Case 3:18-mj-00747-RSE Document 1 Filed 12/10/18 Page 1 of 5 PageID #: 1

FILED
VANESSA L. A"'4STRONG
AO 9 1 (Rev. 11 /1 1) Criminal Co mplaint

C1O2018
UNITED STATES DISTRICT COURT
for the ..U~. DISTRICT COURT
WESt'N: r11~t ~NtOCKV
WESTERN DISTRICT OF KENTUCKY

UNITED STATES OF AMERICA )

V. )
) Case No.
)
MARK ESPINOSA
Defendant

CRIMINAL COMPLAINT

I, the complainant in this case, state the following is true to the best of my knowledge and belief.

On or about the date of December 5th , 2018, in the county of Jefferson in the Western District of Kentucky,
the defendant vio lated :

Code Section Offense Description

18 USC 659 See Affidavit

This criminal comp laint is based on these facts:

• Continued on the attached sheet

Federal Bureau of Investigation

Sworn to befm me and ,;gned ;n my pmence. 0 ~ (--

Date: ~ - ~_=lt:::::::-=-~
- z : :::.........'::::__~V'----_ _ _ _ _ _ _ _ __
Honorable Regina Edwards
United States Magistrate Judge

City and State: Louisville, Kentucky

DW (AUSA initials)
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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF KENTUCKY

AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT

I, Alfred Burney, being duly sworn, depose and state as follows :

1. Your Affiant, Alfred Burney is a Special Agent with the Federal Bureau oflnvestigation

(FBI), Louisville, Kentucky District Office. I have been employed with the FBI since March

2009. I am currently assigned to the FBI's Louisville Office Safe Streets Task Force in

Louisville, Kentucky. In connection with my official FBI duties, I investigate criminal

violations of federal law, including theft from common carriers. I have been involved in

various types of electronic surveillance, physical surveillance, the execution of search

warrants, Title III wiretaps, review of records and reports generated regarding the

investigation of violent crimes, and in the debriefing of defendants, witnesses and

informants, as well as others who have knowledge of violent crimes, including robberies.

2. Based on my training and experience, I am familiar with various methods in which armed

robberies occur, including, but not limited to bank robberies, armored carrier robberies.

Armed robbery participants routinely use cellular telephones and other communication

devices in furtherance of the illegal activities.

3. I am familiar with and have participated in all of the normal methods of investigation,

including, but not limited to, visual surveillance, the general questioning of witnesses, the use

of informants, the use of pen registers, and the execution of search warrants.

4. I have been involved in the investigation of this matter, along with other law enforcement

officers and agents, concerning potential violation of Title 18, United States Code, Section
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659, namely the theft of money from a vehicle operated by a common carrier moving in

interstate commerce.

5. I am familiar with the information contained in this affidavit through my own personal

participation in the investigation, my review of documents, and my conversations with other

law enforcement officers and agents. Because this affidavit is submitted in support of

application for a criminal complaint and arrest warrant, I have not included every fact known

concerning this investigation. I have, however, set forth a statement of fact and circumstances

sufficient to establish probable cause for the issuance of an arrest warrant.

6. On December 5, 2018, at approximately 3:18 p.m., the Louisville Metro Police Department

(LMPD) responded to a reported robbery of a Garda armored truck at the Jefferson Mall, on

the Outer Loop in Louisville, Kentucky. Garda is the largest armored car carrier in the

United States.

7. A Garda employee, Mark Sneed (Sneed), reported that he and his partner, Mark Nicholas

Espinosa (Espinosa), arrived at the Jefferson Mall to pick up money from several retail

stores. Sneed has been employed by Garda for approximately 14 years. Espinosa was hired

by Garda in July 2018.

8. Sneed entered the mall and instructed Espinosa to remain with the truck and to meet him on

the other side of the mall.

9. When Sneed exited the mall, the truck was not at the prearranged location. After Sneed

contacted mall security, the truck was found in the far rear parking lot of the former Macy' s

store. Garda has indicated that it is abnormal for the truck to be parked in this manner.

Normally Garda trucks are parked as close to the door as possible. Espinosa was missing and

hundreds of thousands of dollars were also missing from the truck.

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10. Espinosa' s personal backpack, coat and service weapon were found in the truck. Espinosa' s

wallet, including his driver' s license and credit cards, were also found in the backpack. The

battery and back cover of Espinosa's cell phone were found in the rear cargo area of the

truck. There was no blood or other signs of a struggle inside the truck.

11. Garda employees are trained not to leave the inside of the truck, and not to open the door for

non-Garda employees. The armored Garda truck automatically locks, and Sneed was the

only person with the key to the truck. The truck was also equipped with bullet resistant

glass.

12. A search warrant was executed at Espinosa' s primary residence, where he lives with his

father. Espinosa' s father indicated that although he owns the house, Espinosa is responsible

for paying the biUs. Two computers were found in Espinosa' s room, but both hard drives

were m1ssmg.

13. A search warrant was obtained for Espinosa' s cell phone records, and it was determined that

on December 4, 2018, at 9:04 p.m. , Espinosa requested a Lyft ride from the Jefferson Mall,

near where the truck was found the following day. It was also discovered that Espinosa' s

phone pinged off a tower near the Jefferson Mall on the evening of December 4, 2018, the

day before the robbery.

14. Several of Espinosa' s family members have been interviewed, and to my knowledge,

Espinosa has not had any contact with his family since the robbery.

15 . Based on my training and experience, I believe that there is probable cause that Espinosa

either stole the money from the truck, or conspired with one or more others to steal the

money from the Garda truck, in violation of Title 18, United States Code, Section 659.
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. ' ., .

s:::
Al ed B

Federal Bureau of Investigation

Subscribed and sworn to before me this 10th day of December, 2018.

~~ UNITED STATES MAGISTRATE JUDGE