Case 3:19-mj-04077-CDB Document 1 Filed 03/18/19 Page 1 of 12

D{) ~ ' AO 91 (Rev, 02109) Criminal Compluinl

~ ,~✓ t~
... UNITED STATES DISTRICT COURT
for the
District of Arizona

United States of America ) Case No. I q_ Lf Orr (Vl,j

V. )
Marshall Pendergrass )
Defendant )
)
)

CRIMINAL COMPLAINT

I the undersigned complainant being duly sworn state the following is true and con-ect to the best of my

knowledge and belief.

See Attnchmcnt A.

I further slate that I am a Special Agent of the Federal Bureau oflnvestigation and that this complaint 1s

based on the followi ng facts:

See Attached Statement of Probable Cause Incorporated By Reference Herein

AUTHORIZED BY: AUSA Anthony W. Church__

~ - --

Continued on the attached sheet.

Special Agent Jenifer J. Mulhollen

Federal Bureau oflnvcsti gation
Printed 11a111e nnd title
__X
_ Sworn by Telephone

Date: 3/18/19
Judge '.f signature

City and state: _F_:l_ag.._s·_ta_f--t:_A_Z_ _ _ _ _ _ _ _ _ _ __ Camille D. Bibles US Magistrate Judge

Printed name and title
 Case 3:19-mj-04077-CDB Document 1 Filed 03/18/19 Page 2 of 12

ATTACHMENT A

COUNTl

On or about March 17, 2019, in the District of Arizona, the defendant, MARSHALL PENDERGRASS,
while willfully transpo1ting John Doe in interstate commerce, did unlawfully seize, confine, kidnap, abduct,
and/or carry away and hold for ransom or reward or otherwise John Doe.
In violation ofTit]e 18, United States Code, Section 1201(a).

COUNT2

On or about March 17, 2019, in the Distrkt of Arizona, the defendant, MARSHALL PENDERGRASS,
while willfully transporting Jane Doe in interstate commerce, did -unlawfully seize, confine, kidnap, abduct,
and/or carry away and hold for ransom or reward or otherwise Jane Doe.
In violation of Title 18, United States Code, Section 120l (a).

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STATEM.ENTOF PROBABLE CAUSE

I, Jeni for J. Mulhollen, being duly sworn, depose and state the following:

BACKGROUND AND EXPERIENCE OF AF.FIANT

1. I have been employed as a Special Agent (SA) of the Federal Bureau of Investigation (FBI) since

February 10, 2013. As a SA of the FBI, I am an investigative or law enforcement officer within the meaning of

Section 2510(7) of Title 18, United States Code (U.S.C.), that is, I am an officer of the United States who is

authorized by law to conduct investigations of, and make arrests for, offenses enumerated in Title 18.

2. I am cmTently assigned to the FBI Phoenix Field Office, Flagstaff Resident Agency. In the course of

my official duties, I am charged with the investigation of crimes within the District of Ar'izona. In this regard,

the following information was developed by me and/or provided to me by other law enforcement officers, and

other persons, in connection with the FBI investigation of the kidnapping of JANE DOE and JOHN DOE on or

between March 15 and March 17, 2019.

3. Based upon the focts and circumstances of this investigation, as set forth below, I believe there is

probabl.e cause to believe that PENDERGRASS committed a violation of federal law, specifically, Kidnapping

in violation ofl8 U.S.C. § 1201 (a).

INVESTIGATION SUMMARY

4. This case involves the kidnapping of JANE DOE, fourteen years of age, and JOHN DOE, twelve-

years of age, from Belton, Texas by PENDERGRASS. On March 17, 2019 at approximateJy 2:15 a.m. SA

Mulhollen was contacted by the FBI Phoenix Operations Center and was told to cal1 Detective Alicia Marquez

at the Winslow Police Depmtment in regard to a kidnapping. Detective Mafquez informed SA Mulhollen that

JANE DOE and JOHN DOE were reported as missing persons from Belton, Texas and were possibly with

PENDERGRASS who is from Jacksonville, Florida. PENDERGRASS had been a neighbor to JO:HN DOE

AND JANE'DOE when they resided in Florida. JOHN and JANE DOE subsequently moved to Texas with their

parents. Sergeant Bennett with the Belton Police Department .had pinged PENDERGRASS's phone.

