heist affidavit

7/30/2019 Heist Affidavit

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UNITED STATESDISTRICTCOURTDISTRICTOF CONNECTICUT

LINITEDSTATESOF AMERICAv.

TIMOTHY FORBES,WILLIAM DAVIS,JEFFREY OUSTON ndCHRISTOPHER AY

FILED UNDER SEAL

MISC.NO. :DATE: May2l,20l3

AFFIDAVIT IN SI]PPORT OF COMPLAINTS AND ARREST WARRANTS

I, JenniferBerry, being first duly sworn,herebydeposeand stateas follows:1. I am a SpecialAgent with the FederalBureau of Investigation "FBI"). I have

been a SpecialAgent with the FBI for approximately fourteenyears. I am currently assigned othe Safe StreetsTask Force, which is comprised of personnel from the FBI, the BridgeportPolice Department, the Norwalk Police Department, the Fairfield Police Department and theTrumbull Police Department.During the courseof my career, haveparticipated n hundredsofcriminal investigations, including investigations into domestic and international terrorism,murder, robbery, kidnapping, narcotics trafficking and firearms trafficking. I am the case agentassigned o the current nvestigation.

2. I am currently working with other members of the FBI, as well as with membersof the United StatesMarshal Service ("USMS"), the Fairfield Police Department, the MeridenPolice Department, he York Regional Police Department, he Allentown Police Department andother law enforcementofficials to investigate Timothy Forbes,William Davis, Jeffrey Houstonand ChristopherGay for violationsof Title 18, United StatesCode, Section1201(kidnapping),Title 18, United StatesCode,Section1951(conspiracy o commit HobbsAct robbery) andTitle


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18, United StatesCode, Section 92a@) (use of a firearm during and in relation to a crime ofviolence).

3. The statementscontained in this affidavit are based on: (1) my personalparticipation in the investigation; (2) information provided by membersof the FBI, the USMS,Fairfield PD, Meriden PD, York PD, Allentown PD and severalother law enforcementagencies;(3) witness statements; 4) videotaped surveillance; (5) information from Departmentsof MotorVehicles; (6) public information and law enforcementdatabases;7) toll records; 8) historicaland prospectivecell site records obtained pursuant to court orders; (9) GPS records obtained

pursuant o searchwarrants; and (10) my experienceand training and several other sourcesofinformation. Unless otherwise indicated, all conversationsand statements described in thisaffidavit arerelated n substance nd n part.

4. Because this affidavit is being submitted for the limited purpose of securingcriminal complaints and arrest warrants, I have not included eachand every fact regarding thisinvestigation. Rather, I have set forth only the facts necessary o establishprobable cause obelieve hat Forbes,Davis, Houstonand Gay haveviolated Title 18, United StatesCode,Section1201 kidnapping),Title 18,United StatesCode, Section1951 conspiracy o commit HobbsActrobbery) and Title 18, United StatesCode,Section 924(c) (useof a firearm during and in relationto a crimeof violence).

5. On the evening of April 11, 2013, at approximately 9:00 p.ffi., several

unidentified subjects forced their way into a residence n the 100 block of Gravel Street inMeriden, Connecticut. The residence is a corporate apartment utilized by employees ofHannoushJewelers,which is the parentcompanyof severalConnecticut-basedewelry stores.Atleast wo of the subjectswere armedwith handguns;all of the subjectswore masks and gloves.

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covered theOnce inside, the subjectsbound four victims in the residencewith duct tape and

victims' heads with pillowcases, owels and jackets. Two of the victims areemployees of Lenox Jewelers ocated at 2379 Blackrock Turnpike in Fairfield and one of thevictims is an employee of Harstan's Jewelers located at the Trumbull Mall.l While in theresidence,one of the subjects epeatedlyspoke o the victims. Amongst other things, the subjectstated that "they" had been following the victims for months and commentedthat Victim #ldrovereally fast.

7 Threeof the subjectshen forcedVictims #l and#2 into Victim #1's silverBMW

and transported hem to Lenox Jewelers;at least one, althoughpossiblytwo, subjects emained attheMeriden esidenceuardingVictims #3 and#4.

8. During the approximately forty-five minute drive from the residence to LenoxJewelers,Victim #1 believes hat at least one of subjectswas utilizing either a cellular telephoneor a walkie-talkie type device. Similarly, the victims who were held in the Meriden residencebelieve that the subjectguarding hem was also utilizing a cellular telephone.

9. Once at Lenox Jewelers,Victim #1 and Victim #2 werc directed to unlock thestore, deactivatethe alarm and to allow the subjects access o the store and the vault. Thesubjectsstole numerous Rolex watches and an indeterminate amount of loose diamonds andjewelry, valued at approximately four to five million dollars. The subjects hen fled in Victim#1's vehicle, eavingVictim #l and Victim #2 bound inside the store.Later it was determined

that the subjects abandonedVictim #1's vehicle onapproximately wo miles of Lenox Jewelers.

Dudley Drive in Fairfield, within

Both Harstan Jewelersand Lenox Jewelersare owned by HannoushJewelers.


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10. Once the subjects led, Victims #1 and #2 untied themselves.Victim #1 thencalled 911 to report he robbery.Fairfield PD received he 911 call at approximately10:51p.m.Meriden PD similarly receiveda 911 call from Victims #3 and#4 at approximately 0:52p.m.

