Case 6:22-mj-00569-MJP Document 1 Filed 04/14/22 Page 1 of 12

AO 91 (Rev. 02/09) Criminal Complaint

United States District Court

for the
Western District of New York

United States of America

Case No. 22-MJ-569
v.

TOMAS ROSARIO
Defendant

CRIMINAL COMPLAINT
I, Carlton Turner. Task Force Officer. Federal Bureau of Investigations. the complainant in this case, state that the
following is true to the best of my knowledge and belief:

On or about March 10, 2022, in the Western District of New York, the defendant TOMAS ROSARIO knowingly
attempted to violate 18 U.S.C. § 2252A(a)(2), an offense descnbed as follows:

the defendant did knowingly attempt to receive material that contained child pornography using any means or facility of interstate
or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer,

in violation of Title 18, United States Code, Section 2252A(a)(2); and

On or about April 13, 2022, in the Western District of New York, the defendant TOMAS ROSARIO knowingly violated
18 U.S.C. § 2252A(a)(S), an offense described as follows:

The defendant did knowingly possess material that contained an image of child pornography that has been mailed, or shipped or
transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any
means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in or
affecting interstate or foreign commerce by any means, including by computer,

in violation of Title 18, United States Code, Section 2252A(a)(S); and

On or about March 11, 2022, in the Western District of New York, the defendant TOMAS ROSARIO knowingly
violated 18 U.S.C. § 1512(b)(3), an offense described as follow:

The defendant did knowingly and intentionally attempt to use intimidation, threatens, or corruptly persuades another person with
intent to hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information
relating to the commission or possible commission of a federal offense,

in violation of Title 18, United States Code, Section 1512(b)(3).

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This Criminal Complaint is based on these facts:

SEE ATIACHED AFFIDAVIT OF Carlton Turner, TFO, FBI

181 Continued on the attached sheet.

v Complainant's s,g;(;t;;;c...

Carlton Turner, TFO, FBI

Printed name and title

Application submitted by email/pdf and attested to me and before me as true and accurate by telephone consistent
with Fed.R.Crim.P. 4.1 and 41(d)(3).
Date: April 14, 2022
Judge's signature

City and State: Rochester, New York HON. MARK W. PEDERSEN. U.S. Magistrate Judge
Printed name and title

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AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT

STATE OF NEW YORK )

COUNTY OF MONROE ) ss:
CITY OF ROCHESTER )

I, Carlton Turner, having been first duly sworn, do hereby depose and state as

follows:

INTRODUCTION

1. I am a sworn Task Force Officer with the Federal Bureau of Investigation and

an Investigator for the Rochester Police Department (RPD). I have been a member of the

Rochester Police Department since May 1998 and assigned to the Federal Bureau of

Investigation Child Exploitation Task Force since October 2015. I am trained to

investigate and have participated in investigations involving a wide range of local, state, and

federal criminal violations. In my position with the FBI Child Exploitation Task Force, I

am responsible for investigating crimes against children, including the production and

possession of child pornography in violation of Federal Law. As a duly sworn FBI Task

Force Officer, I am empowered to conduct investigations of and make arrests for offenses

against the United States.

2. This affidavit is submitted for the limited purpose of establishing probable

cause to believe that TOMAS ROSARIO knowingly violated and attempted to violate Title

18, United States Code, Section 2252A(a)(2) (Attempted Receipt of Child Pornography),

Title 18 United States Code, Section 2252A(a)(5) (Possession of Child Pornography), and

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Title 18, United States Code, 1512(b)(3) (Attempted Tampering with a Witness)

(hereinafter, collectively the “TARGET OFFENSES”).

3. The information contained in this affidavit is based upon my personal

knowledge and observation, my training and experience, conversations with other law

enforcement officers and witnesses, and the review of documents and records.

4. Because this affidavit is being submitted for the limited purpose of securing a

criminal complaint, I have not included each and every fact known to me concerning this

investigation. I have set forth only the facts that I believe are necessary to establish

probable cause that Tomas ROSARIO did knowingly commit and attempt to commit the

TARGET OFFENSES.

PROBABLE CAUSE

5. On or about March 11, 2022, at 9:30P.M., the Rochester Police Department

(“RPD”) received a report of a sexual assault of a 13-year-old female (hereinafter the

“Minor Victim”).

