Silvestre Bonilla attempted to buy, receive, possess, and obtain control of property of value, belonging to MPD consisting of various electronics, having reason to believe they were stolen. (Attempted Receiving stolen Property, in violation of 22 D.C. Code, Section 3232(a), 3232(c)(2), 1803 (2001 ed.)
Silvestre Bonilla attempted to buy, receive, possess, and obtain control of property of value, belonging to MPD consisting of various electronics, having reason to believe they were stolen. (Attempted Receiving stolen Property, in violation of 22 D.C. Code, Section 3232(a), 3232(c)(2), 1803 (2001 ed.)
Silvestre Bonilla attempted to buy, receive, possess, and obtain control of property of value, belonging to MPD consisting of various electronics, having reason to believe they were stolen. (Attempted Receiving stolen Property, in violation of 22 D.C. Code, Section 3232(a), 3232(c)(2), 1803 (2001 ed.)
The United States Attorney for the District of Columbia informs the Court that within the District of Columbia:
Defendant's Name: Silvestre Bonilla
11 030961
(First)
(MI)
(Last)
(PDID)
(CCNO)
(DOB)
Address:
Silver Spring, MD
On or between January 12,2011 through February 17,2011, within the district of Columbia, Silvestre Bonilla attempted to buy, receive, possess, and obtain control of property of value, belonging to MPD consisting of various electronics, having reason to believe they were stolen, with the intent to defraud and deprive another of a right to and benefit of the property. (Attempted Receiving Stolen Property, in violation of 22 D.C. Code, Section 3232(a), 3232(c)(2), 1803 (2001 ed.)
Rule 105: [ ] ~~-_------
u ge
United States Attorney for the District of Columbia
Since January 2011, the Metropolitan Police Department (MPD) Internal Affairs Division (lAD) and the FBI have been investigating illegal activity by members of the MPD with specific regard to the receipt of stolen property. During the investigation, a proven and reliable Cooperating Witness (CW) provided information that Metropolitan Police Officers were paying cash in exchange for stolen property. Based on the information provided by the CW, MPD and FBI began to investigate MPD Officers known to the CWo MPD and the FBI purchased electronic equipment such as televisions, I Pads, and telephones for CW to sell to the officers. The CW made it known that the items were for sale.
The Affiant has been a MPD Officer for twenty four (24) years. The Affiant has been a detective for over 20 years. The Affiant has been assigned to lAD for the past 18 months. The affiant has been previously assigned to the Major Case/Cold Case Homicide Unit, homicide unit, sexual assault unit, intelligence, vice unit, and detectives unit. The Affiant has prepared, presented, and served criminal complaints, and has executed over 200 arrest and search warrants.
All of the conversations and recordings in this investigation were made in Spanish. The facts in this affidavit were translated to the Affiant by a Spanish-speaking MPD Detective and were in a report translated by a Spanish-speaking FBI contract language monitor.
On January 11, 2011, CW met with Officer Silvestre Bonilla and discussed selling electronics to him. Officer Bonilla told the CW he was interested and provided the CW with his personal cellphone number. Officer Bonilla told the CW to call him when he gets the property. This conversation took place inside of the Carolina's Restaurant, located at 14th and Spring Road, Northwest, Washington, DC, and Officer Bonilla was on-duty.
· On January ..12, 2011, the CW placed two consensually recorded phone calls to Officer Bonilla. Officer Bonilla advised CW to meet him inside of the Carolina's Restaurant. The CW told Officer Bonilla his nephew, an employee of an Apple Store, had taken the items from the Apple Store. Officer Bonilla bought several iPod Nanos from the CW for $200. The total value of the property was approximately $820. Officer Bonilla was videotaped coming out of the restaurant in full uniform and carrying the white Apple Store bag in which CW had the merchandise.
Approximately 20 minutes later, Officer Bonilla called the CW and asked him if he could get two iPhones for him by tomorrow.
On January 13, 2011, the CW made a consensually recorded call to Officer Bonilla and advised Officer Bonilla he had an iPhone that Officer Bonilla had requested. Officer Bonilla told the CW to meet him in the area of 14th and Spring Road, Northwest. The CW was operating a car equipped with an audio/video recording system. Officer Bonilla got into the CW's vehicle and bought the iPhone, valued at approximately $600, from the CW for $200. Officer Bonilla gave the CW $100 and told him he would pay him the other $100 later. Officer Bonilla was observed exiting the CW's vehicle with the iPhone. Officer Bonilla walked over to a Hispanic Officer and showed him the iPhone. Officer Bonilla reentered the CW's vehicle, and they drove off in the CW's vehicle. Officer Bonilla was on-duty in full uniform.