11. Following the robbery, during a law enforcement canvass of the Meridenneighborhoodwhere the victims reside,one of their neighbors old the police that approximatelyone-week prior to the robbery he looked out the window of his apartment and saw a silvervehiclewith a blackmale n the driver's seatparkednext to Victim #2's Mercedes. he neighborstated hat he saw a secondmale lying on his back on the ground next to the Mercedes,with his

head facing the rear of the vehicle. The neighbor described he male on the ground as a largeblackmale,approximately6"I" to 6'2" tall and weighing approximately 70 pounds.

12. The neighbor said that he saw the male lying by the Mercedes ump up and getinto the passengerside of the silver vehicle. The vehicle, which the neighbor noticed had NewJersey icense plates, then drove out of the parking lot without turning on its headlights. Theneighbor said he called the police on his cell phone but hung up when the vehicle left the area.The neighbor showed he police his cellular telephonewhich showed a 9II call madeon March30,2013 at approximately1:21a.m.

13. The neighbor said that about twenty to thirty minutes later, the samesilver vehiclewith New Jerseyplatescame back into the parking lot for approximatelyfour or five minutes; noone got into or out of the vehicle. During that time, the neighbor usedhis binoculars o view the

licenseplateof the silver vehicle,which he recordedas New Jersey egistrationY45BWX. Thevehicle then left the parking lot, againwithout turning on its headlights.

14. Further investigationrevealed hat New Jersey egistration Y45BWX returns to a2012 Silver NissanAltima, VIN 1N4AL2APXCC208527,which was registered o Ride Share


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System,LLC, 100 RidgedaleAvenue,Morristown,New Jersey. The vehicle was rented hroughDollar Rent-a-Car, located at 3311 Airport Road, Allentown, Pennsylvania, from March 28,2013at approximately4:51p.m. through April 1,2013 at approximately2:03 p.m., by "

,Allentown, Pennsylvania18103. At the time of therental, provided two contact telephonenumbers; one of those numbers was 2(the" telephone").

15. Investigatorshave obtained call detail records for the telephone. Therecords eveal hat the telephonecalled telephonenumber 610-703-7421 t 4:53 p.m. onMarch 28,2013, approximately two minutes after rented the vehicle. The telephonealso called 610-703-7421 t l:35 p.m. on April I, 2013, approximately28 minutes before therental car was retumed.

16. Basedupon video obtained from the Dollar Rent-a-Car acility, the rental car wasreturned o Dollar Rent-a-Carby two unidentified black males,both of whom were then pickedup by an individual driving what appeared o be a tan or gold JeepCherokee. , who wasidentified from public source and law enforcement databases, rove a separatecar to the rentalagency and, from surveillance video, appears o have entered the rental agency by herself toconduct he rental return transaction.

A. Timothy Forbes(1) Identification of the 610-703-7421 elephone

17. Based upon the investigation, investigators believe that the 610-703-7421telephonewas possessed nd utilized by Timothy ForbesbetweenMarch 1,2013 and April 25,2013.Basedupon a review of call detail records, he person n possession f the 610-703-742Itelephone rom March I,2013 to April ll,2013 - prior to the robbery- had the samecalling


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patternas he person n possession f the 610-703-7421telephonerom April 12,2013 to April25,2013. That s, the person n possession f the 610-703-7421elephonerom March 1,2013 toApril 11, 2013 called or was called by approximately 20 of the same elephone numbers as theperson n possession f the 610-703-7421 elephone rom April 12, 2013 to April 25, 2013.Similarly, basedupon a review of historicalcell siterecords, heperson n possession f the 610-703 742I telephone rom March | , 2013 to April II , 2013 frequented he same ocations as thepersonn possessionf the 610-703-7421elephonerom April 12,2013 o Apnl25,20l3.

18. Additionally, based upon data obtained from a GPS on the 610-703-7421

telephone,nvestigators eterminedhat on April 23,2013, at approximately12:08p.m., he 610-703-742I elephonewas n the vicinity of Clay Avenuenear East l68th Street n the Bronx, NewYork. On April 24,2013,at 2:58p.m., he GPSagainplaced he 610-703-7421elephonen thevicinity of Clay Avenue in the Bronx, New York. Investigatorshave determined that Forbes'

r lives at . near he cornerof East l68tn Street n the Bronx.19. Further,on the eveningof April 24,2013, at approximately :35p.m., the GPS

placed he 610-703-7421 elephonen the vicinity of East Mosser and South Carlisle Street nAllentown, Pennsylvania.Later that evening,at approximately10:37p.m., the 610-703-142Itelephonewas in the vicinity of the SandsCasino n Bethlehem,Pennsylvania, or approximatelyone hour. Thereafter,on April 25,2073, at approximately1:00 a.m., he GPS againplaced he610-703-7421 elephone on East Mosser near the intersection of South Carlisle Street.

Investigatorshave determinedthat Timothy Forbes resides at , near theintersectionof South Carlisle Street, n Allentown, Pennsylvania.Additionally, based uponinformation receivedfrom the SandsCasino, nvestigatorsdetermined hat Timothy Forbeswasat the SandsCasino n Bethlehem,Pennsylvania, n the eveningof April 24,2013, consistent


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with the GPS. nvestigators avealso determinedhat Forbeshas ost over $83,000 n the SandsCasino over the past 18 months. Basedupon the totality of the circumstances, here is probablecause o believe that Forbes was the person n possession f and utilizing the 610-703-7421telephone rom March 29, 2013 through April 25, 20 13 (hereinafter Forbes' telephone).

