AO
91
(Rev,
Ill
I)
Criminal
Complaint
UNITED
STATES
DIS'I'RICT
CoURT
UL
22
2015
for
the
CLERK
tJ.S.
DISTRICT
COURT
Western District
of
T
WESTERN
DISTRICT
Off
TEXAS
exas BY_____________________ United States
of
America
)
DEPU
v.
)
ANTUNEZ-Gutierrez,
Maa
Del
Rosario
)
Case No.
3
) )
)
_____________________________________________________________________________________________
)
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
9/19/2015 and
10/05/2015
in
the county
of
El
Paso
in
the
Western District
of
Texas
,
the
deind
ant(s)
violated:
Code
Section Offense
Des
cr
(pt/on
18 USC
922(g)(5)
It
shall
be
unlawful
for
any
person
who, being
an
alien,
except
as
provided
in
subsection
(y)(2),
has been
admitted
to
the
United
States
under
a
nonimmigrant visa (as that term
is
defined
in
section
101
(a)(26)
of
the Immigration
and
Nationality Act (8
U.S.C.
1101
(a)(26))); to ship or
transport
in
interstate
or
foreign
commerce, or
possess
in
or
affecting
commerce, any
ammunition;
or
to
receive ammunition which
has
been
shipped
or
transported
in
interstate
or
foreign
commerce.
This
criminal
complaint
is
based
on these
facts:
SEE
ATTACHED AFFIDAVIT
Continued on the
attached sheet.
Sworn
to before
me
and
signed
in
my
presence.
Date: 10/22/2015
Complainant's
Alton
E.
Hightower,
HSI Printed
name
and
Judge
's
signature
City
and
state:
El
Paso,
Texas
Robert
F.
Castaneda,
U.S.
Magistrate
Judge
Printed
name
and
title
Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 1 of 4
Aef
4
FFID VIT
iN SUPPORT
OF
CRIMIN L
COMPL INT
I,
.
Alton E
Hightower
,
being
duly sworn,
hereby declare
and state
as follows:
I
am
a
Special
Agent
employed by Homeland
Security
Investigations, Office
of
Special
Agent
in Charge,
El Paso, Texas. I have twelve years
of
experience as
a federal law
enforcement
agent.
I
have
successfully graduated from several law enforcement academies including Immigration
and Customs
Enforcement Special Agent
Training, Criminal
Investigation Training
Program, and the United States
Border Patrol
Academy. My training includes courses related to Immigration
and Customs Laws.
I
have investigated
variety
of
offenses and
have successfully completed numerous ammunition smuggling
investigations. The
following information related
to
the investigation
of
Maria Del Rosario ANTUNEZ- Gutierrez
is
personally known
to me based on my own investigation,
training and
experience, including my
review
of
investigative
reports,
or has
been related to
me by other
individuals,
including
law enforcement officers
involved
in the
investigation. Homeland Security
Investigations
(HSI), Special Agent (SA)
Alton Hightower received information indicating that individuals had
purchased large
quantities
of
ammunition
on several
occasions
at a
specific sporting goods
store
in
El Paso, Texas. SA
Hightower reviewed transaction reports and video
surveillance logs which documented
purchases
of
large ammunition made
during
the
months
of
July
2015 through
October 2015 at
the
specific
store. SA
Hightower found
that
the
same group
of
individuals
had purchased
large volumes
of
ammunition in approximately
50 separate transactions
between
July
17,
2015 and October
7,
2015.
Transaction volumes ranged
from approximately
500
to 2,000
rounds
of
ammunition per purchase. Video surveillance recordings
showed that on
most occasions, the individuals
arrived
and departed in
a blue four door
hatchback. SA
Hightower queried border crossing
records
and
identified several
individuals
entered the
United States
from Mexico in
a
blue four
door
hatchback
within close proximity to the time the ammunition was purchased. SA
Hightower observed
that
the vehicle and individuals appeared to be the same vehicle and
individuals
depicted in
the
sporting goods
store video
logs.
SA
Hightower identified one
of
the individuals
as
Maria Del Rosario
ANTUNEZGutierrez.