6. RPD officers responded to the Minor Victim’s residence and spoke with the

Minor Victim and her mother (hereinafter “Cooperating Witness 1” or “CW1”).

7. CW1 told officers that the Minor Victim had disclosed to CW1 that her

school bus driver (later identified as Tomas ROSARIO) had touched her inappropriately.

CW1 reported that she knew her driver as “Tom”. An RPD Investigator then contacted

National Express Transportation and learned that the driver for the minor was TOMAS

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ROSARIO.

8. Minor Victim told officers that ROSARIO touched her in her front waist area.

The officers took the initial report, and the matter was referred to an investigator for

follow-up.

9. On March 15, 2022, an RPD Investigator contacted National Express

Transportation and learned that the incident was captured on surveillance cameras installed

on the school van, as pictured below:

10. The RPD Investigator obtained a copy of the audio and video recording of the

incident.

11. On March 23, 2022, I reviewed the recording. It shows the following:

a. On March 10, 2022, at approximately 7:20 AM Minor Victim is picked up for

school at her residence.

b. Minor Victim enters the transportation van and sits in the front seat next to

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the driver, ROSARIO. Minor Victim and ROSARIO are the only occupants

of the vehicle.

c. While on the way to school, ROSARIO begins asking the Minor Victim

inappropriate questions regarding her dating status and what sexual activity

she engages in. ROSARIO asks Minor Victim if she has a boyfriend and

whether or not she would ever “LOLLIPOP” a boy or girl. Based on my

training and experience, I believe that the term “lollipop” refers to performing

oral sex.

d. Further, ROSARIO asks the Minor Victim if she has ever watched her

parents be intimate. ROSARIO then inquires whether the Minor Victim has

ever let her past boyfriend grab her “LITTLE THING.”

e. During the video, ROSARIO is seen holding a cell phone. ROSARIO then

drives the Minor Victim past a home that he indicates is his residence and

tells the Minor Victim that, if there comes a day where she does not want to

go to school, he could provide her with his phone number so that Minor

Victim could call him.

f. ROSARIO then asks Minor Victim her age at which time Minor Victim says,

“14”. Minor Victim is 13 years old.

g. During the conversation ROSARIO tells Minor Victim not to tell anyone

about their conversation.

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h. ROSARIO continued is conversation with Minor Victim stating that one day

they could take a ride and he could show Minor Victim his penis.

ROSARIO tells Minor Victim that “DING-A-LINGS” come in all different

sizes. Further, ROSARIO explains to the Minor Victim that people suck his

“DING-A-LING” and that sperm is swallowed.

i. ROSARIO then suggests that the Minor Victim should masturbate that night

and grabs Minor Victim’s hand and begins to rub her finger explaining how to

masturbate.

j. Minor Victim exits the transportation vehicle at approximately 8:08 AM as

she arrives at school.

k. That afternoon, on March 10, 2022, at approximately 2:37 PM, the Minor

Victim reenters the transportation vehicle.

l. Once again, ROSARIO and the Minor Victim are the only occupants of the

vehicle.

m. ROSARIO gives the Minor Victim a piece of paper and indicates that his

phone number is written on it.

n. ROSARIO tells the Minor Victim that she can call him when she doesn’t

want to go to school.

o. As ROSARIO begins to drive the Minor Victim home, he once again beings

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to discuss sexual activities with her.

p. Then he grabs the Minor Victim’s hand and directs her to put one of her

fingers inside her vagina and pull it out so that he can smell it.

q. Minor Victim reminds ROSARIO about the camera inside the vehicle.

ROSARIO instructs the Minor Victim to take a picture of “IT” (referring to

her vagina) when she gets home and send it to him. Based on my training

and experience, I believe that a photograph of Minor Victim’s vagina would

constitute child pornography, as defined by Title 18, United States Code,

Section 2256(8).

r. ROSARIO waits until he is stopped in traffic and takes off his school safety

vest. ROSARIO places the vest on the Minor Victim’s lap and directs her to

unbutton her jeans. ROSARIO again tells the Minor Victim to put her finger

inside her “PUSSY” so he that can smell her finger. The Minor Victim

complies. As the Minor Victim removes her hands from her pants,

ROSARIO takes the Minor Victim’s hand and smells her finger.

s. ROSARIO then has the Minor Victim perform the acts again and smells her

finger as she removes it from her vagina.

t. As ROSARIO continues to drive the Minor Victim home, he places his hand

under the safety vest that was previously draped across the Minor Victim’s

lap. Shortly after, ROSARIO removes his hand and continues to drive.