@ Forbes used he 610-703-7421elephone n furtherance of theconspiracy to rob Lenox Jewelers20. Based upon a review of call detail recordsand historical cell site information for

the Forbes telephone, investigators determined that on March 29, 2013, Forbes enteredConnecticutat approximately4:45 p.m. By approximately5:50p.m. Forbeswas n Fairfield andhis telephonewas accessinga cellular tower within approximately 300 yards of Lenox Jewelers.Forbes emained n the vicinity of Lenox Jewelers ntil approximately6:50 p.m., at which pointhe drove northbound toward the Trumbull Mall, where Harstan's Jewelers s located. Victim #1previously worked at Harstan's Jewelers and Victim #4 currently works at Harstan's Jewelers.Forbes emainedat the Trumbull Mall until approximately8:33 p.m., as evidencedby his cell

site activity, and then begandriving southbound.21. During the time Forbes was in Connecticut on March 29, 2013, Forbes

communicated with 917-847-6273 and 484-951-1010 several times. Based upon theinvestigation, and as described n greaterdetail below, investigatorsbelieve that Christopher Gaywas in possession f and utilized the 917-847-6273 elephone hereafter Gay's telephone")betweenat least March 29, 2013 andMay 7 2013 and that Jeffiey Houston was in possession fand utilized the 484-95I-1010 telephone hereafter"Houston's telephone") between at leastMarch 29,2013andApril 25,2013.

22. On March 30,2013, at approximately1:00 a.m., Forbes elephonewas accessinga cellular ower within .30 miles of the victims' Gravel Street esidence. his is the time frame


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during which the victims' neighbor saw two individuals in the parking lot of the victims'apartmentcomplex,one of whom was lying on the groundnext to Victim #2's vehicle.

23. Lateron March 30,2013,at approximately5:58p.m., Forbesplacedan accidental9ll call that accessed cellular tower locatedat Fairfield University. After apologizing for themisdial, Forbeshungup the phone.At approximately5:59p.m', the 911 dispatchoperatordialed610-703-7421 o determine whether there was an actual emergency. Forbes answered thetelephoneand advised he dispatchoperator hat he had dialed 911 accidentally.

24. Forbes then traveled from Fairfield to Meriden. By approximately6:50 p.m.,

Forbes had arrived in Meriden, where he remained until approximately 10:00 p.m. While inMeriden, Forbescommunicatedwith Houston via cellular telephone.The cellular tower usedtoconnectForbesand Houstonwas within approximately.30 miles of the victims' residence'

25. On April 4,2013, at approximately7:28 p.m., Forbeswas in Fairfield and histelephoneaccessed cellulartower within 300 yards of Lenox Jewelers.At7,34 p.m., Forbes'telephonebegan accessingcellular towers in a northbound direction. Between approximately7:39 p.m. and7:59 p.m., Forbeswas in Trumbull and his telephonewas accessing cellulartower at Trumbull Mall. At approximately7:59 p.m., Forbesbegana telephonecall that startedin the vicinity of the Trumbull Mall cellular tower and ended on the cellular tower withinapproximately 300 yards of Lenox Jewelers.2Forbes then remained in the vicinity of LenoxJewelersuntil 9:39 p.m., as evidencedby his cell site activity. During that time period' Forbes

communicated with Gay three times. At approximately 9:39 p.m., Forbes' telephone againstarted accessingcellular towers in a northbound direction. While traveling, Forbes called

' This call was to ons William Davis' girlfriend.

26. s explained n greaterdetail below,

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Houston.By approximately10:51p.m., Forbeswas in Meriden andhis telephonewas accessinga cellular tower within two miles of the victims' residence.Forbesremained n Meriden for onlya shortperiod of time before again raveling southbound.

26. On April 9,2013, at approximately6:20 p.m., Forbeswas again n Fairfield andhis telephoneaccessed cellular tower located near Quarry Road in Trumbull, which is close tothe Menitt Parkway.

27. On April 11,2013, at approximately6:26 p.m., Forbeswas in the Bronx, NewYork, and his telephone accesseda cellular tower in the vicinity of Clay Avenue. Thereafter,betweenapproximately6:27p.m. on April 1 , 2013 and2:30 a.m. on April 12, 2013 Forbesdidnot make or receive any calls. While call detail records show that both Davis and Houstonattempted o call Forbesduring this period, none of the inbound calls registeredon Forbes' cellsite or call detail records. Basedupon my training and experience, he absenceof an entry onForbes' cell site and detail records s consistentwith the Forbes' telephone having been turnedoff when Davis and Houstonplaced heir calls. However, a review of Forbes'call detail recordsduring the weeks before and after the robbery reveals hat the long period of inactivity on April1I,2013, is entirely nconsistentwith Forbes'usual calling pattern.The next call that registeredon Forbes' telephonewas at approximately2:30 a.m., when the telephoneaccessed cellulartower in the vicinity of Fort Lee,New Jersey.

28. Prior o March I,2013, there s no indication hat Forbeseverusedhis 610-703-742I telephonen Connecticut.3 ftet April 11,2013, Forbesnever again usedhis telephonenConnecticut.

