FLORIDA DEPARTMENT OF LAW ENFORCEMENT INVESTIGATIVE REPORT This investigative report (IR) is predicated on a request for assistance by Florida State Representative, Irv Slosberg, Boca Raton, FL, to the Florida Department of Law Enforcement (FDLE). Representative Slosberg asked FDLE Commissioner Rick Swearingen to lend investigative and forensic assistance to the Law Enforcement Division of the Florida Fish and Wildlife Commission (FWC) in the wake of new developments with the case of two missing boys, Austin Stephanos and Perry Cohen, who disappeared on July 24, 2015, while operating a small boat off the coast of Jupiter, FL, following a storm that passed through the region that day at about 1:30 p.m. The FWC investigation is being reopened following the recovery of the vessel, which was found capsized and heavily damaged off the coast of Bermuda in March 2016, and brought back to Broward County, FL. On Monday, May 22, 2017, Special Agent (SA) William V. Saladrigas, of the FDLE Mi Regional Operations Center (MROC) attended a meeting at the Palm Beach County State Attorney's Office (PBSAO). Present at the meeting were FDLE Assistant Special Agent in Charge, Christopher Woehr, FDLE Regional Legal Advisor (RLA) Jackie Boswell, as well as PBSAO Chief Assistant State Attorney Brian Femandes and Assistant State Attorney (ASA) Greg Kridos. ASA Kridos, who had been furnished with a copy of the Prosecutorial Summary Draft on Wednesday, May 10, 2017, and confirmed that he had reviewed it in detail, opined that the State lacked probable cause to move forward with criminal charges against one or mora of the individuals involved in the events leading up to and surrounding the boys’ disappearance on July 24, 2015. While he conceded that there may have been poor judament on the part of one or more persons named in the investigation, there was insufficient proof to satisfy the statutory language and applicable case law relating to Florida's Child Neglect statute. He specifically cited their belief that boating on the open seas is not an "inherently dangerous activity," which, according to the prosecutors, is a critical component when considering criminal charges of Child Neglect. ‘When asked if anything potentially gleaned from the two untapped resources, to wit: the Florida Climatology Report on the Jupiter storm of July 24, 2015, or the expert opinion of a court recognized expert on search and rescue, could credibly impact their decision, both Kridos and Case Number: MI-73-2170 ‘Serial #: 28 ‘Author: Saladrigas, William Victor |Office: Miami Activity Start Date: 05/10/2017 [Activity End Date:05/22/2017 [Approved By: Woehr, Christopher Description:Close-Out Report THIS REPORT IS INTENDED ONLY FOR THE USE OF THE AGENCY TO WHICH IT WAS: DISSEMINATED AND MAY CONTAIN INFORMATION THAT IS EITHER PRIVILEGED OR | CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. ITS [CONTENTS ARE NOT TO BE DISTRIBUTED OUTSIDE YOUR AGENCY. [The information in this report contains information about a JUVENILE that may be privileged or [confidential and exempt from disclosure under applicable law. Page: 1 0f2 328020170613155804Case Number | MI-73-2170 IR Number | 28 Fernandes responded that they could not conceive of any potential revelation coming from those sources that would alter the State's opinion as to proof of Child Neglect. Therefore, no criminal charges will be filed in connection with this case, and the matter will be closed. Itis hence requested that this case be closed without further examination by the FDLE. A copy of the draft Prosecutorial Summary reviewed by the PBSAO will be retained as an electronic copy of this IR, Page : 2 of 2 328020170613155804Florida Department of Law Enforcement Case Number: MI-73-2170 Fifteenth Judicial Circuit of Florida Investigative Summary: Abuse of Children (Neglect) F.S.S. 827.03 Jupiter, Florida Incident Date: July 24, 2015 Case Agent: Special Agent William V. Saladrigas vICTIM(S): Perry Cohen 4 Bay Harbor Road Tequesta, FL 33469-2004 WIM Juvenile Dos: 01/30/2004 Austin Stephanos 338 Evergreen Avenue Tequesta, FL 33469 WIM Juvenile DOB: 12/01/2000 SUBJECT(S): Carlson “Carly” Frances Black 338 Evergreen Avenue Tequesta, FL 33469 White / Female DOB: 09/24/1979 INCIDENT LOCATION: Palm Beach County, Floridal _ INVESTIGATIVE SUMMARY [ Initial Complaint On Friday, July 24, 2015, sometime 8:00 and 9:00 a.m., Austin Stephanos and Perry Cohen, two Tequesta-area teenagers, each 14-years of age, set out from Richard Kuntz’s Tequesta, FL, home in an 19°, 1978 Seacraft open fisherman with a single 2005, 115 horse power Yamaha four-stroke outboard motor (as opposed to a twin-engine vessel that is less vulnerable in the event of an engine failure). Despite the fact that the old boat had been recently refurbished by the previous owner, it lacked basic electronic and communications equipment, such as a VHF radio, a Giobal Positioning System (GPS) or an EPIRB [Note: An Emergency Position Indicating Radio Beacon or EPIRB is used to alert search and rescue services in the event of an ‘emergency. I does this by transmitting a coded message on the 406 MHz distress frequency via satellite and earth stations to the nearest rescue co-ordination center). The vessel had been a recent gift to Austin by Mr. Richard Kuntz, his maternal grandfather. That morning, the two boys navigated along the Intracoastal Waterway to their paternal grandmother's home, that of Diane Stephanos, where they spoke briefly with Ms. Stephanos and a Ms. Tanya Kugel, who was at the Stephanos residence when the boys pulled up to Ms. Stephanos’ dock. ‘At Ms. Stephanos’ residence, the boys picked up ice, one or two red portable gas tanks, possibly tackle and miscellaneous supplies. They told the two ladies that they were going "Dolphin fishing” offshore. They left the home by boat at or about 9 a.m., according to Ms. Kugel. From Ms. Stephanos’ house, the boys are known to have navigated to the JIB Yacht Club & Marina in Jupiter, FL, where they purchased fuel for the boat, From there it is uncertain where the boys went, but it is believed that they navigated out of the Jupiter Inlet into the Atlantic Ocean, Austin’s biological mother, Carlson "Carly" Black, told investigators that sometime at or about 11:24 a.m., Austin texted her, alerting Ms. Black that they were safe. The boys only had Austin’s iPhone as a means of communication, as Perry's phone was not working. Ms. Black would never hear from her son again. ‘Sometime at or about 1:30 p.m., on the afternoon, of July 24, 2015, a weather event crossed the Jupiter area from west to east, with heavy precipitation, winds 20-40 mph, and reported electrical activity. The storm quickly moved into the inshore waters of the Atlantic Ocean and eventually dissipated or travelled east into the Atlantic. At or about 2:00 p.m., Ms. Black began to text her son to determine if they were alright. She was unable to make contact with Austin During the next two hours, Ms. Black would alert other family members as to the fact that the boys were not responding to calls and texts. Mr. Blu Stephanos, Austin's biological father, also tried unsuccessfully to communicate with his son and at or about 3:30 - 4:00 p.m., he took his ‘own boat out of Jupiter Inlet in an effort to locate the boys That afternoon, at or about 4:15 p.m., Ms. Black contacted Perry's mother, Pamela Cohen, who had been in Miami all day on business with her husband, Nicholas Korniloff. Ms. Black alerted Ms. Cohen for the first time that her son, Perry, and Austin were missing. She also informed Ms. Cohen that they had been allowed to go offshore, despite the fact that Ms. Cohen had eporiedly alerted them in the past that Perry was strictly prohibited from going oul to sea without adult supervision. Ms. Cohen, shocked by these revelations, communicated the situation to Mr. Korniloff, who at that time was seated next to her, driving north through Boca Raton, along Interstate 95. Mr. Komiloff’s immeciale reaction was to initiate an emergencyresponse. He called 911 and was routed from Boca Raton to the Jupiter 911 Call Center, where he reported the boys as overdue from a fishing trip. In short order, a multi-agency search and rescue operation was initiated, involving FWC, the U.S. Coast Guard, and others. During the next sev days, the U.S. Coast Guard deployment. would search ‘just shy of 50,000 nautical miles” in their efforts to locate the boys before suspending the operation. Neither the boys nor their remains have ever been located. Two days after their disappearance, on July 26, 2015, a U.S. Coast Guard helicopter sighted the capsized hull of the boys’ 19° open fisherman, about 67 miles east of the Ponce de Leon Iniet in Volusia County, floating in about 1500’ of water. A Coast Guard swimmer was lowered into the water and allowed to examine the capsized hull; although he confirmed it was the boys’ missing boat, he failed to locate any evidence of the boys’ or evidence relating to their disappearance. The helicopter reported the sighting; the coordinates were given to a salvage vessel that responded to the area arriving hours later. Upon arrival at the coordinates, the hull had apparently drifted off and was not recovered. Ultimately, the FWC would close their missing persons’ report and conclude their investigation into the boys’ disappearance. It would not be until March of 2016, when the now heavily damaged hull was again located off the coast of Bermuda and salvaged, that FWC would re- open their inquiry. At that time, the Florida Department of Law Enforcement (FDLE) was asked