Paces Cove_La Familia Hideout in Dallas

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    Case 3:11-cr-00202-P Document 2 Filed 06/08/11 Page 1 of 8 PageID 3

    United States District C urtAO 91 (Rev. 8/85) Criminal Complaint

    NORTHERN

    UNITED STATES OF AMERICAV.

    Luis Ortiz(l)a.k.a. Luis Ortiz Campuzano

    (Name and Address of Defendant)

    FILEDJUN - 8 2011

    CASE NUMBER: 3-11-MJ214I, the undersigned complainant being duly sworn state the following is true and correct to the best

    ofmy knowledge and belief. On or about June 7, 2011, in Dallas Division ofthe Northern District ofTexas, defendant, did

    unlawfully, knowingly and intentionally possess with intent to distribute 500 grams or more ofmethamphetamine, a controlled substance,

    in violation of Title 21, United States Code, Section 841 (a)(l).I further state that I am a(n) Special Agent with the Drug Enforcement Administration, (DEA)

    and that this complaint is based on the following facts:See attached Affidavit ofDEA Special AgentShwan Aziz, which is incorporated and made a parthereof by reference.

    Continued on the attached sheet and made a part hereof: X Yes No

    SHWAN AZIZSpecial Agent, D

    Sworn to before me and subscribed in my presence, on this day of June, 2011, at Dallas,Texas.

    RENEE HARRIS TOLIVERUNITED STATES MAGISTRATE JUDGEName & Title of Judicial Officer

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    AFFIDAVIT

    INTRODUCTION

    Special Agent, Shwan Aziz, being duly sworn, states:I, Shwan Aziz, am a Special Agent of the Drug Enforcement Administration

    (DEA) and commissioned to enforce the Comprehensive Drug Abuse Prevention andControlled Substances Act of 1970. I have been a DEA Special Agent since October1998, and am currently assigned to Task Force Group One of the DEA Dallas FieldDivision Office to conduct Federal Narcotic Investigations in the North Texas area.

    This affidavit is based on my own personal knowledge and information related tome by other law enforcement agents and officers participating in this investigation. Itdoes not contain every fact known to me or other law enforcement agents or officers andis submitted for the limited purpose of establishing probable cause. For the reasons setforth below, I believe there is probable cause that Luis Ortiz, a.k.a. Luis OrtizCampuzano knowingly and intentionally committed the following offense against theUnited States, to wit: possession with the intent to distribute 500 grams or more of amixture or substance containing a detectable amount ofmethamphetamine, a Schedule IIcontrolled substance, in violation of21 U.S.C. 841(a)(l) and (b)(l)(A).

    FACTS TO ESTABLISH PROBABLE CAUSEAffiant, personally and in conjunction with other special agents and DEA task

    force officers, has been engaged in an investigation of various Dallas-area

    Affidavit - Page 1

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    methamphetamine distribution cells operating on behalf ofLa Familial sinceapproximately April 2010. Based on numerous wire and electronic intercepts conductedduring the investigation, affiant learned that these various Dallas-area cells, including thecells operated by Jesus Rangel and Enrique Gonzalez, routinely conspired with each otherto distribute methamphetamine and launder the related proceeds on behalfof the greaterorganization that is La Familia. The conspiracy is an ongoing criminal enterprise that hasas its main objective the importation and distribution of large quantities ofmethamphetamine and the laundering of drug proceeds.

    From approximately April 2010 to the present, the conspiracy engaged in theimportation and distribution of illegal controlled substances and the laundering of drugproceeds. From April 2010, to June 7, 2011, agents used numerous court-authorized wireand electronic intercepts to intercept communications over cellular telephones utilized byRangel, Gonzalez and other members of the conspiracy. On June 22,2010, a series ofcalls was intercepted on the court-authorized wire-intercept of a cellular telephone usedby Gonzalez. The recorded calls indicated Gonzalez was scheduled to deliverapproximately one pound ofmethamphetamine to Rangel. Prompted by the interceptedcalls, agents followed Gonzalez and a coconspirator to a car wash in close proximity to

    13100 Pandora Drive in Dallas, Texas. Agents observed Gonzalez meet with Rangel and1 La Familia is a drug cartel based in Michoacan, Mexico, whose primary function is the

    distribution ofmethamphetamine and cocaine from Mexico into the United States. La Familia uses asophisticated network of distributors based throughout the United States to distribute drugs and ensurethe related proceeds are collected and smuggled back to the leaders in Mexico.Affidavit - Page 2

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    believed Gonzalez delivered the drugs to Rangel at the car wash. Agents then followedRangel to 13100 Pandora Drive, and observed Rangel carry a bag inside apartment 726.Rangel drove a 2000 Honda registered to Jose E. Losano at 1122 Beverly Drive, Garland,Texas. Affiant believes Rangel picked up the methamphetamine from Gonzalez at the carwash and then stored the drugs at 13100 Pandora, apartment 726.

    Affiant notes that on May 25,2011, a grandjury in the Northern District ofTexasreturned an indictment against 46 members of the drug trafficking organization, includingRangel and Gonzalez. The indictment returned by the grand jury charged the defendantswith conspiracy to possess with intent to distribute and distribution ofmore than 500grams of a mixture and substance containing a detectable amount of a controlledsubstance, to wit: methamphetamine.