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PENDERGRASS was determined to be in the area of the Flying J in Winslow, Arjzona. PENDERGRASS was

located with JANE DOE and JOHN DOE who were inside the cab of his semi-truck. Officer Sequi, with the

Winslow Police Department, transported JANE DOE and JOHN DOE to the Little Colorado Medical Center for

a medical evaluation. Officer Scqui obtained .information from JANE DOE and JOHN DOE who stated that

they had been bound with zip-ties and duct-tape. JANE DOE and JOHN DOE were taken into custody by child

protective services and PENDERGRASS was 'detained and transported to the Winslow Police Department for

questioning.

5. On March 17, 2019, JOHN DOE was forensically interviewed in Flagstaff, Arizona. JOHN DOE

stated that he wanted an iPhone since December and was in contact with a family friend from Florida (known to

your affiant as PENDERGRASS). PENDERGRASS's trailer from his truck had broken and he had indicated to

JOHN DOE that he was going to be in the area at the time of JANE DOE and JOHN DOE's spring break.

JOHN DO E thought he would get an iPhone because PENDI:•,RGRASS had previously spoiled the kids when he

had taken them to the store. PENDERGRASS had arrived 'in the Texas on Friday, around I :00 p.m. JOHN

DOE had to wait until his mother left the house around 1:45 p.m. to go see PENDERGRASS. They

cornmunicated 011 Instagram. JOHN DOE walked to the truck-stop lo meet PENDERGRASS. JOlJN DOE k11ew

they had to get the iPhones from PENDERGRASS and activate tl'lcm before their father got home. JOHN DOE

thought they were going to Metro PCS to activate the phones. JOHN DOE left his phone behind at his house

because PENDERGRASS said to make sure his phone was either dead or to not bring it. JOHN DOE left his

phone in his bedroom. JOHN DOE's sister was supposed to come and sign paperwork for the phone service.

PENDERGRASS called JOHN DOE's sister, JANE DOE, and told her to stay at her friend's house.

PENDERGRASS told JOHN DOE they were going to prank her. PENDERGRASS picked up JANE DOE at

her friend's house.

6. During the 1rip, JOHN DOE asked where they were going and also asked PENDER.GRASS to pull

over to see where they were going. They kept driving for a while and JOHN DOE and JANE DOE kept telling

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PENDERGRASS to take them home. PENDERGRASS told them his OPS was broken and not to pay attention

to it JOHN DOE thought PENDERGRASS didn't want them to know that they were going to Nevada. When

they woke up in the morning, PENDERGRASS told them that there was bad news and they weren't going home

but they were going with him to Nevada. JOHN DOE and JANE DOE told him to take them home or get them

an Uber, taxi, or to call the police. PENDERGRASS had zip-ties and PENDERGRASS put four (4) zip-ties on

JOHN DOE after making him put his hands behind his back. PENDERGRASS put the zip-ties on tight. JOHN

DOE told PENDERGRASS to take it off. PENDERGRASS also put duct tape on JOHN and JANE DOE's legs.

PENDERGRASS tied them up because he indicated that he did not need to get caught. JANE DOE was tied up

fi rst. When they were tied up, they were in the back of the truck where the beds were and the truck was parked

at a gas station. JOHN DOE asked PENDERGRASS if he still had a gun, because JOHN DOE had seen it

before. PENDERGRASS confirmed that he did still have the weapon. JOHN DOE noticed the gun near the zip

ties and noted that PENDERGRASS never touched the gun.

