UNITED STATES DISTRICT COURT for the Western District of of Missouri

Transcription

1 AO 91 (Rev. 08/09 Criminal Complaint UNITED STATES DISTRICT COURT for the Western District of of Missouri United States of America v. TIMOTHY POLODNA [DOB: 09/26/1962] Defendant(s Case No. 14-mj-2046-DPR 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 the date(s of July 9, 2014 in the county of Greene County in the Western District of Missouri, the defendant(s violated: Code Section 18 USC 2113 Bank Robbery Offense Description This criminal complaint is based on these facts: See attached affidavit Continued on the attached sheet. /s/ Jeffrey W. Atwood Complainant s signature Jeffrey W. Atwood, SA FBI Printed name and title Sworn to before me and signed in my presence. Date: 07/16/2014 /s/ David P. Rush Judge s signature City and state: Springfield, Missouri David P. Rush, United States Magistrate Judge Printed name and title Case 6:14-mj DPR Document 1 Filed 07/16/14 Page 1 of 1

2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI IN THE MATTER OF THE COMPLAINT AGAINST: Timothy Polodna (White, male DOB: 09/26/1962 SSN: AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT I, Jeffrey W. Atwood, being first duly sworn, do hereby depose and state that: 1. I have been employed as a SA of FBI for fifteen years. I am currently assigned to the Kansas City Division, Springfield Resident Agency of the FBI. As a SA of the FBI I am responsible for investigating various federal violations including Bank Robbery. I am authorized to execute search and arrest warrants issued under the authority of the United States. This affidavit is submitted in support of a Criminal Complaint charging TIMOTHY WAYNE POLODNA with violation of Title 18, USC Section 2113, for the 7/9/2014, robbery of the Bank of America (BOA located at 633 West Kearney Street, Springfield, Missouri. BOA is insured by the Federal Deposit Insurance Corporation (FDIC. 2. The information contained in this affidavit is based upon my own investigation and information provided to me by individuals whom I believe to be reliable. 3. On 7/9/2014, at approximately 10:30 a.m. the Bank of America, located at 633 West Kearney Street, Springfield, Missouri, was robbed by a then unknown subject (UNSUB. The UNSUB entered the bank wearing a ball cap, sunglasses and a large piece of white gauze over his chin. The UNSUB was carrying a gray, Kohl s shopping bag which appeared to contain a shoe box. 4. Upon entering the bank, the UNSUB was greeted by an employee. The UNSUB said that he needed to talk to someone about getting a loan. The UNSUB was then directed to the bank manager s office. After being introduced to branch manager, John Wade, the UNSUB sat down and inquired about a loan to pay for medical expenses. The UNSUB told Mr. Wade that his name was JOHN SMITH. Mr. Wade, who was already on alert due to the UNSUB s apparent disguise, asked the UNSUB to remove his hat and sunglasses. The UNSUB told Mr. Wade, You know why I m here. He then said that Case 6:14-mj DPR Document 1-1 Filed 07/16/14 Page 1 of 5

