, your affiant was advised by the FBI’s Counterterrorism Watch of a disturbance that had occurred in flight onboard Frontier Airlines Flight 601 en route from McGhee Tyson Airport in Knoxville, Tennessee, to DEN. Your affiant responded to DEN and, through information provided to your affiant from FBI Agents and Task Force Officers who conducted interviews of the passengers and flight crew on Flight 601, as well as his own interview of passenger Mark Michael Bote, your affiant discovered the following: 3. Passenger K.N., who was in Seat 23E, said the passenger in Seat 23C (identified as Mark Michael Bote) seemed nervous, was shaking, had his eyes closed, and was rocking back and forth before the aircraft departed Knoxville and Bote continued this behavior throughout his interactions with the flight crew. 4. Passenger J.C. was seated directly behind Bote after being moved from another seat on the aircraft. As soon as J.C. took his seat, he noticed Bote looked nervous and that Bote’s eyes were glazed over, as if something was not right with him. When Bote took his seat, Bote kept his backpack on his back, but a flight attendant told him to remove it so he took it off his back and put it under the seat in front of him, but he appeared to keep holding on to it. Late in the flight, a flight attendant asked Bote if he was okay and he heard Bote reply “bomb” and some other words he couldn’t make out. The same flight attendant asked Bote twice if he realized what he said to her and he replied, “Yes.” 5. Passenger A.C., who was seated next to Bote, saw Bote sit down with his backpack still strapped to his back. At the request of the flight attendant, Bote took his backpack off and placed it under the seat. Bote then slept for the majority of the flight. When A.C. passed an empty drinking glass to the flight attendant late in the flight, Bote woke up suddenly and, while clutching his backpack, said, “Help me. Help me. Help me.” The flight attendant asked Bote, “What’s the matter?” Bote responded with words to the effect of , “There’s a bomb. There’s a bomb.” Bote was shaking as he held the backpack. The flight attendant left and returned a few moments later. She asked Bote, “Sir, do you know what you just told me?” Bote replied “yes” and the flight attendant left again. Later, Bote’s bag was taken from him.

Case 1:13-mj-01094-CBS Document 1-1 Filed 06/17/13 USDC Colorado Page 2 of 2

6. Flight Attendant T.C. thought Bote’s behavior was odd and she discussed this with the other flight attendants. Toward the end of the flight, Bote said he had a bomb in his carry-on bag. He repeated this statement to T.C. several times. At the Captain’s orders, the flight attendants initiated bomb procedures which included moving passengers and bags. Bote tried to get up from his seat, but he was told to remain seated and he did so. 7. Passenger S.P. advised she was traveling with Bote, had been with him on his church mission trip in Tennessee, and she had known Bote and his family for two years. Bote gave his testimony while in Tennessee confirming he was born with a mental handicap. While in Tennessee, S.P. asked Bote’s mother if he was on the correct medication. His mother replied he has problems and gets disoriented if he doesn’t get enough sleep. S.P. never heard Bote threaten anyone with a bomb. Bote was in the hospital for depression a few weeks prior to the trip to Tennessee. 8. After being advised of his rights and waiving these rights, Bote stated the following: He was flying from Knoxville to Denver after helping build a church in Knoxville. Somebody on the plane was following and stalking him. He didn’t know who it was, but it was somebody from Goodwill. He used to volunteer at Goodwill. He was holding on to his backpack and he thought maybe somebody put a bomb in it because it felt heavier than it had previously. He didn’t see anybody put anything in his bag and he didn’t bring a bomb on the plane. He said in a normal voice, “Bomb, bomb, bomb” and then he said he was afraid. He didn’t want to scare people by saying “bomb”, he wanted to warn them. He didn’t know there was a bomb on the plane, but he was concerned there was. He graduated from high school in 2009 and is able to drive a car. His parents were in South Dakota for his younger brother’s baseball tournament so his aunt was going to pick him up at the airport. Based upon the above information, probable cause exists to believe Mark Michael Bote has violated Title 49, U.S.C. Section 46507, False information and threats. I declare under penalty of perjury that the foregoing information is true to the best of my knowledge. s/Martin H. Daniell, III Special Agent Martin H. Daniell, III Federal Bureau of Investigation June 17th day of ______ _______, 2013. Sworn to before befor o e me this ____

__________________________ __ _ _____ ___ ____ ____ _ ______________ United St St e Magistrate Judge States

Affidavit reviewed and submitted by James R. Allison, Assistant United States Attorney.

Case 1:13-mj-01094-CBS Document 1-2 Filed 06/17/13 USDC Colorado Page 1 of 1



ADDRESS (CITY/STATE): In custody OFFENSE: False information and threats, 49 U.S.C. 46507 Denver County, Colorado


NMT 5 years imprisonment, NMT $250,000 fine, or both; 3 years supervised release; $100 special assessment Special Agent Martin H. Daniell, III Federal Bureau of Investigation


AUTHORIZED BY: James R. Allison Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: X five days or less over five days other

THE GOVERNMENT X will seek detention in this case 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

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