to coordinate the investigation jointly with FWC to assist with the forensic examination of the boat and motor and to see if the matter could be brought to its appropriate resolution. FDLE reviewed the FWC investigation, assisted with forensic examinations of the recovered hull and engine of the 1978 Seacraft, and re-interviewed family members and other witnesses relating to the events of July 24, 2015. FDLE also pursued other ancillary leads that emerged during the second phase of the investigation. ‘On or about December 1, 2016, after re-interviewing several members of the Stephanos/Black families, a criminal investigation exploring possible Violation(s) of F.S.S. 827.03 was initiated. Now, a criminal probe, FDLE agents sought and obtained subpoenas duces tecum for the call history of Perry and Austin's family members in order to more specifically corroborate a timeline of events for July 24, 2015. Once the analysis was completed, agents re-interviewed Pamela Cohen and Nicholas Korniloft. Initial Briefings with FWC IR-4 | ‘On Wednesday, May 17, 2016, after being asked to join the investigation, FDLE agents met with FWC Major Camille Soveral at their Palm Beach County substation on Northlake Boulevard. Major Soveral turned over an abbreviated case file of their investigation through February 2016 for review by FDLE. She elso confirmed that they had recovered the vessel the boys had been operating in July after it wes found capsized, floating off the coast of Bermuda in March 2016. The vessel had been transported back to Broward County, FL, where it was housed at the FWC substation in Port Everglades, awaiting forensic examination. It was agreed that FDLE agents would meet with the FWC investigators that conducted the initial investigation to further discuss the case and make arrangements for the forensic. examination of the boat. During the afternoon of Friday, May 20, 2016, Special Agents (SA) William V. Saladrigas and Steven Caceres met with Captain Jeff Ardelean, Investigator Kyle Patterson, and other FWC officials at their Northlake Boulevard station in Palm Beach County, where agents were briefed as to the FWC investigation, which spanned several months (July 2016 through February 2016)and involved numerous governmental and non-governmental agencies (the latter hired privately by members of the boys’ families). After the case was closed in February 2016, FWC investigative reports and other documents related to their case were released to the media and the family of the two missing boys. According to FWC officials, it was not until the overturned vessel was located in March 2016 off the coast of Bermuda and brought back to Broward County that things became highly contentious between the two families. There were arguments over reports filed by private search groups and investigators that were turned over to family members but were not shared and there were disputes over the handling of a cellular phone that belonged to Austin, which was recovered from the boat and subsequently turned over to Wiliam Blu Stephanos, Austin’s father. FWC Captain Ardelean advised that his agency had obtained consent to search the boat from the registered owner, Carly Black, and forensic examinations of the motor and boat were planned for the week of May 23, 2016. In a review of the FWC investigative packet, SA Seladrigas reviewed the distally recorded statement of Carly Black and her husband, Richard “Bubba” Brian Black, Jr.. which was taken by FWC Investigator Brent McCarthy on the evening of September 1, 2015. Both witnesses were interviewed together and contemporaneously at an unspecified location. During the statement, Ms. Black confirmed that Austin had last checked in with her vie text al 11:25 a.m. on July 24, 2015, and added that “Austin was always very good about checking in.” She confirmed that he would always check in every two to three hours. Ms. Black became emotional at that point, and investigator McCarthy questioned Mr. Black in Ms. Black’s presence about his whereabouts on July 24, 2015. Mr. Black explained that he was the Bahamas at the time, and when it was rumored thet the boys may have tried to go to the Bahamas, he and other family members with him decided to look around various ares marinas in an attempt to locate them before returning home. When asked about “guidelines or rules” as to where Austin could go by boat, Mr. Black, in the presence of Carly Black, stated that the boys were just required fo check in, Mr. Black added that "he'd [Austin] go within four or five miles...from the coast." Ms. Black did not dispute this fact when uttered by her husband. Initial Interview of Pamela Cohen and Nicholas Korniloff IR-2 ‘On the moming of Friday, May 20, 2016, FDLE agents met with attorney, Guy Rubin, and members of Perry Cohen's family at their Tequesta, FL home. During the meeting the family members discussed specific concerns they have ranging from perceived problems with the investigation conducted by FWC to possible allegations of negligence by one or more members of the Stephanos family in connection with their actions or inactions on July 24, 201. Pamela Cohen, Perry Cohen's biological mother, and Nick Kornioff, Ms. Cohen's husband, expressed general concerns with the FWC investigation, mentioning that it focused entirely on the theory that the boys perished in a storm as a result of a boating mishap with no criminal nexus, When pressed for any specific evidence of foul play in connection with the disappearance of their son and Austin Stephanos on July 24, 2015, neither of them could articulate any specific basis for such an assumption. However, they still generally believe that the FWC investigation did not go far enough. Mr. Korniloff also cited concems with regard to the behavior of members of the Stephanos family on the fateful day that both boys went missing. Mr. Korniloff recalled that he and Ms. ‘Cohen were in Miami on business on July 24, 2015, when at or about 4:20 p.m. they received acall from Carly Black, Austin’s biological mother, alerting them to the fact that the boys had not reported in and were unaccounted for following a storm that had passed through the area hours earlier. Mr. Korniloff claims it was not until that time that he contacted 911 and an emergency services response was initiated by law enforcement and others. He would later learn that Blu ‘Stephanos, Austin’s biological father, had taken his own boat and had begun an informal search off the coast of Jupiter in search of the boys. However, no one from the Stephanos family had thought to report the boys missing, according to Mr. Korniloff, despite the fact thal they were all in the Jupiter area when at or about 1:30 p.m. that afternoon, a major weather event passed through the region with heavy rains and winds ranging from 20 to 40 miles per hour. They believe that the fact that no one had heard from the boys who were known to be out on the water in a small vessel after the storm, should have prompted one or more of the Stephanos family members to contact authorities. Ms. Cohen added that Carly Black and other members of the Stephanos family had misled them into believing that Austin would never go offshore on the boat with Perry aboard, when she later discovered that he was indeed allowed to go out with the blessings of Carly and Richard “Bubba” Black, Carly’s husband, as well as Diane Stephanos. Both believe that precious, critical time was lost during the early hours following the disappearance because of the failure of Stephanos family members to act decisively under the circumstances. According to Mr. Korniloff and Ms. Cohen, the Stephanos knew or should have known that the boys were in danger or worse after the passing of the storm. | Forensic Examination of Boat and Outboard IR-4 | On Wednesday, May 25, 2016, FDLE agents responded to the Broward FWC offices at Port Everglades to meet with FWC officials and representatives from Yamaha Motor Corporation, USA, with the intent of beginning the forensic examination of the vessel and the Yamaha F115 ‘outboard motor that were recovered off the coast of Bermuda in March 2016, approximately eight months following the disappearance of the two victims in this case. Also responding to assist in the forensic examination were Steve Balunan, Senior Crime Laboratory Analyst (SCLA), and Katy Reidy, Crime Lab Analyst (CLA), of the FDLE Fort Myers Regional Operations Center (FMROC) Forensic Services Unit. Thal moming and into the early aftemoon, Mr. Caleb Chesser, 2 Yamaha Product Specialist (engineer), in the presence of Mr. Daniel J. Kissane, a Jacksonville-based attorney retained by Yamaha, conducted an external examination of the outboard motor in preparation for an anticipated diagnostic examination of the motor's Engine Control Unit (ECU), which would be completed at a later date, That initial external examination was videotaped by Yamaha (Copy provided to FDLE). Additionally, SCLA Balunan and CLA Reidy conducted a multidimensional photographic examination of the hull, as well as other requested ad hoc examinations as applicable (For details see Crime Lab report). ‘On Thursday, June 2, 2016, agents again met with FWC officials and Yamaha's Caleb Chesser at the FWC offices in Port Everglades. That date, Mr. Chesser removed the ECU from the Yamaha F115 and installed same in a Yamaha test engine, which would allow them to download the ECU data for “the last 13 minutes of operation of the subject outboard motor.” They were successful in downloading the data and drawing certain conclusions from the data. This