Case 1:21-mj-00176-NRN Document 1 Filed 10/26/21 USDC Colorado Page 1 of 1

UNITED STATES DISTRICT COURT

for the
District of Colorado

United States of America ) Case No. 21-mj-00176-NRN

)
v. )
)
)
ROBERT EARL GLASPER III,
)
Defendant(s)

CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is true to the best of my knowledge and belief:
On or about October 25, 2021, in the State and District of Colorado and elsewhere, ROBERT EARL
GLASPER violated:

Code Section Offense Description

(1) 49 U.S.C. § 46506(1) Sexual contact without permission within special aircraft jurisdiction
& 18 U.S.C. § 2244(b)
(2) 49 U.S.C. § 46506(2) Lewd, indecent, obscene acts within special aircraft jurisdiction
(3) 49 U.S.C. § 46506(1) Simple assault within special aircraft jurisdiction
& 18 U.S.C. § 113(a)(5)

This criminal complaint is based on these facts:

See Affidavit attached hereto and herein incorporated by reference.
X Continued on attached sheet.
/s Brandon Barnes .
Complainant’s signature

Special Agent Brandon Barnes _

Printed name and title

Sworn to before me and: signed in my presence.

xx submitted, attested to, and acknowledged by reliable electronic means.

Date: 10/26/2021
_______ ____________________________
Judge’s signature
Denver, Colorado Magistrate Judge N. Reid Neureiter
City and state: ___________________ ____________________________
Printed name and title
Case 1:21-mj-00176-NRN Document 1-1 Filed 10/26/21 USDC Colorado Page 1 of 1

DEFENDANT: ROBERT EARL GLASPER

YOB/AGE: 1995/26 years

COMPLAINT ______ Yes ___x____ No

FILED?
If Yes, MAGISTRATE CASE NUMBER_____________

OFFENSE(S): (1) 49 U.S.C. § 46506(1) & 18 U.S.C. § 2244(b) (Sexual contact without
permission within special aircraft jurisdiction)
(2) 49 U.S.C. § 46506(2) (Lewd, indecent, obscene acts within special aircraft
jurisdiction)
(3) 49 U.S.C. § 46506(1) & 18 U.S.C. § 113(a)(5) (Simple assault within special
aircraft jurisdiction)

LOCATION OF
OFFENSE: Denver County, Colorado

PENALTY: (1) 49 U.S.C. § 46506(1) & 18 U.S.C. § 2244(b)  NMT 2 years imprisonment;
NMT $250,000 fine, or both; NMT 1 year SR, $100 SA
(2) 49 U.S.C. § 46506(2)  NMT 90 days’ imprisonment; NMT $5,000 fine, or
both; NMT 1 year SR; $10 SA
(3) 18 U.S.C. § 113(a)(5)  NMT 6 months’ imprisonment; NMT $5,000 fine, o
both; NMT 1 year SR; $10 SA

AGENT: SA Brandon Barnes, FBI

AUTHORIZED Andrea Surratt

BY: Assistant U.S. Attorney

ESTIMATED TIME OF TRIAL:

x five days or less ____ over five days

THE GOVERNMENT

X will seek detention in this case based on 18 U.S.C. § 3142(f)(1)

The statutory presumption of detention is not applicable to this defendant.

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AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Brandon Barnes, Special Agent with the Federal Bureau of Investigation, being duly sworn,
deposes and states under penalty of perjury that the following is true to the best of my
information, knowledge and belief.

AGENT BACKGROUND & INTRODUCTION

1. I am a Special Agent with the Federal Bureau of Investigation (FBI), and have been since
March 2020. I am a graduate of the FBI Academy in Quantico, Virginia and am currently
assigned to the Joint Terrorism Task Force (JTTF) at the FBI Denver Office. My current
duties include, but are not limited to, responding to and investigating federal criminal
violations occurring on aircraft. I have received training and instruction in the field of
investigation of crimes aboard aircraft and have had the opportunity to participate in
investigations relating to such crimes, including sexual assault occurring on an aircraft.

2. Because this affidavit is being submitted for the limited purpose of securing an arrest
warrant, I have not included each and every fact known to me concerning this investigation.
I have set forth facts that I believe are necessary to establish probable cause to believe that
ROBERT EARL GLASPER violated 49 U.S.C. § 46506(1) & 18 U.S.C. § 2244(b) (sexual
contact without permission within special aircraft jurisdiction), 49 U.S.C. § 46506(2) (lewd,
indecent, obscene acts within special aircraft jurisdiction), and 49 U.S.C. § 46506(1) & 18
U.S.C. § 113(a)(5) (assault).

3. The information contained within the affidavit is based on my training and experience, as well as
information imparted to me by other law enforcement officers involved in this investigation.