3 Fo.bes was stoppedby the police in Darien, Connecticut, n March 2012. At the time ofthe police contact,Forbes had a bag in the car that containedrolls of duct tape, masks,gloves,

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29. In mid-April 2013, investigators with York Police Department made anappointment to meet with Forbes and his attorney to interview Forbes about his allegedinvolvement in a July 2012 jewelry store robbery in York, Pennsylvania. The meeting wasscheduled or April 30, 2013. However, on approximately April 25, 2013, Forbes' attorneycalled York PD and cancelled he nterview.On that sameday. Forbesceased sins the 610-703-7421telephone.

30. On May 8, 2013, Forbeswas arrestedat his residenceat inAllentown, Pennsylvania, n connection with the July 2}I2jewelry store robbery. When Forbes

was arrested,he was in possession f approximately$13,100,all in $100 bills, a ConnecticutLottery ticket purchased n March 5,2013 and sevencellular elephones,ncludingone assignedtelephonenumber 484-201 0084.4

B. William Davis(1) Identification of the 610-674-5299elephone

31. Basedupon a review of Forbes' elephone alls,betweenFebruary8,2013 andMarch l, 2013, and then again between April 11, 2013 and April 13, 2013, investigatorsdetermined hat Forbes communicatedwith telephonenumber 610-674-5299approximately 357hammers and other items consistentwith tools that are likely to be used during the commissionof a home nvasion obbery.a BetweenapproximatelyFebruary9,2013 and April 25,2013, Gay's telephone 917-847-6273) was in contact with Forbes' telephone (610-703-7421)more than 600 times. Onapproximately April 26, 2013, Gay ceasedcontact with the Forbes' telephone.The next day,April27,2013, Gay begancontacting elephone umber484-201-0084more frequently han anyother number. Between April 27 and May 3, 2013, Gay was in contact with telephonenumber484-201-0084 pproximately187 times. Investigatorsdeterminedbasedupon a review of calldetail records hat the personutilizing 484-201-0084 one of the telephonesseized rom Forbeswhen he was arrested on May 8, 2013 - was in contact with approximately 22 telephonenumbers hat, in turn, were in contact with Forbes' telephone. nvestigatorshave thus concludedthat Forbeswas in possession f and utilizing the 484-201-0084elephoneafter he disposedof

\.y

his610-7037421 elephone.10


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times. nvestigators elieve hat William Daviswas n possession f the 610-674-5299elephoneduring he above-describederiods.

32. Specifically, Davis was incarcerated n Wernersville Community CorrectionalCenter n Berks,Pennsylvania,rom December6,2012 until January24,2013, when he escaped.Davis remainedat large from January24,2013 until March I,2013, at which time he wasapprehendedand incarceratedat Berks County Jail. On March 21,2013, Davis was returned toWernersville CCC. On April 8, 2013, Davis again led the WernersvilleFacility. There is anoutstanding ugitive warrant for his arrest.

33. During the fugitive investigation, a sourceclose to Davis informed members ofthe USMS that he/shewas communicatins with Davis on 610-674-5299,which is subscribed oby . In his Berks County Jail visitation records,Davis identified

as his "female friend." A review of recordedprison calls betweenDavis andreveals hat Davis is romanticallv involved with .

34. Investigators eviewed call detail recordsfor the 610-674-5299 elephoneanddetermined that between January I, 2013 and March I, 2013, the 610-674-5299 telephonecommunicatedwith telephonenumber 3approximately2821 times. In Davis' BerksCounty Jail records,Davis listed the 3 elephonenumber as belongingto

, who Davis identified ashis emergencycontactand girlfriend. A review of recordedprisoncalls betweenDavis and reveals hat Davis is also romantically involved with

35. Finally,between pril 9, 2013 andApril 13, 2013, he 610-674-5299elephonecommunicatedith telephonen 26pproximately34 times.Law enforcement

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databases how that 6 s subscribed o by . While incarceratedat BerksCountyJail,Davis repeatedly on both nd 6.

36. Notably, also included amongst he telephone numbers on Davis' Berks CountyJail authorizedphone ist are 610-703-7421 Forbes' telephone)and 484-951-1010 Houston'stelephone).

37. Basedupon the totality of the circumstances,here is probablecause o believethat Davis was in possessionof and utilized the 610-674-5299 elephone (hereafter "Davis'telephone")during the time period describedabove, ncluding the day of the robbery.

@ Davis used he 610-674-5299elephone n furtherance of theconspiracy to rob Lenox Jewelers38. Based upon a review of historical cell site recordsand call detail records for

Davis' telephone,nvestigators avedetermined hat from approximately5:37 p.m. to 5:51p.m.,on April 9, 2013 -- the day after Davis escaped rom jail -- Davis was in Fairfield and histelephonewas accessinga cellular tower within approximately 300 yards of Lenox Jewelers.Atapproximately 5:58 p.m., Davis' telephonebegan accessingcellular towers in a northbounddirection. Between approximately6:56 p.m. and 10:55 p.m., Davis was in Meriden and histelephoneaccessed cellular tower within approximately 30 miles of the victims' residence.Severalof the calls Davis made while in Meriden were to and .

