AO 442 (Rev I l/l I) Anest Wanant (page 2)

Thissecond page containl personal identifiers provided for law-enforcement use onlyand therefore should not be filed in court with the executed warrant unless under seal.

(Not for Public Disclosure)

Nam e of defendant/offender :

Known aliases:

Last known residence:

Prior addresses to which defendanVoffender may still have ties:

Last known employment:

Last known telephone numbers:

Place of birth:

Date of birth:

Social Securitv number;

Height: Weight:

Race:

Eyes:

Sex:

Hair:

Scars, tattoos, other distinguishing marks:

History of violence, weapons, drug use:

Known family, friends, and other associates (name, reration, address, phone numbeil:

FBI number:

Complete description of auto:

Investigative agency and address:

Name and telephone numbers (office and cell) of pretrial services or probation officer (i/ appticabte):

Date of last contact with pretrial services or probation officer (if applicabte):

UNITED STATES DISTRICT COURTDISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA

V.

KYLE NAVIN

FILED UNDER SEAL

MISC. NO.

DATE: September 4,2015

AFFIDAVIT IN SUPPORT OF COMPLAINT AND ARREST WARRANT

I, Michael Zuk, a Special Agent of the Federal Bureau of Investigation ("FBI"), New

Haven Division, being duly sworn, depose and state the following:

I. Background

1. I have been a Special Agent with the FBI since August 1998. Prior to that, I

worked as an attorney in Connecticut for approximately seven years. From 1993 to 1995, I

worked as a Deputy Assistant State's Attorney assigned to the Office of the Chief State's

Attorney for the State of Connecticut. From 1995 through 1998, I served as an Assistant United

States Attorney, assigned to the United States Attorney's Office for the District of Connecticut.

In both capacities, I was assigned to work exclusively on criminal matters.

2. During the course of my career, I have participated in numerous criminal

investigations, including investigations into suspected narcotics trafficking, firearms traffrcking,

violent criminal activity and money laundering. My participation in the investigations has

included coordinating controlled purchases of narcotics utilizing confidential informants,

cooperating witnesses and undercover law enforcement officers; coordinating the execution of

search and arrest warrants; conducting electronic and physical surveillance; analyzing records

related to narcotics trafficking; testifying in Grand Jury and District Court proceedings; and

interviewing individuals and other members of law enforcement regarding the manner in which

narcotics traffickers obtain, finance, store, manufacture, transport and distribute controlled

substances. I have traveled to various foreign countries in furtherance of narcotics trafficking

investigations, including Colombia, Mexico, Ecuador, and the Dominican Republic. I have

received instruction relative to conducting drug investigations while attending the FBI Academy

in Quantico, Virginia. I have qualified as an expert witness on narcotics trafficking in the District

Courts for the Southern District of New York and the District of Connecticut. Finally, I have

participated in several investigations involving the use of court-authorized interception of wire

and electronic communications.

3. I am currently assigned to the FBI Bridgeport Violent Crimes Task Force ("Task

Force"). In this role, I am responsible for investigating offenses involving murder, kidnapping,

robbery and firearms trafficking, amongst other violent offenses. I am one of the law

enforcement officers involved in the investigation of KYLE NAVIN for a violation of Title 18,

United States Code, Section 922(9)(3) (possession of a frrearm by an individual who is an

unlawful user of or addicted to any controlled substance).

4. The statements contained in this affidavit are based on: (l) my personal

participation in the investigation; (2) information provided by members of the FBI, the Easton

Police Department, the Connecticut State Police, the Bridgeport Police Department and the

United States Marshals Service; (3) witness statements; (4) text messages; (5) security video

recordings; (6) seized evidence; (7) public information and law enforcement databases; (8) my

experience and training and other sources of information. Unless otherwise indicated, all

conversations and statements described in this affidavit are related in substance and in part.