generated a Memorandum, dated June 13, 2016, authored by Mr. Kissane. In that memo, there are several salient points that are listed with regerd to the final moments of the subjectmotor's operational life: “The data confirms that engine was operated at 2,250 RPMs from -13 minutes through -4 minutes, Thereafter, during the final 3 minutes of operation of the subject outboard it was run at idle speed (650-700 RPMs).” They add that “[djuring the final 6 minutes of operation of the subject outboard the following codes were triggered: 1) The Pulser Coil (Code 13); 2) The Thermo Sensor (Code 15); and 3) The Air Pressure Sensor (Code 28).” The memo postulates that ‘[tJhese three codes ere consistent with the outboard motor taking on excessive water.” Mr. Kissane’s memo concludes as follows: The data [obtained from the ECU] confirms that the outboard motor operated normally and as intended up until the outboard motor was submersed.” In abundance of caution, FWC agreed to commission a licensed marine surveyor to conduct an independent examination of the boat and motor to determine if the findings are consistent with those of Yamaha or are in anyway contradictory of the manufacturer's findings. On the morning of Wednesday, June 15, 2016, SA Saladrigas met with FWC officials at the Port Everglades facility where the vessel was housed. At that time, Mr. Brian G. Steller, of Stetler Marine Surveys, Jupiter, FL, conducted an examination of “the electrical cables, battery switch and ignition switch...” Mr. Stetler also did a *...review [of] the engine information obtained by Yamaha from the Electronic [SIC] Control Unit an the outboard Mr. Stetler’s report concludes that “[s}ome of the hull and deck damage were done during the salvage of the vessel..." He also opines that the battery switch, ignition switch, and bilge pump switches, which were all found off, “were moved [from their original positions] after the vessel was recovered.” Moreover, he concurred with Yamaha's conclusions regarding the subject outboard's final minutes of operation: “...that the outboard was running until it was submerged.” IRS Meeting with Mr. Christopher Edd) oast Guard ‘On Monday, June 27, 2016, at approximately 10:30 a.m., FDLE agents met with Mr. Christopher Eddy, a Search and Rescue Specialist with the U.S. Department of Homeland Security assigned to the United States Coast Guard (USCG), Seventh Coast Guard District. The meeting took place at their Brickell-area office. According to FWC officials, Mr. Eddy and his staff had conducted a f the 19foot open-fisherman, which Austin Stephanos and Perry Cohen were operating in July 2015 when they disappeared off the coast of Jupiter, FL.INVESTIGATOR'S NOTE: This excerpt is “law enforcement sensitive” and contains information that may be exempt from public disclosure under one or more provisions of 5 U.S.C. § 552(a) and 552(b). No public dissemination is allowed without the express authority of the USCG. For questions, please contact Coast Guard District Seven Legal at 305-415-6950, Review and Analysis of Six Maritime Report IR-8 | (On Thursday, August 25, 2016, after having previously arranged it with attorney Guy Rubin, FDLE agents visited the Law Office of Rubin & Rubin, in Stuart, FL, to review and analyze the Six Maritime Report, which documents a privately funded search and recovery operation conducted off the coast of Georgia in August 2015, in an effort to locate and recover evidence pertaining to the disappearance of the victims in this case. The report was commissioned by the Perry Cohen Foundation, through the victim's mother and stepfather. The six-page report, with three additional PowerPoint packets, was published on August 12, 2015, by Six Maritime, LLC, of Gainesville, FL, and chronicles the company's efforts, along with other, out-sourced partners, to comb through the littoral regions of north Georgia. According to the report, Six Maritime is a company thal offers "domestic and international security, asset recovery, training, and consultation services.” Early on, the report cites the U.S. Coast Guard (USCG) sighting of the capsized 19° vessel “67 nautical miles off the coast of Ponce de Leon inlet" and the subsequent failed recovery attempt They document their own, independent drift analysis, which differs from the WBBM concucica by the USCC. based on their analyses, they extrapolate that "debns endpotential survivors" may have made landfall around Savannah and Tybee Island off Georgia's coastal region. Their calculations, according to the report, are based on the assumption that the debris or any survivor would remain adrift for 4.9 days at a drift rate of 2.6 knots for 309 nautical miles, Based on these conclusions, they directed their assets and personnel to a 200 square mile area of coastline ranging from Sabelo Sound to Warsaw Sound (seven miles south of Tybee Island). They also set personnel and assets north of their search area, in the vicinity of Cape Hatteras, NC, in a “blocking position” as a “containment team’ in case debris or survivors rifled further north than predicted, The report goes on to say that their area of search was defined, in part, from features about that area which can be measured. It states that ‘[t}he littoral region of north Georgia is home to slow near shore currents (<1 knot) and consistently easterly offshore winds.” The most salient aspects of the operation occurred on August 3, 2012, when they located two life vests in St Catherine's and Warsaw Sounds. Hours later, they located a seat cushion. All items were said to be consistent with items purported to have been on the missing 19' vessel. These findings, according to the report, tended to “validate the accuracy of Six Maritime’s drift model and lend credibility to the teams’ designated area of operations.” ‘On August 5, 2015, again according to the report, a Ms. Julie Jones and her canine Quincy “interrogated” the recovered items. The report concludes that Perry's scent was identified on the ‘lighter colored vest’ and Austin’s scent was identified on the ‘darker colored vest.” Moreover, the report indicates that both boys’ scents were identified on the seat cushion. The report also reflects that Quincy reacted on all three items to a “cadaver scent.” In the report, they note, in response to speculation about a shark attack, two punctures discovered on the lighter colored vest; additionally, a “light” scent of blood is identified on the same vest by Quincy. The bodies were never located, and the search was called off on August 10, 2015. It is noted that on one of the three PowerPoint packets, there is one page titled "CONCLUSION" that asserts that it is Six Maritime’s “assessment that the boys, more than likely, remained together Until they were pushed by the currents into the littoral areas of Northern Georgia.” | Statement of Carlson “Carly” Frances Black IR-10 (On Tuesday, October 4, 2016, at approximately 10:30 a.m., FDLE agents met with Ms. Carlson “Carly” Frances Biack at the office of her attomey, George Harris, in Palm Beach Gardens, FL, and spoke with her regarding events July 24, 2016, in Jupiler, Florida. After brief introductions, al approximately 11:00 a.m., Ms. Black rendered a sworn statement in the presence of SA Saladrigas and Mr. Harris. Ms. Black confirmed that she is currently married to Richard Brian Black, Jr., a/k/a Bubba, and they reside in their home in Tequesta, FL, with her three children Austin Stephanos, Dakoda Stephanos, and Richard Brian Black Ill a/kla Bo. On the evening of Thursday, July 23, 2015, Perry Cohen spent the night at the Black residence with plans to go fishing with Austin the following day. They were planning to use a 19’ boat that Ms. Black's father, Richard Kuntz, had recently purchased expressly for Austin’s use. It was quite common for Austin and Perry to fish together. They had been very good friends since about age ten. They both got along great. On the morning of July 24", Ms. Black awakened at about 7:00 a.m., and fed Bo, the baby. Soon after, she received a telephone call from her father, Mr. Kuntz, inquiring about whether or not the boys’ wanted a ride to the boat. He was offering to pick them up. Ms. Black checked with the two boys, who were still in bed, and they opted to sleep a little longer. Ms. Black told her dad that they would be along later. Mr. Kuntz wanted to help out before going to the golfcourse to play @ few holes. However, he offered to leave $100 cash on the back deck, so the boys could buy gas for the boat. The boys awakened at about “9:00 a.m." They placed some snacks and tackle in her car and asked her fo drive them to the boat. She drove them to her father's house at about “9:20 a.m.," arriving minutes later, as her father lives less than a mile way. At the Kuntz residence, Ms. Black briefly exited the vehicle; she hugged her son; and the boys walked around the side of the house to the rear. To her knowledge, no one entered the interior ‘of Mr. Kuntz's home, including the garage. She believes the home was secure al the time. Ms. Black knew that the boys were going to stop for gas and make a stop at the residence of Diane ‘Stephanos, Austin’s grandmother, for rods, ice, and other miscellaneous items. Ms. Stephanos, like Mr. Kuntz, lives on the water. Ms. Diane Stephanos would later report that the boys had also taken several red portable gas containers; however, Ms. Black believed she had been mistaken. She was of the opinion that the boys may heve examined the cans but never took them on the boat. Ms. Black also confirmed that the boys picked up