Timothy Powers Indictment
Timothy Powers Indictment
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CRIMINAL COMPLAINT
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Case 1:18-cr-20366-TLL-PTM ECF No. 1 filed 05/15/18 PageID.2 Page 2 of 6
COMPLAINT AFFIDAVIT
have been so employed since January 2010 when I was assigned to the Bay City
Resident Agency of the FBI Detroit Division. While employed with the FBI, I
have investigated a variety of federal criminal violations, including but not limited
also have received training that qualifies me to extract and forensically examine
2013.
complaint and arrest warrant for Timothy D. Powers for violations of 18, U.S.C.
knowingly access with intent to view any material that contains child pornography
enforcement professionals.
Sheriff s Office went to a Walmart store located at 4730 Encore Blvd., Mount
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Case 1:18-cr-20366-TLL-PTM ECF No. 1 filed 05/15/18 PageID.3 Page 3 of 6
demonstration computer at that store. Deputy Root met with a Walmart asset
protection officer who had been informed by other Walmart employees that a
demonstration laptop computer had been used to search for inappropriate images of
underage children. After looking at the laptop computer, Deputy Root seized it as
pomography, as well as numerous terms and phrases that were used in searches
Deputy Clark's forensic examination that the demonstration laptop computer had
been used to view child pomography and to conduct searches related tci child
pornography on multiple dates and times. Walmart employees gave Det. Heugel
corresponded with the dates and times when the laptop had been used to search for
surmised that Timothy Powers was the person seen using the laptop in that video.
Det. Heugel was familiar with powers because powers has had repeated
contact
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obstructed traffic by panhandling in the roadway near the Walmart. Det. Heugel
also knew that Powers had recently been reported missing. Consequently, Det
Heugel went to Power's residence. When he arrived at the residence, Det. Heugel
found Powers and noted that Powers was wearing clothing and had a backpack that
matched the clothing and backpack of the person using the laptop during the
Heugel to report that two demonstration tablet computers at the store had child
was shown the tablets and the content that appeared to have been accessed on April
3, 2018. Det. Heugel agreed that content appeared to be child pornography, seized
those devices as evidence as well, and obtained consent from Walmart to have the
devices forensically searched. After reviewing the Walmart security camera video
that corresponded with the times when child pomography was accessed on those
tablets, Det. Heugel saw that the person who was using the tablets during the
relevant times was Powers. Det. Heugel therefore obtained a state arrest warrant
for Powers.
9. on April 9,2078, Powers was located near the walmart and arrested
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10. Det. Heugel, with Deputy Root present, interviewed Powers. During
the interview, Powers indicated that he knew he should not be searching for child
pomography. Powers said that he would "X" out of the page he was looking at on
a Walmart computer when anyone came near him. Det. Heugel asked Powers how
many underage nude photos he had looked at on the Walmart computers and
$2256(8). I have obtained a disc from the forensic examination ofthe frrst seized
computer and reviewed some of the images on that disc. During my review ofthat
disc I also found images on that disc that are child pomography pursuant to that
federal statutory definition. Some of the images include children that have been
databases. Based on the search terms used by Powers while using the Walmart
computer devices, such as "Girl Ages 0 to I 2 naked," "little kids age I 2 naked,"
"10 years old girl naked," and "9 yaers girls play wih herself," (all spellings and
format as typed by Powers), there can be little dispute over the fact that he was
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confident that the searches conducted by Powers while using the various Walmart
14. Based on the above, I submit that there is probable cause to believe
that during March and April of 2018, Timothy D. Powers violated 18 U.S.C.
s---.
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Douglas Smith
Special Agent, FBI
cla T. Morris
United States Magistrate Judge