STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY

STATE OF WISCONSIN DA Case No.: 2019ML002945

Plaintiff, Court Case No.:

vs.
CRIMINAL COMPLAINT
TIRADO, MARLON
2944 SOUTH 12TH STREET
MILWAUKEE, WI 53215
DOB: 04/10/1995

Defendant(s). For Official Use

THE BELOW NAMED COMPLAINANT BEING DULY SWORN, ON INFORMATION AND BELIEF
STATES THAT:

Count 1: POSSESSION WITH INTENT TO DELIVER CONTROLLED SUBSTANCE (THC) (200

GRAMS OR LESS/4 PLANTS OR LESS), SECOND AND SUBSEQUENT OFFENSE

The above-named defendant on or about Wednesday, February 06, 2019, at 2944 South 12th Street, in
the City of Milwaukee, Milwaukee County, Wisconsin, did knowingly possess with intent to deliver
tetrahydrocannabinols (marijuana), a controlled substance, in an amount not more than 200 grams,
contrary to sec. 961.41(1m)(h)1, 939.50(3)(i), 961.48(1)(b) Wis. Stats.

Upon conviction for this offense, a Class I Felony, the defendant may be fined not more than Ten
Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6) months, or both.

And further, invoking the provisions of sec. 961.48(1)(b) Wis. Stats., because the defendant is a
subsequent offender, having been convicted of Possession of Marijuana , which conviction(s) remain of
record and unreversed, the maximum term of imprisonment for the underlying crime may be increased
by not more than 4 years.

And the Court may suspend the defendant's operating privileges for not less than six (6) months nor
more than five (5) years. If the defendant's driving privileges are already suspended, any suspension
imposed must be served consecutively.

Count 2: MAINTAINING A DRUG TRAFFICKING PLACE, SECOND AND SUBSEQUENT OFFENSE

The above-named defendant on or about Wednesday, February 06, 2019, at 2944 South 12th Street, in
the City of Milwaukee, Milwaukee County, Wisconsin, did knowingly keep or maintain a dwelling which
is used for delivering or keeping controlled substances in violation of chapter 961 Wis. Stats., contrary
to sec. 961.42(1), 939.50(3)(i), 961.48(1)(b) Wis. Stats.

Upon conviction for this offense, a Class I Felony, the defendant may be fined not more than Ten
Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6) months, or both.

And further, invoking the provisions of sec. 961.48(1)(b) Wis. Stats., because the defendant is a
subsequent offender, having been convicted of Possession of Marijuana , which conviction(s) remain of
record and unreversed, the maximum term of imprisonment for the underlying crime may be increased
by not more than 4 years.
Marlon Tirado, DOB: 04/10/1995 Page | 2

And the Court may suspend the defendant's operating privileges for not less than six (6) months nor
more than five (5) years. If the defendant's driving privileges are already suspended, any suspension
imposed must be served consecutively.

Probable Cause:

Complainant is a City of Milwaukee Police Officer and bases this complaint upon his review of police
reports. Those reports revealed the following:

Initial Investigation

City of Milwaukee Police Officer Rodolfo Ayala and Detective Edmund Fitting had begun an
investigation into the above mentioned defendant, and his friend “Jordan,” for involvement in drug
dealing and the “straw purchasing” of firearms. Officer Ayala and Detective Fitting developed a
confidential informant (hereinafter referred to as CI 1) who told officers that the defendant is a drug
dealer that has been selling marijuana for years. CI 1 also indicated that the defendant was a Carry
Concealed Weapon permit holder, until having it revoked for a drug related offense, and that he often
was armed during his drug deals.

Officer Ayala and Detective Fitting had CI 1 place a recorded phone call to the above mentioned
defendant to set up a controlled buy of $40 of marijuana. During the call, the defendant agreed to sell
CI 1 marijuana. The deal occurred in the garage of the defendants residence at 2944 S. 12 th Street,
City and County of Milwaukee, State of Wisconsin. Prior to the buy, undercover officers saw the
defendant and an unknown male drive into the garage in the defendant’s vehicle. CI 1 then entered the
garage, gave the money to the unknown male, and returned to officers with marijuana that tested
positive for THC, the controlled ingredient in marijuana.

