Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 1 of 8

AO 91(Rev,08/09) CriminalComplafnt

U NITED STATES D ISTRICT C OURT

forthe
Southern DistrictofFlorida

United StatesofAmerica
V.

4
yu))))yqgyu
Adrian Hardyand casex o
Jerome Simmons

CRIM INAL COM PLAINT

1,the com plainantin thiscase,statethatthefollowing istrueto thebestofm yknowledgeand belief.

Onoraboutthedatets)of April13,2017 inthecounty of BrowardandSt.Lucie inthe
Southern Districtof Florida ,thedefendantts)violated'
.
CodeSection
18 U.S.C.2119
OffenseDescription
Knowinglytake amotorvehicle,whichhad previouslybeentransportedlshipped orreceived in interstateand
foreign commerce,from the personorpresence ofanotherbyforce,violenceand intimidation.
18U.
S.C.1201(a)(1) Knowingl
yandwi
l
fulyki
dnap,sei
ze confi
ne,abductandcarryawaythevictim wi
ththeintenttocoll
ecta
ransom,reward,orotherbenefi
tanJhef
dthevi
cti
mforthatreason;andusedafacif
ityoraninstrumental
it
yof
intersuteorforeigncomerce incommitting orfudherance oftheoffense.
18U.S.C.924(c)(1)(A)(i) arandj
shngafirearm i
nfudheranceofacrimeofviolence.
18U.S.C.1951(a) Knowingl
yobstruct,delay,oraffectcommercebymeansofrobberybyusingactualandthreatenedforce,
vi
olence,andfearofinjury.

Thiscrim inalcomplaintisbased onthesefacts:

See attached affidavi
t

W Continuedontheattachedsheet.

Complainant'
ssignature

Elizabeth Richards,SpecialAnent,ATF
Printed nameand title

Sworntobeforem eand signed in m y presence.

D ate: 04/18/2017 '

Jud '
ssign ture

City and state: .. Ft.Lauderdale FL .-

Bar S.Sel
t .S.Ma istrat Jud e
-
Printe meandtitle
Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 2 of 8

A FFID AV IT IN SU PPO R T O F CR IM IN A L C O M PLM N T

Y ourA ffiant,Elizabeth Richards,being duly sw ol'n,deposes and statesasfollow s:

IN T RO D U CTIO N A N D A G EN T BA C K G R O UN D

1 am a Senior SpecialA gentw ith the U nited States Bureau ofA lcohol,Tobacco,

Fireanns and Explosives (hereinafter %ATF'') and have been employed by said agency for
approximately fifteen (15)years.In addition to my education,lhave completed approximately
seven (7)months ofbasic and specialized training with the ATF atboth the ATF National
Academ y and the FederalLaw Enforcem entTraining Center located in G lynco,Georgia.During

such tim e,l received specific training in the areas of tirearm s,narcotics,explosives and arson

investigations.As an A TF A gent,I conductinvestigationsregarding violations of federallaw s.1

am presently a Senior SpecialA gentfor the A TF M iam iField D ivision,Fort Lauderdale Field

Offiee.M y responsibilities include identifying,disrupting and dism antling groups identified as

violent gangs. During my tenure with the ATF, l have conducted num erous investigations

involving illegal firearm s, gang, violent crim e, and narcotics trafficking activities w ith the

Brow ard County Sheriff'sO ffice G ang U nit.

This affidavit is subm itted in support of a crim inal com plaint charging A drian

Hardy (CtHARDY'') and Jerome Simmons (EISIM M ONS'') with knowingly and intentionally
obstructing,delaying,or affecting com merce or the m ovementofany article or com modity in

commerce,by robbery,in violation ofTitle 18,United StatesCode,Section 1951(a)'

,and with
brandishingafirearm duringthecommission ofacrimeofviolence,inviolation ofTitle 18,United

StatesCode,Section 924(c)(1)(A)(ii).
This affidavit is also subm itted in supportof a clim inal com plaint charging that

H ARD Y did know ingly take,with intentto cause death or seriousbodily hann,a m otor vehicle
Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 3 of 8

that had been transported, shipped, and received in interstate com m erce from the person or

presence of another,by force,violence and intim idation,in violation of Title 18,United States

Code,Section 2119,
*and did unlawfully kidnap,seize,confine,abductand cany away thevictim

withtheintentto collectaransom ,reward,orotherbenefit,anddid hold thevictim forthatreason,

using a facility or instrum entality of interstate and foreign com m erce in com m itting or in

furtheranceoftheoffense,inviolationofTitle 18,UnitedStatesCode,Section 1201(a)(1).

4. Theinform ation contained in thisaffidavitisbased on my personalknowledge,as

wellasinform ationrelayedto mebyother1aw enforcem entofficialsinvolvedin thisinvestigation.

lhavenotincluded inthisaffidaviteach andevery factknownto me.Rather,Ihaveincluded only

thefactsthataresufficientto establishprobablecausefortheissuanceofacriminalcom plaintand

the issuance ofan arrest w arrant for HA RDY and SIM M ON S forthe above-described crim inal

violations.