5. Because this affrdavit is being submitted for the limited purpose of securing a

criminal complaint and arrest warrant I have not included each and every fact regarding this

investigation of which I am aware. Rather, I have set forth only the facts necessary to establish

probable cause to believe that NAVIN has violated Title 18, United States Code, Section

e22(g)(3).

II. Probable Cause

6. On August 7,2015, a relative of Jeffrey Navin ("Jeffrey") and Jeanette Navin

("Jeanette") went to the Easton Police Department to report that Jeffrey and Jeanette were

missing. Specifically, the relative explained to law enforcement that Jeffrey and his brother,

William Navin, jointly own J&J Refuse Company, which is a business involved in trash removal

and recycling collection in Westport, Connecticut. According to William, Jeffrey had not shown

up for work on August 6,2015 or August 7,2015, which was highly unusual as Jeffrey never

missed work without making prior arrangements to have his pick-up route covered. Further,

family members and friends had been trying to call both Jeffrey and Jeanette on their cellular

telephones for the past two days, but had been unable to reach either of them as both of their

telephones appeared to have been turned off. According to the relative, Jeffrey's and Jeanette's

son, Kyle NAVIN ("NAVIN"), who also worked for J&J Refuse, was the last person to have

seen his parents, and that was on the morning of Tuesday, August 4,2015.

7 ' On August 7, 2015, law enforcement officers spoke to NAVIN, who confirmed

that he had last seen his parents on the morning of Tuesday, August 4, 2075. According to

NAVIN, his parents had come to visit him that morning in order to ask if he wanted to join them

for dinner that evening. NAVIN said that he declined the invitation because he was in pain from

a back injury that NAVIN claimed rendered him unable to work.

8. On August 9,2015,Iaw enforcement officers interviewed NAVIN at the Easton

Police Department. During the interview, NAVIN stated that the last time he saw his parents was

on the morning of Tuesday, August 4,2015, while NAVIN was at work. However, NAVIN said

that he also spoke to his parents on the telephone regarding work-related issues throughout the

morning and early afternoon. NAVIN said that the last contact he had with either of his parents

was when he spoke to his father "sometime around noon" when his father called to ask a

question about a new customer. When asked about his parents whereabouts, NAVIN said that his

parents often went away on short trips, but acknowledged that his father never missed work

without making proper anangements for his route to be covered.

9' On August 11,2015, law enforcement officers again met with NAVIN at the

Easton Police Department in order to obtain additional information regarding his last contact

with his parents. This time, NAVIN stated that he met his mother on the morning of August 4,

2015 at the park and ride near Exit 42 on the Menitt Parkway in Westport. NAVIN said that his

mother got into his (NAVIN's) garbage truck and that he and his mother together went to collect

refuse along his usual route. NAVIN said that between 9:00 a.m. and 9:30 a.m., his back began

to bother him. Therefore, he called Jeffrey and arranged to meet him at a nursery near Exit 42.

NAVIN said that he and Jeanette arrived at the nursery at approximately 10:30 a.m. There, his

mother got out of his truck and into Jeffrey's truck. NAVIN stated that he then drove to his

residence on Aldine Avenue in Bridgeport. According to NAVIN, he remained at home until

approximately l2:30 p.m., at which point he decided to drive to his parents' residence in Easton

in order to pick up the paycheck that his father left taped to the door. NAVIN stated that once he

picked up the check, he drove back to his own residence, where, NAVIN claimed, he remained

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for the rest of the day (August 4,2015) and for the great majority of the next three days due to

pain from his back injury.

