AFFIDAVIT I, Thomas Richard Malena, being duly sworn, hereby

22-MJ-00014-WBG

AFFIDAVIT

I, Thomas Richard Malena, being duly sworn, hereby depose and state the following:

1. I am a Special Agent (SA) of the Federal Bureau of Investigation (FBI) and have been

so employed for approximately 16 years. Since 2020, I have been assigned as the Airport Liaison

Agent for Kansas City International Airport where I investigate violations of Federal law which

occur within the airport environment and on board aircraft. Title 49, United States Code,

Section 46501 establishes the Special Aircraft Jurisdiction of the United States and, under Section

46501(2)(C), gives the federal government jurisdiction in all criminal matters occurring on any

civil aircraft that is an aircraft in the United States.

2. This affidavit is in support of a complaint charging JUAN REMBERTO RIVAS

(RIVAS) with a violation of Title 49, United States Code, Section 46504, Interference with Flight

Crew Members and Attendants, which occurred on February 13, 2022, while aboard American

Airlines flight 1775. American Airlines flight 1775 was diverted into Kansas City International

Airport, Kansas City, Missouri, during its scheduled nonstop service from Los Angeles

International Airport, Los Angeles, California, to Ronald Regan Washington Airport,

Washington, D.C.

3. The facts set forth in this affidavit are based on my personal observations, my training

and experience, and information obtained from other law enforcement officers and witnesses.

This statement is intended to show that there is probable cause for the violation and does not

purport to set forth all my knowledge of, or investigation into, this matter.

BACKGROUND

4. Title 49, United States Code, Section 46504 states, in pertinent part, “An individual on

an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating

a flight crew member or flight attendant of the aircraft, interferes with the performance of the

duties of the member or attendant or lessens the ability of the member or attendant to perform

those duties, or attempts or conspires to do such an act, shall be fined under Title 18, imprisoned

for not more than 20 years, or both.”

5. Title 49, United States Code, Section 46501(2)(C) defines Special Aircraft

Jurisdiction of the United States as including any “aircraft in flight: another aircraft in the

United States.”

6. At the time of this incident, American Airlines flight 1775 was in the Special Aircraft

Jurisdiction of the United States. American Airlines flight 1775 arrived in Kansas City, Missouri,

at approximately 2:28 p.m., Central Standard Time on February 13, 2022. RIVAS was a passenger

on American Airlines flight 1775.

SUMMARY OF PROBABLE CAUSE

As I explain below, I believe RIVAS violated Title 49, United States Code, Section 46504

by threatening, intimidating and interfering with the ability of the American Airlines flight 1775

crew to perform their duties.

7. On February 13, 2022, passenger R. R. was interviewed by TFO Vincent Kingston.

R. R. stated, among other things, the following:

R. R. was seated in 5A. R. R. is a police officer with the Montgomery County Police. They

were about 2 hours into their flight when he saw the suspect (later identified as

JUAN REMBERTO RIVAS) in the flight attendants “work area” at the front of the plane.

A Hispanic female flight attendant and a male flight attendant were talking with RIVAS, but

R. R. did not perceive that anything was amiss. However, a few minutes later, he noticed that

another passenger with tattoos on his arms was also at the front of the plane. This passenger was

talking to RIVAS, and R. R. felt that something was wrong. The tattooed passenger motioned

for R. R. to come to the front of the plane, and R. R. went to assist. R. R. saw RIVAS holding a

glass bottle in one hand and was trying to open the cockpit door with his other hand.

R. R. immediately grabbed RIVAS to pull him away from the door. They began to struggle, and

R. R. used additional force to pull RIVAS away. R. R. punched RIVAS in the left cheek, and then

took RIVAS to the ground. Other passengers and flight attendants assisted with restraining RIVAS

until they could secure his hands and feet with handcuffs and duct tape. R. R. did not hear RIVAS

say anything when he was trying to open the cockpit door.