7. At the stop in New Mexico, PENDERGRASS cut some o:fthe zip-ties off: but PENDERGRASS did

not remove them until the next truck stop. When they were on the border between Texas and New Mexico,

where J>ENDERGRASS had to stop, JOHN DOE and JANE DOE were still tied up. JOIJN DOE and JANE
•
DOE were in the back of the truck and JOHN DOE kept crying. At some point, JANE DOE asked what would

happen if they were to scream and PENDERGRASS told her she would see what happens. They continued on to

another trnck stop and they kept tell ing PENDERGRASS to let them out. PENDERGRASS was backing up at

Love's truck stop and his tire popped and had to be fixed. They then went to another truck stop and were

supposed to go to a Little America but fostead they went to a Flying J truck stop. JOHN DOE kept crying

because he wanted to go home. After JOHN DOE fell 'asleep, he heard a knock on the truck and he realized il

was the police. The police asked PENDERGRASS if they could look in the truck and PENDERGRASS said

they could not because it wns the middle of the night

JOI-IN DOE was hiding in the top bunk, and thought that he should have gone down but did not

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because he was worried PENDERGRASS would do something. JANE DOE put her foot out. The officers yelled

that there was someone on the top bunk. JOHN DOE said that he knew PENDERGRASS prior because they

were neighbors when they lived in Florida. There was a rumor that PENDERGRASS raped JANE DOE. A

couple of years ago, PENDERGRASS bought JANE DOE a vapc and she got caught with it. PENDERGRASS

was banned from seeing JANE DOE. PENDER.GRASS said they \:Vere going to Nevada because he wanted to

get revenge for the time JANE DOE got caught with the vape. PENDERGRASS was accused.of being a child

molester. The police were not involved though. PENDERGRASS told JOHN DOE and JANE DOE that they

had snitched on him. JOHN DOE said PENDERGRASS indicated they would have messed up his life. When

asked how many times he asked to go home, JOHN DOE said it was like a thousand.

8. On March 17, 2019, JANE DOE was forensically interviewed in Flagstaff, Arizona. JANE DOE

stated that on March 15, 2019, at 2:00 p.m., they were supposed to meet up with PENDERGRASS to get a new

iPhone. PENDERGRASS said he had the phones but was lying. JANE DOE thought they were going to Metro

PCS to put thephone in service. JANE DOE's phone is currently at her house because PENDERGRASS told

JOIIN DOE that they should leave their phones. JANE DOE and JOHN DOE have trackers on their phones.

PENDERGRASS boughl JANE DOE's sister a phone a long time ago so she thought he had bought her one too.

JOHN DOE was communicating with PENDERGRASS about the phones. A few hours later, they were far

away from home \Vith PENDERGRASS. PENDERGRASS said he took a wrong turn. They pulled over and

PENDERGRASS typed in his GPS to go to Nevada but no one else knew that because they were not paying

attention. PENDERGRASS told them not to worry about the miles on the GPS because he said it was not right.

The next morning PENDERGRASS told them that he had some bad news and that they were not going home

until next Wednesday, because they were too far away from home. JANE DOE told him to let them out but

PENDERGRASS refused. JANE DO.E told him 10 call her an Uber to go home. JANE DOE was screaming to

go home. PENDERGRASS said JANE DOE had ruined his life because she had snitched on him and said that

he had raped her. PENDERGRASS said he was going to Nevada to drop off a trailer and then he would take

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them back. PENDERGRASS said it was for revenge because JANE DOE got him in trouble and now he would

get JANE DOE in trouble.