some ice from Diane Stephanos’ ice maker. When asked, Ms. Black confirmed that the safety equipment, lke the life vests and throw cushion, were typically kept inside the boat. The boys also stopped at the Jupiter Inlet Boat (JIB) Club to fuel the boat, according to Ms. Black. Ms. Black recalled that Austin sent her a text at 11:24 a.m. that morning to check in, as per their accord, which was that he would check in any time he was away from his home every one to two hours. That morning Ms. Black was home taking care of Dakoda and Bo. At or about 2:00 p.m. @ "quick summer storm that rolled in fast...and was fierce" passed through the area. There was rain, lightning, and wind. Ms. Black began to call and text Austin repeatedly without ‘success. At or about 3:00 p.m., she telephoned Austin’s father, Blu Stephanos, to alert him that she had not heard from Austin, and he was not answering her calls and texts. Mr. Stephanos suggested that Ms. Black give him a half hour, while he tried to call their son. Ms. Black also continued to reach the boys. At or about 3:30 p.m., she again called Mr. Stephanos, and they agreed that the boys were not responding to either of them. Mr. Stephanos stated he was going to search for them on his boat, and Ms. Black called Perry’s mother and Nick Korniloff, Ms. Cohen's husband, who were either in Miami or on their way north from Miami. Mr. Stephanos did indeed search the coastel region of Jupiter with Dakoda onboard, until at or about 9:30 p.m., when he blew the lower unit on one of his outboard engines and was forced to idle back in. Ms. Black never attempted to initiate an emergency services response. At or about “3:30 [p.m,” Ms. Black telephoned Ms. Cohen and Mr. Korniloff to alert them that the boys were unaccounted for and not responding to calls. They appeared concemed and informed her that they were going to contact the authorities. Ms. Black would nol see Ms. Cohen or Mr. Korniloff again until sometime at or about 5:00 or 6:00 p.m. at the Tequesta Police Department. It appeared to Ms. Black that there was a great deal of activity at the police station, as if they were in full alert. Ms. Black believed that Mr. Korniloff had contacted the police earlier. Ms. Black denied that either Ms. Cohen or Mr. Korniloff seemed accusatory or angry at her or her family that evening. All parties were simply exhibiting normal parental concern. Ms. Black received daily reports from the U.S. Coast Guard (USC) throughout the next few days. The first substantive lead came that Sunday, July 26", when the USCG reported sighting the vessel well offshore, somewhere east of Jacksonville. She would later learn that the USCG failed to salvage the boat: in fact, they lost the vessel before the salvage vessels could respond. The boat was not recovered until March 2016, when it was salvaged by a cargo ship. It is her understanding that the boat was brought back to Broward County; however, she has never seenthe actual boat since its recovery. She has only seen photos, and the boat does appear to be Austin's boat, albeit heavily damaged. Ms. Black learned that an iPhone had been discovered onboard the vessel among other things. She was told by FWC Investigator Kyle Patterson that the phone had been tumed over to Blu Stephanos as there was no criminal investigation; therefore, they had no authority to keep the phone. Since that time, the families of the two boys have gone to court to attempt to reach a consensus ‘on what if anything would be done with the phone. It was agreed that the iPhone would be sent to Apple in an effort to repower the phone. Apple was unsuccessful. Ms. Black believes that the phone is stil at Apple. She understood that they were going to send the phone to @ second vendor with greater expertise in a secondary effort to extract any data from the phone; however, Ms. Black is of the opinion that Ms. Cohen is withholding her consent on this decision. Ms Black believes that no effort will ever be successful in extracting probative data from the iPhone. Ms. Black, when questioned, confirmed that she was aware of the existence of the Six Maritime report. Ms. Black explained that she and her family were consulted by Pamela Cohen about the idea of hiring the firm, and they agreed. However, no one from her family has been given an opportunity to acquire or examine the report despite efforts to do so. She explained that Ms. Cohen has argued that they did not contribute to the funding for that report, so they are not entitled to it. Ms. Black confirmed that she has been intimately involved in every aspect of the effort to find answers and bring closure to the disappearance of Austin and Perry. In her opinion, the boys went fishing that day, “like they do any other day,” and they encountered the storm. She speculated that they may have hed engine trouble, as she learned that the cowling was off the engine when the boat was recovered; she felt that Austin would have removed the cowling and examined the engine in an effort to find solution if there had been trouble. Ms. Black opined that ‘they took a wave and they capsized..." When asked, Ms. Black confirmed that she believed that the boys were the victims of a tragic mishap, not the targets of anything nefarious or criminal in nature. Sworn Statement of William Blu Stephanos IR-13 On Tuesday, October 18, 2016, at approximately 10:00 a.m., FDLE agents met with Mr. Wiliam Blu Stephano at the office of his attorney, Michael Pike, in West Palm Beach, FL, and spoke with him regarding events July 24, 2015, in Jupiter, Florida. After brief introductions, at approximately 10:49 a.m., Mr. Stephanos rendered a sworn statement in the presence of SA Saladrigas and Mr. Pike. Mr. Stephanos confirmed that he is the biological father of Austin Stephanos who was born of his previous marriage to Carly Stephanos, now Carly Black. Mr. Stephanos recalled that he and Ms. Black divorced in or about 2006. On July 24, 2016, Mr. Stephanos had shared custody of ‘Austin; however, on that date, he was with his mother at her house. That particular day, he left his home in Stuart, FL, and drove to his work location in Palm Beach Gardens, FL. He had no contact with his son, Austin, that dey. Mr. Stephanos recalled getting a text message from Austin at precisely 11:24 a.m., wherein his son texted, ‘What's up? | am checking in. I'm just out here fishing.” Mr. Stephanos was busy and did not respond. Mr. Stephanos would later text his son, after hearing from Austin’s mother, that they could not make contact with the boys. Shortly afler 3:00 p.m., Mr. Stephanos initially texted Austin, 10saying, "Call me buddy." When there was no response, he added, “Hey buddy, got me and your mom really worried about you. Please call immediately or text back.” A response from Austin would never come. Mr. Stephanos clarified that the text message from Austin at 11:24 a.m., was the first indication he had that Austin was fishing that day. He knew nothing more specific about the details of their excursion. Mr. Stephanos recalled getting a phone call from Carly Biack that afternoon, moments before he sent his text, alerting him to the fact that Austin had failed to check in, and Ms. Black was unable to reach him. It was Austin’s habit to check in with his mother on an almost hourly basis, When asked, Mr. Stephanos denied being aware of any weather event passing through the area where he was working in Palm Beach Gardens. He also denied being made aware of any storm in his first conversation with Ms. Black. It was not until later, in subsequent conversations with his ex-wife that he heard about the storm that had passed through Jupiter. Mr. Stephanos visited Carly Black's home and spoke with her. He then responded to his mother’s house in Tequesta and jumped on his boat to go out and search for his missing son. Mr. Stephanos first visited the JIB Yacht Club & Marina, in Tequesta, where he inquired about the boys and topped off his gas tank on his boat. His son, Dakoda, was with him. Employees at the JIB confirmed that the boys had purchased fuel there earlier that day. Mr. Stephanos proceeded off shore to search for the boys. At or about 8:00 or 9:00 p.m., Dakoda was tired and highly emotional, so Mr. Stephanos brought his son back in. He then went back out alone, but he experienced engine trouble and was forced to retum to the dock. He then jumped on a friend’s boat and searched the coastal region of Jupiter “all night.’ The friend whose boat they used was identified as Bryan Willoughby. Mr. Stephanos never participated in any of the activities with the police that evening. ‘Sometime after the boys’ disappearance, Mr. Stephanos, after having been in the air conducting aerial searches for the boys, altended a meeting at the offices of Rob Thompson, a local businessman, who was assisting the families with the social media aspects of the campaign to find the boys. At that meeting, Mr. Stephanos learned that the Cohens had been interviewing vendors to retain for purposes of commissioning a privately funded search and rescue operation. They ultimately seemed to agree on a company named Six Maritime. Mr. Stephanos was never intimately involved in the selection process or the agreement to retain the company. However, when he leamed that they were conducting an area search off the coast of Georgia, he took it upon himself to travel to the site and offer assistance. After his arrival on the site, he was immediately confronted with strong push-back from the man in charge, one Paul Robinson. Mr. Stephanos characterized his relationship with Robinson as contentious from the start. Mr. Robinson was quite harsh in the manner in which he interacted with Mr. Stephanos. Mr. Stephanos stated that Robinson was “really tough with [him).” Mr. Stephanos was able to fly around the area in a helicopter for a time, but the relationship between him and Mr. Robinson deteriorated throughout his stay in the region. While on site, Mr. Stephanos learned of some life vests that were found in the area that a canine subsequently alerted on, but he learned little else of substance. The folks on the ground there explained to him that it was too uncomfortable end emotional to have a parent of one of the missing boys in the area of the search, Mr. Stephanos finally left. Mr. Stephanos explained how he has tried on numerous occasions to acquire the report published by Six Maritime to determine their findings and conclusions, but the company has steadfastly refused his requests for information, referring him to Nick Korniloff instead. Mr. ‘Stephanos confirmed that Six Maritime and the Cohen family have consistently refused his uefforts to get information about the operation in Georgia. When asked, Mr. Stephanos confirmed that on July 24, 2015, he had no contact of any kind with Pamela Cohen, Mr. Korniloff, or anyone else in the Cohen family. [Sworn Statement of Diane Lynn Stephanos IR44 On Tuesday, October 18, 2016, at approximately 12 noon, FOLE agents met with Ms. Diane Lynn Stephanos, Austin Stephanos' biological grandmother, in an office building in Palm Beach Gardens, FL, and spoke with her regarding events July 24, 2015, in Jupiter, Florida, After a brief introduction, at approximately 12:22 p.m., Ms. Stephanos rendered a sworn statement in the presence of SA Saladrigas. Ms, Stephanos began by confirming that she is the biological grandmother of Austin Stephanos. She also confirmed on July 24, 2015, as she does now, she resided at her residence in Tequesta, FL. On the morning of July 24, 2015, Ms. Stephanos was in the company of Tanya Kugel, her brother's girlfriend, who had spent the night at Ms. Stephanos’ home. Sometime later that same morning, Austin and a friend, Perry Cohen, arrived at her home by boat and docked behind her home, which is located on the Intracoastal. Austin had recently been given the boat by someone in the family, but Ms. Stephanos did not know any more details about the boat. Ms. Stephanos could not recall what time they arrived, but she knew it was early morning. Ms. Stephanos was awake when they arrived, but she did not become aware of their presence until they entered her home The boys had come by to pick up fishing equipment that had been left over from when Blu ‘Stephanos, Austin’s father and Ms. Stephanos’ son, had lived in the home together. The boys also wanted to get some ice for their fishing trip. The boys said they were going fishing in an effort to catch some dolphins. When questioned, Ms. Stephanos confirmed that Austin took @ ted five-gallon plastic gas tank, which he informed Ms. Stephanos that he planned to take with him. However, Ms. Stephanos never actually observed him take it down to the boat, nor did she check her garage later to determine if it was gone. Ms. Stephanos asked her grandson if they had everything they needed with emphasis on the safety equipment. According the Ms. Stephanos, Austin assured her they had everything onboard the vessel. Ms. Stephanos recalled that they only stayed at her home long enough to load the equipment and ice that they needed and they left. When asked, Ms. Stephanos confirmed that she personally had not given them money. The boys never specified whether they were going to make any intermediate stops before going “dolphin fishing.” Ms. Stephanos could not recall with any specificity what she did after the boys left; however, she vaguely recalled following her daughter to a repair shop sometime that morning to drop off her daughter's car and drive her back home. When asked if she had experienced the storm or had been in the geographical area of the storm as it passed, Ms. Stephanos could not recall exactly. She did add, however, that she may have been inside a building in Palm Beach Gardens with Ms. Kugel, attending a play in which Ms. Kugel's son had 4 role. She could not recall being affected or consciously aware of the passing storm at any time. That afternoon, she received a call about Austin. She could not recall who called her, but the caller was alerting her to the fact that Austin could not be reached by family members. She could not recall the storm being mentioned. But she remembered being gravely concerned about the news that Austin could not be reached. She characterized her alarm as a ‘consequence of the fact that Austin is usually dependably consistent with checking in frequently.At the time of the call, she was unaware if Austin was still on the boat fishing or back home, so that did not necessarily factor into her unease. She "had no idea where he was.” She felt that she needed to go straight home. The remainder of the afternoon, the events of July 24, 2015, was a blur. She did recall hearing, at one point, that Carly was at the Tequesta Police Department, so she drove herself fo the station. She could not recall who was present when she arrived, but she did note that throughout the evening she encountered Carly, Pamela Cohen and Nick Korniloff. She could not specifically recall who else may have been at the station. Ms. Stephanos characterized the mood there as one of "concern." She recalled that the police were very professional and would frequently stop in the room where the families were seated to determine if they needed anything. She was not made privy to the specifics of the emergency response operation, if any. Ms. Stephanos did not recall seeing any evidence of animus or contention between members of the two affected families. Ms. Stephanos even recalled giving Ms, Cohen a black sweater that she was wearing when leaming the Pamela was cold. The prevailing concern there seemed to be for the safe return of the missing boys; nothing more was apparent to Ms. Stephanos. Ms. Stephanos was never involved or privy to the litigation that followed, nor was she part of any of the protracted search efforts, She confirmed that she made several attempts to contact her grandson by phone or text throughout the day of July 24", but ‘she never received any responses, ‘Sworn Statement of Tanya Celine Kugel IR-16 (On Monday, November 7, 2016, at approximately 10:30 a.m., FDLE agents met with Ms. Tanya Celine Kugel at her home in Palm Beach Gardens, FL, and spoke with her regarding events July 24, 2016, in Jupiter, Florida. Alter a brief introduction, at approximately 10:45 a.m., Ms Kugel rendered a sworn statement in the presence of SAs Saladrigas and Breen. Ms. Kugel confirmed that she is a close friend of the entire Stephanos family, and her boyfriend, Guy Stephanos, is Austin Stephanos’ grand uncle, brother of Diane Stephanos. On the morning of July 24, 2015, Ms. Kugel was spending several days at Diane Stephanos’ home in Tequesta, FL. Ms. Kugel awakened that morning at about 7:50 a.m. and went to the counter in the kitchen to do some work. She was starlled when Austin and Perry Cohen, his friend, came in through the rear sliding glass doors at about 8:30 a.m. The boys, she would learn, came up by boat and docked behind Ms. Stephanos’ home, which backs up to the Intracoastal. Austin announced ‘that he needed some ice from Ms. Stephanos' ice maker and also availed himself of a small red portable gas tank that Diane had at the home. The two boys were going fishing. Ms. Kugel observed Perry carry the emply red gas tank go into the boat, and Austin carried a five-gallon plastic bucket full of ice, which he put into a Jetty cooler. Ms. Kugel asked the boys what they doing up so early, and they told her they were going “dolphin fishing.” Ms. Kugel assumed they were going to switch boats because the previous day, Austin had made it back in just in time to avert a storm, and since they were going “out in the ocean’ to fish for dolphin, Ms. Kugel assumed that Austin’s boat would be too small. She was nervous about this, and she admonished the boys to come in early to avoid the afternoon summer storms. Austin reassured her, saying, “Don’t worry, I've done this.” Ms. Stephanos also calmed Ms. Kugel as if she were comfortable with it. They briefly spoke about dolphin, and the boys offered to share any fish they caught with Ms. Kugel, when she mentioned that her son loved Mahi. Finally, Ms. Kugel urged them to wear shirts, as they were topless, and she offered them towels. Ms. Kugel Bremained somewhat troubled with the fact that they were going in Austin’s small boat. She knew that the boat had been a gift from Austin’s grandfather. No references to the boat were made in her presence thal morning. However, days earlier, Blu Stephanos, Austin’s dad, had reported having taken Austin to an urgent care center when he slipped on the boat and suffered minor injuries. The mishap, according to Ms. Kugel, had somehow involved the Bimini top on the boat, and after the boys were reported missing, Blu would express concems that the boys were being exposed to the sun because the Bimini top may have somehow maffunctioned. Ms. Kugel recalled leaving the Stephanos home at about 9:10 a.m. because she was late for a doctor’s appointment; she estimated that the boys had departed by boat at approximately 9:00 a.m. She added that Diane was waiting for her daughter, Sara Kavney, to arrive, as Sara needed a ride as her car was "broken down.” Ms. Kugel