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Hector Diaz Complaint Affidavit

Hector Diaz Complaint Affidavit

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Published by bosbydpo
Federal authorities seized five assault-style rifles, five handguns, a shotgun and a "large cache of ammunition" during a search last week of a home in connection with a major raid on medical-marijuana businesses in the Denver metro area, according to a court document unsealed Monday, November, 25, 2013.
Federal authorities seized five assault-style rifles, five handguns, a shotgun and a "large cache of ammunition" during a search last week of a home in connection with a major raid on medical-marijuana businesses in the Denver metro area, according to a court document unsealed Monday, November, 25, 2013.

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Published by: bosbydpo on Nov 25, 2013
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07/22/2014

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1
UNITED STATES DISTRICT COURTDISTRICT OF COLORADO
Case Number:
CRIMINAL COMPLAINT IN RE
:
HECTOR DIAZa/k/a Hector Diaz-Martineza/k/a Hector Josue Diaz-Martineza/k/a Hector J. Diaz-MartinezAFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINTINTRODUCTION
Your Affiant, being duly sworn, does depose and state the following:I, Charles R. Olachea,ama Special Agent with the Drug Enforcement Administration(DEA), United States Department of Justice, and have been so employed for approximately 26years conducting drug investigations. Specifically, I have initiated, developed and participated in a variety of investigations over the years that have included the following: Title III interceptions, complex conspiracy cases, undercover operations, marijuana cultivation, clandestine methamphetamine manufacturing, money laundering and interdiction operations. Many of these investigations have also involved firearms. Accordingly, I have attended numerous training courses pertaining to the above-listed drug investigations and have debriefed numerous defendants and confidential sources knowledgeable in the indoor cultivation of marijuana and the use of hydroponics equipment to facilitate the aforementioned cultivation. Furthermore, the information set forth herein is based upon the following: (1) the affiant’s training, professional education, and experience; (2) the affiant’s participation in the investigation; (3) the affiant’s discussions with other federal, state, and local law enforcement personnel familiar
Case 1:13-mj-01165-MEH Document 1-1 Filed 11/22/13 USDC Colorado Page 1 of 8
 
2with the investigation;(4) the affiant’s review of reports and other documents prepared by federal, state, and local law enforcement officers;and (5) physical and electronic surveillance conducted by federal, state, or local law enforcement agencies, which has been reported to the affiant either directly or indirectly.Facts not set forth herein are not being relied upon in reaching my conclusion that a complaint should issue. In addition, your affiant does not request that the Court rely on any facts not set forth herein in reviewing this affidavit.
NATURE OF VIOLATION
Your affiant submits that this affidavit sets forth probable cause to believe that the defendant, Hector DIAZ, has violated Title 18, United States Code, Section 922(g)(5)(B):Possessionof a Firearm,to wit:a Smith and Wesson M&P-15, 5.56mm semi-automatic rifle  bearing serial number SP 52534,by an Alien who is present in the United States under a non-immigrant visa(as defined in the Immigration and Nationality Act, Title 8, United States Code, Section 1101(a)(26)).
BACKGROUND
On November 21, 2013, the U.S. Drug Enforcement Administration, in partnership with several state and local law enforcement agencies in the District of Colorado, executed approximately 15 federal search warrants pursuant to an ongoing investigation. One of those warrants was executed at 52 Sedgwick Drive, Arapahoe County, Colorado. Prior to the execution of that warrant, agents had previously come into possession of e-mail communications involvinga person identified herein as Co-conspirator #1. Your affiant viewed one specific e-mail related to that account, dated February 14, 2013. That e-mailcontained a photo of an individual subsequently identified as Hector DIAZ. Metadata contained within theattached photograph file indicates that it
Case 1:13-mj-01165-MEH Document 1-1 Filed 11/22/13 USDC Colorado Page 2 of 8
 
3was taken on February 7, 2013. In the photo, DIAZ is shown wearing a DEA baseball cap and holding up two authentic-looking semi-automatic rifles with detachable magazines, one in each hand. Diaz also appears to have two additional handguns stuckinside the front of his pants. The aforementioned photo depictsDIAZ in possession of all four weapons while standing in a room with a fireplace and furnishings. This photo was later compared to a photo found on an Internet realestate web site called Zillow.com regarding the property at 52 Sedgwick Drive, Arapahoe County, Colorado. The Zillow photo depicting the interior of the house at 52 Sedgwick Drive confirmed to your affiant that the photo of DIAZ displaying the four weapons was taken inside52Sedgwick Drive, Arapahoe County, Colorado.The photo is affixed hereto as Attachment A. When the warrant was executed on November 21, 2013, agents conducting the initial sweep of the premises observed one occupant holding a loaded firearm which was later secured after the occupant was subdued. The security sweep also found the house to contain the following weapons, most of which were loaded: 5 assault rifles, one shotgun and 5 handguns. Included within those weapons was aSmith and Wesson M&P-15, 5.56mm semi-automatic rifle bearing serial number SP 52534; that weapon is consistent with the rifle which DIAZ is holding in his right hand, as depicted in the photograph. (A detachable after-market grip pod appeared to have been removed subsequent to the photograph, however the appearance of the weapon was otherwise consistent). The residence also contained thousands of rounds of assorted ammunition. Hector DIAZ was  present in the residence when the warrant was executed. His appearance is consistentwiththe individual depicted in Attachment A. The investigation has revealed that Hector DIAZ is a Colombian citizen who has been granted entry into the United States on prior occasions by using his non-immigrant, work/tourist visa also known as a B1/B2 visa. Information provided by the United States Department of State
Case 1:13-mj-01165-MEH Document 1-1 Filed 11/22/13 USDC Colorado Page 3 of 8

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