9. JANE DOE said they drove to New Mexico. PENDERGRASS tied them up with five (5) zip-ties.

PENDERGRASS told them if they yell, or try to get someone's attention, they will see what happens, JANE

DOE and JOHN DOE's hands were turning red. PENDERGRASS put duel tape on lheir legs. JANE DOE and

JOHN DOE never yelled. They just stayed quiet the whole tin1e. JANE DOE was tied up first. JANE DOE was

told to lurn around. JANE DOE's zip-ties were used to tie up her arms behind her back. The zip ties were on
the floor. When this occurred, JANE DOII was inside tl1e truck on the bottom bunk. PENDIGRASS put more

layers of duct tape on JANE DOE than JOHN DOE. PENDERGRASS then drove for twenty (20) or thirty (30)

minutes. They stopped and got food and fuel. They had the zip-ties on for approximately thi1ty (30) to forty-five

(45) minutes. At another stop, JAJ"l'E DOE saw some police officers when she got out. They gol a drink and

some candy at the slop. PENDERGRASS 1s tire was flat and had to be filled np. They drove approximately one

hundred (100) more miles and Lhcn stopped at another truck stop. They went to sleep and the police stai1ed to

knock on the door. JANE DOE went on Instagram on PENDERGRASS's phone. JANE DOE was listening to

music on the phone and was debating whether or not to call the police. JANE DOE rnay have texted

PENDERGRASS one (1) time in the past, because PENDERGRASS was not answering JOHN DOE.

PENDERGRASS is blocked on JANE DOE's phone. JANE DOE stopped communicating with

PENDERGRASS because there were rumors that he had raped her. PENDERGRASS told JANE DOE that she

had snitched on him. PENDERGRASS never touched JANE DOE. JANE DOE stated that if he did, JANE

DOE would have told her parents. PENDERGRASS did get JANE DOE a vape.

10. On March '17 2019 your Affiant, and Detective Marquez, interviewed PENDERGRASS. Prior to

any questioning, PENDERGRASS was read the FD-395 Advice of Rights form. PENDERGRASS agreed to

speak with agents and signed the form. PENDERGRASS is cunenlly employed with Skyline as a contrac1ed

semi-truck driver. PENDERGRASS departed Jacksonville, Florida on March 12, 2019 and broke down in

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Tenell, Texas on March 13, 2019. PENDERGRASS was in Terrell for two days waiting for his truck to get

fixed. PENDERGRASS stopped at the TA Truck slop on 1nterstatc 20 for his truck repairs. On Friday, March

15, 2019, at approximately 10:00 a.m., (Central Standard Time) after PENDERGRASS's truck was repaired, he

departed Te1rnll, Texas. JOHN DOE talked PENDERGRASS into driving to Belton, Texas to "hang out."

PENDERGRASS drove 80 miles out of his way to go see JOHN DOE in Belton. JOHN DOE was

cominunicating via text message and phone . calls with PENDERGRASS. JOHN DOE was telling

PENDERGRASS to "come hang out." PENDERGRASS had not seen JOHN DOE since last summer.

PENDERGRASS met JOHN DOE and his parents in Jacksonville, Florida. JOHN DOE's parents are AR. and

J.R. They lived two doors do\\11 from PENDERGRASS. JOHN DOE has two sisters: JANE DOE (fourteen

years of age) and JANE DOE 2 (fifteen years of age). JOHN DOE told PENDERGRASS he wanted a "ride."

PENDERGRASS did not know JANE DOE was going to be there.

11. PENDERGRASS had previously taken JOHN DOE and JANE DOE on trips with him to cities in

Texas and back to Jacksonville, F.lorida. PENDERGRASS stated "I was their parents' guardian angel during the

summer time. They did not have to worry about ldds while they were al work. I took care of them. They were

hom.e alone." PENDERGRASS met with JOHN DOE at a truck stop in Belton, Texas. The truck stop is

approximately one mile from JOHN DOE's residence. PENDERGRASS was go.ing to take the kids to Walmarl

to get some snacks. PENDERGRASS asked JOHN DOE if his paTents knew and JOHN DOE told

PENDERGRASS, "Yes." JOHN DOE and JANE DOE requested a bag of chips and candy from the Walmart on

Main Street in Belton, Texas. PENDERGRASS bought a bag of Takis potato chips and a bag of candy for

JOHN DOE and JANE DOE. PENDERGRASS planned on returning to the truck stop where he had picked i1p

JOHN DOE and JANE DOE, but "they talked [him] into letting them ride with him to Sparks, Nevada."