spoke again with Diane sometime at about 2:00 p.m., as they were to attend a play that Ms. Kugel's son was acting in that afternoon. Ms. Stephanos told Ms. Kugel that she would have to wait awhile before departing because a bad storm was passing through the area. Ms. Stephanos was with Dakoda Stephanos, Austin’s younger brother. Ms. Stephanos aiso mentioned that she would have to drop off Dakoda before Teuniting with Ms. Kugel to attend the play. According to Ms. Kugel, neither she nor Ms. Stephanos were concemed about Austin by then because both assumed the boys had already returned from their fishing trip. Ms. Kugel and Ms. Stephanos attended the play together. After the two women exited the play, sometime at or about :00 p.m., Ms. Stephanos received a frenetic call from her former daughter-in-law, Carly Black, who was hysterically "screaming" due to the fact that they had not heard from the boys for hours. Ms. Stephanos insisted that they cancel their plans to get something to eat and return home to await news of the boys. Ms. Kugel believed that one or more of the Stephanos family were awere, by then, that the boys were unaccounted for; however, she could not say if the Cohens had been notified at that time. She did discover that Cerly was at the Tequesta Police Department (TPD) when she called Diane Stephanos to alert her. Diane would eventually join Carly and others at the TPO. While Ms. Kugel played a role in the social media drive and other efforts that unfolded over time in an effort to find the boys, that was the last thing she did on the day of their disappearance. Ms. Kugel did recall, however, that there was a boy, Nicholas Bingo who was supposed to go fishing with the boys that day. As she understands it, Master Bingo was sick in bed that morning with strep throat and did not get the message until later when he woke up. By then the boys had gone fishing without Nicholas. Ms. Kugel heard that Master Bingo had been very distraught after missing their call and hearing about the boys’ disappearance. Telephone Interview of Nicholas Bingo _ IRA7 ‘On Monday, November 7, 2016, FDLE agents took @ swom statement from a witness, Tanya Celine Kugel, after it was learned that she had seen and spoken with Austin Stephanos and Perry Cohen on the morning of July 24, 2015, before the boys went fishing. Ms. Kugel, during her statement, mentioned that she had understood that the boys were supposed to pick up Nicholas Bingo, a friend of theirs, to go fishing with them on that fateful day. However, Nicholas Bingo was reportedly stricken with strep throat and was unable to go. Ms. Kugel did not know whether the boys had spoken with Nicholas Bingo that moming.On Saturday, November 19, 2016, at approximately 4:30 p.m., SA Saladrigas spoke with Nicholas Bingo via telephone about the events of July 24, 2015. He advised that he had not been ill that day; he had actually been fishing with a friend in inland waters. He recalled getting a Snapchat from Perry and Austin sometime between 12:00 ~ 1:00 p.m. He remembered that it ‘was shortly before a storm passed through the area. Perry and Austin reached out to him and several others, asking if anyone wanted to go fishing. Nicholas never responded to the message because he was already fishing with someone else. In the message, Nicholas confirmed that the boys mentioned something about going to the Bahamas. He could not recall anything else, but suggested FDLE contact Peyton Shoor, another friend who had received the message, as Nicholas felt he would recall more. No other information was oblained from Nicholas Bingo during the telephone interview. | Receipt and Review of Call/Text Phone History from FWC IR-18 | Sometime on or about Wednesday, September 21, 2016, FDLE agents, after having previously requested any and all telephone records acquired by the Florida Fish and Wildlife Conservation Commission (FWC) during their original investigation, received 2 FedEx package with the requested state agency's records. On Monday, November 28, 2016, a review of the califtext history proved to be only that of the missing phone, registered to William Blu Stephanos, which was recovered in March 2016, when the capsized vessel was salvaged off the coast of Bermuda. The records had been analyzed previously by FWC. Nothing new was uncovered. When asked if there were any other phone records in connection with the case, FWC Captain Jeff Ardelean reported back that the aforementioned a records were subpoenaed exclusively to allow the U.S. Coast Guard Ill Inquiry as to Boating License for Victims IR21 On Wednesday, December 07, 2016, FDLE contacted FWC and requested information on whether either Austin Stephanos or Perry Cohen had taken the “commission-approved boater ‘education course” as required pursuant to F.S.S. 327.395 and had obtained their Boating Safety Identification Cards, as required by the same statute. FWC Investigator Kyle Patterson contacted SA Saladrigas and advised that both boys had taken the online boater education course and had obtained their identification cards. The following was produced by FWC from their database as proof of same: 1) Austin Stephanos — ID #640769 - Date Taken: 03/24/2012 & Date Entered: 03/26/2012 2) Perry Cohen — ID #729659 — Date Taken: 08/06/2014 & Date Entered: 08/08/2014 aed Phone History IR-22 On Monday, February 6, 2017, Special Agent (SA) William V. Seladrigas of the FDLE Mi Regional Operations Center (MROC) received production from AT&T in response to subpoena duces tecums (SDT) issued by the Palm Beach County State Attorney's Office (SAO) in connection with specific family members of the Stephanos, Black, and Cohen families. The production was turned over to Senior Crime intelligence Analyst (SCIA) William Nugent with specific instructions to conduct analyses of the raw data to determine a timeline, with regards to the telephone activity for the events of Friday, July 24, 2015. and Analyses of Suby | ReviSCIA Nugent analyzed the data and generated the following conclusions: Carlson “Carly” Frances Black, 561-262-9292 ~ Records indicate that Ms. Black received, what appears to be a text, from Austin Stephanos’ cellphone at 11:25 am. Ms. Black subsequently made several calls to her ex-mother-in-law, Diane Stephanos, once at 1:49 p.m. for one minute; once at 2:26 p.m. for 9-10 seconds; and once at 2:30 p.m. for one minute and 25 seconds. It is also indicated that Ms. Black contacted her ex-husband (Austin's biological father) William Blu Stephanos, at 3:05 p.m., which lasted for one minute and 53 seconds. Ms. Black also called Ms. Pamela Cohen at 4:12 p.m., which lasted six minutes and five seconds. William Blu Stephanos, 561-262-1896 — Records indicate that Mr. Stephanos, after receiving the aforementioned call from Ms. Black, sent a text to Austin’s cellphone at 561-427-5680. Diane Stephanos, 561-406-3703 — Records indicate that Ms. Stephanos received the calls ‘enumerated above from Ms. Black. Ms. Stephanos also exchanged a series of text messages with Ms. Tanya Kugel at 561-427-3074, followed by a telephone call with Ms. Kugel at 2:24 p.m., which lasted 2 minutes and 48 seconds. Pamela Cohen, 561-322-5611 — Records indicate that Ms. Cohen called or texted Austin's phone §61-427-5680 at 3:28 p.m., which lasted 0 seconds. Ms. Cohen also received a call from Ms. Black at 4:12 p.m., which lasted six minutes and five seconds. Nickolas Korniloff, 561-613-9695 — Records indicate that Mr. Komniloff called 561-625-5122, the FWC at 4:20 p.m. and then quickly at 4:21 p.m. called the North Palm Beach Public Safety number (911), which lasted six minutes and 64 seconds. tatement of Nicholas Korniloff IR-23 ‘On Wednesday, February 22, 2017, al approximately 9:45 a.m., FOLE agents met with Mr. Nicholas Anthony Korniloff at his home in Tequesta, FL, and spoke with him regarding events July 23/24, 2015. After a brief introduction, at approximately 10:01 a.m., Mr. Korniloff rendered a swom statement in the presence of SA Salacrigas Mr. Korniloff advised that he is married to Pamela Cohen, Perry Cohen's biological mother, and he has served as Perry's de facto stepfather for all the years he and Ms. Cohen have remained together. Mr. Korniloff, when asked, confirmed that he has never legally adopted Perry Cohen. Mr. Korniloff recalled that one the evening of July 23, 2015, Perry was to spend the night at the residence of his friend, Austin Stephanos, and they were to "go fish the river the next morning.” Mr. Korniloff had no contact with Perry on the evening of the July 23, 2015, after Perry left for Austin’s home, and he had no contact with Perry anytime on the morning of July 24, 2015. Mr. Korniloff assumed that they would fish inside the Intracoastal, not so much for what he had been told by Perry or anyone else, but for the fact that Pamela Cohen had previously and repeatedly made it clear to Carly Black that they were not to go into the ocean in Austin’s boat when Perry was onboard. The two mothers, according to Mr. Korniloff, had reached an affirmative agreement that the boat was not to go out of the inlet when Perry was in the boat. Mr. Korniloff added that he and Richard “Bubba” Black, Carly's husband, had spoken several time about arranging a boat trip to the Bahamas, so that the boys could fish offshore, as Perry was not permitted out without an adult on the vessel. Moreover, Mr. Korniloff knew that it waswidely known at Mr. Black's business [Grand Slam Bait & Tackle], where the boys worked part time, that Perry was not allowed offshore while unsupervised by an adult. Mr. Korniloff