FILED IN THE

UNITED STATES OISTRICT COURT

DISTRICT OF HAWAII

FLORENCE T. NAKAKI-INT #2286

United States Attorney
District of Hawaii

-, JUL | 3 2016 I

^r3.r**d#u
/suE BEtflA. CLERK

THOMAS J. BRADY #4472

Chiel Criminal Division
MARGARET C. NAMMAR #9045
Assistant U.S. Attorney
Room 6-100, PJKK Federal Building
300 Ala Moana Boulevard
Honolulu, Hawaii 96850
Teiephone: (808) 541-2850
Facsimile: (808) 541-2958
Margaret.Nammar@usdoj

ov

Attorneys for Plaintiff

LINITED STATES OF AMERICA

IN THE I.INITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

LrNrrED STATES OF AMERICA,

MAG. NO. 16-0823 KSC

Plaintiff,
VS.

AUMOEUALOGO AGAAOA

TOGIA,

Defendant.

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)
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CRIMINAL COMPLAINT;
AGENT'S AFFIDAVIT IN
SUPPORT OF

COMPLAINT

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)
)
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CRIMINAL COMPLAINT

CRIMNAL

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

and correct to the best of my knowledge and belief.

COUNT

INTERFERENCE WITH FLIGHT CREW MEMBERS AND ATTENDANTS

(49 U.S.C. $ 46s04)
On or about JuIy 12,2016, on an airqaft in the special aircraftjurisdiction

of

the United States, namely Hawaiian Airlines, Flight No. 466, from Pago Pago,

American Samoa to Honolulu, Hawaii, in flight, and within the jurisdiction of the

District of Hawaii, AUMOEUALOGO AGAAOA TOGIA, Defendant herein, as a

passenger on such aircraft.,did unlawfully and knowingly, by assaulting and

intimidating a flight crew member and a flight attetdant, interfere with the
performance of the offlrcial duties of the flight crew member and flight attendant and
lessen the ability of the

flight crew member and flight attendant to perform those

official duties, and attempted to do any such act, on Hawaiian Airlines, Flight No.
466, flying non-stop from Pago Pago, American Samoa to Honolulu, Hawaii.
A11

il

in violation of Title 49,United States Code, Section 46504.

I further state that I am a Special Agent with the Federai Bureau of

Investigation and that this Complaint is based upon the facts set forth in the attached

"Agent's Affidavit in Support of Criminal Complaint," which is incorporated herein

by reference.

DATED: July 13,2016, at Honolulu, Hawaii.

Special Agent
Federal Bureau of Investigation

Subscribed and sworn to before me on

July 13,2016, at Honolulu, Hawaii.

irrss otsra)
''.7fr't2
HON. KEVIN S.C.
United States Magi
District of Hawaii

o,Nlr("*,

AGENT'S AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Brett Price, being duly sworn, hereby depose and state the following:

1.

Iama

Special Agent (SA) of the Federal Bureau of Investigation

(FBI) and have been so employed since 2015. I am assigned to the Honolulu Field
Office, and investrgate a wide variety of federal violations, including aviation
crimes.

2.

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

observations, my training and experience, and information provided to me by other

law enforcement personnel, andwitness statements. This affidavit is intended to

show that there is probable cause for the violation and does not purport to set forth

all of my knowledge of, or investigation into, this matter.

3.

This affldavit is made in support of a Criminal Complaint against

Aumoeualogo Agaaoa Togia.

4.

On July 72,2016, at approximately 5:35 a.m. HST, Customs and

Border Patrol (CBP) was notified by Hawaiian Airlines personnel that Haw ahan

Airlines Flight No. 466, flying non-stop from Pago Pago, American Samoa to
Honolulu International Airport, Honolulu, Hawait, and scheduled to arrive at
approximately 5:45 a.m. HST,had a disruptive passenger aboard.

5.

Customs and Border Patrol Officers (CBPOs) then went to the gate to

meet the plane upon arrival.

At approximately 5:42 a.m.,HawalianAirlines Flight

No. 466 arrived atthe gate. The CBPOs entered the plane, and escorted the subject

off of the aircraft. The CBPOs then placed the subjectin aCBP holding cell
located inside the Honolulu International Airport.

6.

The CBPOs and Hawaiian Airlines Security Personnel then

interviewed multiple witnesses, including other passengers and HawalanAirlines

flight attendants and crew members.

7.

Hawaiian Airlines CaptarnD.U. was interviewed at the Honolulu

International Airport. D.U. stated thatat approximately 3:00 a.m. HST, he was
advised by the lead flight attendant that there was a passenger disturbance in the

cabin. A subsequent update required him to declare a Threat Level 1 with

cocllpit lockdown. Due to a later update stating physical abuse, D.U. upgraded the
status to Threat Level

2.