39. On April II,2013, the day of the robbery,betweenapproximately7:16 p.m. and9:32 p.m., Davis was in Meriden and his te lephone again accessed cellular tower withinapproximately.30miles of the victims'residence.As noted above, he victims were accosted tapproximately9:00 p.m. Shortly hereafter,Davis' telephonebeganaccessing ellular owers na southbound direction. As he traveled, Davis communicated with Houston several timesincludingat approximately9:47 p.m., when Davis' telephoneaccessed cellular ower in New


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Haven, at approximately 9:57 p.m., when Davis' telephone accesseda cellular tower onWheelers Farm Road off the Milford Parkway, at approximately 10:06 p.m., when Davis'telephone ccessed cellular ower in Bridgeportand at approximately10:10p.m., when Davis'telephone accesseda cellular tower on Woodhouse Road in Fairfield. Thereafter, betweenapproximately 10:12 p.m. and 10:40 p.m., Davis was in Fairfield and his telephone wasaccessing cellular ower within approximately300 yardsof Lenox Jewelers.This correspondsto the time of the robbery at Lenox Jewelers.At approximately 10:40 p.m., Houston calledDavis. Thereafter,at approximately10:45p.m., Davis' telephoneaccessed cellular tower onOld Academy Road n Fairfield. The sectorof the cellular tower that Davis' telephoneaccessedis consistentwith Davis driving toward Dudley Drive in Fairfield, which is the location wherethe robbersabandoned ictim #1's vehicle.

40. Prior to April 9, 2013, here s no indication hat Davis ever usedhis telephonenConnecticut.After April 1I,2013, Davis never againusedhis telephonen Connecticut.

C. Jeffrey Houston(1) Identif icationofthe4S4-951-l0l0telephone

4I. On March7,2013, Davis,duringa recorded risoncall, spoke o an ndividualwho Davis identified as "Jeff." During the call, Davis advised Jeff that he might do his "max"sentence, hich would extenduntil September 013. "Jeff'replied that Davis shouldnot "givethem all of it (the max sentence)"explaining,"It's looking good.Niggas might have found agood, good situation." Later in the sameconversation,Davis stated hat his prison term was, "Aminor setback. 'l l be rich in a coupleof months."

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42. On March 12,2013, during a recordedprison call, Davis spoke o .Duringthe call, Davis asked to call "Jeff." asked f Jeff s numberwas484-951-1010.Davisreplied, yes."

43. Based upon a review of subscriber nformation and law enforcementdatabases,investigatorsdetermined hat the accountholder for the 484-951-1010 elephone s " a

, n Allentown, Pennsylvania.Basedupon a review of prisoncalls between Davis and Houston, it is apparent hat Houston is romantically involved with awoman named a.Additionally, duringApril 2013, he personutilizing the 484-951-1010

telephone egularly called a landline at ,Allentown, Pennsylvania.44. On April 25,2013, " changed he telephonenumber or the 484-

951-1010 elephoneo 484-951-6246.This s the sameday Forbesstopped singhis 610-703-742I telephone umber).Investigatorsbelievethat Houstonalsopossessed ndutilized 484-951-6246,as the two numbershave consistentcalling pattems. That is, the personutilizing the 484-95l-6246telephonecalled or was calledby approximately15 telephonenumbers hat called orwere calledby 4g4-g5l-1010,ncluding severalcalls to another elephonesubscribedo by .

n Allentown,Pennsylvania'45. On May 7,2013, investigatorsobtaineddata from a GPS on the 484-95I-6246

telephone.The GpS placed he 484-95l-6246telephonen the vicinity of ,Allentown, Pennsylvania.Accordingly, surveillance was establishedon the residence.At

approximately l0:30 a.m., amale cameout of a first floor apartmentand stoodon the front porchwhile he madea telephonecall. The male was later identified as Jeffrey Houstonthrough the useof law enforcementdatabases, MV recordsand surveillancephotographs'

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46. Approximately two hours later,Houston eft the esidenceand gotinto a gold Jeep Grand Cherokee with Pennsylvania license plate . The Jeep isregisteredo n Allentown, Pennsylvania. hisappears o be the sameJeep hat picked up the two males from the Dollar Rent-a-CaragencyonApril 1, 2013.Houstondrove he Jeepsouthbound n .As he did, the GPScoordinatessimultaneously ollowed in the samedirection. Becauseno one else eft theresidence at the time that Houston drove off, investigators believe that Houston was inpossession f the 484-951-6246 elephone.As noted above,given that 484-951-6246 nd 484-

951-1010 have consistentcalling patterns, believe that Houston was in possession f andutilizing the 484-951-1010elephone hereafter Houston's telephone")during the periodof therobbery.

Houston used he 484-951-1010elephone n furtherance of theconspiracy to rob Lenox Jewelers47. Basedupon a review of historical cell site and call deta il records, nvestigators

have determined hat on March 29,2013, HoustonenteredConnecticutat approximately11:50p.m. At approximately1:00 a.m. on March 30,2013,Houstonwas n Meriden and his cell phonewas accessinga cellular tower within approximately 30 miles of the victims' residence.Asnotedabove,Forbeswas also in the vicinity of the victims' residenceat 1:00 a.m., which wasduring the same period the victims' neighbor saw two individuals in the parking lot of thevictims' apartmentcomplex.

48. Thereafter, n March 30, 2013, from approximately5:05 p.m. to 5:07 p.m.,Houston was in Fairfield and his telephonewas accessinga cellular tower within approximately300 yards of Lenox Jewelers.After leaving the Fairfield area, Houston briefly drove north,

Q)

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before turning around and headingsouthboundout of Connecticut.On March 30,2013, Forbesand Houstoncommunicatedvia cellular telephoneseveral imes.