stated that ‘there was an understanding universally...that Perry's not allowed offshore.” On the morning of Friday, July 24, 2015, Mr. Korniloff had scheduled a sea trial at or about 7:30 a.m., with a prospective buyer of a boat he had purchased from Bubba Black the previous February and was now selling in July. He and a friend, Alan McPherson, of Stuart, FL, took the boat to the ramp at Burt Reynolds Park, and they conducted the sea trial with the buyer(s) before returning to the ramps. Mr. McPherson returned the trailer, and Mr. Korniloff transported the boat by water to a wet slip he rents nearby. Mr. Korniloff recalled that at or about 9:15 — 9:30 @.m., he and Pamela Cohen drove to Miami on business. They remained in Miami until about 2:30 - 2:45 p.m. At that time, Mr. Korniloff and his wife left Miami for their home in Tequesta, FL Some time at or about 4:15, while looking for a place to eat near Boca Raton, Mr. Koriloff recalled receiving a disturbing call from Carly Black. Ms. Black called Pamela's phone to report that the boys had been unaccounted for since 11:30 a.m. that morning, Mr. Komiloff also remembered Ms. Cohen saying to Ms. Black that she too had tried texting the boys without getting a response. During the conversation, according to Mr. Komiloff, Carly Black revealed to them that the boys had gone offshore in the boat. Mr. Korniloff was shocked, and immediately decided to call the authorities and initiate sn emergency response. He described uttering the words, “Oh shit! We've gotta call the police!” Mr. Korniloff called 911, while Ms. Cohen continued her conversation with Ms. Black. He was initially connected to the Boca Raton 911 Center and was subsequently forwarded to the Jupiter 911 Call Center. The 911 operator began asking probing questions about the incident, i.e. questions about the boat and when was the last time anyone had heard from the boys. At one point, the 911 operator informed Mr. Korniloff that there had been a ‘bad storm’ in Jupiter earlier that afteroon, sometime at or about 12:30 p.m. According to Mr. Korniloff did not disclose this fact, to his wife, worried about her mental state at the time. Mr. Korniloff expressed shock and dismay over learning that Austin’s family had betrayed a trust with regards to the limitations clearly placed on Perry's authority to go offshore. However, he was more concerned about the fact that over four hours had passed since anyone had heard from the boys and mo one had initiated an emergency response. Mr. Korniloff could not conceive how anyone in Austin’s family, having personally experienced the storm and knowing the boys were offshore unaccounted for, would not have summoned authorities in a timely manner. Mr. Korniloff did not hesitate, upon leaming of the situation, in calling police. Mr. Korniloff and Ms. Cohen ultimately were directed to drive to the Tequesta Police Department. Mr. Korniloff remembered that Ms. Cchen encouraged Ms. Black to meet them there, but she remained loath to respond. Eventually, Ms. Black and other members of Austin’s family began to arrive at the Tequesta Police Department. Ms. Diane Stephanos, William Blu Stephanos' mother and Austin’s paternal grandmother, came in “blurting out” that there had been two red gas cans on the boat, when the boys left her house. The significance of this revelation became evident later when it was linked to @ rumor that Mr. Korniloff said was ‘emerging that the boys may have gone to the Bahamas. This rumor took form within 24 ~ 48 hours of the boys’ disappearance and perpetuated when a ‘snapchat” emerged from the boys that read “Peace out Jup [sic].” Mr. Korniloff contacted people they know in the Bahamas, and Carly Black made contact with her husband, Bubba, who had gone fishing previously in the area of West End in the Bahamas. ”Mr. Korniloff confirmed that, at the present time, Perry and Austin’s whereabouts remain unknown. He also emphatically reiterated his sincere belief that critical hours were lost due to the unexplainable delay in initiating an aggressive, coordinated, and effective search and rescue operation soon after the storm, especially when it became evident that the boys could not be contacted. He is convinced that this fact critically altered the possibilities of rescuing the boys while the opportunity still existed. While Mr. Korniloff empathized with everyone's sense of panic, as he two was in a state, he found it difficult that ineffective measures were implemented in an effort to locate the boys, like Blu Stephanos wandering out on his own boat. But it occurred to no one with knowledge of the circumstances as they were developing to call for emergency assistance from the authorities or even to timely contact him and his wife. Mr. Koriloff ascribes Ms. Black's reluctance to call them was directly linked to her guilt for having allowed them to go offshore. | Sworn Statement of Pamela Cohen IR24 (On Wednesday, February 22, 2017, at approximately 11:15 a.m., FDLE agents met with Ms. Pamela Cohen at her home in Tequesta, FL, and spoke with her regarding events of July 23/24, 2015, in Jupiter, Florida. After 2 brief introduction, at approximately 11:18 a.m., Ms. Cohen rendered a sworn statement in the presence of SA Saladrigas. Ms. Cohen bagan by confirming that she is the biological mother of Perry Cohen and the wife of Nicholas Komiloft. Ms. Cohen advised that she and Mr. Komiloff have been together for ten years and married the last five. During all that time, according to Ms. Cohen, Mr. Korniloff has ibeen like a father to Perry, although he has never legally adopted him. Ms. Cohen remembered that she, Mr. Korniloff, and Perry had returned early on the week of July 20, 2015, from a protracted trip to New York, and sometime on Thursday, July 23, 2015, Perry went to visit his friend Austin Stephanos. When Perry returned home that afternoon, he announced that he was. ‘spending the night at Austin’s house, and he asked to borrow the GPS unit from the small boat that Mr. Korniloff had purchased for him, which was kept on the side of their house. Mr. Korniloff explained to Perry that his GPS would not work on Austin’s boat unless it had the corresponding wiring and mounting gear. Ms. Cohen recalled being surprised that Austin’s boat was not equipped with a GPS, given that his parents owned a “fishing and boating supply store.” Ms. Cohen last saw her son on the evening of Thursday, July 23, 2015. On the morning of July 24, 2015, Perry texted Ms. Cohen, telling her that he and Austin were going fishing for ‘Redfish" [Red Drum], which is typically an inshore species. Ms. Cohen conceded that while Perry had gone out on the boat with Austin before, it did not occur too frequently because Austin was allowed to go offshore and Perry was not permitted. Ms. Cohen verified that she had clearly ‘communicated to members of Austin’s family that Perry was not allowed offshore without an adult onboard. Carly and Bubba Black were both keenly aware of this proscription, as well as ‘other members of the Black family, according to Ms. Cohen. Not only had she spoken with Carly Black about this, but Ms. Cohan remembered that during a past trip to the Bahamas, where Perry went with numerous members of the Black family, they were told that under no circumstances was Perry allowed to go offshore fishing without and adult onboard. Ms, Cohen knew from texting with Perry on the morning of July 24, 2015, that his iPad was low ‘on charge. She became aware at some point during that morning that Austin’s iPhone was the only remaining means to communicate with her son. That morning, Ms. Cohen visited an area urgent care facility to seek treatment for a foot injury she had sustained during their recent trip to New York. Mr. Korniloff had a sea trial that morning in an attempt to sell his boat to aninterested buyer. Later that moming, Ms. Cohen and Mr. Korniloff drove to Miami on business. ‘and remained there during the rest of that morning and through the early efternoon. Sometime after 2:00 p.m., they left Miami, headed north toward Tequesta. Ms. Cohen assumed the boys were back on land at that point, so she tried texting Perry on his iPad without success. She then tried Austin’s phone also with negative results. She confirmed that a 3:38 p.m. ‘communication between her phone and Austin’s phone would have been consistent with the Previously mentioned attempt to reach her son. ‘Sometime at or about 4:15 p.m., Carly Black telephoned Ms. Cohen and alerted her to the fact that they had lost contact with the boys several hours earlier. When questioned, Ms. Black informed Ms. Cohen that their last contact with the boys had been at 17:30 a.m. Ms. Cohen said that she fell "panic’ when receiving this information about her son. She verified, when asked, that neither she nor Mr. Korniloff had any idea at that time that a storm had passed through the Jupiter area earlier that afternoon. During the telephone conversation, Ms. Cohen was informed by Ms. Black that the boys had gone offshore in the boat. Ms. Cohen “screamed” and repeated what she had been told to her husband, seated next to her in the car. Mr. Korniloff immediately dialed 911 Mr. Korniloff was initially connected to the Boca Raton 911 Call Center due to the fact that they were driving north on I-95 and were geographically in their area of responsibility. Boca Raton transferred Mr. Korniloff to the Jupiter 911 Call Center, where they were questioned about the events as they were known at the time, At one point, Ms. Cohen overheard the 911 operator informed