10' Finally, on August 13, 2015, law enforcement offrcers conducted a recorded

interview of NAVIN at the Connecticut State Police barracks in Bridgeport. During this

interview, NAVIN said that on August 4,2075, at approximately 6:30 a.m., he met Jeffrey and

Jeaneffe at the nursery in Westport near Exit 42.There, Jeanette got into NAVIN's truck and the

two began to drive his (NAVIN's) regular pick-up route. At approximately 8:30 a.m., NAVIN

decided that he could not continue to work due to the pain in his back so he asked his mother to

finish his route for the day. However, NAVIN claimed that his mother did not know his route so

he had to return to his home in Bridgeport in order to get her the paperwork that delineated the

route. NAVIN said that he and his mom arrived at his home on Aldine Avenue in Bridgeport at

approximately 9:20 a.m. While his mother waited in the car, NAVIN went inside and picked up

the paperwork that he needed. He then drove his mother back to Westport where they met up

with Jeffrey at a location off of Roseville Road. NAVIN said that Jeanette got out of his truck

and into the truck with Jeffrey. NAVIN then drove back to Bridgeport and arrived at his

residence at approximately I l:00 a.m. NAVIN said that he remained home until approximately

l1:45 a.m. or 12 p.m., when he received a call from his father reminding him that an envelope

containing his paycheck was taped to an outside door at his parents' house. NAVIN thus drove

back to Easton to retrieve his paycheck and then returned to Bridgeport where he arrived at his

residence between approximately 12:30 p.m. and 12:45 p.m. NAVIN said that the only other

contact that he had with his parents that day was telephonic contact with his father that related

solely to work, the routes and NAVIN's back injury. NAVIN denied discussing any issue related

to his mother or her safety. NAVIN said that on Thursday, August 6,2015, he was contacted by

his uncle, William. William advised NAVIN that Jeffrey had not shown up for work that duy. '

According to NAVIN, he advised William that everything should have been on schedule for that

day, meaning that his father should have been at work. NAVIN also relayed to the officers that

the August 6,2015, call from uncle was the time at which the "mystery" regarding his parents'

whereabouts began.

1 1. Law enforcement officers have obtained and analyzed call, text and cell cite

records for Jeffrey's, Jeanette's and Kyle's telephones. An analysis of Jeanette's records

established that Jeanette's last outgoing call was a two second call on August 4,2075, at

approximately 8:45 a.m. At approximately 9:20 a.m., Jeanette's cellular telephone registered as

being in the location of a cell tower at 2600 Park Avenue in Bridgeport, in the vicinity of

NAVIN's residence. After that time, Jeanette never again used her cellular telephone to

communicate with anyone in any manner.2

12. en *ufyris of Jeffrey's records established that his last outgoing call was placed

on August 4, 2015, at approximately l:23 p.m. During the call, Jeffrey's cellular telephone

accessed the cell tower at 2600 Park Avenue in Bridgeport, again in the vicinity of NAVIN's

residence. After that time, Jeffrey never again used his cellular telephone to communicate with

anyone in any manner.

13. After 8:45 a.m. and I:23 p.m., respectively, there were several incoming calls and

text messages to both Jeanette's and Jeffrey's cellular telephones. However, both cellular

telephones were in "inactive status," meaning that they had been turned off. According to family

' According to both William and NAVIN, J&J Refuse did not operate on Wednesdays. Therefore,Jeffrey's absence on Wednesday, August 5,2015, would neither have been noticed nor cause for concern.

2 Jeanette's cellular telephone had one additional cell tower registration on August 4,2015 at 3:08 p.m.,but it does not appear to correspond with a call, text message or email.

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members, it was very unusual for Jeanette and Jeffrey to go away without contacting the family

or to have their cellular telephones turned off for extended periods of time.

14. The cell site activity and text messages exchanged between NAVIN and Jeffrey

on August 4,2015, do not accord with NAVIN's statements to law enforcement. For example,

between 10:20 a.m. and I : l9 p.m., the cell site activity from NAVIN's cellular telephone shows

that he traveled from Bridgeport to Westport to Easton to Westport to Easton and then back to

Bridgeport where he remained until 2:56 p.m. At approximately 3:06 p.m., a security camera in

Easton captured video of Jeffrey's garbage truck being driven on Center Road in Easton toward

Jeanette's and Jeffrey's residence; NAVIN's girlfriend's vehicle was recorded following closely

behind Jeffrey's truck. Approximately 29 minutes later, the security camera captured video of

NAVIN's girlfriend's vehicle driving in the opposite direction away from Jeanette's and

Jeffrey's residence. Law enforcement later discovery Jeffrey's truck parked in the driveway of

Jeanette's and Jeffrey's residence.