SA
Hightower observed
that
images
of
ANTUNEZ-Gutierrez captured by cameras at the port
of
entries matched
images
of
one
of
the
purchasers
of
the
ammunition captured by the sporting goods store security cameras.
SA
Hightower's
investigation,
which included review
of
border crossing records,
video
surveillance logs
and store transaction
reports revealed
that between August
17,
2015 and
October
5,
2015,
ANTtJNEZ-Gutierrez
purchased approximately 10,900 rounds
of
ammunition
in
12
separate
transactions for
transaction
total
of
4,813.05.
Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 2 of 4
Immigration
records reflect
that
ANTLTNEZ-Gutierrez
has
been issued non-immigrant visa
and
is
not
a
Citizen or Lawful Permanent Resident
of
the
United
States.
Records
do
not reflect that ANTUNEZ-Gutierrez has been granted
permission
to
possess ammunition in the United
States. SA
Hightower
detennined that
by
purchasing
ammunition,
ANTUNEZ-Gutierrez
was in possession
of
ammunition in violation
of
Title
18,
United States Code, Section
922(g)(5).
SA
Hightower
reviewed border
crossing records and found
that on
October
5,
2015, at approximately 7:47
p.m.,
ANTUNEZ-Gutierrez entered
the United States from
Mexico through
the Bridge
of
the
Americas
Port
of
Entry
in
El Paso,
Texas as a pedestrian. SA Hightower
reviewed video
surveillance
logs at
the aforementioned sporting goods
store and
observed
that on October
5, 2015, at approximately
8:02
p.m.,
a
female who SA Hightower recognized
to
be
ANTUNEZ-Gutierrez
left an empty shopping cart in
the
store's
ammunition aisle next to a male
who
SA Hightower previously observed to accompany ANTUNEZ-Gutierrez when she purchased
ammunition
on prior
occasions. The
male
placed boxes within
the cart
that ANTIJNEZ-Gutierrez had left on
the
aisle. SA HightOwer
had previously looked over store stocking locations and knew
the
boxes likely contained
ammunition based on their
appearance and location
on the store
shelf.
At
approximately
8:11
p.m., ANTIJNEZ-Gutierrez returned to the
store's
ammunition
aisle where she picked up the loaded shopping cart and departed the ammunition aisle.
At
approximately
8:16
p.m., video
footage showed that ANTUNEZ-Gutierrez purchased multiple boxes
at register
6
at
the sporting
goods
store.
The boxes
were constant
in
appearance with
boxes
of
ammunition. Sporting goods store
transaction
reports indicate that on October
5,
2015 at 8:16 p.m.,
15
boxes
of
American Eagle
brand
.7.62
X
39 caliber ammunition
were purchased at register number
6
at
the sporting
goods store. 600 rounds were purchased during
that transaction with a
total cost
of
178.45. On September
19,
2015,
at approximately
3:33
p.m.,
ANTUNEZ-Gutierrez entered
the
United States from Mexico
through the Ysleta
Port
of
Entry
in
El
Paso, Texas
in
the blue hatchback previously identified
by SA
Hightower.
SA
Hightower
reviewed
video surveillance logs
for
September
19,
2015 at
the aforementioned sporting goods store
and
observed that,
at approximately
3:51
p.m.,
a
female
who SA Hightower recognized
to
be
ANTUNEZ-Gutierrez
entered
the
store's
ammunition
aisle pushing
a
shopping
cart.
ANTUNEZ-Gutierrez pushed
the cart next and left it
next
to
a shopping cart that was present in the aisle. SA
Hightower
observed ANTUNEZ-Gutierrez'
above mentioned
associate load the
cart with
what
SA Hightower believed
to
be boxes ammunition prior
to
ANTUNEZ- Gutierrez' arrival
in the
aisle. The male transferred some
of
the boxes from
his cart to hers. At
approximately
3:53
p.m., ANTUNEZ-Gutierrez
departed
from the
store's
ammunition aisle pushing
the
loaded
shopping
cart.
At
approximately 3:58 p.m.,
ANTUNEZ-Gutierrez purchased
Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 3 of 4
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