Smith (daybreak) Complaint

AUSA Matthew F. Madden (312) 886-2050

AO 91 (REV.5/85) Criminal Complaint

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA CRIMINAL COMPLAINT v.

JERMAINE SMITH

CASE NUMBER:

I, the undersigned complainant, being duly sworn on oath, state that the following is true and correct to the best of my knowledge and belief: On or about April 8, 2009, at Joliet, in the Northern District of Illinois, Eastern Division JERMAINE SMITH defendant herein: did, by violence, force and intimidation, take from the person and the presence of bank employees, approximately $71,598 in United States Currency belonging to or in the care, custody, control, management, and possession, of Harris Bank, 207 N. Midland, Joliet, Illinois, the deposits of which were then insured by the Federal Deposit Insurance Corporation; in violation of Title 18, United States Code, Section 2113(a). I further state that I am a Special Agent with the Federal Bureau of Investigation, and that this complaint is based on the facts contained in the Affidavit which is attached hereto and incorporated herein.

Signature of Complainant

BRIAN S. CLARK Special Agent, Federal Bureau of Investigation Sworn to before me and subscribed in my presence,

April 9, 2009 Date

at Chicago, Illinois City and State

SUSAN E. COX, U.S. Magistrate Judge Name & Title of Judicial Officer

Signature of Judicial Officer

AFFIDAVIT

I, Brian S. Clark, being duly sworn depose and state as follows: Introduction 1.

I am a Special Agent of the Federal Bureau of Investigation (“FBI”), and have

been so employed for approximately six years. My duties include the investigation of various violent crimes, including bank robberies, in violation of Title 18, United States Code, Section 2113. 2.

The information contained in this affidavit is based upon personal knowledge

from my participation in this investigation, conversations I have had with others who have knowledge of the events and circumstances described herein, and interviews of bank employees and witnesses. The information below is provided for the limited purpose of establishing probable cause that, on or about April 8, 2009, Jermaine Smith, by force, violence and intimidation, took from the person and presence of bank employees, approximately $71,598 in United States Currency belonging to and in the care, custody, control, management, and possession of the Harris Bank located at 207 N. Midland, Joliet, Illinois, the deposits of which were then insured by the Federal Deposit Insurance Corporation, in violation of Title 18, United States Code, Section 2113 (a). This affidavit does not contain all the facts of which I am aware related to this investigation.

Robbery of the Harris Bank, 207 N. Midland, Joliet, Illinois

3.

On April 8, 2009, the Harris Bank, a financial institution insured by the Federal

Deposit Insurance Corporation, located at 207 N. Midland, Joliet, Illinois was robbed by one black male who forced entry to the bank prior to the opening of the bank. The male approached a bank teller (“Victim A”) when she exited her vehicle. He walked with Victim A to the west door of the bank and motioned for another bank teller (“Victim B”) to open the door. The male then told the victims words to the effect of “If you do what I say, I won’t hurt you.” He then said words to the effect of “go by the vault.” Victim A and Victim B walked with the male and opened the bank vault. The male pulled out a black plastic bag, removed approximately $71, 598 in US currency from the vault and placed it in the bag. The male exited the bank and walked southwest through the parking lot. He then walked around a fence on the south side of the property. The fence separates Harris bank and Jewel grocery store. Surveillance cameras in place at the bank functioned properly and captured the relevant portions of the robbery. 4.

Subsequent to the robbery, Harris Bank notified the Joliet Police Department

(“JPD”) and the FBI of the bank robbery. Investigators from JPD and FBI responded to the Harris Bank to conduct interviews of the victim/witnesses, collect evidence, review the surveillance video and canvass the area for potential outside witnesses. 5.

Harris Bank possesses a video surveillance system. Images of the bank robber

were captured by that system. A copy of the video surveillance was provided to the FBI. I have reviewed the photographs from the Harris bank video surveillance system. Still frames from the video surveillance reveal that the robber was wearing a dark jacket, a light color hooded shirt, at least one dark glove, dark pants, and used a black bag.

6.

Following the robbery, law enforcement interviewed two witnesses who were

present during the Harris Bank robbery. Victim A stated that as she exited her vehicle a black male approached her and pointed toward the door of the bank. Believing this was a bank robbery, Victim A walked with the male to the door of the bank. Victim A and the male were let into the bank by Victim B. Victim B stated that at approximately 7:05 am on April 8, 2009, a black male, approximately 5’5”, approximately 25 years of age wearing a gray hooded sweater, black leather “Sean John” jacket, blue jeans, black Nike gym shoes, and a black scarf over his mouth and nose, approached Victim A as she exited her vehicle. The male and Victim A walked up to the door of the bank. At the door, the male said “If you do what I say, I won’t hurt you.” He then said “go by the vault” and “open the vault.” The victims opened the vault. The male took out a black plastic garbage bag and put gloves on his hands. Victim A described the gloves as black with a white “RW” on them. He then took US currency from the vault and placed it in the bag. He exited the bank through the same door he entered. Victim A watched the male walk southwest through the parking lot, around the fence separating Harris from Jewel. Victim B called 911. Identification of Jermaine Smith 7.

