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Case 0:21-mj-06074-LSS Document 1 Entered on FLSD Docket 02/12/2021 Page 1 of 7

AO 91(Rev,08/û9) CriminalComplaint

U NITED STATES D ISTRICT COURT


forthe
Southern DistrictofFlorida

United StatesofAmerica
V.
W ALTER WAYNE BROW N JR.and Case No. 21-6074-SNOW
GARY BRUMMETT,

CR IM INA L C O M PLAIN T

1,the complainantin thiscase,statethatthcfollowing istruetothebestofm y knowledgeand belief.


Onoraboutthedatets)of February9-11,2021 inthecountyof Broward inthe
Southern Districtof Florida ,thedefendantts)violated:
CodeSection OffenseDescri
ption
Title 18,United StatesCode, False Personation ofa FederalOfficer
Section 912

Thiscriminalcomplaintisbased onthese facts:


SEE ATTACHED AFFIDAVIT.

d Continuedontheattachedsheet.

(i
omplainant'
,
îsi
gnature
MarcThom pson-Kow,DeputyU.S.Marshal
Printed nameand title

Sw ornto beforem etelephonically.

Date: 02/12/2021
Judge'
ssi
gnature

City and state: FortLauderdale, Florida Lurana S.Snow,Uni


ted StatesM agi
strate Judqe
Printed nameand title
Case 0:21-mj-06074-LSS Document 1 Entered on FLSD Docket 02/12/2021 Page 2 of 7

Y our affiant,M arc Thom pson-lkow ,firstbeing duly sw orn,does hereby depose and state as

follows:

YourA ffiantis presently em ployed as a Crim inal lnvestigator Deputy U nited States

M arshal(DUSM),andhasservedinthatcapacitysinceFebruaryof2017.lam currentlyassignedto
Fugitive Operationsand the Florida Caribbean RegionalFugitive Task Force in the Southern D istrict

of Florida.Previously,lw as em ployed as a SpecialA gentwith the U .S.D epartm entof Health and

Hum an Service and the U.S.Departm ent ofLabor. A ssuch,yourAffiantislaw fully authorized to

investigate and enforce the provisions offederallaw ,to include violations of Title 18 ofthe U nited

StatesC ode.

Thisaffidavitisbased upon yourAffiant'spersonalknow ledge,training and experience,

and inform ation obtained from other law enforcem ent officials and civilians w ho possesspersonal

know ledge ofthe events and evidence described herein. This affidavit does notcontain every fact

aboutthis case known to your Affiant,butonly enough facts to establish probable cause to issue a

crim inalcom plaintforW alterW ayne BRO W N ,JR and G ary BRU M M ETT forviolation ofTitle 18,

U nited StatesCode,Section 912,the False Personation ofa FederalOfficer,thatis,a D eputy U nited

StatesM arshal.

On February 11, 2021, deputies from the Brow ard Sheriff's Office, Deerfield Beach

District(BSO)respondedtoacallfrom theW yndham DeerfieldBeachResortin DeerfieldBeach,Florida,


which islocated within Brow ard County and the Southern D istrictofFlorida.The callwasin referenceto

a reportoftwo individualswho identified them selvesas U.S.M arshals in the area ofthe hotellobby and

restaurant.BSO notified yourA ffiantofthe call.YourA ffiantarrived atthe hotelshortly thereaherand

was briefed by BSO deputies.They advised as follow s:Upon theirarrivalthey w ere directed by hotel
Case 0:21-mj-06074-LSS Document 1 Entered on FLSD Docket 02/12/2021 Page 3 of 7

staffto m ake contactwith BRO W N JR and BRUM M ETT atthe downstairsrestaurantlocated w ithin the

hotel.BRO W N JR and BRUM M ETT w ere sitting at a dining table at the restaurant. BSO deputies

requestedto seetheiridentification.On theirbelts,BRO W N JR and BRUM M ETT w erewearing authentic

appearing circularbadgesw ith a seven-pointstarthatread Sdcherokee N ation M arshal''along the circle

and iiA niyvw iya Crim inalJustice Deputy''within the star.BRO W N JR and BRUM M ETT provided BSO

deputiessim ilaridentification cardswhich weretitled,''Aniyvw iya--rribal-nation...cherokee-Nation-o f-