15. Law enforcement interviewed NAVIN's girlfriend, Jennifer Valiante. Initially,

Valiante lied and stated that she was home all afternoon in Bridgeport. When confronted with the

above-described video, Valiante acknowledged that NAVIN asked her to follow him to his

parents' house in Easton; NAVIN drove Jeffrey's truck and Valiante drove her car. When they

arrived at Jeanette's and Jeffrey's residence, NAVIN parked the car in the driveway and then the

two returned to their Bridgeport residence together in Valiante's car. Valiante could offer no

reason as to why or how Jeffrey's truck came to be in Bridgeport or why NAVIN needed to drive

the truck back to Easton.

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16. Further, a review of text messages between NAVIN and Jeffrey on August 4,

2015, between 11:40 a.m. and l:14 p.m. belies NAVIN's claim that he and his father only

discussed work-related matters that afternoon:

l1 :40 a .m. Navin to Jeffrey What cleanup are you at?

l l :46 a.m. Navin to Jeffrev Cleanup address? Can you write it?

12:34 p.m. Jeffrey to Navin Where are vou?

12:34 p.m. Navin to Jeffrey I'm clicking to answer your call and nothing is there. I can'thear you.

l 2 :35 p .m. Navin to Jeffrey I left. You were dumping then heading home right?

12:37 p.m. Navin to Jeffrev That's where I'm headed

12:39 p.m. Jeffrey to Navin I'm not going home till I know mom is okay.

12:42 p.m. Jeffrev to Navin Did you hurt mom?

12:43 p.m. Navin to Jeffrey No absolutely not. Why would you think

12:44 p.m. Jeffrey to Navin I go home and get framed for murder

12:45 p.m. Navin to Jeffrev Oh stop

12:48 p.m. Jeffrey to Navin I'm going to the police first

l2:50 p.m. Navin to Jeffrev Ok and reason being?

l 2 :51 p .m. Jeffrey to Navin Dave's phone is working fine

12:54 p.m. Navin to Jeffrey Ok well mtext, the ca

nes having issues, moms is and jen was able toling was messed up.

12:54 p .m. Navin to Jeffrey Maybe his is newest

12:54 p.m. Navin to Jeffrev Newer

12:57 p.m. Jeffrey to Navin U R setting me up

l 2 :58 p .m. Navin to Jeffrey Dad really what are you talking about?

1: l4 p .m. Navin to Jeffrev I'm home, I left a spot on the road for your truck to fit

17. Finally, a review of NAVIN's cell site records shows that NAVIN's cellular

telephone, like each of his parent's telephones, was accessing the cell tower at2600 Park Avenue

in Bridgeport in the vicinity of his residence at 9:20 a.m., when his mom ceased usins her

telephone, and at l:32 p.m., when his father ceased using his cellular telephone.

18. Based largely on the above, on August 13, 2015, the Bridgeport Police

Department obtained and executed a search warrant at NAVIN's residence on Aldine Avenue in

Bridgeport. During the search, law enforcement officers seized several items, including two

Itrearms and numerous rounds of ammunition from NAVIN's bedroom. Specifically, officers

seized one box containing eight rounds of American Eagle .380 caliber ammunition; two boxes

of Winchester .380 caliber ammunition, with 68 rounds in one box and 100 rounds in the second

box; two boxes of Remington slugs, each of which contained five rounds; a black zip case

containing a Smith & Wesson Bodyguard 380 Auto handgun with a laser sight, bearing serial

number EBX6587, with one round in the chamber and two magazines, each of which contained

six rounds of ammunition; a Sig Sauer hard plastic case that contained a Sig Sauer P22g .40

caliber handgun, bearing serial number AJU0I140, with one round in the chamber and ten

rounds in the magazine and a second magazine containing nine rounds of ammunition.3

Bridgeport P.D. officers also recovered a receipt from Home Depot that was issued on August 5,

2015, at approximately 8:36 p.m. showing that NAVIN purchased germicidal bleach, hair/grease

drain opener, "Goo Gone" stain remover and contractor cleanup bags, amongst other items.