    On June 7, 2011, agents contacted the management of the Paces Cove apartmentcomplex, located at 13100 Pandora, Dallas, Texas. Agents were at the location to executethe arrest warrant on Rangel and asked the management who currently lived in apartment726, the apartment identified by agents as used by Rangel. The apartment managementadvised agents that Luis Ortiz was the tenant of apartment 726, and told agents thatanother individual also lived in the apartment with Luis Ortiz; however, the management

    did not know the identity of the individual living with Luis Ortiz. Agents requested amaster key for apartment 726 to execute the arrest warrant for Jesus Rangel. Agents thenknocked on the door to the apartment, but did not receive an answer. Agents attempted to

    Affidavit - Page 3

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    open the door with the key provided by the management and noticed that the key did notopen the door. Agents contacted the apartment management who advised agents that theoccupants violated the lease agreement by changing the lock on the door. Therefore, theapartment management dispatched their maintenance personnel to change the lock on thefront door and requested that the agents and officers accompany the maintenancepersonnel to apartment 726 for the safety of the maintenance personnel.

    The maintenance personnel eventually opened the front door and enteredapartment 726 to contact the occupant(s), while agents and officers remained outside. Ashort time later, the maintenance personnel exited the apartment carrying a gallon-sizedclear plastic bag containing what later tested presumptively for methamphetamine. Themaintenance personnel recovered the bag ofmethamphetamine from an open kitchencabinet. Agents and officers remained outside of the apartment and contacted affiant toprepare a search warrant.

    While awaiting the search warrant, agents interviewed another tenant of buildingseven who saw Luis Ortiz walk toward building seven. The tenant pointed to Luis Ortizand said Luis Ortizwas the person who lived in apartment 726. At that point, LuisOrtiz observed the officers and ran on foot away from the location. After a short foot

    chase, officers detained Luis Ortiz who claimed that he lived in apartment 702, but saidthat he paid the rent and utilities for apartment 726. Luis Ortiz produced a utilitycompany disconnect notice, addressed to him at 13100 Pandora, apartment 726. Luis

    Affidavit - Page 4

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    Ortiz had the notice on his person. After agents advised Luis Ortiz of his Mirandawarnings, Luis Ortiz provided verbal consent, which was audio recorded by agents,granting agents permission to search apartment 726. Luis Ortiz then signed a writtenconsent for agents to search apartment 726.

    Agents took Luis Ortiz to apartment 726 to conduct the search. During thesearch, agents discovered three cylindrical plastic containers containing liquidmethamphetamine, numerous plastic containers containing crystalized methamphetamine,and four small bags containing cocaine. All the drugs were discovered in the kitchencabinets. The total approximate weight of the methamphetamine (including that of themethamphetamine discovered earlier by maintenance personnel) was 3,825.5 grams, andthe total weight of the cocaine was 23.7 grams. Agents conducted presumptive field-testsof the drugs found in the apartment. All of the field-tests indicated an immediate and

    unambiguous positive result for the presence ofmethamphetamine and cocaine.Agents obtained a copy of the lease agreement for apartment 726 which revealed

    that Luis Ortiz executed the agreement on April 27, 2010. The apartment managementalso positively identified Luis Ortiz as the same person who leased apartment 726.

    Prior to agents searching apartment 726, agents observed Armando Ortiz, arrive

    near building seven in a Ford Expedition. When Armando Ortiz observed Luis Ortizwith the agents, Armando Ortiz turned around and sped away from the location. Severalofficers in a marked police unit stopped Armando Ortiz in the apartment parking lot

    Affidavit - Page 5

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    before Armando Ortiz exited the complex. Armando Ortiz was returned to the area ofbuilding seven and detained pending further investigation. Armando Ortiz identifiedhimself as Armando Ortiz via a North Carolina driver's license. Armando Ortiz alsoproduced a Permanent Residence Card in the name ofCarin Aguirre Serrano. Theapartment management identified Armando Ortiz as the listed tenant of apartment 702,which Armando Ortiz rented under the name ofCarin Serrano. Agents obtained a copy ofthe lease agreement for apartment 702 which revealed that the lease agreement for theapartment was executed on September 20,2010. Armando Ortiz listed his prior residenceas 1122 Beverly Drive in Garland - the same address to which the Honda agents observedRangel driving on June 22, 2010, is registered. Armando Ortiz also listed Luis Ortiz, atapartment 726, as a reference on the lease application.

    Additionally, during the search of apartment 726, agents discovered numerousdocuments with Armando Ortiz's name on them. One of the documents was a PermanentResident Card issued in the name ofArmando Ortiz Campuzano, which bore a picture ofArmando Ortiz. Additional documents included a letter addressed to "Karin" Serrano at13100 Pandora, apartment 726; a Visa check card in the name ofArmando OrtizCampuzano; a social security card issued in the name ofArmando Ortiz Campuzano; and

    a copy of a check from the Winstar Casino made out to Armando Ortiz Campuzano. Thephotocopy of the casino check also had a copy ofArmando Ortiz's North Carolinadriver's license that Armando Ortiz possessed.

    Affidavit - Page 6

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    Based on the contents of this affidavit, affiant believes there is probable cause thatLuis Ortiz knowingly and intentionally committed the following offense against theUnited States, to wit: possession with the intent to distribute 500 grams or more of amixture or substance containing a detectable amount ofmethamphetamine, a Schedule IIcontrolled substance, in violation of21 U.S.C. 841(a)(1) and (b)(1)(A).

    Special AgentDrug Enforcement Administration

    Subscribed and sworn to beforeme thisRO f I u n e , 2011.

    E, A TOLIVERUnited,States Magistrate JudgeNorthern District ofTexas

    Affidavit - Page 7