The-llnldians...:Grand-Fire-council: gGovernment/lDl.'' Around their necks, BROO JR and


BRUM M ETT wore lam inated cardstitled (SFACEM A SK EXEM PT NO TICE/CARD''which stated d$lam

exem ptfrom any ordinance requiring face m ask usage in public...W earing a face m ask posesa m ental

and/orphysicalrisktome.UndertheAmericanswithDisabilitiesAct(ADA),1am notrequiredtodisclose
m y condition to you.''The cardsalso listed a So epartm entofJustice A DA Violation reporting number:

(800)514-0301.''The interactionswith BROWN JR and BRUMM ETT werecaptured on BSO police


body cam era.

Your Affiant personally observed BROW N JR and BRUM M ETT in possession of the

abovem entioned item s.

Once briefed by BSO deputies, your A ffiant interview ed the Assistant Front Office

M anager(M anager),the reporting party forthis incident.According to the M anager,earlierthatday,


BRUM M ETT approached the front desk Iobby to request coffee from hotelstaff and w as w earing an

authentic looking badge on his belt.The M anager, along w ith a Front Desk Agent, requested that

BRUM M ETT weara facem ask whiletraversing thehotelprem ises.BRUM M ETT responded thathe was

m edically exem pted from wearing aface m ask and presented the aforementioned lam inated card to show

his exemption.Once the M anageradvised BRUM M ETT thatitwas hotelpolicy for patrons to w eara

m ask while navigating public areas,BRUM M ETT responded thathe would notweara mask becausehe
Case 0:21-mj-06074-LSS Document 1 Entered on FLSD Docket 02/12/2021 Page 4 of 7

would receivea$75,000fine(asshown on hislaminated exemptioncard).TheM anageronceagain asked


thatBRUM M ETT weara m ask in orderto com ply w ith hotelpolicy asw ellas adhere to public health

guidelines.In response,BRU M M ETT pointed towardshisbeltbadge and stated $$Do you know whatthis

m eans? 1'm a 'U .S.M arshal'and can have you arrested ifyou force m e to w eara m ask.''The FrontDesk

Agentresponded that hercousin is a U.S.M arshaland would not conductthem selves in that manner.

BRUM M ETT w alked away and m etw ith BROW N JR atthe hotelrestaurant.The M anagerand Front

Desk Agentdecided to contactlaw enforcem entto determ inethe legitimacy ofBRU M M ETT'Sclaim s.

The FrontDesk Agentadvised thaton February 9,2021,two days priorto this incident,

she had encountered BROW N JR during his check-in atthe hotel.He was accom panied by his son.

lnitially,both BROW N JR and his son w ere not wearing m asks.The FrontDesk A gentrequested that

they both wore a mask while on hotelgrounds,and handed them spare m asksthe hotelm aintained in a

box forpatrons.BROW N JR's son w ore the m ask,butBRO W N JR responded to the FrontDesk Agent

thathe w asa federalagentand did nothave to w eara m ask,while pointing to the badge on hisbeltand

show ing the lam inated card around his neck.The FrontDesk Agentadvised thatshe continued to check

BROW N JR into his hotelroom ,butthought itwas strange fora federalagentto m ake an issue about

w earing am ask.He wasinitially scheduled to check outofthe hotelon February 11,2021.