8. On February 13, 2022, passenger J. P. was interviewed by TFO Vincent Kingston.

J. P. stated, among other things, the following:

J. P. was seated in 9E. J. P. was an employee of American Airlines who was commuting to

another location. He knew that something was wrong during the flight when the lights came on in

the passenger compartment. He saw one of the flight attendants walk to the front of the plane with

a coffee pot. When he looked to the front of the plane, he thought that the pilot may have come

out of the cockpit because of the way the galley cart had been positioned. He saw that there was a

struggle occurring between a passenger (later identified as JUAN REMBERTO RIVAS) and the

flight attendants. He went to the front of the plane to assist. He saw a flight attendant strike RIVAS

with the coffee pot, after which RIVAS went to the ground. J. P. helped hold his feet while they

were duct taped. He heard RIVAS say something that they were not on an airplane, but RIVAS

mostly spoke Spanish.

9. On February 13, 2022, Flight Attendant C. S. D. was interviewed by

SA Kacie Laidacker. C. S. D. stated, among other things, the following:

C. S. D. is an American Airlines (AA) flight attendant. He was in the rear of the plane

finishing inflight service when he received a call from I., another AA Flight Attendant who was

in the front of the plane and stated she needed assistance speaking with a passenger (later

identified as JUAN REMBERTO RIVAS) who appeared to be speaking Spanish. C. S. D. reported

to the front of the plane where he began speaking in Spanish to RIVAS. RIVAS stated people were

attempting to hurt him and they followed him onto the plane. RIVAS further stated he heard the

individuals harming his family over the telephone. C. S. D. asked RIVAS to describe the

individuals who followed him onto the plane and who wanted to hurt him. RIVAS said one of the

individuals was sitting next to him in row 21, but he could not describe the person other than the

individual had a knife. C. S. D. asked if RIVAS would like law enforcement to meet and escort

him off the plane when they landed in Washington, D.C. RIVAS stated he would. RIVAS stated

he could not return to his row, so C. S. D. moved him into the only empty seat on the plane, in

row 15. RIVAS told C. S. D. that he needed to charge his cell phone, but he did not have a cell

phone charger with him. C. S. D. looked at RIVAS’S phone. C. S. D. saw RIVAS had attempted

to call 911 but stated he couldn’t get through. C. S. D. told RIVAS that was because the phone

was in airplane mode, and he would not be able to make a call while in flight. RIVAS placed the

phone in his pocket and sat down in row 15.

C. S. D. called the Captain and explained the situation. C. S. D. spoke with the Captain for

approximately 20-25 minutes. The Captain was able to confirm that law enforcement would

meet the subject at the airport in Washington, D.C.

Approximately five minutes later, RIVAS pushed the call bell and requested a glass of

water. I. responded and went back to the front of the plane to get RIVAS a glass of water. RIVAS

then walked up to the cockpit area and told the flight attendants that they were not flying and that

the flight attendants were lying to him. At this time, C. S. D. again called to speak to the Captain.

According to C. S. D., one of the service carts was out and I. used the cart to create

distance between herself and RIVAS. RIVAS then grabbed some plastic silverware, removed the

napkin wrapped around it, and placed the plastic silverware in his shirt sleeve and was holding it

like a shank. He then grabbed a small champagne bottle by the neck of the bottle and attempted to

break the bottle on the counter.

RIVAS then began shoving the service cart into I. At this time, C. S. D. told the Captain

to lockdown the cockpit. RIVAS then attempted to open the “1R Door” by lifting the handle.

RIVAS placed his foot on the door where the emergency slide was located. The flight attendants

told RIVAS to put the handle down and he was yelling “no”.

C., another AA flight Attendant grabbed a coffee pot from the rear of the plane and hit

RIVAS with it. Passengers began coming forward and tackled and punched RIVAS. Once RIVAS

was on the ground, they taped his legs and used zip ties from the flight attendants’ kits to restrain

him. The flight attendants then asked the passengers for medical assistance.