3 he had an explosive device with a remote. The UNSUB ordered Mr. Wade to stand up, turn around and lift his pant legs as though he was checking Mr. Wade for weapons. He then ordered Mr. Wade to take him to the vault. 5. Mr. Wade, who has experience as a military police officer, thought it was odd that the UNSUB checked him for weapons. Mr. Wade speculated that the UNSUB was either unfamiliar with bank policies which bar employees from carrying weapons or the UNSUB had some experience in security work. 6. Mr. Wade, who had already activated the alarm, attempted to stall the UNSUB and suggested that the UNSUB wait in the office while he went to the vault alone. The UNSUB refused and demanded that he be taken to the vault. Mr. Wade took the UNSUB behind the teller counter to the drive up window where he told a teller to give the UNSUB cash from her teller drawer. 7. After removing cash from her drawer, the teller asked the UNSUB what he wanted her to do with it. The UNSUB told her to put it in his bag on top of a box. The teller complied and noticed that the box inside the bag was a blue in color Starter brand shoe box. The teller recalled that the UNSUB told her in a low voice, Don t push the alarm. I have an explosive device. I ll set it off. 8. The UNSUB then forced Mr. Wade to leave the bank with him. Mr. Wade walked with the UNSUB across the street toward the Rice House restaurant. After crossing the street, the UNSUB told Mr. Wade to walk three blocks north before calling the police. Mr. Wade initially complied and began to walk away. After seeing that the UNSUB had gone around the corner of the Rice House, Mr. Wade began to return to the bank. 9. Witnesses who were outside of the bank advised that the UNSUB got into a tan or grey colored, extended cab, full size pickup truck which was parked in the Rice House parking lot. One witness, Narissa King, saw the UNSUB running from the bank. King attempted to block the UNSUB s vehicle and subsequently followed the UNSUB for several blocks. King followed the UNSUB through a residential area north of the bank. King continued to follow the UNSUB until he opened the driver s side door of the truck and pointed a small, dark colored handgun at her. King recalled that the UNSUB had removed his shirt, ball cap and sunglasses when he opened the door. King backed away from the UNSUB and finally lost sight of his vehicle near the Casey s General Store which is located near Kansas Expressway and Talmage. 10. King said that the truck had two stickers on the left side of the rear window and two stickers on the right side of the rear window. King described the stickers as being mostly white in color. The stickers were displayed horizontally. The sticker furthest to the left had a lot of red color in it. King also said that the truck had a magnetic ribbon on Case 6:14-mj DPR Document 1-1 Filed 07/16/14 Page 2 of 5

4 the tailgate. King thought that the ribbon might have been upside down and may have been a camouflage design. 11. Witnesses described the UNSUB as a white male, approximately 6 1, 200 pounds, with brown hair. The UNSUB was wearing a dark ball cap, sunglasses, a large piece of white gauze over his chin, a blue St. Louis Cardinal s tee shirt, dark blue jeans and running shoes. Witnesses thought the gauze might have been covering a beard. Surveillance video from the bank corroborated the witness descriptions. 12. The Rice House restaurant has an exterior surveillance camera which captured video of the UNSUB parking in their parking lot. The surveillance video shows the UNSUB drive into the Rice House parking lot at approximately 10:22 a.m. on 7/9/2014. It should be noted that the Rice House video is one hour off. The video indicates that the time is 9:22 a.m. on 7/9/ The Rice House video shows the UNSUB back into a parking space almost directly in front of the surveillance camera. The UNSUB s vehicle is described as a grey or tan colored, full size, extended cab, Chevrolet or GMC pickup truck. The pickup truck has chrome trim and bed rails. Several stickers can be seen on the truck s rear window. A sticker or magnet can be seen on the right rear area of the tail gate. 14. Movement can be seen inside of the truck before the UNSUB exits through the driver s side door wearing the aforementioned clothing and disguise. The UNSUB walks to the passenger side door where he removes a grey bag which appears to contain a box. The UNSUB appears to check his facial disguise in the reflection of the truck s window before walking in the direction of the bank. 15. The Rice House video shows the UNSUB return to the truck and leave west bound on Kearney. The video confirms the statements by King regarding her attempt to block the UNSUB s vehicle. 16. Bank of America employees conducted an audit of the victim teller s cash drawer, and determined that $26,536 was taken during the robbery. The Bank of America is insured by the Federal Deposit Insurance Corporation (FDIC. 17. On the day of the robbery, 7/9/2014, the Federal Bureau of Investigation (FBI made a press release which included a description of the UNSUB and surveillance images from inside the Bank of America. On Thursday evening, 7/10/2014, the FBI released images of the UNSUB s vehicle which showed the rear window with the stickers. 18. On Monday, 7/14/2014, SA Atwood was contacted by a source who wishes to remain anonymous (SOURCE. SOURCE advised that the vehicle in the surveillance Case 6:14-mj DPR Document 1-1 Filed 07/16/14 Page 3 of 5

