Case 3:21-mj-01345-MDM Document 2 Filed 11/02/21 Page 1 of 8

AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
District of Puerto Rico

United States of America )

V. )
)
Gregory Lee MATIAS-GUTIERREZ ) Case No. 21-
)
)
)
Defe11da111(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of October 31, 2021 in the county of San Juan in the
District of ---------
Puerto Rico , the defendant(s) violated:

Code Section Offense Description

18 u.s.c. § 922(g)(1) Possession of a firearm and ammunition by a prohibited person (felon)

This criminal complaint is based on these facts:

See attached affidavit.
The United States requests that defendant be detained.
Approved by ALISA Jeanette M. Collazo-Ortiz

� Continued on the attached sheet.

Joshua Burgos-Soto, Special Agent-ATF

Printed 11ame a11d title

Sworn and subscribed pursuant to FRCP 4.1 at ___, by telephone, this __of November 2021.
in San Juan, Puerto Rico.

Date: 11/02/2021
Judge's signature

City and state: San Juan, Puerto Rico M arshal D. M organ, U.S. Magistrate Judge
Printed name and title
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without a license in violation of the Puerto Rico Weapons Law, MATIAS-GUTIERREZ

tried to flee on foot but was quickly apprehended by the Agents. The SJMP Agents arrested
MATIAS-GUTIERREZ and read him his rights. The round of ammunition seized was a
9mm caliber.
12. On November 1, 2021, the SJMP Agents executed state search warrants for the vehicle as
well as for the two fanny packs at the police precinct in the presence of MATIAS­
GUTIERREZ and the vehicle's driver. Inside ofthe vehicle, under the front passenger side
seat where MATIAS-GUTIERREZ had been sitting, the Agents found one ( l) Glock pistol
model 31, Gen 4, Caliber .357, bearing serial number BPPA57l. The firearm was loaded
with one ( 1) fifteen (15) round capacity magazine loaded with fifteen ( 15) rounds of caliber
.357 ammunition and one ( 1) round in the chamber. Under the passenger seat, agents also
found two high capacity .40 caliber magazines each loaded with twenty-three (23) rounds
of.357 caliber ammunition.
13. In the center console, Agents found one (1) radio scanner. In the driver's side door panel,
Agents found one (1) round of7.62 caliber ammunition. In the trunk of the vehicle Agents
found thirty-nine (39) clear plastic containers, containing green leafy substance that field
tested positive for marijuana. In the trunk of the vehicle, Agents found one (1) bullet proof
vest.
14. During the execution of the search warrants, inside the fanny pack with a "Supreme" logo,
agents found one (1) twenty-four (24) round capacity magazine loaded with twenty­four
(24) rounds of9mm caliber ammunition and $1,300. According to SJMP, MATIAS-
GUTIERREZ claimed ownership of the Supreme Fanny pack and indicated that it had
$1,300 inside.
15. Incident to the arrests, SJMP Agents also seized one cellular phone from each individual.
16. Once at the precinct, both individuals were advised of their Miranda Rights for the second
time.
17. On November 1, 2021, ATF Agents interviewed MATIAS- GUTIERREZ. After ATF
Agents read the Miranda Warnings to MATIAS-GUTIERREZ once again, he indicated
that he understood his rights, signed the form, and waived his right to remain silent.
MATIAS-GUTIERREZ corroborated that he and his friend ran two red lights immediately
prior to being stopped on their way to a Pizza establishment.

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23. Based on the above facts, I have probable cause to believe that Gregory Lee MATIAS­
GUTIERREZ has violated federal firearm laws. Specifically, he has violated Title 18,
United States Code, Section 922 (g)(l) (convicted felon in possession of a firearm and
ammunition).

Respectfully submitted,

oshua Burgos-Soto
Special Agent
Bureau of Alcohol, Tobacco,
Firearms and Explosives

Subscribed and sworn by telephone pursuant to the requirements of Fed. R. Crim. P. 4.1 by at
.m. on November 2, 2021.

HON. MARSHAL D. MORGAN

UNITED STATES MAGISTRATE JUDGE
DISTRICT OF PUERTO RICO

5
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AO 442 (Rev. 11/11) Arrest Warrant

UNITED STATES DISTRICT COURT

for the
District
__________ of Puerto
District Rico
of __________

United States of America

v. )
) Case No. 20-
)
Gregory Lee MATIAS-GUTIERREZ )
)
)
Defendant

ARREST WARRANT
To: Any authorized law enforcement officer

YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name of person to be arrested) Gregory Lee MATIAS-GUTIERREZ ,
who is accused of an offense or violation based on the following document filed with the court:

u Indictment u Superseding Indictment u Information u Superseding Information ✔ Complaint

u
u Probation Violation Petition u Supervised Release Violation Petition u Violation Notice u Order of the Court

This offense is briefly described as follows:

Possession of a firearm and ammunition by a prohibited person (felon) in violation of 18 U.S.C. § 922(g)(1)

Date: 11/02/2021
Issuing officer’s signature

City and state: San Juan, Puerto Rico U.S. Magistrate Judge Marshal D. Morgan
Printed name and title

Return

This warrant was received on (date) , and the person was arrested on (date)
at (city and state) .

Date:
Arresting officer’s signature

Printed name and title

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AO 442 (Rev. 11/11) Arrest Warrant (Page 2)

This second page contains personal identifiers provided for law-enforcement use only
and therefore should not be filed in court with the executed warrant unless under seal.

(Not for Public Disclosure)

Name of defendant/offender:
Known aliases:
Last known residence:
Prior addresses to which defendant/offender may still have ties:

Last known employment:

Last known telephone numbers:
Place of birth:
Date of birth:
Social Security number:
Height: Weight:
Sex: Race:
Hair: Eyes:
Scars, tattoos, other distinguishing marks:

History of violence, weapons, drug use:

Known family, friends, and other associates (name, relation, address, phone number):

FBI number:
Complete description of auto:

Investigative agency and address:

Name and telephone numbers (office and cell) of pretrial services or probation officer (if applicable):

Date of last contact with pretrial services or probation officer (if applicable):