Law enforcement reviewed the surveillance video from Jewel grocery store,

1401 W. Jefferson, Joliet, Illinois. Immediately before and after the approximate time of the robbery, a blue two-door sedan, consistent with a Honda Accord, was observed driving around the parking lot in front of and behind the Jewel. A light color pickup truck was also observed entering the parking lot and parked next to the blue sedan. JPD obtained a license plate from the pickup truck, a Ford silver/gray Ranger, Illinois license plate 888J956 and

identified the owner as Jermaine Smith. A check of known associates of Smith through law enforcement records revealed that Smith was an associate of an individual herein identified as Individual A. A check of the Illinois Secretary of State records revealed a 2007 blue Honda Accord, Illinois license plate XXXX544, was registered to Individual A, at an address in Matteson, Illinois, matching the description of the blue sedan in the surveillance video. Law enforcement located the Honda Accord parked near Individual A’s address in Matteson, Illinois. 8.

An FBI agent, JPD detective, and uniformed Matteson police officers

approached the residence. Jermaine Smith answered the door and allowed access to the residence. Smith at first denied he was Jermaine Smith but then admitted he was indeed Smith. Smith was told he was not under arrest. Smith denied being in Joliet at all on April 8, 2009, denied driving the Honda Accord, and denied robbing the bank. He then requested to speak to an attorney and the agent and officers exited the residence. 9.

This agent and other law enforcement officers looked in the window of the

Honda Accord, which was parked adjacent to the residence in a publicly accessible parking space.

They observed in plain view a black leather “Sean John” jacket, matching the

description of the jacket used in the robbery. The vehicle was secured pending a search warrant. While the agent and officers were outside the residence, Smith walked out on the deck of the residence and initiated conversation with them.

He continued to deny

involvement in the robbery and was told the car was being secured pending a search warrant. 10.

At approximately 8:00 pm, agents and officers outside the residence heard

smoke alarms emanating from the residence and smelled smoke. Smith was observed

opening a window on the north side of the residence. Suspecting Smith was attempting to burn evidence, including but not limited to the US currency from the bank robbery, entry was made through the front door of the residence. Smith exited the residence through a window on the bottom floor of the residence and fled. Smith was pursued and apprehended a short distance, approximately two blocks, from the residence. Matteson Police Officers entering the residence observed US currency being burned in the fireplace and extinguished the fire. The residence was secured pending a search warrant. 11.

A search of the residence at Matteson, Illinois was conducted by Joliet police

officers and FBI agents pursuant to a warrant obtained from the Circuit Court Will County, Illinois. Recovered in the search was partially burned US currency from the area around the fire place which contained three money bands dated Aug 27, 2008. A black duffle bag containing approximately $58,183 in United States currency also was recovered from the residence. Wrapped around stacks of money in the bag were money bands dated October 2, 2008, August 27, 2008, and April 7, 2009. The band dated April 7, 2009 was stamped 6045. According to Victim B, 6045 is a number assigned to a teller at the Harris Bank branch office located at 207 N. Midland in Joliet, Illinois. Also in the bag was an envelope addressed to Jermaine Smith. A large black plastic garbage bag was found in the residence. 12.

Later in the day on April 8, 2009, JPD located the Ford Ranger, license plate

888J956, which had been parked in the Jewel parking lot next to the Harris Bank earlier that morning, in the parking lot of the Holiday Inn Express, 3231 Norman Road, Joliet, Illinois. Joliet officers obtained video surveillance of Holiday Inn Express for April 8, 2008. The video surveillance shows a male matching the appearance of Smith walking up the rear

stairwell at approximately 7:26 am wearing a gray sweatshirt. An individual herein identified as Individual B was an occupant of room 301 and was interviewed by officers. Individual B stated he had met Smith in the parking lot of Jewel the morning of April 8, 2009, and Smith was driving the Honda Accord. Individual B denied knowledge of the robbery. 13.

A search of room 301, Holiday Inn Express, 3231 Norman Dr, Joliet, Illinois

was conducted by Joliet police officers pursuant to a warrant obtained from the Circuit Court of Will County, Illinois. Several pairs of jean matching the description of those worn by the robber were found along with light colored hooded sweatshirts, and a pair of gloves with a white “RW” on them.

Conclusion 14.

Based on the above information, I believe there is probable cause to believe

that Jermaine Smith did, by force, violence and intimidation, take from the person and presence of bank employees, approximately $71,598 belonging to and in the care, custody, control, management, and possession of the Harris Bank branch office located at 207 N. Midland, Joliet, Illinois, the deposits of which were then insured by the Federal Deposit Insurance Corporation, in violation of Title 18, United States Code, Section 2113 (a).

FURTHER AFFIANT SAYETH NOT.

BRIAN S. CLARK Special Agent, Federal Bureau of Investigation

SUBSCRIBED AND SWORN to before me on April 9, 2009.

SUSAN E. COX United States Magistrate Judge