PENDERGRASS aclmit1ed this was his mistake. PENDERGRASS found out yesterday (Sat urday, March 16,

2019) the kids "ran away." PENDERGRASS told the kids yesterday tJ1at he "was going to have to take their

asses back home.» PENDERGRASS was going to put them on a bus. PENDERGRASS explained he had given

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the kids rides before to Round Rock, Texas and then back home to Belton, Texas. PENDERGRASS admitte,d

that he had not taken them on long trips like this. PENDERGRASS stated he drove out of Texas in route to

Nevada. JOHN DOE and JANE DOE were inside the cab playing "rock, paper, scissors' while he drove. They

talked about life. JOHN DOE told PENDERGRASS he had stolen his mother' s car, ran away, and JANE DOE

stole $500 of vape and vape ,liquid. PENDERGRASS admitted that he did not contact A.R. and J.R. to obtain

permission to give JOHN DOE and JANE DOE a ride. PENDERGRASS said that JOHN DOE and JANE DOE

never told him that they wanted to gel out of the truck.

12. On Saturday, March 16, 2019, around 6:00 p.m. (Pacific Standard Time), PENDERGRASS found

out through Facebook that JOHN DOE and JANE DOE had run away from home. PENDERGRASS was at the

Love's truck stop in Joseph City, Arizona when he found out this information, Pb'NDERGRASS was "mad as

hell." PENDERGRASS had A.R. and J.R. 's contact information and did not contact them to let them know he

had JOHN DOE and JANE DOE. PENDERGRASS did not call the police because he was going to take JOHN

DOE and JANE DOE back himself. PENDERGRASS said "lt was my responsibility. l was wrong, but I was

going to do the right thing and take them back home." PENDERGRASS 's plan was to take the "kids home to

their daddy." PENDERGRASS knew J.R. was going to be upset with him but PENDERGRASS did not know

"they had nm away," PENDERGRASS did not promise anything to JOHN DOE or JANE DOE. JOHN DOE

and JANE DOE told PENDERGRASS they had been wanting an iPhone 8+ "for years." JOHN DOE and JANE

DOE never asked PENDERGRASS to get out of the semi-truck except for yesterday when PENDERGRASS

told them he was going to take them home. JOHN DOE and JANE DOE did not want to go home. JANE DOE

asked PENDERGRASS to get her an Uber. PENDERGRASS told JANE DOE, "An Uber is going to cost out

the butt. I can put you on a bus to gel you home, but I'll get you home quicker." This conversation occurred in

Joseph City, Arizona earlier this morning (March 17, 2019).

13 . When officers made contact with PENDERGRASS at the Love' s truck: stop in Joseph City,

PENDERGRASS was asleep in the cab of the semi-truck on the bottom bunk bed. JOHN DOE and JANE DOE

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were sleeping on the top bunk bed. PENDERGRASS said that he pulled into the Love's lruck stop to fix a flat

tire on his truck and to take a break from driving. PENDERGRASS explained that after 8 hours of driving he

was required to take a 30 min break. PENDERGRASS stopped in Muleshoe, Texas for a break prior to stopping

in Joseph City, Arizona. PENDERGRASS did not stop in New Mexico. PENDERGRASS denied promising

JOHN DOE anything in exchange for meeting him. PENDERGRASS said JANE DOE only asked to get out of

PENDERGRASS's truck yesterday in Joseph City when PENDERGRASS was "getting on her butt for being a

run away." PENDERGRASS consjders JANE DOE to be his ''little niece" and he cannot believe "they are doing

this crap." PENDERGRASS did not let JAN E DOE out of the truck and told her he was taking her home.