Officer Ayala and Detective Fitting obtained a search warrant for the defendant’s residence.

Search Warrant Execution

On February 6, 2019, Milwaukee Police executed a search warrant on the defendant’s residence at
2944 S. 12th Street. The defendant was present in the residence and taken into custody.

In one of the bedrooms of the residence, Milwaukee Police Officer Jeffrey Cline recovered $608,
including the $40 of pre-recorded buy money that CI 1 had used to purchase to marijuana in the
defendant’s garage. In that same bedroom, Officer Cline located two 9mm handguns, a large amount
of firearm ammunition, documents in the defendant’s name, an opened box of sandwich bags, and a
digital scale next to the sandwich bags.

Additionally, in that same bedroom, Officer Cline recovered a bottle that contained three sandwich bags
each of which contained suspected marijuana. This suspected marijuana was tested by Officer Joseph
Serio (who is trained and experienced in the field test for drugs) and tested positive for the presence of
THC, the controlled ingredient in marijuana for a total weight of 23.7 grams (bag 1 – 17.71 grams; bag
2 – 3.34 grams; and bag 3 – 2.64 grams). In that same bedroom, Officer Cline recovered another
bottle which contained another bag of suspected marijuana, which tested positive for THC with a weight
of .62 grams.

Lastly, in that same bedroom, Officer Cline found nine yellow Alprazolam pills, a Schedule IV narcotic.

In the basement, Officers recovered more narcotic packaging and a digital scale.
Marlon Tirado, DOB: 04/10/1995 Page | 3

In the rear stairwell. ATF Special Agent Drew Elmer recovered a glass mason jar which contained two
baggies of suspected marijuana which were tested by Officer Serio and tested positive for THC with a
total weight of 55.70 grams (bag 1 – 27.9 grams; bag 2 – 27.8 grams).

In the garage, officers recovered an additional 5.42 grams of marijuana which also tested positive for
marijuana. The total amount of marijuana recovered in the defendant’s possession and residence is
less than 200 grams.

Complainant states that based upon his training and experience, the presence of scales, packaging
materials, firearms, and the manner in which the marijuana is packaged is consistent with this
marijuana being kept for distribution and not personal use. Additionally, the presence of the buy money
from the controlled buy shows that the marijuana is consistent with distribution and that this residence
is being kept or maintained for the purpose of keeping and/or distributing marijuana.

Complaint is further based upon complainant review of CCAP records which show that in Milwaukee
County Case 17 CM 2172, the above mentioned defendant was convicted of possession of marijuana
in violation of Wisconsin Statute section 961.41(3g)(e) on December 5, 2017 and that said conviction
remains of record and unreversed.

****End of Complaint****

Electronic Filing Notice:

This case was electronically filed with the Milwaukee County Clerk of Circuit Court office. The electronic filing system is
designed to allow for fast, reliable exchange of documents in court cases. Parties who register as electronic parties can file,
receive and view documents online through the court electronic filing website. A document filed electronically has the same
legal effect as a document filed by traditional means. You may also register as an electronic party by following the instructions
found at http://efiling.wicourts.gov/ and may withdraw as an electronic party at any time. There is a $ 20.00 fee to register as
an electronic party. If you are not represented by an attorney and would like to register an electronic party, you will need to
contact the Clerk of Circuit Court office at 414-278-4120. Unless you register as an electronic party, you will be served with
traditional paper documents by other parties and by the court. You must file and serve traditional paper documents.

Criminal Complaint prepared by Grant I. Huebner.

Subscribed and sworn to before me on 02/10/19 Electronically Signed By:
Electronically Signed By: Detective Keith Kopcha
Grant I. Huebner Complainant
Assistant District Attorney
State Bar #: 1036890