The M anageradvised he initially encountered BRO W N JR on February 10,2021,oneday

priorto thisincident,atw hich tim e BROW N JR approached the frontlobby to requestan extension to his

hotelstay foran additionalday in orderto departon February 12,2021.BROW N JR w asnotwearing a

face m ask and was asked by the M anagerto w eara mask.BROW N JR told the M anagerthathe wasa

CSU .S,M arshal'',while show ing the badge on his belt,and stated thathe w as exem pted from w earing a

face m ask due to am edicalcondition thathe did notneed to disclose.BRO W N JR further stated thathe

could face afine of$75,000by theAmerican DisabilitiesAssociation ifforced to wearafacemask and


Case 0:21-mj-06074-LSS Document 1 Entered on FLSD Docket 02/12/2021 Page 5 of 7

could havtthe M anagerarrtsted.The M anager,liketht FrontD esk A gtnton thtpreviousday, thoughtit

was strange fora U.S.M arshalto m ake an issue aboutwearing a face m ask.

Tht M anager advised thatthe hotelhas video surveillance footage ofthe incidentsthat

occurred on each day,between February 9 and February 1l,2021.Your A ffiant is in the process of

obtaining those videos.

Based on your Affiant's personalknowledge and exptrience,your Affiant is awart that

Deputy United States M arshals,also known as FederalM arshals,are em ployees of the United States

Departm entofJustice.Based on personnelchecksconductedby yourA ffiant,yourA ffiantisfurtheraware

that defendants BROW N JR and BRUM M ETT have never been officers or employees of the U.S.

M arshalsService.Your Affiantalso contacted the Cherokee Nation M arshalService,headquartered out

ofOklahoma and North Carolina,and confirmed thatneitherBROW N JR norBRUM M ETT w ere orever

have been employees,and thatthe aforem entioned badge was not representative of a Cherokee N ation

M arshalbadge.

l0. Based on the foregoing facts and evidence,yourA ffiantrespectfully subm itsthere is

probable causethatW altcrW ayne BRO W N JR and G ary B RU M M ETT com m itted FalsePersonation

ofan OfficerorEm ployee oftheU nited States,thatis,aD eputy U .S.M arshalem ployed bytheU nited

StatesM arshals Service,U nited StatesD epartm entofJustice,in violation of Title l8,United States

Code,Section 912. FU RTHER YO U R A FFIA N T SA YETH N A UG HT.

V arcThompson-Kow,DeputyUnitedStatesMarshal
United SGtesM arshals Serviee
Swom to and subscribed before m etelephonically this 12th day ofFebruary,2021.

1.
LU RAN A S.SN O W
U N ITED STA TE M A GISTRATE JUD GE
Case 0:21-mj-06074-LSS Document 1 Entered on FLSD Docket 02/12/2021 Page 6 of 7

U N ITED STA TE S D ISTR IC T C O U R T


SO UTH ERN D ISTRICT O F FLO RIDA

CASE NUM BER:21-6074-Snow

BOND R ECO M M END ATION

DEFENDAN T:Gary Brum m ett

PretrialDetention
(PersonalSurety)(CorporateSurety)(Cash)(Pre-TrialDetention)

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A USA: A NITA W H ITE

LastKnow n Address:

W hatFacility:

Agentts): USDM Marc Thompson-Kow


(FBI) (SECRET SERVICE) (DEA) (lRS) (ICE) (OTHER)
786-858-7461
Case 0:21-mj-06074-LSS Document 1 Entered on FLSD Docket 02/12/2021 Page 7 of 7

U N IT ED STA TE S D ISTR ICT C O U R T


SOU TH ERN DISTR ICT OF FLOR IDA

CASE NU M BER '


.21-6074-Snow

BO ND 1)EC OM M END ATION

DEFEN DA NT:G ary Brum m ett

PretrialDetention
(PersonalSurety)(CorporateSurdy)(Cash)(Pre-TrialDetention)

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By: k--b?
A USA: A NITA W HITE

LastKnown Address:
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W hatFacility'
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Agentts): USDM M arc Thom pson-Kow


(FBl) (SECRET SERVICE) (DEA) (1RS) (lCE) (OTHER)
786-858-7461