USA vs. Joe Rickey Hundley, by US District Court for N. Georgia
Case 1:13-mj-00188-AJB Document 1 Filed 02/12/13 Page 1 of 4A O 91 (Rev. 5/85) Criminal Complaint E in CHAiBER D United States District Court ORIGINAL N O R T H E R N DISTRICT OF G E O R G I AUNITED STATES OF A M E R I C A V. CRIMINAL COMPLAINTJOE RICICEY H U N D L E Y C A S E N U M B E R : 1:13-MJ-1883216 W E S T M A G I S T R A T E P L A C EH A Y D E N , IDAHO 83835 (Name and Address o f Defendant)I, the undersigned complainant being duly swom state the following is true and correct to the best of my knowledge and belief Onor about Februarv 8, 2013. within the special aircraft jurisdiction and the special maritime and territorial jurisdiction of the UnitedStates, defendant, JOE RIClCEY H U N D L E Y , didassault an individual who has not attained the age of 16 years,in violation of Title JJ. United States Code, Section 113(5) and Title 49 United States Code, Section 46506.I further state that I am a(n) Special Agent of the Federal Bureau of Investigation and that this complaint is based on the followingfacts:Please see Attachment AContinued on the attached sheet and made a part hereof ( X ) Yes ( ) No Signature of Complainant DARON CHENEYBased upon this complaint, this Court fmds that there is probable cause to believe that an offense has been committed and thatthe defendant has committed it. Swom to before me, and subscribed in my presence Februarv 12. 2013 at Atlanta. Georgia Date City and State A L A N J. B A V E R M A N United States Magistrate Judge Name and Title of Judicial Officer A U S A Suzette A . Smikle/404-581-6067
Case 1:13-mj-00188-AJB Document 1 Filed 02/12/13 Page 2 of 4 ATTACHMENT AI, D A R O N CHENEY, being duly swom, depose and state the following: 1. I am a Special Agent of the Federal Bureau of Investigation (FBI) and have been so employed for approximately 22 years. I am currently assigned to the Atlanta, Georgia office at Atlanta Hartsfield Jackson Intemational Airport and investigate crimes aboard aircraft. 2. This affidavit is submitted in support of a complaint for JOE R I C K E Y H A N D L E Y for the offense of Simple Assault of a Delta Airlines passenger while on board a Delta Airlines aircraft, Flight number 721, en route from Minneapolis, Minnesota (MSP) to Atlanta Hartsfield Jackson Intemational Airport in the Northern District of Georgia, all in violation of 18 U.S.C. § 113 (a)(5) which provides in pertinent part Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows: (5) Simple assault, by a fme under this title or imprisonment for not more than six months, or both, or i f the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both. 3. On Friday, February 8, 2013, Delta flight number 721 traveled from Minneapolis, Mirmesota to Atlanta Hartsfield Jackson Intemational Airport, and pursuant to 49 U.S.C. § 46506 was within the "special aircraft
Case 1:13-mj-00188-AJB Document 1 Filed 02/12/13 Page 3 of 4 jurisdiction of thie United States" which makes it a crime for anyone who commits an act " i f committed in the special maritime and territorial jurisdiction of the United States (as defmed in Section 7 of title 18) would violate section 113, 114, 661, 662, l l l l , 1112, 1113, or 2111 or chapter 109 A of title 18 [of the United States Code].4. Venue is proper because 18 U.S.C. Section 3237 (a) provides in pertinent part Any offense involving the use of. . . transportation in interstate or foreign commerce . . . is a continuing offense and , except as otherwise expressly provided by enactment of Congress, may be inquired of an prosecuted in any district from, through, or into which such commerce . . .moves.5. Jessica Bennett, who resides in Minnesota and is 33 years old, advised the FBI that on Friday, February 8, 2013, she and her two year old son, [JS], were passengers on Delta flight number 721, which traveled from Minneapolis, Minnesota (MSP) to Atlanta Hartsfield Jackson Intemational Airport. Ms. Bennett stated that during the flight in question, she and [JS] were seated in row 28, seat B. The aircraft was in fmal descent into Atlanta, Georgia, when JS started to cry due to the altitude change. Ms. Bennett stated that she was trying to get [JS] to stop crying, but he continued.
Case 1:13-mj-00188-AJB Document 1 Filed 02/12/13 Page 4 of 46. According to Ms. Bennett, a male passenger seated next to her in row 28, seat A , later identified as JOE R I C K E Y H A N D L E Y , told her to shut that [N word] baby up. Ms. Bennett stated that JOE R I C K E Y H A N D L E Y then tumed around and slapped [JS] in the face with an open hand, which caused the juvenile victim to scream even louder. Ms. Bennett indicated that JOE R I C K E Y H A N D L E Y s actions caused a scratch below [JSs] right eye.7. After JOE R I C K E Y H A N D L E Y struck [JS], Ms. Bennett received assistance from several people on the plane, including male passenger Todd Wooten. Mr. Wooten was seated in row 16, seat C, and heard derogatory language coming from the rear of the aircraft. Mr. Wooten stated that he left his seat and went to the rear of the aircraft to investigate the dismption. According to Mr. Wooten, he saw JOE R I C K E Y H A N D L E Y strike [JS].8. Based on the foregoing facts, your affiant submits that probable cause exists to believe that JOE R I C K E Y H A N D L E Y , while in the special aircraft jurisdiction of the United States, did assault a person who has not attained the age of 16 years, in violation of 18 U.S.C. §113(5) and 49 U.S.C. § 46506.