PENDERGRASS told JANE DOE that he could go to jail and that "she can't be doing this crap." JANE DOE

told PENDERGRASS I know "I'm sorry." JOHN DOE and JANE DOE were playing with PENDERGRASS's

"tie straps" on each other. PENDERGRASS utilizes the tic straps for the four comers on his semi-truck. JOHN

DOE and JANE DOE were put them on each other to see how tight they could get them and then cut them off.

JOHN DOE and JANE DOE utilized PENDERGRASS's "razor knife" to cut them off. PENDERGRASS has

duct tape in his truck but nothing happened with the duct tape. JOHN DOE and JANE DOE were playing with

that duel ta_pe on their arms. He said, "They were being kids." PENDERGRASS stated "They are lying to get

themselves out of trouble, they are good at that crap."

14. PENDERGRASS carries a Springfield .40 caliber handgun in his trnck. The magazine is loaded into

the gun but there is not a round in the chamber. PENDERGRASS keeps the handgun above his head on the

driver side. PENDERGRASS has to stand up to reach the handgun. PENDERGRASS stated, "l should have

kept on straight and not gone down there to sec their asses." PENDERGRASS has two children of his O\Vll. ln

Jacksonville, Florida, PENDERGRASS and his family hung out with A.R. and J.R. 's fami ly. They used to go

fishing, swi mming, and bowling together. PENDERGRASS had a fallout with J.R. last summer.

PENDERGRASS explained "he screwed up" and bought JANE DOE a vapc. This is why PENDERGRASS

"doesn't mess with" JANE DOE. PENDERGRASS then recanted and said that he did not buy JANE DOE the

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vape, but that JANE DOE took the vape from his truck and got caught with it. This incident occurred last

summer in Belton, Texas. PENDERGRASS communicates with JOHN DOE using Instagram messenger.

PENDERGRASS admitted he told JOHN DOE that he was going to buy him an iPhone 8, but PENDERGRASS

·was 'joking at him. It was all a big joke that he took serious." PENDERGRASS denied that JOHN DOE met up

with him for the purpose of getting the iPhone 8. PENDERGRASS stated JOHN DOE mel up with him for the

purpose of go.ing to Wal-Ma1t. PENDERGRASS and JOHN DOE spoke on the phone and PENDERGRASS

told JOHN DOE that he did not have the phone. PENDERGRASS has pennission to speak to JOHN DOE but

not JANE DOE.

15. PENDERGRASS last spoke to his wife, Michelle, this morning after the Belton Police department

contacted her. Michelle asked PENDERGRASS if the kids were with him, and he told her yes and that he was

taking them back to Texas. Michelle called PENDERGRASS a "dumb ass." PENDERGRASS acknowledged he

placed a phone call to his wife when he broke down the first time and that he did not tell her he had JOHN DOE

and JANE DOE. It was not until the police were talking lo PENDERGRASS that he told Michelle he had JOHN

DOE and JANE DOE. PENDERGRASS stated Michelle knew "somewhat" he had JOHN DOE and JANE

DOE because "Michelle ain' t stupid." PENDERGRASS should have ca1.led the cops but did not.

PENDERGRASS agreed with SA Mulhollen that he had the capability to tell a 12 and 14-year-old to get out of

his truck and that he did not do that. PENDERGRASS also acknowledged he was not supposed to have contact

with JANE DOE.

II

II

II

II

II

II

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. . , -
CONCLUSION

16. Based upon the information set forth above, I believe that there is probable cause to believe that

PENDERGRASS committed a violation of federal law, specifically, Kidnapping in violation of 18 U.S .C. §

1201 (a).

1 declare under the penalty of pe1jury, under the laws of the United States of America, that the

foregoing is true and correct.

----'-/1---'--'-4-'U-'-'--N_-I_B_ _ __ , 2019
Date

Sworn and subscribed to before me on the ~ day of March , 2019.

__X_Sworn by Telephone

Daterrime: 3/18/19 @ 2:22pm

HONORABLE CAMILLE D. BIBLES
United States Magistrate Judge

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