19. On August 19, 2015, the Connecticut State Police executed a second search

warrant at NAVN's residence. During the course of that search, they located numerous items

' Based upon my training and experience, I know that neither Smith & Wesson nor Sis Sauer firearms aremanufactured in the District of Connecticut.

that, based upon my training and experience, I know to be indicative of substance abuse.

Specifically, from a white kitchen garbage bag in a garbage bin just outside NAVIN's residence,

law enforcement recovered approximately 15 hypodermic needles and dozens of glassine bags

that contained what appeared to be heroin residue and that were stamped with what I recognize

to be heroin "brand names," such as "TV MA", "1080-p" and "007." In the same bag, law

enforcement found paperwork, such as bank records, that contained NAVIN's name. In

NAVIN's residence, law enforcement also recovered: (l) approximately two dozen empty

prescription bottles for Oxycodone, the great majority of which were prescribed to NAVIN; (a)

several prescription bottles containing various controlled substances, such as Alprazolam, also

known as "Xanax" or "Bars", and Prednisone, some of which were prescribed to NAVIN and

some of which were prescribed to another individual; 4) a piece of paper upon which was

handwritten'oOxycodone 30 mg" "Oxycodone 15 mg" and'No alarms, no panic buttons, no

phones. BE SMART"; and (5) a receipt from a firearms shooting range in Bridgeport,

connecticut, that was issued on August 5,2015, at approximately 2:02 p.m.

20. On August 14, 2015, law enforcement officers obtained video footage from

various security cameras at the Bridgeport shooting range that was recorded on August 5, 2075.

The video footage depicted NAVIN driving his truck and parking it in the vicinity of the range.

NAVIN then entered the building, used the firing range for approximately 20 minutes, swept up

the casings that he had expelled from the weapon he was firing and left the range.

21. On August 2l,2015,law enforcement officers conducted a recorded interview of

Valiante. During the interview, officers asked Valiante about the firearms recovered from her

and NAVIN's residence. Valiante explained that both the Sig Sauer .40 caliber handgun and the

Smith & Wesson .380 caliber handgun belonged to NAVIN, although added that she likes the

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.380 handgun because she can use it to protect herself when she is home alone. Valiante also

offered that she had shot the .380 caliber handgun at a firing range. When asked if NAVIN

regularly carried a firearm, Valiante explained that NAVIN "really likes his gun" so while he

might not carry it every day, he did cany quite often.

22. I have reviewed several text messages recovered from NAVIN's cellular

telephone pursuant to a search warrant. In particular, there are several text messages between

May 5, 2015 and August 9,2015, in which NAVIN and Valiante discuss, in both implicit and

explicit terms, the fact that NAVIN is using heroin, Oxycodone and Xanax. For example:

a. On June 29,2015, Valiante and NAVIN discussed the fact that NAVIN had "run

out of dope." Based upon my training and experience, I know that "dope" is a

slang term for heroin.

b. On July 1,2015, when NAVIN inquired if he could take some Xanax, Valiante

replied that he could but that he should limit it to "l.5 max pls." Based upon my

training and experience, I believe that Valiante advised NAVIN that he should not

take more than 1.5 milligrams (1.5 tablets) of Xanax.

c. On July 2,2015, Valiante advised NAVIN that "Other than the dope thing you are

honest and real." Based upon my training and experience, I believe that Valiante

expressed to NAVIN that his use of heroin ("dope") was problematic.

d. on July 6,2015, valiante said to NAVIN "If you were running on 2bags you'd

be weak as hell and not still going." NAVIN replied, "I did the 3rd about 30 mins

ago." Based upon my training and experience, I believe that Valiante stated that if

NAVIN had confined himself to using only two bags of heroin, as he claimed,

LT

e.

that he would no longer be able to function. NAVIN then admitted that he had

actually used a third bag of heroin.