APPLICABLE LAW

4. 49 U.S.C. § 46506(1) states that “[a]n individual on an aircraft in the special aircraft jurisdiction
of the United States who commits an act that . . . if committed in the special maritime and
territorial jurisdiction of the United States . . . would violate section 113. . . or chapter 109A of
title 18, shall be fined under title 18, imprisoned under that section or chapter, or both.”

5. 18 U.S.C. § 2244(b), which is a statute in chapter 109A of title 18, states that “[w]hoever, in the
special maritime and territorial jurisdiction of the United States . . . knowingly engages in sexual
contact with another person without that other person’s permission shall be fined under this title,
imprisoned not more than two years, or both.”

6. “Sexual contact” is defined in 18 U.S.C. § 2246(3) as “the intentional touching, either directly or
through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person
with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any
person.”

7. “Special aircraft jurisdiction of the United States” is defined in 49 U.S.C. § 46501(2) as, among
other things, an “aircraft in the United States” that is an “aircraft in flight.”

8. 49 U.S.C. § 46506(2) states that “[a]n individual on an aircraft in the special aircraft jurisdiction
of the United States who commits an act that . . . if committed in the District of Columbia would

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violate section 9 of the Act of July 29, 1892 (D.C. Code § 22-1112), shall be fined under title 18,
imprisoned under section 9 of the Act, or both.”

9. D.C. Code § 22-1112 is now codified at § 22-1312, and makes it unlawful for “a person, in
public, to make an obscene or indecent exposure of his or her genitalia or anus, to engage in
masturbation, or to engage in a sexual act . . . . A person who violates any provision of this
section shall be guilty of a misdemeanor and, upon conviction, shall be . . . imprisoned for not
more than 90 days . . . .”

10. 18 U.S.C. § 113(a)(5), states that “[w]hoever, within the special maritime and territorial
jurisdiction of the United States, is guilty of an assault shall be punished” for a “simple assault”
by imprisonment of not more than 6 months . . . .”

PROBABLE CAUSE

Background

11. On October 25, 2021, a Denver Police Department (DPD) Officer (“Officer-1”) was contacted
regarding a physical disturbance on a domestic airline flight, inbound to Denver, Colorado from
Sacramento, California (the “Flight”). The Flight arrived at the Denver International Airport
(DIA) at approximately 8:44 PM Mountain Daylight Time (MDT) on October 25, 2021. When
Officer-1 arrived at the airplane, the pilot informed him that a sexual assault had occurred on the
airplane in which one passenger grabbed another passenger. A flight attendant provided Officer-
1 with written statements from the alleged victim (the “Victim”) and a witness (the “Witness”).
Officer-1 contacted the suspect, later identified by his California driver’s license as Robert Earl
Glasper III.

12. A second DPD office (“Officer-2”) took the written statements from Officer-1 and contacted the
Federal Bureau of Investigation (FBI). At approximately 9:05 PM MDT, Officer-2 briefed me
Barnes on the incident over the telephone. I subsequently traveled to the airport. While at the
airport, I reviewed written statements and interviewed the Witness, Victim, and GLASPER, as
described below.

Victim’s Statements

13. On the Flight, the Victim sat in seat 18B, the middle seat. GLASPER sat in seat 18A, next to the
window and to the left of the Victim. A female passenger (the “Female Passenger”) sat in seat
18C, to the Victim’s right.

14. The Victim first noticed GLASPER boarding the airplane and commented that GLASPER
appeared to be “under the influence.” GLASPER “looked lost” as he would stare out the
window and look around at his surroundings. The Victim noticed that GLASPER was wearing a
face mask containing a picture of marijuana and the Victim commented to GLASPER that he
liked the face mask. GLASPER then commented to the Victim that this was the first time he had
flown on an airplane. The Victim assumed GLASPER was nervous.

15. After the airplane doors closed, the Victim attempted to put on his seatbelt, but noticed
GLASPER was sitting on it. The Victim said to him “I think you may be sitting on my buckle”
and the Victim partially stood up to “hover” over the seat and allow GLASPER to retrieve his
own seatbelt. At this point, GLASPER reached out with his hand and grasped the left side of the

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Victim’s buttocks, giving a squeeze. The Victim was reluctant to call attention to the incident
and instead quickly sat down after grabbing and fastening his seatbelt. As the airplane taxied,
took off, and was ascending to cruising altitude, GLASPER repeatedly put his hand on top of the
Victim’s left leg, applying slight pressure with his fingers and making a “cupping motion” with
his hand. GLASPER’s hand did not move to the Victim’s groin area or inner thigh. During this
same time period, GLASPER also repeatedly attempted to hold the Victim’s hand. But because
the Victim maintained both of his hands firmly in his lap, GLASPER was only able to put his
hand on top of the Victim’s hands. Contacts on the Victim’s leg and hands would last from
between a few seconds to a couple of minutes in duration. GLASPER also repeatedly asked the
Victim to “jerk him off.” The Victim did not respond and tried to ignore GLASPER.

