Case: 1:20-cr-00388-DCN Doc #: 1-1 Filed: 06/11/20 1 of 11.

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IN THE UNITED STATES DISTRICT COURT FOR THE
2 NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
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I, William L. Hasty, Special Agent of the Federal Bureau of Investigation, United States
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7 Department of Justice, hereinafter referred to as Affiant, being duly sworn under oath, hereby
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deposes and states as follows:
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INTRODUCTION

12 1. Affiant is an investigative or law enforcement officer of the United States within

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the meaning of 18 U.S.C. § 2510(7) and Federal Rule of Criminal Procedure 41(a)(2)(C), as a
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Special Agent (SA) of the Federal Bureau of Investigation (FBI). Affiant is empowered to
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conduct investigations of and to make arrests for offenses enumerated in 18 U.S.C. § 2516.

17 2. Affiant has been employed by the FBI since October 2010. Prior to becoming a
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Special Agent with the FBI, Affiant was employed as a Trooper in the Illinois State Police and as
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a Sergeant in the United States Marine Corps. Affiant attended the FBI Academy in Quantico
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21 Virginia from October 2010 until March 2011 as a Special Agent with the FBI and has been

22 assigned to the investigation of violent crime matters in the Cleveland Division since December
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2017. Affiant has been charged with the investigation of federal crimes involving computer
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intrusion, bank robberies, drugs, and other general criminal offenses in the Northern District of
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26 Ohio. At all times during the investigation described in this Affidavit, Affiant has acted in an

27 official capacity as a Special Agent of the FBI.

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3. Between Affiant’s work experience and training, Affiant has either taken part in,
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2 assisted in, or received extensive training in all of the usual methods of investigation, including,
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but not limited to, physical surveillance, analysis of evidence, the execution of search warrants
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resulting in the seizure of drugs, and the monitoring of court ordered Title III wiretaps.
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4. As will be shown below, there is probable cause to believe that on May 30th,
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7 2020, Tandre Buchanan, Jr. committed Interference with Interstate Commerce by Robbery of
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Colossal Cupcakes, in violation of 86&RGH†ௗ. This affidavit is offered in support of
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an arrest warrant for Tandre Buchanan Jr. of 732 E. 165th Street, Cleveland, Ohio.
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5. The statements contained in this affidavit are based in part on information

12 developed by other Special Agents of the FBI and Detectives of the Cleveland Police
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Departments (CPD) who have participated in the investigation. Unless otherwise noted,
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whenever in this affidavit your Affiant asserts that a statement was made, the information was
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provided by another law enforcement officer or an investigator (who may have had either direct

17 or hearsay knowledge of the statement) to whom your Affiant has spoken or whose report your
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Affiant has read and reviewed. Likewise, any information pertaining to vehicles and
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registrations, personal data on subjects, and records checks, has been obtained through the Law
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21 Enforcement Automated Data System (LEADS), various state driver’s license motor vehicle

22 records, online database searches or the National Crime Information Center (NCIC) computers,
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various open source databases such as CLEAR and LexisNexis, and public social media websites
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such as Facebook and Twitter.
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FACTS AND CIRCUMSTANCES REGARDING PROBABLE CAUSE

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2 6. Your Affiant states that on May 30, 2020, there was a protest march planned in
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Cleveland, Ohio, in the Northern District of Ohio, starting at Willard Park, on the northwest
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corner of Lakeside Avenue and East 9th Street, and ending at the Justice Center, located on
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Lakeside Avenue between Ontario Avenue and West 3rd Street. The march began at
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7 approximately 2 p.m. and was scheduled to end at 5 p.m.

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7. Your Affiant is aware that this march was widely billed on social media and other
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outlets as a peaceful protest. Based on Affiant’s observations that day, and the observations
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shared by others, many individuals assembled peacefully, with some even actively encouraging

12 others to do them same.

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8. At approximately 3:30 p.m., certain individuals in front of the Justice Center
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began throwing rocks, bottles, and other items at law enforcement officers. Certain individuals
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also used spray paint to vandalize buildings, streets, and other structures throughout downtown

17 Cleveland.
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9. Investigators scoured social media for photos or videos of violent activity.
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Investigators spoke with multiple photographers, who had been at the protest. These
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21 photographers voluntarily supplied the FBI with images and videos shot with their equipment

22 which showed instances of violent or destructive conduct.