PR O BA BLE CA USE

O n Thursday,A pril 13,2017, at approxim ately 9:05 A .M .,three black m ales,

entered LSO Jew elersand Repair,located at906 SW St.LucieW estBoulevard,in PortSt.Lucie,

Florida,to com m it a robbery.The suspects were w earing heavy facial m akeup and w om en's
clothing. The firstm ale w asw earing green pants,a lightblue long sleeve top,and a dark colored

wig.Thesecondm ale,lateridentitiedasHARDY ,wore dark coloredpants,adark longsleevetop

with abrightm ulti-coloredshirtundem eath,sunglasses,and long,dark-hairedwig.Thethirdm ale,

lateridentifed asSIM M ONS,waswearing a women'spirlkjumpsuitwith adark colored wig.

Eachalsoworeblackglovesandbrandishedafirearm.LSO JewelersandRepairisaretailjewelry
store thatsells item s thathave been transported in interstate and foreign com m erce.
Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 4 of 8

6. The m orning of the robbery,em ployees 'fN .N .''and L.O .''were loading display

caseswithjewelryinsideofthestorewhenHARDY,SIM MONS,andanunidentified blackmale

I'tUNSUB''Idressed in women'sclothing entered the store. N.N.immediately noticed thatthe
robberswereblack males each wearing heavy m akeup and red lipstick. L.O.asked SIM M ON S,

who wore thepinkjumpsuit,ifshe could help him. SIM MONS replied,tdl'm looking foran
engagem entrings''w ith whatsounded like a m an'svoice to L.O . H A RDY and the UN SU B then

locked the front door of the store and approached the counter brandishing firearm s. H ARD Y

grabbedvictim N .N.bytheback ofherneckandforced hertowalk tothebackroom whileholding

a firearm to herhead.Atthe sam etime,SIM M ON S forced L.O .to the back room while pointing

afirearm ather.Both N.N .and L.O.wereordered to 1ay ontheground,facedown.N .N .and L.O .,

in fearfortheirlife,com plied with the robbersdem ands. N .N .and L.O .could hearthe robbers

nlm maging through the safe and display cases.During the robbery,the robberswere overheard

talking on walkie-talkies to an unidentitied male subjectthatwasnotinside ofthe store and

appearedtobewaitingoutside.Thesubjectoutsidecommunicatedtotherobbersthattheyt'were
good on tim e.''SIM M ON S,noticed L.O.waswearing a silver diam ond and ruby Rolex watch,

which herem oved from herwristand placed in hispocket.Afterapproxim ately 10 m inutesinthe

store,thevictimsheard themalesubjectoutsideradio to therobbersinside thatthepolicewere

there. HARDY and SIM M ON S attempted to rtm to the front door, but after seeing 1aw

enforcem entoutside,they changed course and ran outthe back doorofthe store dropping a large

bagcontainingnearlyamilliondollars'worth ofjewelry.Theonlyitem ofjewelryremovedfrom

the storew asthe Rolex w atch.The robbery wascaptured and recorded by the storesvideo security

system .
Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 5 of 8

AsHARDY ,SIM M ONS,and the UN SUB entered the storethatm om ing,an off-

duty police officer('witness'')wasnear-by and observed them wearing heavy face makeup,
dressed in w om en's clothing. The w itness saw the robbersenter the store and appear to lock the

doorbehind them . The witnessim mediately called 911to reportthe activity. Law enforcem ent

officers responded to LSO Jewelers and Repair and observed HARDY, SIM M ONS,and the

UNSUB nm outoftherearofthejewelrystore.
8. A footchase ensued and 1aw enforcem entofficersultim ately obselwed SIM M ON S

crawling outofa bushy area on hishandsand kneeswearing only boxers,socks,makeup on his

face,and carrying a walkie-talkie in hishand. SIM M ON S wasarrested on scene and taken into

State custody.Law enforcem entsubsequently located a long sleeve pink sweatshirt,pink sweat

pants,a pair of shoes,and a dark colored wig,underneath a nearby vehicle. The item s were

im pounded into evidence and sentto the crim e laboratory forexam ination.

9. Law enforcem entobserved HARDY running inthe direction ofa nearby hospital.

A review ofthehospital'ssurveillancevideo show sHARDY,wearing dark-coloredpants,adark-

colored long sleeve top with a brightcolored shirtundem eath,a dark colored wig,gloves,and

sunglasses,attem pt to gain access to the hospital's em ergency room . The surveillance video

furthershow sH A RD Y entering abox tnlck thatw asparked attherearofthe hospital'sem ergency

room .The ownerofthetruck advised 1aw enforcem entthathesaw HARDY insideofthevehicle,

approached him and confronted him .The owner ofthe truck told 1aw enforcem entthatH ARD Y

im m ediately exited the tnlck and leftbehind a wig,gloves,and sunglasses. These item s w ere

im pounded by law enforcem entand sentto the laboratory for forensic analysis.