16. After the flight reached cruising altitude, GLASPER began to repeatedly ask the Victim to
switch seats. The Victim believes this was to be closer to the Female Passenger in seat 18C.
The Victim refused to switch seats with GLASPER, as the Victim wanted to spare the Female
Passenger of the discomfort of sitting next to GLASPER. GLASPER then left his seat to use the
lavatory. At this point, the Victim wrote a text message on his phone and physically showed it to
the Female Passenger in seat 18C. The message read “Ummm this guy is really handsy and a
creep.” The Female Passenger nodded in agreement but did not do anything else.

17. GLASPER returned from the lavatory, retrieved his jacket and plastic bag of belongings, and
went back towards the rear of the airplane. He returned shortly thereafter. GLASPER then
attempted to hold the Victim’s hand and touch his leg again. At this point, the Victim noticed
that GLASPER appeared to have an erection. GLASPER began masturbating and exposed his
penis to the Victim saying to the Victim “look at this.” The Victim turned away and did not see
the ejaculation, but saw GLASPER wiping his hands in the area between seats 18A and 18B.
Shortly after this incident, the Female Passenger in 18C and a woman named sitting across the
aisle—the Witness—contacted a flight attendant and the Victim was moved away from
GLASPER and closer to the front of the airplane. The Victim sat in the new seat and cried.

18. The Victim did not verbally communicate with GLASPER after asking GLASPER about his
seatbelt. The Victim did not encourage GLASPER’s behavior. At some points, the Victim
physically turned his back toward GLASPER and moved as far as he could away from him. But
the Victim also did not want to infringe on the personal space of the Female Passenger in seat
18C. The Victim also played games on his cellular telephone in an attempt to ignore GLASPER.

The Witness’s Statements

19. The Witness was seated in 18D, across the aisle from GLASPER and the Victim. When
GLASPER boarded the airplane, the Witness noticed that he appeared anxious, distraught, and
fidgety. GLASPER did not appear to be able to sit still. GLASPER repeatedly opened and
closed his window shade and was frequently looking around at people and his surroundings in an
odd way. GLASPER was seated at a window seat and the Victim was seated next to him.

20. As the flight progressed, the GLASPER noticed that the Victim appeared uncomfortable. At one
point, the Victim showed the woman passenger next to him a text message saying, “I’m getting
creeper vibes.” The Witness was able to see the Victim’s cellular phone displaying the message
from across the aisle. The Victim turned his back to the subject. The Witness noticed that
GLASPER touched the Victim’s hand. The Victim appeared paralyzed and deeply
uncomfortable.

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21. At one point, GLASPER attempted to use the lavatory, but was unable to due to a food cart
blocking the aisle. After returning to his seat, GLASPER exposed his penis and began to
masturbate. After finishing his masturbation, GLASPER wiped his hands on the seat. After
masturbating, GLASPER grabbed his personal belongings and went to the lavatory. Later, the
Witness heard from a flight attendant and two woman that GLASPER had attempted to sit
between the two women while going to or from the lavatory. While Glasper was gone, the
Witness asked the Victim “Are you ok?” He responded, “I don’t think so.” When GLASPER
returned, the Witness contacted the flight attendant, who found new seats for the Victim and the
Witness.

22. The Female Passenger sitting on the other side of the Victim was asleep for most of the
previously described events.

GLASPER’S Statements

23. GLASPER did not provide a written statement to DPD after the incident. When he arrived at the
airplane, Officer-1 verbally advised GLASPER of his Miranda Rights and told GLASPER he
was accused of sexual assault, whereupon GLASPER responded that he did not know what
Officer-1 was talking about. GLASPER stated that the incident was consensual and that he did
not want to talk anymore.

24. I also attempted to interview GLASPER with another DPD officer present for the interview. I
verbally provided GLASPER with Miranda Rights. GLASPER did not appear to initially
understand, but eventually responded in the affirmative when asked if he understood.
GLASPER repeatedly stared for long periods of time at me without responding to questions.
When GLASPER did speak, his words were difficult to understand. GLASPER said he was
from Oakland, California. He was traveling to visit his grandfather in or near Dallas, Texas.
GLASPER could not remember his grandfather’s telephone number and was unable to log into
his cellular telephone to retrieve the number.

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25. GLASPER said he was lying down next to the window on the airplane. GLASPER said that the
“other person” (which I understood to mean the Victim) was grabbing GLASPER’s leg and
holding GLASPER’s hand. This “other person” was smiling and laughing. He was playing a
game on his cellular telephone and talking.

I declare under penalty of perjury that the foregoing is true and correct to the best of my information,
knowledge, and belief.

s/ Brandon Barnes
Special Agent Brandon Barnes
Federal Bureau of Investigation

26th day of October, 2021

Sworn to before me by reliable electronic means this_____

____________________________
Hon. N. Reid Neureiter
United States Magistrate Judge
District of Colorado

Affidavit reviewed and submitted by Andrea Surratt, Assistant United States Attorney.