Complaint — U.S. v. Justin Baker (W.D. Wash.)

Summary

A Complaint filed March 15, 2024 as Document 1 in United States v. Justin Baker, Case 2:24-cr-00058, No. MJ24-163, in the U.S. District Court for the Western District of Washington at Seattle, before Magistrate Judge Michelle L. Peterson. It cites 18 U.S.C. § 2244(b) and 49 U.S.C. § 46506(1). Count 1 (Abusive Sexual Contact) alleges that on or about March 14, 2024, aboard Alaska Airlines flight number 1041 from Burbank, California, to SeaTac, King County, Washington, Baker knowingly and intentionally engaged in sexual contact with Victim 1 without permission. The affidavit of Brian Crist, FBI Special Agent, reports statements of Victim 1 and Baker, who is stated to describe the contact as consensual, which Victim 1 denies. The complaint concludes there is probable cause.

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Case 2:24-cr-00058-JCC Document 1 Filed 03/15/24 Page 1 of 6

Magistrate Judge Michelle L. Peterson

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, CASENO. MJ24-163

Plaintiff

COMPLAINT for VIOLATION
Vv.
: 18 U.S.C. § 2244(b) and

JUSTIN BAKER, 49 U.S.C. § 46506(1)

Defendant.

BEFORE, Michelle L. Peterson, United States Magistrate Judge, U.S. Courthouse,
Seattle, Washington.

The undersigned complainant being duly sworn states:

COUNT 1
(Abusive Sexual Contact)

On or about March 14, 2024, within the special aircraft jurisdiction of the United
States, that is, while aboard Alaska Airlines flight number 1041, an aircraft in flight
traveling nonstop from Burbank, California, to SeaTac, King County, Washington, within
the Western District of Washington, and elsewhere, JUSTIN BAKER did knowingly and

Complaint - 1 UNITED STATES ATTORNEY
United States v. Justin Baker 700 STEWART STREET, SUITE 5220
USAO #2024R00339 SEATTLE, WASHINGTON 98101

(206) 553-7970
Case 2:24-cr-00058-JCC Document1 Filed 03/15/24 Page 2 of 6

intentionally engage in sexual contact with Victim 1, that is, touch Victim 1’s breast and
groin, without Victim 1’s permission and with the intent to abuse, humiliate, harass,
degrade, and arouse and gratify the sexual desire of any person.

All in violation of Title 18, United States Code, Section 2244(b), and Title 49,
United States Code, Section 46506(1).

And the complainant states that this Complaint is based on the following
information:

I, Brian Crist, being first duly sworn on oath, depose and say:

AFFIANT BACKGROUND

1. I am a Special Agent with the Federal Bureau of Investigation (“FBI”) and
have been employed with the FBI since February 2023. I am currently assigned to the
Seattle Field Office where I am a member of the violent crime, gang, and Transnational
Organized Crime — Western Hemisphere squad. I am currently designated as a member of
the Civil Aviation Security Program (“CASP”), which investigates crimes occurring within
the special maritime and territorial jurisdiction of the United States. Per Title 49, United
States Code, Section 46506, the FBI has been designated as the law enforcement agency
responsible for investigating crimes that occur onboard an aircraft in flight, including
interference with a flight crew and any physical or sexual assault.

2. In my role as member of the CASP team, I have participated in investigations
into sexual assaults onboard aircrafts that have resulted in the arrest of individuals and the
seizure of related evidence. I have also participated in investigations into international child
kidnappings that have occurred within the special maritime and territorial jurisdiction of
the United States. I have been involved in executing federal arrest warrants and have
conducted custodial and non-custodial interviews of the subjects, victims, and witnesses in
these investigations.

3. I am an investigative law enforcement officer of the United States within the

meaning of Title 18, United States Code, Section 2510(7). As such, I am empowered to

Complaint - 2 UNITED STATES ATTORNEY
United States v. Justin Baker 700 STEWART STREET, SUITE 5220
USAO #2024R00339 SEATTLE, WASHINGTON 98101

(206) 553-7970
Case 2:24-cr-00058-JCC Document 1 Filed 03/15/24 Page 3 of 6

conduct investigations of, and to make arrests for, offenses enumerated in Title 18, United
States Code, Section 2244.

4, This affidavit is made based upon my personal knowledge, training,
experience, and investigation, as well as upon information provided to me, and my review
of reports prepared by, other law enforcement personnel. This affidavit is made for the
purpose of establishing probable cause for this Complaint and thus does not include each
and every fact known to me concerning this investigation.

SUMMARY OF PROBABLE CAUSE

5. According to reports and statements I reviewed, Alaska Airlines flight
number 1041 departed Hollywood Burbank Airport in Burbank, California at
approximately 6:49 a.m. Pacific Standard Time (“PST”) on Thursday, March 14, 2024, and
landed at Seattle-Tacoma International Airport (“SEA”), within the Western District of
Washington, at approximately 9:54 a.m. PST on March 14, 2024.

6. Victim 1, an 18-year-old female, whose full name is known to me but not
included here because this is a public filing, was seated in the window seat of the aircraft.
BAKER, 41-year-old male, was seated next to her in the middle seat and another male next
to BAKER was in the aisle seat.