5 photos looked very similar to a vehicle owned by KENNETH POLODNA who resides at 4068 North Farm Road 151, Springfield, Missouri. SOURCE further advised that KENNETH POLODNA s son, TIMOTHY POLODNA, who has access to that vehicle, closely resembles the individual in the surveillance photos. SOURCE was aware that the rear window of the vehicle had been broken out on or about Friday, 7/11/ Missouri Department of Revenue (DOR records indicate that TIMOTHY POLODNA is a white male, born on 9/26/1962. DOR records indicate that TIMOTHY POLODNA is 6 2, 200 pounds. TIMOTHY POLODNA s driver s license photo depicts a white male with brown hair and a light, brown and gray beard and moustache. 20. On the evening of 7/15/2014, SA Atwood contacted KENNETH POLODNA at his residence. KENNETH POLODNA was not surprised that he was being contacted by the FBI in regard to his son possibly being involved in a bank robbery. KENNETH POLODNA was aware of the surveillance photos from the Bank of America robbery, and thought that it could have been his truck that was captured in the photos. KENNETH POLODNA said that the rear window of his truck had been broken on or about Friday, 7/11/2014. POLODNA did not know how the window was broken. However, he suspected that his son, TIMOTHY POLODNA was responsible and suspected that it was because his son had been responsible for the bank robbery. 21. On 7/16/2014, SA Atwood met with KENNETH POLODNA and his wife, WANDA POLODNA. The POLODNA s advised that TIMOTHY POLODNA lives in the basement of their residence located at 4068 North Farm Road 151, Springfield, Missouri. TIMOTHY POLODNA is not employed and has not had an income for several years. 22. TIMOTHY POLODNA drove KENNETH POLODNA s truck on Wednesday, 7/9/2014. On Thursday, 7/10/2014, or Friday, 7/11/2014, the POLODNA s learned that TIMOTHY POLODNA suddenly had a large amount of cash. TIMOTHY POLODNA paid WANDA $795 cash to pay for his car insurance and past due phone bills. TIMOTHY POLODNA also had enough money to get his repossessed car, a dark gray late model Acura, back from the City Utilities Credit Union. TIMOTHY POLODNA also told his ex-wife that he would be up to date on his past due child support payments. When asked about the source of the cash, TIMOTHY POLODNA told WANDA POLODNA that he had sold some electronics. 23. Based upon the surveillance photos released to the press, both KENNETH and WANDA POLODNA were suspicious that TIMOTHY POLODNA had been involved in the robbery. WANDA POLODNA was so suspicious that she took it upon herself to look around his room for evidence. She did not know exactly what she was looking for, but she did not see any black caps. Case 6:14-mj DPR Document 1-1 Filed 07/16/14 Page 4 of 5

6 24. SA Atwood showed KENNETH and WANDA POLODNA video surveillance from the Rice House and from BOA. After viewing the video, both KENNETH and WANDA POLODNA were certain that the vehicle involved in the robbery was KENNETH s truck. They based that opinion on the specific stickers that were on the rear window, a magnet on the tailgate and what appears to be a rock in the bed of the truck. KENNETH POLODNA kept a rock in the bed of the truck to chock the wheels of his trailer. 25. After viewing the BOA surveillance, KENNETH and WANDA advised that they could not be certain about the identity of the UNSUB. However, they believed that the UNSUB did look like TIMOTHY POLODNA. WANDA POLODNA suspected that TIMOTHY POLODNA wore the gauze over his chin to hide his beard. 26. KENNETH and WANDA POLODNA advised that TIMOTHY POLODNA does have two handguns. WANDA POLODNA has seen the handguns and described them as small frame, black or gray, pistols. The POLODNA s advised that TIMOTHY was once employed as a Court s bailiff and as Court security for Greene County. 27. Based upon the facts and circumstances as set forth above, I respectfully submit that probable cause exists to believe that, on 7/9/2014, TIMOTHY POLODNA, robbed the Bank of America located at 633 West Kearney Street, Springfield, Missouri, in violation of Title 18, U.S.C. Section /s/ Jeffrey W. Atwood Jeffrey W. Atwood Special Agent, FBI Sworn and subscribed to before me this 16th day of July, 2014 /s/ David P. Rush DAVID P. RUSH UNITED STATES MAGISTRATE JUDGE Case 6:14-mj DPR Document 1-1 Filed 07/16/14 Page 5 of 5