On July 8,2015, Valiante and NAVIN discussed the fact that "when u miss a vein

u don't get the rush bc it's slowly absorbed in body. However u still get same

amount and potency." Based upon my training and experience, I believe that the

comment regarding "miss[ing] a vein" was a reference to shooting heroin into

one's vein, which is a common method by which to ingest heroin.

On July 14,2015, Valiante told NAVIN that she just found "a rubber band from a

bundle on the stairs." NAVIN explained that it may have fallen from his

"sunglasses case" because he "always store[d] stuff in it [a]nd I dropped the case

in stairs yesterday and this morning heading down." Based upon my training and

experience, I know that a "bundle" is a reference to ten bags of heroin, which are

typically held together by a rubber band. A bundle is a common quantity in which

heroin is sold.

on July 16,2015, valiante asked NAVIN, "Tell me the truth, How many Xanax

did you take last night." NAVIN replied, "I did 3? Swallowed and sniffed right.,'

Based upon my training and experience, I believe that NAVIN admitted ingesting

three Xanax pills, some of which he swallowed and some of which he crushed

and then snorted.

on July 23, 2015, NAVIN complained about being in pain and feeling weak.

Valiante replied that when NAVIN got home he would "have to take [some] more

blues & prednisone pills." Based upon my training and experience, I know that

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"blues" is a common reference to 30 milligram Oxycodone pills which are blue in

color.

on July 28,2015, valiante advised NAVIN that the "Bag is under your note on

my dresser." valiante asked NAVIN to let her know "when doing it and when

done." NAVIN replied, "ok I'll do it [so] you don't have suspense." Eight

minutes later, NAVIN advised that he was "All set." Based upon my training and

experience, I believe that Valiante told NAVIN that she left one bag of heroin for

him on her dresser and asked NAVIN to let her know when he planned to ingest

the drug and when he was done.

on July 29, 2015, NAVIN advised valiante that he was "Starting." when

valiante expressed frustration that she was "waiting for a 'done"' NAVIN

explained that he got delayed by a text from a relative. Specifically, NAVIN

stated that "he wasn't mixed and then before I started my ann I was texting her."

Based upon my training and experience, I believe that NAVIN advised Valiante

that he had not yet prepared the heroin to be ingested via a hypodermic needle

("wasn't mixed") and that he had not yet prepared his arm for the injection

("before I started my arm") at the time he received the text from his relative.

on August 9,2015, valiante advised NAVIN "Don't do any bags bc u need them

for ltr & tmrw. Just reminding." Based upon my training and experience, I believe

that Valiante reminded NAVIN to save his heroin ("bags") to be used later that

day and the following day, likely so that he would not run out of heroin and

experience withdrawals.

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23. Moreover, during the execution of a search warrant on NAVIN's cellular

telephone, law enforcement recovered several text messages between NAVN and another

individual during which the other individual appeared to be requesting to purchase narcotics

from NAVIN. On August 25,2015, law enforcement interviewed this individual (hereinafter

"CW"). CW advised law enforcement that s/tre had known NAVIN for approximately three

years' CW said that sftre knew that NAVIN used Oxycodone and that over the course of the last

two years, sftre had purchased Oxycodone from NAVIN approximately five to six times. CW

also stated that whenever s/he saw NAVIN that NAVIN was usually wearing a gun. When CW

was asked about a call between NAVIN and CW on Wednesday, August 5,2015, CW stated that

s/he called NAVIN to discuss the illegal purchase of Oxycodone, but NAVIN told CW that he

was dealing with a lot of family issues and that it looked like his parents were missing. Notably,

this was one day before NAVIN allegedly frrst learned from his uncle that Jeffrey had not shown

up for work on August 6,2075.

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