49. On April 4,2013, at approximately7:0I p.m., Houston was in Fairfield and histelephoneaccessed cellular tower within approximately300 feet of Lenox Jewelers.Houstonremained n the area or approximately 30 minutes, traveled to Trumbull Mall and then returnedto the vicinity of Lenox Jewelersby approximately 8:55 p.m. At approximately10:00 p.m.,Houston's telephone began accessing cellular towers in a northbound direction. Byapproximately10:41pm., Houston was in Meriden and his telephonewas accessing cellulartower within approximately 30 miles of the victims' residence.Houston remained n Meridenfor approximately 0 minutes,before he turned and traveled southbound.On April 4, 2013,Forbescommunicatedwith Houstonvia cellular elephone pproximately15 times.

50. On April 9,2013, romapproximately:38p.m. o 10:16 .m.,Houston as nMeriden and his telephone accessed cellular tower within approximately 30 miles of thevictims' residence.As noted above,Davis was also in the vicinity of the victims' residenceduring the same ime period. By approximately l:52 p.m., Houston was in Fairfield and histelephone accessed he cellular tower within approximately 300 yards of Lenox Jewelers.By1:00a.m. on April 10,2013, Houstonwas raveling southboundowardNew York.

51. On April 11,2013, from approximately :27 p.m. to 9:33 p.m.,Houstonwas inMeriden and his telephone accesseda cellular tower within approximately .30 miles of the

victims' residence.During this time period, Houston communicatedwith Gay several imes.Houston remained in Meriden until approximately9:33 p.m., although during one call heaccessed cellular tower approximately % miles from the victims' residence.As explained,Davis and Gay were both in the vicinity of the victims' residence at varying times during this

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samepefiod (Davis from approximately7:16 p.m' Io9:32 p'm', and Gay from approximately

9:03 p.m. to approximately10:45p.m.). Thereafter,at approximately9:44 p'm'' Houstonbegan

accessingcellular towers in a southbounddirection' At approximately 9:57 p'm'' Houston

receivedan inbound call from Davis. At the time of the call, Houston's telephoneaccessedcellular tower on wheelers Farm Road off the Milford Parkway' As noted above' Davis was

similarly accessinga cellular tower on wheelers Farm Roadat the time he calledHouston'52. By approximately 10:11 p.m. and continuing until approximately 10:42 p'm''

Houston, like Davis, was in Fairfield and his telephone accesseda cellular tower within

approximately300 yards of Lenox Jewelers.This correspondso the time of the robbery' Duringthis period, Houston communicatedwith both Davis and Gay more than ten times' After therobbery, and beginning at approximately 10:49 p.m', Houston's telephonebegan accessingcellular towers in a southbounddirection, including a cellular tower on Reef Road in Fairfield'Houston,s telephonethen accessedcellular towers in Southport and westport, indicating thatHoustonwas traveling southboundout of Connecticut'

53. prior to March 2, 2013, there is no indication that Houston ever used histelephone n Connecticut.After April ll , 2013,Houston never again used his telephone nConnecticut.

D. Christopher Gav(1) Identification of the 917-847'6273elephone

54. Based upon the investigation, investigators believe that Christopher Gaypossessedndutilized the 917-847-6273elephonebetweenat leastMarch 29,2013 andMay 9,2013.Serviceon the 917-847-6273elephonebeganon september5,2012 and continued oapproximatelyMay g, 2013.Basedupon a review of call detail records, he person n possession

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of the917-847-6273telephonef romMarch29,2013oApr i l l l ,2013 -pr ior totherobbery-had the same calling pattem as the person in possessionof the 917-847-6273 elephone fromApril 12,2013 to May 9,2013. That is, the person n possession f the 917-847-6273elephonef romMarch29,2013 oApr i l I l ,2013 cal ledorwascal ledbyover50of hesametelephonenumbersas he person n possession f the 9I7-847-6273 elephone rom Aprrl 12,2013 to May9,2013. Thesecommonly callednumbers ncluded calls betweenGay and Forbes,Houston,

and the Days Inn in the Bronx, New York. Similarly, basedupon a review ofhistorical cell site records, he person n possession f the 9I7-847-6273 elephone rom March29 2013 o April lI , 2013 frequented he same ocationsas he person n possession f the 917-847-6273 elephone rom April 12,2013 o May 9,2013.

55. On May 7,2013, investigatorsobtaineddata from a GPS on the 917-847-6273telephone.The GPS placed 917-847-6273 elephone n the vicinity of Brook Avenue andMelrose Avenue, and between East 163'dand East 165thStreets n the Bronx, New York.Investigators observed that there was a Days Inn on Brook Avenue. Since the person inpossession f the 917-847-6273 elephonehad called a Days Inn on Brook Avenue betweenJanuary II, 2013 and May 6, 2013,law enforcementset up surveillance n the area of the DaysInn.

56. At approximately1:15 p.m., a male came out of the Days Inn and walkednorthbound towards the intersection of Park Avenue, Melrose Avenue and East 165thStreet.Information from the GPS placed he 917-847-6273elephone n the samevicinity as the malewho had walked from the Days Inn. Becauseno one elsehad left the Days Inn and traveled n thesame direction during that period, investigatorsbelieve that the male they surveilled was in

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possession f the 9I7-847-6273 elephone.