C. S. D. spoke with the Captain and the Captain told the flight attendants to prepare for

landing in Kansas City, Missouri, which was approximately 40 miles away.

10. On February 13, 2022, passenger P. C. M. was interviewed by TFO Aaron Seigel.

P. C. M. among other things, stated the following:

P. C. M. was seated in seat 8D, first class of American Airlines flight 1775 travelling from

Los Angeles International Airport to Ronald Reagan Washington National Airport.

P. C. M. indicated that about 45 minutes into the flight, he observed a man approach the

cockpit door of the aircraft. P. C. M. described the man as Hispanic, about 6’3” tall, 240 pounds in

weight, wearing blue jeans and a dark jacket. He further described the man as having short brown

hair, with “scruffy” facial hair, and missing teeth. This man was later identified as

JUAN REMBERTO RIVAS. P. C. M. advised RIVAS appeared agitated, waving his hands about.

P. C. M. observed a female flight attendant, he believed to be named I., position herself

between RIVAS and the cockpit door. It appeared to P. C. M. that the flight attendant was using

calming hand gestures. Several minutes later two flight attendants escorted RIVAS away from the

area of the cockpit door and back to his seat in the cabin.

RIVAS returned to the forward area of the aircraft near the cockpit door about an hour

later. The female flight attendant put herself between RIVAS and the cockpit door again and

positioned a beverage cart in front of her in an apparent attempt to limit RIVAS’ access to the

cockpit door. Shortly thereafter, two male flight attendants arrived in the area. At this point,

RIVAS positioned himself in the galley area near the forward starboard aircraft door which was

located just a few feet from the cockpit door and out of P. C. M.’s direct view. P. C. M. was

still able to see part of the beverage cart and the flight attendants, observed the beverage cart

shaking violently, leading him to believe RIVAS was aggressively manipulating it.

P. C. M. said he felt something was wrong and left his seat, making his way to the forward

portion of the aircraft near the cockpit door and forward galley. RIVAS held a small olive-colored

wine bottle in his right hand and cutlery in his left, gripping them tightly.

RIVAS then shifted his body posture, seeming more agitated, and shook his head about.

RIVAS grabbed handles used to manipulate the forward starboard aircraft door, which led to the

exterior of the aircraft. P. C. M. returned to the cabin for further assistance. A man seated in seat

9C offered to help and accompanied P. C. M. to the forward galley. Another passenger named R.,

arrived in the area of the forward galley also.

P. C. M. stated flight attendants continued their attempts to calm RIVAS. Despite these

efforts, RIVAS began aggressively pulling on the handle used to open the forward starboard

aircraft door. P. C. M. said RIVAS positioned one foot on the aircraft door and began pulling hard

on the handle with one hand, at first, and then both of his hands. RIVAS was pulling so hard,

according to P. C. M., that door moved away from the frame two to three inches.

P. C. M. reported a flight attendant struck RIVAS in the head with a metal coffee pot twice.

The passenger P.C.M. knew as R., then punched RIVAS in the jaw area. P. C. M. advised he

grabbed the back of RIVAS neck with both of his hands and pulled him to the floor.

Those assisting P. C. M. helped to pin RIVAS to the floor. RIVAS began complying with orders

at this point, placing his hands behind his back. P. C. M. asked for zip-ties to restrain RIVAS.

An off-duty pilot, who P. C. M. identified as J., arrived in the area with duct tape. The group

worked to restrain RIVAS’ feet and hands. P. C. M. rolled RIVAS to his left side to ensure proper

breathing. P. C. M. stated he spoke to RIVAS in Spanish and attempted to calm him.

