Case 1:21-mj-01175-RT Document 1 Filed 09/23/21 Page 1 of 10 PageID #: 1

JUDITH A. PHILIPS FILED IN THE

Acting United States Attorney UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII

District of Hawaii Sep 23, 2021

Michelle Rynne, Clerk of Court

DARREN W.K. CHING #6903

Assistant U.S. Attorney
Room 6-100, PJKK Federal Building
300 Ala Moana Boulevard
Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958
Email: DatTen.Ching@usdoj.gov

Attorneys for Plaintiff

UNITED STATES OF A:MERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAIi
UNITED STATES OF ANIERICA, ) MAG. NO. 21-01175 RT
)
Plaintiff, ) CRIMINAL COMPLAfNT;
) AFFIDAVIT IN SUPPORT OF
v. ) CRIMINAL COMPLAINT
)
STEVEN SLOAN JR., )
)
Defendant. )
_________ )

CRIMINAL COMPLAINT

I, the undersigned complainant, being duly sworn, state the following is true

and correct to the best of my knowledge and belief:

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Count 1

On or about the 23 rd day of September 2021, in the District of Hawaii, the

defendant, STEVEN SLOAN, JR, on an aircraft in the special aircraft jurisdiction of

the United States, that is Hawaiian Airlines Flight # 152 from Honolulu to Hilo, did

knowingly interfere with the performance of the duties of flight crew members and

flight attendants of the aircraft, and lessen the ability of the flight crew members and

attendants to perform those duties, by assaulting and intimidating the flight crew

members and attendants.

All in violation ofTitle 49 of the United States Code, Section 46504.

Count 2

On or about the 23rd day of September 2021, in the District of Hawaii, the defendant,

STEVEN SLOAN, JR, on an aircraft in the special aircraft jurisdiction of the United

States, that is Hawaiian Airlines Flight# 152 from Honolulu to Hilo, did knowingly

assault, K.K., by striking K.K. that is hitting K.K. in chest and back of the head.

All in violation of Title 18, United States Code, Section l 13(a)(4).

I further state that I am a Special Agent of the Federal Bureau of

Investigation (FBI) and that this Complaint is based upon the facts set forth in the

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following affidavit which is attached hereto and made part of this Complaint by

reference.

DATED: September 23, 2021, Honolulu, Hawaii

pecial Agent Daniel e DeSanctis

Federal Bureau of Investigation

Sworn to under oath before me telephonically, and attestation acknowledged

pursuant to FRCP 4(d) and 4.l(b), this 23 rd day of September 2021.

Andrade
Rom A. Trader
United States Magistrate Judge

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JUDITH A. PHILIPS
Acting United States Attorney
District of Hawaii

DARREN W .K. CHING #6903

Assistant U.S. Attorney
Room 6-100, PJKK Federal Building
300 Ala Moana Boulevard
Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958
Email: Darren.Ching@usdoj .gov

Attorneys for Plaintiff

UNITED STATES OF A:tv!ERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAll
UNITED STATES OF A:tv!ERJCA, ) MAG. NO. 21-01175 RT
)
Plaintiff, ) AFFIDAVIT IN SUPPORT OF
) CRIMINAL COMPLAINT
v. )
)
STEVEN SLOAN JR., )
)
Defendant. )
_ _ _ _ _____ )

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, the undersigned complainant, being duly sworn, state the following is true

and correct to the best of my knowledge and belief:

1. I am a Special Agent ("SA") with the Federal Bureau of Investigation

("FBI") and have been so employed for approximately seven years. Since 2014, I

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have been assigned to the Honolulu Field Office of the FBI, where I investigate

violations of Federal law, including those violations which occur within the airport

environment and on-board aircraft. Title 49, United States Code, Section 46501

establishes the Special Aircraft Jurisdiction of the United States and, under Section

46501(2)(D)(i), gives the federal government jurisdiction in all criminal matters

occurring on any civil aircraft that has its next scheduled destination or last place

of departure in the United States, if the aircraft next lands in the United States.

2. This affidavit is in support of a complaint charging STEVEN SLOAN

JR. with a violation of Title 49, United States Code, Section 46504, Interference

with Flight Crew Members and Attendants and Title 18 United States Code,

Section 113(a)(4), Assault by Striking in the Special Aircraft Jurisdiction, which

occurred on September 23, 2021, while aboard Hawaiian Airlines flight 152, with

service from Honolulu International Airport (HNL) to Hilo Airport (ITO).

3. The facts set forth in this affidavit are based on my personal

observations, my training and experience, and the information obtained from other

law enforcement officers, and witnesses. This statement is intended to show that

there is probable cause for the violations and does not purport to set forth all my

knowledge of, or investigation into, this matter.

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BACKGROUND

4. Title 49, United States Code, Section 46504 states, in pertinent part,

"An individual on an aircraft in the special aircraft jurisdiction of the United States

who, by assaulting or intimidating a flight crew member or flight attendant of the

aircraft, interferes with the performance of the duties of the member or attendant or

lessens the ability of the member or attendant to perform those duties, or attempts

or conspires to do such an act, shall be fined under title 18, imprisoned for not

more than 20 years, or both."

5. Title 18, United States Code, Section 113(a)(4) states, in pertinent

part, "Whoever, within the special maritime and territorial jurisdiction of the

United States, is guilty of an assault by striking, beating, or wounding, by a fine

under this title or imprisonment for not more than 1 year, or both."