Mr, Korniloff that a ‘severe storm” had passed through the Jupiter area at about 1:30 p.m. that afternoon, Ms. Cohen confirmed that this revelation exacerbated her congemn for the safety of the boys “by 1000 percent." Ms. Cohen and her husband were directed to the Tequesta Police Department, where they arrived at approximately 5:00 p.m. Ms. Cohen called Carly Black to encourage that she too respond to the Tequesta Police Department, but Ms. Black steadfastly refused for unspecified reason(s). Ultimately that evening, Ms. Black arrived at Tequesta Police Department, followed shortly after by Wiliam Blu Stephanos' fiancée at the time, and Diane Stephanos, Austin’s paternal grandmother. Ms. Black and Mr. Stephanos' fiancée both had infants in their arms, Ms, Cohen had never met Ms. Diane Stephanos before that day. According to Ms. Cohen, Diane Stephanos arrived "panicked," announcing that when the boys had come by her home earlier that morning they took, among other items, two red portable gas cans with them. Ms, Cohen remarked that this news had a chilling effect on her too, as this signaled to her that the boys had planned for an extended boat trip, hence the extra gasoline. Ms. Cohen remained at Tequesta Police Department until about 11:00 p.m. that night. To this day, Ms. Cohen verified that she has never had any further contact with Perry or Austin. She further established that she has no knowledge of their current whereabouts or condition. Ms. Cohen wanted to add that during their stay al Tequesta Police Deparment, Ms. Black was questioned by police officials about the contents of the boat that Perry and Austin were ‘operating when they disappeared. Among the items that Ms. Black recited, was a “sixty-five quart Yeti cooler.” Ms. Cohen recalled thal this fact gave her a sense of peace, citing the fact that such a large cooler could function as a floatation devise or a makeshift boat. Ms. Cohen also leamed that Blu Stephanos had gone offshore sometime that afternoon on his boat searching for the missing boys. Ms. Cohen recalled that Mr. Stephanos was summoned to Tequesta Police Department at some point, and he announced that he had experienced engine trouble on the boat so he would be delayed. 19Ms. Cohen also added that the day the U.S. Coast Guard called off the search and rescue operation, she was seated in her kitchen at her laptop, when Bubba Black walked in, leaned down and whispered in her ear that the Yeti cooler in the boat had not been a 65 quart cooler but in fact was a 35 quart cooler. Ms. Cohen could not say why he chose that method to inform her of this material error in fact, especially given that they are in that business and should intimately know the details of brand items they sell. Ms. Cohen stated that she was “completely blown away” by this news, as she had previously gone on national television announcing that there was hope for the boys because there had been this large cooler onboard that could be used as a fioatation device. She was so shocked that she actually vomited afier hearing from Mr. Black. Ms. Cohen speculated that it had been more than mere coincidence thal Mr. Black had waited until the day the search and rescue operation was terminated to inform her of this, blunder. Ms. Cohen also questioned why Austin's phone continued to ring if it was dead or somehow contaminated by water intrusion, etc. Ms. Cohen recalled that within 48 hours of the boys’ disappearance, she turned over all of Perry's electronic devices to the authorities, so as to allow them to forensically examine them for anything of value that might aid in the search. Ms. Cohen, while at the Tequesta Police Department on July 24, 2015, also contacted a mutual friend of the boys, Max Botcher, who had a boat of his own and was also permitted to go offshore without parental or adult supervision. Thinking that Master Botcher may know some of Austin’s fishing haunts, she asked him about their experiences together offshore. Mr. Botcher informed Ms. Cohen that they would typically go south out of the Jupiter Inlet. She ‘communicated that information to the authorities. Lastly, Ms. Cohen questioned a television interview that Richard Kuntz, Austin’s paternal grandfather, gave to the media on or about Sunday, July 26, 2015, while standing on the very dock from where the boys departed that morning. During the televised interview, Mr. Kuntz declared that he believed that "the boys never saw Saturday.” Ms. Cohen found that ‘assumption “horrifying.” It seemed to Ms. Cohen to be contrary to the overwhelming consensus of other family members who seemed unified in the hope that the boys would be found alive at that point. Additional Anticipated Resources _ David Zierden, the official State Climatologist for Florida, who is on staff at the Florida State University in Tallahassee. is prepared to produce a comprehensive report (for @ fee) outlining the internal dynamics, speed-over-ground, and direction of travel for the storm that passed through Jupiter on the date the boys were reported missing. Additionally, it is anticipated that, if needed, subject matter experts at the U.S. Coast Guard (or Ryan Dilkey, Assistant Director of Waterfront for Eckerd College - SAR) could provide expert testimony to clarify the effect that a delayed overdue vessel report could have on the statistical probability of a successful search and rescue operation. This would be of probative value if the State intends to prove that Ms. Black's hours-long delay in reporting the boys’ disappearance to Perry Cohen's parents and her failure to report the overdue vessel to the authorities in a timely manner may have diminished the likelihood of the boys being rescued safely exacerbating the initial neglectful act of allowing the boys to go offshore without adult supervision in @ small, minimally equipped vessel resulting in their death. 20FDLE Conclusion SA Saladrigas believes that all of the above information provides probable cause for the violation of the following Florida State Statue(s): Abuse, aggravated abuse, and neglect of a child F.S.S. 827.03(eX1) The above conclusion was based in part on the following factors: On the morning of Friday, June 24, 2015, Austin Stephanos and Perry Cohen, both 14 years of age al the time, were permitted by Carly Black to go offshore into the Atlantic ‘Ocean, an inherently dangerous environment, in a minimally equipped, 19° boat with a single outboard motor without adult or parental supervision. The boat, while by all accounts fundamentally sound, was not equipped with any electronic or communications. ‘equipment, such as VHF radio, GPS, or EPIRB, which would have made a successful rescue infinitely more probable. In this context, it would be important to note that Carly and Bubba Black are in the marine supply business in that they own and manage Grand Slam Sport Fishing Supply in Jupiter, FL. Moreover, one or more of the Stephanos family members knew that the boys had narrowly avoided being caught in a storm the previous day while on the boat. Moreover, this egregious lapse in judgment and failure to exercise due care had the effect of culminating in the disappearance of both boys who are now believed to have perished in the mishap. Pamela Cohen and Nicholas Korniloff both testified thal Perry Cohen was explicitly prohibited from going offshore without an adull(s) being onboard. According to Perry's mother, she had expressly communicated this fact repeatedly to Carly Black and other family members of the Stephanos/Black families. Ms. Tanya Kugel, a seemingly rational and prudent person who rendered swom testimony to FDLE, admitted that she was concemed at the Stephanos' residence when the boys came through on the morning of July 24, 2015; she expressed serious concerns about allowing the two boys to go offshore on such a small boat without adult supervision. Moreover, she told FDLE agents about the fact that the boys had come to Ms. Stephanos’ dock the day before claiming that they had narrowly outrun @ storm while out on the boat. Ms. Black testified in her statement to FDLE that at or about 2:00 p.m., on July 24, 2015, she had been aware of a “quick summer storm that rolled in fast...and was fierce.” She had testified that she had last heard from Austin at 11:24 a.m. After repeatedly trying to contact her son unsuccessfully, she first called her ex-mother-in-law, Diane Stephanos, and then called her ex-husband, William Blu Stephanos, at or about 3:00 p.m. to alert them to the unfolding situation. Mr. Stephanos, after also being unable to communicate with his son, chose to go out on his boat to search for the boys out of Jupiter Inlet. However, no one contacted the authorities or Perry's parents until 4:15 p.m. that afternoon — over two hours after they knew of should have known that the boys were in imminent danger. It was not until Perry's mother was alerted by Ms. Black after 4:00 p.m. that afternoon that the authorities were contacted immediately by Perry's 21stepfather, Nicholas Koriloff, at or about 4:20 p.m. Mr. Korniloffs call to 911 was what prompted a massive, coordinated search and rescue operation. Notarizations | swear the foregoing is @ true and accurate summary of facts either personally known to me, or derived from statements provided to me or to other law enforcement officers during the course of this investigation. SWORN to and SUBSCRIBED This day of 2017 Special Agent William V. Saladrigas (Notary Public or LEO) Florida Department of Law Enforcement Miami Regional Operations Center 1030 Northwest 111” Avenue Miami, Florida 33172 2