P. C. M. noticed blood on his own legs but was not injured. P. C. M. said he observed an

approximately one-inch laceration on the crown of RIVAS’ head. P. C. M. asked for a medical kit

and applied pressure to the wound. Two Spanish-speaking physicians came to the galley area from

the cabin to assist in treatment. In speaking to RIVAS, P. C.M. said he learned the man was

travelling from Los Angeles to Washington, D.C. to visit his children. P. C. M. suspected RIVAS

was intoxicated based on slurred speech and an unsteady gait. P. C. M. reported that while

restrained, RIVAS said, “Hurry up and put a bullet in my head.” P. C. M. noted he did not hear

RIVAS threaten to kill anyone or crash the aircraft.

11. On February 13, 2022, Flight Attendant C. J. C. was interviewed by

SSA Dana Kreeger. C. J. C. among other things, stated the following:

On February 13, 2022, C. J. C. was the Position #4 Flight Attendant aboard American

Airlines Flight 1775 which was traveling from Los Angeles, California, to Washington, D.C.

Position #4 is typically positioned near the rear of the aircraft. During the flight, C. J. C. was

contacted by a flight attendant up in the front of the aircraft regarding moving the passenger from

row 21 to row 15, seat B. The passenger was identified as JUAN REMBERTO RIVAS.

C. J. C. advised that RIVAS was not served any alcohol during the flight and appeared calm

during the early portion of the flight. After moving RIVAS, C. J. C. observed RIVAS in

the galley area at the front of the aircraft along with flight attendant J. C. . C. J. C. advised that

RIVAS grabbed a napkin which contained serving utensils from the galley counter and took the

plastic knife from the napkin and held it in his hand directed towards C. J. C. C. J. C. advised that

he felt threatened by the knife. C. J. C. stated RIVAS grabbed a bottle from the counter and tried

to break it on the counter. C. J. C. heard RIVAS say, “we’re going to bring down the plane”.

C. J. C. returned to the rear of the plane and turned on the aircraft lights and grabbed a

coffee pot. He observed RIVAS kicking the food cart, which J. C. had placed in front of the

cockpit door. C. J. C. observed RIVAS place his foot on the right-side plane exit door and grab

the release handle and attempt to move the handle. C. J. C. instructed RIVAS to put the handle

down. After not releasing the handle, C. J. C. struck RIVAS two times in the head with the

coffee pot. C. J. C. stated RIVAS was restrained by passengers on the aircraft and assisted by

crew members.

12. On February 13, 2022, Flight Attendant J. C. was interviewed by SSA Dana Kreeger.

J. C. among other things, stated the following:

On February 13, 2022, J. C. was onboard American Airlines flight 1775 working as

Flight Attendant #1 on the flight traveling from Los Angeles, California to Washington, D.C.

J. C. was working the front area of the plane to include first class and the front galley. J. C. advised

that with approximately 2 hours and 20 minutes remaining in the flight a passenger (later identified

as JUAN REMBERTO RIVAS), came to the front of the aircraft and asked for the police.

RIVAS told C. J. that there were “people out to get him” and that RIVAS does not trust anyone

sitting around him and wanted to move up front to first class. C. J. told RIVAS that there were no

seats in first class but that he could be moved farther up in the plane. A short time later, RIVAS

returned to the galley and started saying that the plane was not moving and was not flying.

RIVAS was told it was moving and to look out the window. RIVAS again stated the plane was not

moving and grabbed a bottle from the galley counter as well as eating utensils, including a plastic

knife. C. J. positioned the food service cart in front of the cockpit door and RIVAS started pushing

on the cart. C. J. observed RIVAS use his left hand to lift the handle on the right-side exit door

before being restrained by passengers and crew. C. J. did not see RIVAS consume any alcohol

during the flight.

13. Based on the foregoing, I believe there is probable cause to find that

JUAN REMBERTO RIVAS violated Title 49, United States Code, Section 46504, Interference

with Flight Crew Members and Attendants.

Thomas Richard Malena

Special Agent

Federal Bureau of Investigation

Sworn and subscribed to before me this day of February 2022.

HONORABLE LAJUANA M. COUNTS

United States Magistrate Judge

Western District of Missouri

14th

Sworn to by telephone

2:39 PM, Feb 14, 2022