D.TJ. further stated that the passenger, Aumoeualogo

Togia, went into rages which required the use of restraining ties. At about 5:00
a.m. HST, his co-pilot awoke from his required rest period to see that the plane
was in lockdown. The situation was assessed at that time and the threat level was

de-escalated. D.U. further stated that he then quickly let his co-pilot into the

cockpit for landing. Upon landing, EMS and security personnel met the plane at
the gate and escorted the passenger off the aircraft.

8.

Hawaiian Airlines Flight Attendant I.S. was also interviewed at the

Honolulu International Airport. I.S. stated that she was on break and the cabin
2

lights went to bright so she got up and entered the cabin where she observed two
Hawaiian Airlines Load Planners (LPs) on either side of a male passenger. The
male passenger was yelling and the LPs were tryrng to calm

him. One of the LPs

then asked her to assist in getting the restraints. I.S. obtained the restraints and seat

belt extensions. After the LPs were unable to calm the erratic male passenger, they
attempted to put restraints on him with the help of two other passengers. The male
passenger fought long and hard. He was being physical and yelling threats at the

LPs and even bit them. The LPs were eventually able to restrain the erratic male
passenger. I.S. grabbed a mask for the LPs to put on the male passenger, due to

him biting the LPs. The male passenger continued to fight throughout the flight.
For the remainder of the flight he was kept in restraints and was also restrained by
the LPs.

9.

LP L.F. was also interviewed and stated that the passenger was in the

mid-galley when he approached him. The first thing he noticed was the smell of
alcohol coming from the passenger's breath. The passenger was not complyrng

with the flight attendants' instructions to take his seat due to the seat belt sign
being illuminated. After talking to the passenger for over 30 minutes, the
passenger became violent by punching the restroom door and telling L.F.

touched him and his kids "he

will kill me." The male passenger

if

he

then pushed L.F.

backwards and was ready to fight. At that point, L.F. decided to put restraints on
a

the passenger. L.F., another crew member, and two other passengers assisted in

restraining the male passenger. They used tie straps for his hands and extra seat
belts to strap him to the seat. Once the male passenger was restrained he started

yelling that he wanted to kill the crew.

10.

LP A.T. was also interviewed at the Honolulu International Airport.

A.T. stated that while he was restraining the passenger, the passenger tried to bite
L.F.'s thigh and also bit his hand as he was placing the passenger in the seat.
1

1.

On July 12,2076, at approximately 8:00 a.m., I was notified by CBP

that HawarianAirlines Flight No. 466, had arrived from Pago Pago, American
Samoa to Honolulu, International Airport, and that a passenger aboard the aircraft

had too much to drink before boarding the flight, threatened to

kill the flight

attendants, and tried to bite the flight attendants when he was being restrained.

12.

I arrived at the Honolulu International Airport at approximately 8:45

a.m. HST. Upon

my arnyal, I

spoke with CBPOs regarding the incident that

occurred aboard the aircraft and was informed of the situation.

13.

At approxrmately 9:25 a.m. HST, I interviewed the subject

Aumoeualogo Togia, in the CBP holding cell at the Honolulu International Airport
where he was being held.

14.

Togia stated that he was traveling with family from Pago Pago back to

Honolulu. He stated that he had two beers prior to boarding the flight. While on
4

the flight he admitted to drinking multiple small bottles of alcohol. He stated that
he remembers talking story with the flight crew and the next thing he knew they

"ambushed" him and so he fought back. He stated that he was kicking and
screaming as much as he could. He stated that he did not think that he had too

much to drink. He later stated that he did not remember any details between

talking with the crew members and then being restrained. He statedthx this was
not his first flight. He fuither stated that he flies to Pago Pago at least once ayear.
He did not know what had happened, "might have been blacked out, out of my

mind."

He also stated,

"I'm abad drunk."

happened or why he was in handcuffs.

He stated that he has no idea what

15.

Based on the foregoing, and on my training and experience, I believe

that there is probable cause to believe that on or about July 12,2016, within the

jurisdiction of the District of Hawaii, Aumoeualogo Agaaoa Togia interfered with

the performance of the official duties of the flight crew members and attendants

Hawaiian Airlines Flight No. 466, in violation of Title 49,Unrted States Code,
Section 46504.

FURTHER AFFIANT SAYETH NAUGHT.

Special Agent
Federal Bureau of Investigation

Subscribed and sworn to before

on July 13,2016, at Honol

KEVIN S.C. CHANG

HON. KEVIN S.C.

U.S. Magistrate Judge
District of Hawaii

of