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u. A short time later, ROSARIO places his hand under the safety vest a second

time and asks the MINOR VICTIM if she would like him to stick his finger in

her “PUSSY.” ROSARIO directs the Minor Victim to spread her legs open,

and he again puts his hand under the safety vest and appears to be touching

the Minor Victim’s vagina. After ROSARIO removes his hand, he once

again smells his fingers.

v. ROSARIO repeats the process of placing his hand on the Minor Victim’s

vagina and then smelling his fingers a third and fourth time. When

ROSARIO removes his hand the fourth time, he tells the Minor Victim that

he is going to show her his “DICK” one day.

w. ROSARIO places his hand under the vest a fifth and then tells the Minor

Victim that her “PUSSY” is wet.

x. ROSARIO then momentarily stopped driving and performs the act a sixth

time. This time, when ROSARIO removes his hand, he asks Minor Victim if

she liked it.

y. ROSARIO then tells the Minor Victim his tongue would be nice.

z. ROSARIO tells the Minor Victim that, one day, he could pick her up and

bring her to his house. ROSARIO tells the Minor Victim that she could just

say she was going to a friend’s house and go with him. ROSARIO then asks

Minor Victim if she would like to “FUCK” one of these days and that he

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could put his “DICK” in her “PUSSY.”

aa. ROSARIO tells the Minor Victim again not to tell anyone because he could

have a big problem.

bb. ROSARIO then places his hand under the vest and on the Minor Victim’s

vagina a seventh time and tells the Minor Victim to open her legs.

ROSARIO then leans over, pulls back the safety vest, and exposes the Minor

Victim’s vagina to the security camera briefly.

cc. ROSARIO asks the Minor Victim if anyone had touched her like that before.

dd. ROSARIO then tells the Minor Victim to button her pants up as he arrives at

the Minor Victim’s residence. ROSARIO tells the Minor Victim that he will

pick her up tomorrow and take her to his place. The Minor Victim then exits

the vehicle and ROSARIO drives away.

12. On March 11, 2022, at approximately 4:00 PM, ROSARIO approached

Victim inside the Price Rite located at 375 Driving Park, Rochester, New York.

ROSARIO in sum and substance asked the Minor Victim not to say anything that happened

to anyone. This encounter was video recorded by security cameras located inside the Price

Rite.

13. On April 13, 2022, ROSARIO was taken into custody and interviewed by

RPD. ROSARIO was in possession of a Motorola Mobile phone, model: moto g play

(2021), IMEI: 351647114633012. ROSARIO was taken back to the Rochester Police

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Department and was read Miranda Warnings. ROSARIO agreed to speak with the RPD

Investigator. During the interview, ROSARIO acknowledged requesting the Minor Victim

to send him an image of her vagina to his mobile phone. The interview was recorded and

can be referred to for specifics.

14. On April 13, 2022, I drafted a search warrant for the Motorola Mobile phone

belonging to ROSARIO. The warrant was granted by Monroe County Supreme Court

Judge Hon. Victoria Argento. I searched the Motorola Mobile Phone and found a video

depicting an unknown minor female engaging in sexual intercourse with a male of an

unknown age. The minor female appears to be approximately 14 to 16 years old. At the

one point, the male chokes the minor female while continuing to engage in sexual

intercourse with her. In the background of the video, you can see an approximately 8- to

10-year-old girl in the room, watching the intercourse take place. At the end of the video, a

male voice says, “you see I’m fucking the shit out of your sister right now.” Based on my

training and experience, I believe that this video constitutes child pornography as defined by

Title 18, United States Code, Section 2256(8).

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CONCLUSION

15. Based upon the foregoing, your affiant respectfully submits that there is

probable cause to believe that Tomas ROSARIO has committed the TARGET

OFFENSES.

(?..Jr_ct�
Carlton Turner
Task Force Officer
Federal Bureau of Investigation

Affidavit submitted electronically by email

in .pdf format. Oath administered, and
contents and signature, attested to me as
true and accurate telephonically pursuant
to Fed. R. Crim. P. 4.1 and 41(d)(3) on
this 14th day of April 2022.

HON. MARK W. PEDERSEN

United States Magistrate Judge

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