10. Law enforcem entreview ed the video from the store robbery,as w ellas the video

from the hospitaland com pared the clothing item s to the w itnesses' descriptions and item s left
Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 6 of 8

behind by HA RD Y and SIM M ON S. Law enforcem entwas able to detennine thatH A RDY and

SIMM ONS were in fact two ofthe subjects who committed the robbery while brandishing

firearm s.
Atapproximately 12:06 P.M .,law enforcem entreceived a telephone call from

tV.C.''whocalledtoreporthisfriend(hereinafterreferredtoasd$J.K.'')missingfrom hisresidence.
V.C.advisedlaw enforcem entthatwhen heanived topickup J.K .toplay golf,J.K .w asnotthere.

V .C.told policethatitwasoutofcharacterforJ.K .notto behom ewhen hewasscheduled to be

picked up forgolf. Law enforcem entresponded and m adeentry into J.K.'Sresidencewherethey

observed drops ofblood on the tloor,tw o w om en's purses,cellulartelephones,and an unopened

gallon of m ilk on the kitchen counter. A s 1aw enforcem ent continued to investigate the

disappearance ofJ.K .,J.K .returned hom e to the residence in his Chevy Traverse and advised law

enforcem entthatheand hisw ife,aswellashisson and son'sgirlfriend,hadbeenkidnapped and

forced to drive their Chevy Traverse bearing Ontario Tag # tICA N Y SCOT''to Brow ard County by

HA RD Y . The investigation revealed thatthe Chevy Traverse w as notm anufactured within the

StateofFloridaand had been transported,shipped,and received in interstatecommerce from the

person orpresence ofanother. J.K .and hisfam ily advised thatHARDY entered theirresidence

forcefully and waswearing black pants,adark colored long sleeve sweaterwith a brightcolored

shirtunderneath,and make up. The fam ily advised thatHARDY wasarm ed with two firearm s;

onehebrandished,and onewaslocated in ashoppingbagthatHARDY broughtwith him intothe

residence. Law enforcem entnoted thatthe clothing H ARD Y w as described asw earing w hen he

arrived at J.K .'S residence w as consistentw ith the clothing worn during the LSO Jewelry and

Repairsurveillance video,and consistentw ith the video from the hospital.W hile H A RDY w as in

the residence,he told the fam ily that som ething had gone wrong and his tw o friends had been
Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 7 of 8

arrested.HARDY continually looked outofthe kitchen blindsconcerned that1aw enforcement

w as in the nearby area,and told the fam ily he needed to get aw ay. HA RD Y asked the victim

familyforabottleofwaterand then com mandeered thefam ilyintotheirChevyTraverse.HARDY

ordered the victim sto geton 1-95 South and exitSunriseBoulevard.During the drive,HARDY

drank from the water bottle and then urinated in it.H A RDY dem anded to be dropped off at a

parking 1otbehind Tony'sM arketin Ft.Lauderdale,Florida.H ARD Y fled the victim 's Traverse

with theclothinghe anived in,a shopping bag,and both firearm s. HARDY emptied thebottleof

urine in thelot,dropped thebottle,and fled on foot.J.K and hisfam ily subsequently droveback

to Pol4 St.Lucie.
Law enforcem entprocessed J.K 'sresidenceforlatentfingem rintsand lifted a latent

printfrom theblindsin thekitchen.Thelatentfingelprintwasam atch and positively identified as

belonging to H ARD Y .Law enforcem ent also collected and processed the w ater bottle that was

dropped in the em pty lot. Latent fingerprints lifted from the w ater bottle w ere also positively

identified asbeing a m atch to HA RD Y .

CO NC LU SIO N

Based on the foregoing facts, 1 subm it that there is probable cause to charge
HA RDY and SIM M ON S with knowingly and intentionally obstructing, delaying,or affecting

comm erce or the m ovem entof any article or com modity in comm erce,by robbery,and with

brandishingafirealnn duringthecomm issionofthatrobbery,in violation ofTitle 18,United States

Code,Section l951(a);andTitle18,UnitedStatesCode,Section924(c)(1)(A)(ii).
14. lalso subm itthatbased upon the foregoing factsthereisprobable cause to establish

thatHA RDY didknowingly take,w ith intentto causedeath orseriousbodily hann,am otorvehicle

that had been transported, shipped, and received in interstate com m erce from the person or

6
Case 0:17-mj-06144-BSS Document 1 Entered on FLSD Docket 04/18/2017 Page 8 of 8

presence of another,by force,violence and intim idation,in violation of Title 18,U nited States

Code,Section 2119*
,and did unlaw fully kidnap,seize,confine,abductand cany away thevictim

w ith the intentto collecta ransom ,reward,orotherbenefit,and did hold the victim forthatreason,

using a facility or instrum entality of interstate and foreign eomm erce in com mitting or in

furtheraneeoftheoffense,inviolationofTitle18,UnitedStatesCode,Section1201(a)(1).
F UR TH E R YO UR AFFIA N T NW YE TH NA UGH L

SpecialA gentElizabeth Richards,A TF

Sub ' and sworn before me

this ay ofA pril2017.

HO RA BLE B RRY S.S ER

UN ITED ST TES M AG IST TE JU D GE