Affidavit in Support of Criminal Complaint (Middle District of Florida, Document 1, filed August 20, 2024)

Summary

An affidavit in support of a criminal complaint by Jon Bergevin, a Special Agent with Homeland Security Investigations, filed August 20, 2024 as Document 1 in Case No. 5:24-cr-00123-TPB-PRL in the U.S. District Court for the Middle District of Florida; the affidavit itself bears Case No. 5:24-mj-1202-PRL. It states there is probable cause to believe that on July 24, 2024, a person named Davis transferred obscene material to another individual believed to be only 13 years of age, in violation of 18 U.S.C. § 1470. The affidavit describes online chat and Snapchat communications between Davis and an undercover account, followed by summonses to Reddit, Snapchat, Google and Charter Communications. It also describes a search of the Florida Driver and Vehicle Information Database.

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“Affidavit in Support of Criminal Complaint (Middle District of Florida, Document 1, filed August 20, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-24-cr-00123-dkt-1-m-d-fla-6f455cf7b4/, SHA-256 d1cf1657849c3b375df54589dd6a7dee5d495d0edecd49d8d134afac28e3a152.

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Case 5:24-cr-00123-TPB-PRL Document 1 Filed 08/20/24 Page 1 of 7 PageID 16

SEALED

August 20, 2024
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STATE OF FLORIDA CASE NO. 5:24-mj-1202-PRL

COUNTY OF MARION

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Jon Bergevin, being duly sworn, do hereby state the following:

1. This affidavit is submitted in support of a criminal complaint against

Nichols Robert DAVIS, for a violation of 18 U.S.C. § 1470 (knowingly transferring

or attempting to transfer obscene matter to a minor). As set forth in more detail

below, there is probable cause to believe that on July 24, 2024, DAVIS transferred

obscene material to another individual whom he believed to be only 13 years of age.

5. I am a Special Agent (SA) with the United States Department of

Homeland Security (hereinafter DHS), Homeland Security Investigations

(hereinafter HSI). I am currently assigned to the HSI office in Gainesville, FL,

working in Marion County, in the Middle District of Florida. I have been assigned

as a Special Agent since December 2017. Prior to HSI, I was employed as a Special

Agent with the New Mexico Attorney General’s Office. During this time, I have

conducted and assisted with multiple investigations related to the possession, receipt

and distribution of child pornography and other offenses involving the exploitation

of children. I have attended training at the Federal Law Enforcement Training

Center (FLETC). I have also received specific training in the investigation of

internet crimes against children. As a special agent, I am authorized to investigate

violations of laws of the United States and to execute warrants issued under the

authority of the United States.
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6. Because this affidavit is being submitted for the limited purpose of

establishing probable cause for the issuance of a criminal complaint, I have not set

forth each and every fact learned during the course of this investigation.

PROBABLE CAUSE STATEMENT

7. On July 24, 2024, I was conducting an undercover operation posing as

a 13-year-old female (UC). While conducting the operation I was physically located

in Marion County, Florida, within the Middle District of Florida. An individual with

a username “Zealousideal-Type30” (later identified as DAVIS) reached out to me on

the social media/chat platform Reddit. DAVIS identified himself as a 30-year-old

male living in Ocala, Florida. The UC responded that she was a 13-year-old female

living in Florida. The UC told DAVIS she was younger than him. They discussed

age with DAVIS telling the UC, “Persuade me.. how old are you really then?”

8. The UC asked if they could chat on Snapchat or Telegram. DAVIS

asked for the UC’s Snapchat and then told the UC he added her. An account with

the display name “Nick,” username nicnocturnal013, contacted the UC’s Snapchat

account. On Snapchat, DAVIS told the UC, “Hey.. so persuade me.. what’s your

real age.” The UC told DAVIS she was 13. DAVIS acknowledged the UC’s age and

asked why she would want someone significantly older.

9. During the communication DAVIS told the UC, “I get it but if you are

actually who you say you are you gotta understand that I’m at risk too. Not only

with the law but with everything. I would appreciate if you could send me a live pic

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or video telling me your age. We both need to be extremely cautious if you’re this

person.”

10. DAVIS told the UC he had his own place, and the UC should see it.

DAVIS asked the UC if she knew where the 484 was, he stated he lived down that

way by Belleview. DAVIS also asked the UC what she would want to do if he came

to pick her up. DAVIS told the UC he would like to show her a few things she might

be interested in doing and stated he was more of a hands-on teacher.

11. An undercover (UC) Marion County Sheriff’s Office (MCSO) Detective

placed a video call to DAVIS on Snapchat. During the video call, the MCSO

detective advised me that DAVIS had exposed his penis to her. After the video call

DAVIS asked the UC, “Did you like what you saw?”

12. The communication between DAVIS and the UC continued. DAVIS

described the feeling leading up to an orgasm to the UC. The UC asked if he could

make her feel like that, and how he would make it feel like that. DAVIS replied,

“Sliding my cock deep inside your Virgin pussy.. teasing your clit with the head of

my dick, fingering you and licking it. Bending you over my counter top and make

you take it from behind while I pull your hair just a little bit.” DAVIS told the UC he

was a “pleasure dom.” DAVIS also told the UC, “I’m honestly still so nervous.. I

lost my virginity at 13 to..” DAVIS and the UC continued to discuss sex and

potentially meeting. DAVIS told the UC he was off early on Friday and could get

her then.

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13. As the communication continued DAVIS told the UC he was still hard

even though he made himself cum thinking about the UC sitting on his face. The UC

asked if it was hard like when he showed her. DAVIS said it was still hard like that

and asked if the UC wanted to see it again. DAVIS sent the UC a video of himself

masturbating on Snapchat. In the video a fully exposed penis is visible, and a hand is

touching the penis.

IDENTITY

14. HSI served Reddit a summons requesting information associated with

the Zealousideal-Type307 account. Reddit responded that the associated e-mail

address was onyxwing1352@gmail.com. On July 24, 2024, the IP address

68.202.187.252 appeared in the Reddit IP logs.

15. HSI served Snapchat a summons requesting information associated

with the niconcturnal013 Snapchat account. Snapchat responded that the associated

e-mail address was onyxwing13@aol.com. The account creation IP address was

68.202.187.252. The account display name was “Nick.”

16. HSI served Google a summons requesting information on the

onyxwing1352@gmail.com Google e-mail account. Google responded that the name

associated with the account was “nick davis.” The alternate/recovery e-mail was

onyxwing13@aol.com.

17. HSI served Charter Communications a summons requesting

information on IP address 68.202.187.252. Charter Communications replied that the

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subscriber name was under the last name of DAVIS, with the service address at a

specific residence on SW 32nd Terrace Rd, Ocala, FL.

18. A search of the Florida Driver and Vehicle Information Database

(DAVID) revealed a driver’s license record for Nicholas Robert DAVIS. His listed

address matched the service address SW 32nd Terrace Rd, Ocala, FL. The address is

approximately half a mile south of 484, near I-75. This is consistent with the

description DAVIS provided the UC.

PHOTOGRAPHS

(Above left, screenshot from a Snapchat video call between the UC MCSO Detective and
DAVIS. Above right, Nicholas Robert DAVIS - Florida driver’s license photograph.)

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20th

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