7. Victim 1 told investigators that during the flight, BAKER began bumping his
knee in Victim 1’s knee. Victim 1 tried to move closer to the window to prevent the
touching. BAKER then scrolled through messages on his mobile phone until he found a
specific text thread. BAKER then set his mobile phone on his leg with this text thread still
open, deliberately in Victim 1’s view, and showed Victim 1 a text conversation between
BAKER and his spouse about engaging in sexual acts. BAKER talked to Victim 1 about
the conversation and touched her thigh briefly. This made Victim 1 uncomfortable, and she
again moved her leg away. BAKER draped his jacket to cover both his lap and Victim 1’s
lap before again placing his hand on Victim 1’s thigh. BAKER then moved his hand up
Victim 1’s thigh and rubbed her groin and the outside of her genitalia, over her clothing,

Complaint - 3 UNITED STATES ATTORNEY
United States v. Justin Baker 700 STEWART STREET, SUITE 5220
USAO #2024R00339 SEATTLE, WASHINGTON 98101

(206) 553-7970
Case 2:24-cr-00058-JCC Document 1 Filed 03/15/24 Page 4 of 6

for approximately two minutes. Victim 1 was wearing a linen jumper. Victim 1 told
BAKER, “No,” and informed BAKER that she was uncomfortable, and did not consent to
BAKER’s touching. At some point during their interaction, BAKER turned his back to
shield the view of Victim 1 from others and pointed out the window, as if he was trying to
get Victim 1 to look at the scenery. BAKER then touched Victim 1’s breast over her shirt
multiple times. When the captain came over the intercom to tell passengers that they had
one final chance to use the restroom before descent began, Victim 1 used the opportunity
as an excuse to safely leave her seat and get help. Victim 1 exited her row, immediately
went to the galley, and reported the incident to the flight attendants. Flight attendants found
a new seat for Victim 1 away from BAKER and grabbed Victim 1’s belongings for her.

8. Flight attendants reported to the Port of Seattle Police Department that while
in flight, Victim 1 reported that she was inappropriately touched and that she was visibly
shaken and emotionally distraught. Similarly, when talking to investigators, Victim 1
appeared very anxious and was communicating in a nervous manner.

9. After the flight landed, I learned that BAKER had been detained by the Port
of Seattle Police Department as the alleged perpetrator of the sexual assault. Investigators
interviewed BAKER upon landing at the airport. BAKER stated to investigators that he
had showed Victim 1 a sexually explicit conversation on his phone and talked about it with
her. BAKER showed this text conversation to investigators. Investigators were able to see
that the text message was from days prior and required BAKER to scroll to find it. The text
conversation contained explicit messages to BAKER’s wife regarding his genitalia, oral
sex, and his preferred sexual positions. BAKER stated that he placed his hand on his own
leg and touched Victim 1 with his pinky and asked if Victim 1 was comfortable with the
touching. BAKER reported that Victim 1 stated “Yes.” BAKER also stated that he touched
Victim 1’s thigh, placed his jacket over both his lap and Victim 1’s lap, and touched Victim
1’s groin area with his hand over her clothes. BAKER’s account was consistent with Victim

1’s account of the physical contact, however, BAKER stated that the exchange was

Complaint - 4 UNITED STATES ATTORNEY
United States v. Justin Baker 700 STEWART STREET, SUITE 5220
USAO #2024R00339 SEATTLE, WASHINGTON 98101

(206) 553-7970
Case 2:24-cr-00058-JCC Document 1 Filed 03/15/24 Page 5 of 6

completely consensual. BAKER stated that he asked Victim 1 if she was comfortable as he
was touching her and she said “yes.” BAKER stated that Victim 1 grabbed his hand and
put it on her genitalia, thrust her hips, and was sexually gratified by the touching. Victim 1
denies she consented to, or engaged in, the touching. BAKER also indicated that Victim 1
touched his crotch, which Victim 1 did not state.

10. The individual sitting in the aisle seat next to BAKER told the Port of Seattle
Police Department that he did not see anything. The individual stated that when BAKER
turned his body to look out Victim 1’s window, he heard kissing sounds and thought it was
strange. Neither BAKER nor Victim 1 mentioned contact through kissing in their
statements. The individual also stated he observed BAKER place his jacket over BAKER
and Victim 1’s laps and that BAKER’s hands were underneath the jacket.
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Complaint - 5 UNITED STATES ATTORNEY

United States v. Justin Baker 700 STEWART STREET, SUITE 5220

USAO #2024R00339 SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:24-cr-00058-JCC Document1 Filed 03/15/24 Page 6 of 6

CONCLUSION

11. Based on the above facts, I respectfully submit that there is probable cause
to believe that JUSTIN BAKER committed the crime of Abusive Sexual Contact, in
violation of Title 18, United States Code, Section 2244(b), and Title 49, United States

Code, Section 46506(1).

BRIAN CRIST, Complainant
Special Agent, FBI

Based on the Complaint and Affidavit sworn to before me, and subscribed in my
presence, the Court hereby finds there is probable cause to believe the Defendant
committed the offense set forth in the Complaint.

Dated this 15th day of March, 2024.

Vk

Michelle L. Peterson
United States Magistrate Judge

Complaint - 6 UNITED STATES ATTORNEY
United States y. Justin Baker 700 STEWART STREET, SUITE 5220
USAO #2024R00339 SEATTLE, WASHINGTON 98101

(206) 553-7970


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