A TOTE Steward Assistant Said He Was Drugged and Sexually Assaulted Aboard SBX-1. Federal Prosecutors Declined the Case.

EXECUTIVE SUMMARY

1. On 04JUN20, NCISRA Whidbey Island received notification from NCIS Multiple Threat Alert Center (MTAC) that Alaska State Trooper [REDACTED](Z) Palmer, Alaska, had received a report of sexual assault by [REDACTED], Steward Assistant, TOTE LLC employee on the USNS Sea-based X-Band Radar One (SBX-1), a government owned and contractor operated vessel. [REDACTED] reported that he was drugged while sleeping by unknown means, and sexually assaulted multiple times while aboard SBX-1. On 05JUN20, AK [REDACTED] informed NCIS that [REDACTED] provided the name of [REDACTED], TOTE, SBX-1, as the suspected assailant. On 04JUN20, the TOTE company provided a statement encompassing [REDACTED] incident report and SBX-1's response. On 16JUN20 [REDACTED], SBX-1 was interviewed. On 17JUN20, [REDACTED] interviewed by AFOSI and reported thinking he may have been sexually assaulted due to waking up in different positions and having unusual physical sensations, such as finding unknown fluid in and around his anus and feeling groggy. [REDACTED] stated he suspected he was being sexually abused but was unsure because he thought if he was being sexually abused he would have woken up. [REDACTED] believed he was being drugged by [REDACTED] not know how or when because he was careful with his food and drink and did not feel unusual prior to falling asleep. On 25JUN20, multiple witnesses were interviewed. [REDACTED] Ships Medical Department Representative stated that there were no issues/findings related to [REDACTED] anal area upon examination. On 04JUN20, [REDACTED] examined at the Mat-SU Regional Medical Center Hospital and underwent a Sexual Assault Examination to include the rectal area with no suspicious findings noted. On 07JUL20, NCISRA Whidbey Island received articles of clothing and bedding collected from [REDACTED] CAPT [REDACTED] 28TUL20, NCISRA Whidbey Island received [REDACTED] statements, cellular phone information and DNA sample from AFOSI. Database checks were ran on [REDACTED] 12AUG20, medical and toxicology records were reviewed, no drugs were identified. On 18AUG20, SBX-1 VingCard Door Lock Readout was reviewed. On 07OCT20[REDACTED] Assistant U.S. Attorney (AUSA), AK, was consulted on lack of probable cause that a crime occurred. On 23NOV20, [REDACTED] interviewed. On 25NOV20, [REDACTED] interviewed and denied all of the allegations by [REDACTED] 003DEC20, NCIS received a copy of the Alaska State Trooper's report. On 05FEB21, NCIS received a copy of a Declination Letter from the United States Attorney's Office declining prosecution due to insufficient evidence. This case is hereby closed.

NARRATIVE

1. This reactive investigation pertains to a suspected violation of the United States Code Title 29, Section 2241 (Aggravated Sexual Abuse), Special Maritime and Territorial Jurisdiction. References (A) - document all investigative activity to date.

2. On 05FEB21, Assistant United States Attorney (AUSA) [REDACTED] USAAK, advised that the United States Attorney's Office, District of Alaska was declining to prosecute the matter due to insufficient evidence. Refer to Exhibit (18) for additional details.

3. Since the inception of this investigation, the following have been continuously updated regarding its status: [REDACTED], NASWI and [REDACTED] Staff Judge Advocate, NASWI [REDACTED] Senior Trial Counsel, Region Legal Services Office Northwest was also briefed on the captioned investigation. Case status updates have also been made to [REDACTED]

4. As the United States Attorney's Office, District of Alaska has declined prosecution, this investigation is hereby closed. DISCLOSURE OF ACCOUNTING

5. A copy of this report is being provided to [REDACTED].S. Attorney's Office for the District of Alaska, 222W 7th Avenue, Room 253, #9, Anchorage, Alaska 99513 for law enforcement purposes.