On January 13, 2011, the Affiant showed the CW a confirmation photograph. The CW looked at the photo and stated "Officer Bonilla". The Affiant asked CW if this was the person who bought the iPhone. The CW stated yes. The CW has known Officer Bonilla for over two (2) years and would see him on regular basis.
On January 19, 2011, the CW made a consensually recorded call to Officer Bonilla and advised him that he had some property for sale. Officer Bonilla told the CW not to meet him in the area of 14th and Spring Road, Northwest because there was too much of a police presence in that area. Officer Bonilla told the CW to meet him instead at the intersection of 14th and Webster Streets. Once on the scene, Officer Bonilla got into the CW's vehicle. Officer Bonilla told the CW that he knew a Puerto Rican Officer who would also like to purchase a phone. Officer Bonilla called the Puerto Rican Officer and identified him as Ortiz. Officer Ortiz told Officer Bonilla he was concerned that the phone would be a fake and not the real thing. Officer Bonilla assured him that the phone would be real.
Officer Bonilla looked over the items (two cameras and color printer) and decided not to purchase the items at this time. Officer Bonilla wanted the CW to meet him later that night but the CW put him off until January 20, 2011.
On January 20,2011, the CW made a consensually recorded call to Officer Bonilla. Officer Bonilla directed the CW to meet him at the intersection of 14th and Spring Road, Northwest. The CW was audio/video recording his conversation with Officer Bonilla and Officer Ortiz in front of Carolina's Restaurant. During the meeting Officer Bonilla told the CW he wanted to buy two iPhones on Friday, and Officer Ortiz told the CW he wanted to purchase one iPhone and a 19-inch plasma television for his child's bedroom.
On January 24,2011, CW made a consensually recorded call to Officer Bonilla. Officer Bonilla directed the CW to meet him in the area of 14th and Spring Road, Northwest. The CW sold Officer Bonilla an iPhone for $180. Officer Bonilla paid the source $160, and $20 is owed to the CWo The iPhone is valued at approximately $600. Officer Bonilla was on-duty and in full uniform.
On February 16, 2011, the CW made a consensually recorded call to Officer Bonilla. The CW asked Officer Bonilla how many phones he need because the girl is running high numbers right now. Officer Bonilla told the CW he needed 4 iPhones and that should be it for now. The CW told Officer Bonilla "wait we are in the store and we are rushing around; remember this is a robbery so chill." Officer Bonilla responded to CW that two (2) or three (3) would be ok but four (4) would be much better. CW
.. '1...0 I { C r ..-J OOV ( ..6
. asked Officer .Bonilla if he need anything else. Officer Bonilla answered that is all for now.
• •
This recorded call was made in Spanish. A Spanish-speaking FBI contract language monitor summarized this call.
On February 17, 2011, the CW made a consensually recorded phone call to Officer Bonilla in reference to electronics CW had for safe. Officer Bonilla agreed to meet the CW at an apartment at Quincy Street and Georgia Avenue, Northwest. Officer Bonilla arrived at the apartment in full uniform.
Once inside the apartment, Officer Bonilla purchased (2) iPod touch and (2) iPod nanos for $250. Officer Bonilla paid the CW $100 and owes the CW $150. The total value of the property is approximately $792. This transaction was audio/video recorded from inside the apartment. There was an undercover officer in the apartment, posing as CW's niece. The undercover officer witnessed the transaction between Officer Bonilla and the CWo This call was recorded in Spanish. A Spanishspeaking detective summarized the audio recording live from outside of the apartment.
Based on the above-mentioned facts, the affiant believes that probable cause has been established for the issuance of an arrest warrant for the defendant Silvestre Bonilla, charging him with Attempted Receivin Stolen Pro ert .
AFFIANT'S SIGm_:
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TO: WARRANT CLERK PLEASE ISSUE A WARRANT FOR:
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(JUDGE) ~~""'~II&U\.) SUPERIOR COURT OF THE DISTRICf OF COLUMBIA