Case 1:18-cr-20366-TLL-PTM ECF No. 1 filed 05/15/18 PageID.

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AUSA: Pa*er Telephone: (989) 895-5712

Ao 9l (Rct.ltlll) cdmiprl c@Liar SP9!4Ageot: Dorglas Smith Telephonc: (9t9) 89+8/.27

Umrso Sr^q.TEs Drsrnrcr Counr

for the

Eastern Distict of Michigan

Unitcd States of Amcrica
Case: l:18-mj-30278
Timothy D. Powcrs Judse: Morris, Patricia T'
File"d: 05-15-2018 At I I : I I AM
CMP USA v. TimothY Powers
(krc)

CRIMINAL COMPLAINT

I, thc complairant in rhis casc, statc thst lhc following is true o thc bcs ofmy lnowlcdgc and bclicf.

On or about thc drt{s) of April2,20lE in thc county of Isab€llo in the

Eastem District of Michiqsn . thc defendaa(s) violatcd:

Cde Setion Ofrense Daoiptton

l8 U.s.c. 2252A(a)(5)@) Posscssing and acccssing child pomogrrphy

. This criminal corylaiot is based o tbcsc facs:

See Auached Affidavit.

@ Continued on thc anached shcet.

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C ompl o t n an t's stgnotu|e

Douqlas Smith- Soecial Aqenl FBI

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S$,ord to bcfoc Ec aod sigacd io ay presencc.

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 Case 1:18-cr-20366-TLL-PTM ECF No. 1 filed 05/15/18 PageID.2 Page 2 of 6

COMPLAINT AFFIDAVIT

I, Douglas Smith, being duly swom, state:

l. I am a Special Agent with the Federal Bureau of Investigation and

have been so employed since January 2010 when I was assigned to the Bay City

Resident Agency of the FBI Detroit Division. While employed with the FBI, I

have investigated a variety of federal criminal violations, including but not limited

to high technology or cyber-crime, child exploitation, and child pomography. I

also have received training that qualifies me to extract and forensically examine

digital evidence and have maintained my certification since I first eamed it in

2013.

2. This affldavit is made in support of an application for a criminal

complaint and arrest warrant for Timothy D. Powers for violations of 18, U.S.C.

$2252A(a)(5)(B), which makes it a crime for any person to knowingly possess or

knowingly access with intent to view any material that contains child pornography

that has been mailed, shipped, or transported through a facility of interstate or

foreign commerce by any means, including by computer.

3. The facts in this affidavit are based upon my personal observations,

my training and experience, and information made available to me by other law

enforcement professionals.

4. On or about April 2, 2018, Deputy Root of the Isabella County

Sheriff s Office went to a Walmart store located at 4730 Encore Blvd., Mount

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Pleasant, Michigan, regarding a complaint involving child pornography on a

demonstration computer at that store. Deputy Root met with a Walmart asset

protection officer who had been informed by other Walmart employees that a

demonstration laptop computer had been used to search for inappropriate images of
underage children. After looking at the laptop computer, Deputy Root seized it as

evidence. A Walmart employee gave written consent to search the computer.

5. Deputy Clark of the Isabella County Sheriff s Office thereafter

conducted a forensic examination of the laptop computer and found child

pomography, as well as numerous terms and phrases that were used in searches

formulated to find images of child pomography.

6. Det. Heugel of the Isabella County Sheriffs Office learned from

Deputy Clark's forensic examination that the demonstration laptop computer had

been used to view child pomography and to conduct searches related tci child

pornography on multiple dates and times. Walmart employees gave Det. Heugel

security camera video of the area of the demonstration computers that

corresponded with the dates and times when the laptop had been used to search for

and access child pornography.

7. After reviewing the Walmart security camera footage, Det. Heugel

surmised that Timothy Powers was the person seen using the laptop in that video.

Det. Heugel was familiar with powers because powers has had repeated
contact

with the Isabella Sheriff s Department: on multiple occasions, powers

has

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obstructed traffic by panhandling in the roadway near the Walmart. Det. Heugel

also knew that Powers had recently been reported missing. Consequently, Det

Heugel went to Power's residence. When he arrived at the residence, Det. Heugel

found Powers and noted that Powers was wearing clothing and had a backpack that

matched the clothing and backpack of the person using the laptop during the

relevant times in the Walmart security camera video.

8. On or about April 6, 2018, a Walmart employee contacted Det.

Heugel to report that two demonstration tablet computers at the store had child

pomography content on them as well. Det. Heugel returned to Walmart where he

was shown the tablets and the content that appeared to have been accessed on April

3, 2018. Det. Heugel agreed that content appeared to be child pornography, seized

those devices as evidence as well, and obtained consent from Walmart to have the

devices forensically searched. After reviewing the Walmart security camera video

that corresponded with the times when child pomography was accessed on those

tablets, Det. Heugel saw that the person who was using the tablets during the

relevant times was Powers. Det. Heugel therefore obtained a state arrest warrant

for Powers.

9. on April 9,2078, Powers was located near the walmart and arrested

by local authorities. Powers was advised of his MirandaRights and signed

a card

indicating that he waived those rights.

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10. Det. Heugel, with Deputy Root present, interviewed Powers. During
the interview, Powers indicated that he knew he should not be searching for child

pomography. Powers said that he would "X" out of the page he was looking at on

a Walmart computer when anyone came near him. Det. Heugel asked Powers how

many underage nude photos he had looked at on the Walmart computers and

Powers admitted to looking at 30 or more.

I 1. I am familiar with the definition of child pornography in l8 U.S.C.

$2256(8). I have obtained a disc from the forensic examination ofthe frrst seized

computer and reviewed some of the images on that disc. During my review ofthat

disc I also found images on that disc that are child pomography pursuant to that

federal statutory definition. Some of the images include children that have been

identified as victims ofexploitation and are listed in established child exploitation

databases. Based on the search terms used by Powers while using the Walmart

computer devices, such as "Girl Ages 0 to I 2 naked," "little kids age I 2 naked,"

"10 years old girl naked," and "9 yaers girls play wih herself," (all spellings and

format as typed by Powers), there can be little dispute over the fact that he was

seeking access to child pomography when he conducted his searches.

12. In addition to images of actual child pornography, I have found many

images that I believe match the definition of obscene visual representations

of
sexual abuse of children found in rg u.s.c. gla66A(a)(2)(A) during my review of
the forensic evidence obtained from the devices used
by powers at walmart.

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12. Based on my familiarity with the operation of computers, I am

confident that the searches conducted by Powers while using the various Walmart

demonstration computers, and the images of child pornography viewed by Powers

as a result of those searches, were accomplished by the transmission of digital

information through a facility in interstate commerce.

1 3. I am informed that Powers was previously convicted of a predicate

sex offense involving one of his children. Powers therefore is subject to an

enhanced penalty pursuant to l8 U.S.C. 52252A(b)(2) if convicted of violating a

provision of l8 U.S.C. $2252A(a).

14. Based on the above, I submit that there is probable cause to believe

that during March and April of 2018, Timothy D. Powers violated 18 U.S.C.

$2252A(a)(5)(B). Accordingly, I ask the court to issue a criminal complaint and

arrest warrant for Timothy D. Powers for that offense.

s---.
I

! Z
Douglas Smith
Special Agent, FBI

Swo ore me tn person Ma y fi20t8.

cla T. Morris
United States Magistrate Judge