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57. Approximately 30 minutes later, GPS data on the 917-847-6273 elephoneplacedthe phone near West 153'd Streetand Frederick DouglassBoulevard in New York, New York.Officers set up surveillance n that area and saw the same male who came out of the Days Innearlier come out of a barbershopon FrederickDouglassBoulevard. Officers approached hemaleand requested dentification. The male provided a New York identification card in the nameChristopher Gay. Gay also had a Days Inn key in his pocket. Offrcers returned to the Days Innand learned that Christopher Gay was a guest at the motel. Based upon the totality of thecircumstances,here is probable cause o believe that Gay was the person in possessionof and

utilizing the 917-847-6273 telephone (hereafter "Gay's telephone") from March 29, 2013through Aprll25,2013.

@ Gay used the 917-847-6273 elephone n furtherance of the conspiracyto rob Lenox Jewelers58. Basedupon a review of historical cell site and call detail records, investigators

havedetermined hat on March 29,2013, betweenapproximately5:53 p.m. and 6:54 p.m., Gay

was in Fairfield and his telephone accessed cellular tower within approximately 300 yards ofLenox Jewelers. Gay then traveled northbound to Trumbull, where his telephone accessedacellular tower in Trumbull Mall beginning at approximately 7:04 p.m. As noted above,Forbeswas in the vicinity of both Lenox Jewelers and Trumbull Mall during the same approximateperiods as Gay. While at the mall, Forbes and Gay communicatedwith one anothervia cellulartelephoneseveral imes. By approximately7:54 p.m., Gay had returned to Fairfield and histelephoneagain accessed he cellular tower within approximately300 yards of Lenox Jewelers.At approximately8:54 p.m., Gay's telephonebeganaccessing ellular towers n a southbounddirection, indicating that he was traveling southboundout of Connecticut.

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59. On March 30,2013,betweenapproximately6:54 p.m. and9:50 p'm', Gay was inMeriden and his telephoneaccessed,at various times, the cellular tower within approximately.30 miles of the victims, residenceand other cellular towers within the vicinity of the victims'residence.As noted above,onMarch 30,2013, Forbeswas also inthe vicinity of the victims'residence during the same period. A review of toll records reveals that Forbes and Gaycommunicatedwith one anothernumerous imes throughoutthe day on March 30,2013'

60 .onA pr i l 4 , 20 |3 ,a tapprox ima te l yT :00p .m. ,Gaywas inFa i r f i e l dandh i stelephoneaccessedhe cellular tower locatewithin approximately300 yards of Lenox Jewelers'

At approximately 7:07 p.m. Gay traveled to the Merritt Parkway and then north to TrumbullMall, where he remainedfor a short time before returning to Fairfield. Betweenapproximatelyg:05 p.m. and 9:39 p.m., Gay was in Fairfield and his telephoneaccessedhe cellular towerwithin 300 yards of Lenox Jewelers, including during communications with Forbes' Atapproximately 10:00 p.m., Gay',s elephonebegan accessing ellular towers in a northbounddirection. At approximately 10:37p.m., Gay called Forbes.During the call, Gay's telephoneaccesseda cellular tower in Meriden near where the Merritt Parkway meets I-91' Gay thentraveled approximately five miles past the victims' residencebefore he turned around andreturnedsouthbound.As indicated above,both Forbesand Houston took similar paths of travelon April 4,21I3,during the sameapproximate eriods.That is, Forbes,Houstonand Gay wereall in the vicinity of Lenox Jewelers.All three then traveled to Trumbull Mall and returnedto

Lenox Jewelers.Finally, all three traveledto Meriden, remainedfor only a brief period of timeand then turned and traveled southbound.Gay and Forbes communicatedwith oneleast wice during this Period.

another at

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61. On April 11,2013,between pproximately :28p.m. and 8:08p.m.,Gay was inFairfield in the vicinity of both Lenox Jewelersand WoodhouseRoad near the Menitt Parkway,as evidencedby his cellular tower activations.At approximately8:11 p.m., Gay's telephonebegan accessing cellular towers in a northbound direction toward Meriden. Betweenapproximately9:03 p.m. and 10:45 p.m., Gay was in Meriden and his telephoneaccessedcellular tower within approximately 30 miles of the victims' residence.As noted above,bothDavis and Houston were near the victims' residenceat varying times during the sameperiod(Davis from approximately7:16p.m. to 9:32p.m.,andHouston rom approximately7:27p.m. to

9:33 p.m.). At approximately10:48p.m., Gay's telephonebeganaccessing ellular towers n asouthbound irection.By approximately I:54 p.m.,Gaywas in Greenwichat theborderof NewYork, indicating hat he was leaving Connecticut.Betweenapproximately7:28 p.m. and 11:57p.m., Gay communicatedvia cellular telephonewith Houston approximately 17 times.

62. Prior to March 5,2013, there s no indication hat Gay ever usedhis telephonenConnecticut.After April 11,2013,Gayneveragainusedhis telephonen Connecticut.

SUMMARY63. On March 29, 2013, both Forbes and Gay were within the vicinity of Lenox

Jewelers at varying times between approximately 5:50 p.m. to 7:00 p.m. (Forbes fromapproximately :50p.m. o 6:50p.m.and Gay from approximately :53p.m. o 6:54p.m.).Bothwere then in the vicinity of Trumbull Mall, where Harstan'sJewelers s located, at varying times

betweenapproximately7:00p.m. to 8:40p.m.64. On March 30,2013,ForbesandHoustonwere both in the vicinity of the victims'

residence t l:00 a.m.,which is the approximate ime the victims'neighbor saw someoneyingbeside Victim #1's vehicle. Thereafter,Houston was in the vicinity of Lenox Jewelersat

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approximately5:06p.m. andForbeswas n Fairfield at approximately6:00p.m. Both ForbesandGay were then in the vicinity of the victims' residenceat varying times betweenapproximately6:40 p.m. and 10:00 p.m. (Forbes rom approximately6:50 pm. to 10:00p.m. and Gay fromapproximately :54p.m. o 9:50p.m.)