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10. Among the photos and videos taken were a video showing an adult black male,
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wearing orange sneakers, black pants, black “Army” t-shirt with yellow “ARMY” emblazoned
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26 on the front, an orange hooded sweatshirt with the word “UNMASTRD” emblazoned on the

27 front with black letters on white matting, and an orange head covering. In a video, this male is
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seen exiting the frame of a broken plate glass window of the Colossal Cupcakes store DQGLVWKHQ
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 Case: 1:20-cr-00388-DCN Doc #: 1-1 Filed: 06/11/20 4 of 11. PageID #: 5

VHHQZLWKDturquoise stoolEHORQJLQJWRWKHVWRUH. The person then uses that stool to repeatedly

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2 smash in the plate glass window. (Ex. A). After the second window was broken out, the male
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threw the stool away and is seen heading eastbound on Euclid Avenue.
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11. A press release was issued on June 10th, 2020, requesting the assistance of the
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public in identifying those responsible for the violent theft and looting which occurred on May
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7 30th, 2020, at among others, the Colossal Cupcakes location described above. Multiple calls
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were received by investigators identifying Tandre Buchanan Jr. as the gentleman described
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above. Investigators conducted open source social media checks and found a photo on an
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Instagram account named “herbs_n_tee” which, prior to being taken private, showed Tandre

12 Buchanan Jr. wearing an orange hooded sweatshirt with lettering appearing to match that of the
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one seen on photographs taken on May 30th, 2020, during the violent theft and looting which
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occurred at the Colossal Cupcake location.
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12. During an interview with the owner of the Colossal Cupcakes, K. K., she stated

17 that she was in fear for her life as an unknown number of people broke into her store, with her
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and her four employees inside. K. K. had cinder blocks thrown past her head and fled into the
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bathroom, where she locked herself inside with her employees after being aggressively accosted
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21 by one of the unknown subjects.

22 13. According to K. K., Colossal Cupcakes engages in interstate commerce in that the
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business sells its products to persons and entities both inside and outside the State of Ohio.
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14. During an interview with one of K. K.’s employees, C. C. stated he was inside the
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26 Colossal Cupcakes when he observed a black male with an orange head covering and orange

27 sweatshirt inside the store. C. C. stated he had locked the entrance door to the store so anyone
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else inside must have entered through one of the broken windows. While being escorted out of
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the store after being rescued by the Cleveland Police Department, C. C. took note that the five
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2 “point of sale” tablets used for online orders were missing. C. C. noted this because he charged
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his phone in the same place as they charged the tablets. While the tablets had all been taken, C.
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C. ’s phone was hidden and still there.
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15. Photographs reviewed by your affiant show the subject wearing orange Nike
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7 running sneakers, black athletic style pants with vertical green stripes, black “Army” t-shirt with
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yellow “ARMY” emblazoned on the front, an orange hooded sweatshirt with the word
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“UNMASTRD” emblazoned on the front with black letters on white matting, an orange head
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covering, and carrying a deer trophy. (Exhbit B).

12 16. Your affiant believes that a comparison of the photos/videos supplied to the FBI
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and those of Tandre Buchanan Jr.’s driver’s license photograph history (Ex. C) and Instagram
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photographs (Ex. D) confirm Buchanan Jr. is the one seen exiting the Colossal Cupcakes and
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violently breaking another window of the store ZLWKDWXUTXRLVHVWRROEHORQJLQJWRWKHVWRUH

17 allowing others to enter and commit theft offenses.

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20 CONCLUSION
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17. Based on the foregoing facts, Affiant has probable cause to believe that on or
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about May 30th, 2020, Tandre Buchanan Jr. committed physical violence to the business
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 Case: 1:20-cr-00388-DCN Doc #: 1-1 Filed: 06/11/20 6 of 11. PageID #: 7

“Colossal Cupcakes”, 528 Euclid Avenue, Cleveland, OH in furtherance of a plan in

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2 violation of 86&RGH†ௗ,QWHUIHUHQFHZLWKFRPPHUFHE\WKUHDWVRUYLROHQFH
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6 ________________________________
7 William L. Hasty, Special Agent
Federal Bureau of Investigation
8 Cleveland, Ohio
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Sworn to via telephone after submission by reliable electronic means, Fed. R. Crim. P.
12 41 and 41(d)(3), on this 11th day of June, 2020.

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Honorable Jonathan D. Greenberg
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United States Magistrate Judge
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Case: 1:20-cr-00388-DCN Doc #: 1-1 Filed: 06/11/20 7 of 11. PageID #: 8

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