6. Title 49, United States Code, Section 46501(2)(D)(i) defines Special

Aircraft Jurisdiction of the United States as including any aircraft in flight outside

the United States that has its next scheduled destination or last place of departure

in the United States, if the aircraft next lands in the United States.

7. At the time of this incident, Hawaiian Airlines flight 152 was in the

Special Aircraft Jurisdiction of the United States. Hawaiian Airlines flight 152

departed Honolulu, Hawaii at approximately 0715 hours Hawaiian Aleutian

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Standard Time on September 23, 2021, with STEVEN SLOAN, JR. ("SLOAN") as

a passenger.

SUMMARY OF PROBABLE CAUSE

8. On September 23, 2021, at approximately 0730 hours, Hawaiian

Airlines flight 152 was en route from Honolulu to Hilo when on-duty flight

attendant, K.K. was physically assaulted by SLOAN.

9. K.K. stated he was at the front of the aircraft and proceeded toward

the rear, collecting any trash. When he approached row six, he collected trash

from the left side of the aisle and when he addressed the right side, the male

passenger seated in the aisle seat and later identified as SLOAN, punched K.K. in

the chest with a closed right fist. K.K. described the punch as being shocking and

unexpected and he half-thought it was a joke, possibly by someone who knew him.

K.K. saw that he did not know SLOAN and proceeded to ask SLOAN if SLOAN

was okay and/or needed anything. At that time, SLOAN arose from his seat, and

they were then standing face-to-face in the aisle. K.K. could tell that SLOAN was

"upset or agitated" and without saying anything, K.K. observed that SLOAN began

to shift his weight and pull his right arm back as if he was going to punch him

again. K.K. took a defensive posture and attempted to cover his body and create

space from SLOAN when he felt a punch to the back left side of his head, near his

ear.

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10. K.K. stated the punch to the head hurt more than the one to the chest

and after he was hit, he continued to create space, moving toward the front of the

aircraft. K.K. observed that as he was near row two, SLOAN was reseated and

acted as if nothing had happened.

11. K.K. was immediately fearful for his safety, the safety of the other

two flight attendants as well as the other passengers, particularly the woman seated

next to SLOAN. As a result, K.K. advised the other flight attendants to abandon

their normal flight duties and to man the doors of the aircraft in the event SLOAN

went for the doors. The captain of the plane was advised of this and the captain

decided to return to Honolulu.

12. Upon arrival to Honolulu, K.K. was interviewed by on-scene Sheriff

Deputies and he provided a statement. Photographs were taken of the areas where

he was struck. K.K. had slight redness on the left rear of his head, close to his left

ear.

13. Passenger, D.L., in seat 8D was interviewed. D.L. observed K.K.

walking down the aisle of the plane collecting trash. D.L. observed the male

passenger in 6B (known this writer to be SLOAN), "start punching" K.K., from a

seated position. D.L. stated K.K. took a defensive position, trying to cover himself

with his hands; there was a "brief pause" then SLOAN stood up and walked

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toward K.K. "punching him 2-3 more times (maybe more)." As K.K. continued to

retreat, SLOAN then stopped his assault and returned to his seat.

14. Passenger, L.L. in seat 6A, next to SLOAN was interviewed. L.L.

observed K.K. walking down the aisle collecting trash, she stated she was about to

throw her trash in the bag when SLOAN punched K.K. SLOAN then removed his

seatbelt, stood up and punched K.K. again, this time in the face. L.L. saw K.K.

walking backward and telling SLOAN to "stop!" L.L. saw SLOAN hit K.K. a third

time before coming "back to 6B and sat down as if nothing happened." L.L. stated

SLOAN was then yelling random rants and would yell "shut up!" and said other

things she could not understand. L.L. stated she was scared for herself but did not

know how to get away from SLOAN as she was seated next to the window, and he

was in the aisle.

15. SLOAN was arrested in Honolulu by on-scene Deputies from the

Sheriff Airport Section. At approximately 1240 hours, your affiant and Task Force

Officer S. Nahale attempted an interview of SLOAN. While your affiant was

obtaining biographical information, SLOAN was grunting or mumbling under his

breath and grabbing at his arms, he appeared to have an aggressive demeanor. At

approximately 1243 hours, your affiant advised SLOAN of his Constitutional

rights, which he invoked, after which the interview was concluded.

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CONCLUSION

16. Based on the foregoing, I believe there is probable cause to find

that STEVEN SLOAN JR. violated Title 49, United States Code, Section 46504,

Interference with Flight Crew Members and Attendants and Title 18 United States

Code, Section 113(a)(4), Assault by Striking.

FURTHER AFFIANT SA YETH NAUGHT.

Special Agent Dan·

Federal Bureau of Investigation

This Criminal Complaint and Affidavit in support thereof were presented to,
approved by, and probable cause to believe that the defendant above-named
committed the charged crimes found to exist by the undersigned Judicial Officer at
_ 5 -~-~on
13 p.m. September 23 rd , 2021.

Sworn to under oath before me telephonically, and attestation acknowledged

pursuant to FRCP 4(d) and 4.1 (b ), this 23 rd day of September 2021.

Andrade
Rom A. Trader
United States Magistrate Judge

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