65. On April 412013,at varying times betweenapproximately7:00 p.m. and 7:39p.m., Forbes,Houston and Gay were all in Fairfield in the vicinity of Lenox Jewelers.Forbes,Houston and Gay each then traveled northbound to Trumbull Mall, returned southboundtoLenox Jewelers and then traveled northbound to Meriden to the vicinity of the victims'

residence. orbes,Houston and Gay each spentonly a brief periodof time in the Meriden area,beforereturning southbound.On April 4,2013, while in Connecticut,Forbescommunicated iacellular telephoneseveraltimes with both Houston and Gay, suggesting hat the three subjectswere traveling n differentcars.Baseduponmy trainingand experience, orbes',Houston's andGay's activities on Thursday, April 4, 2013, precisely one week prior to the kidnapping androbbery, appear o be a "dry run" ofthe robbery.

66. On April 9, 2013, Davis was in the vicinity of Lenox Jewelers betweenapproximately5:37 p.m. to 5:51 p.m., and Forbeswas in Fairfield at approximately6:20 p.m.Davis and Houston were both then in the vicinity of the victims' residence at varying timesbetween pproximately :56p.m.and 10:55p.m. (Davis rom approximately :56p.m. to l0:55p.m. and Houston from approximately8:38 p.m. to 10:16p.m.). Houston then returned o the

vicinity of Lenox Jewelers,where he remainedfrom approximately 11 52 p.m. to approximately1:00a.m.onApri l 10,2013.

67. On April ll, 2013, the day of the robbery, both Davis and Houston were invicinity of the victim's residenceat varying times betweenapproximately7:16 p.m. and 9:33

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p.m.p.m.9:03

(Davis rom approximately:16p.m. o 9:32p.m.andHoustonrom approximately:27to 9:33p.m.).Gaywasalso n thevicinity of thevictims' residencerom approximatelyp.m. to 10:45p.m. Thereafter, oth Davis and Houston raveled o Lenox Jewelers'

communicatingwith one anothervia ce[urar telephoneen route.Davis and Houstonremained n

the vicinity of Lenox Jewelers rom approximately 0:11 p'm' to 10:42p'm'' which correspondswith the time of the robbery. At approximately 10:40p.m., Houston communicatedwith Davis'At approximately10:41p.m., Houstoncommunicatedwith Gay' By approximately10:49p'm''Davis. Houstonand Gay were all on the move and their telephonewere accessing ellular towefs

in a southbounddirection.While Davis, Houstonand Gay all calledForbesduring the eveningofApril 1l,21l3,Forbes' telephonedid not registerany of their calls. In fact' Forbes' telephonedid not registerany inbound or outboundcalls or text messagesrom approximately6:27 p'm' onApril 11,2013 to approximately2:30 a.m. on April 12, 2013, ndicating hat his telephonewasturned off or out of the rangeof cellular towers for an eight hour period. Basedupon my trainingand experience, believe that Forbes likely turned off his telephoneduring the period of therobbery in an effort to avoid detectionby law enforcement.

6g. On April ll , 2013, Forbes communicatedvia cellular telephonewith Davisapproximately hree imes,with Gay approximately 11times and with Houstonapproximately13times.Houstonalsocommunicatedvia cellular telephonewith Davis approximately16 times andwith Gay approximatelY17 times.

69. Finally, after the robbery, there is no indication that Forbes,Davis, Houston or

Gay everutilized their telephonesn Connecticut'70. Basedon my investigation,and the investigationof others, here s probablecause

to believeand I do believethat Timothy Forbes,William Davis, JeffreyHoustonand Christopher

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Gay have committed violations of violations of Title 18, United StatesCode, Section 1201(kidnapping),Title 18, United StatesCode, Section 1951 (Hobbs Act robbery) and Title 18,United States Code, Section 924(c) (use of a firearm during and in relation to a crime ofviolence). Accordingly, I request the issuanceof complaints and warrants authorizing theirarrests.

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7I. Finally, I believe hat public disclosure f the within affidavit and/or he existenceof complaints and arrest warrants for Timothy Forbes, William Davis, Jeffrey Houston andChristopherGay may tend to compromise he investigationor cause he suspects o flee in orderto avoid apprehension,o destroyphysicalevidenceor to concealproceedsof criminal activity.Accordingly, your affiant respectfully requeststhat the Court direct Assistant United StatesAttorney Tracy Lee Dayton, who is assigned o investigateand prosecute his matter andwho isan officer of the Court, to retain this affidavit, the complaints and the arrest warrants, and tomaintain said documents n a secureplaceuntil further order of the Court.

The foregoing s true and correct o thebestof this Applicant's knowledge.

Subscribed nd swom to beforeme 21stday of May 2013,at Bridgeport,Connecticut.

SPECIALAGENTFEDERALBUREAUOF NVESTIGATION

IAM I. GARFINKELUNITEDSTA MAGISTRATE UDGE

heist affidavit

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