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United States v. Davila

United States District Court, Seventh Circuit

September 11, 2012

UNITED STATES OF AMERICA
v.
JUSTIN R. DAVILA, also known as "Fatman, " JASON J. DAVILA, and NIEKO E. HADLEY, also known as "Yogi"

CRIMINAL COMPLAINT

ARLANDER KEYS, United States Magistrate Judge.

I, the undersigned complainant, being duly sworn on oath, state that the following is true and correct to the best of my knowledge and belief: from on or about August 16, 2012 to on or about September 10, 2012, at Joliet, in the Northern District of Illinois, Eastern Division, and elsewhere, JUSTIN R, DA VILA, also known as "Fatman, " JASON J- DAVILA, and NIEKO E. HADLEY, also known as "Yogi, " defendants herein:

did conspire with each other and with others known and unknown, to knowingly and intentionally possess with intent to distribute a controlled substance, namely, five kilograms or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II Narcotic Drug Controlled Substance, in violation of Title'21, United States Code, Section 841(a)(1);

in violation of Title 21, United States Code, Section 846, I further state that I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms & Explosives, and that this complaint is based on the facts contained in the Affidavit which is attached hereto and incorporated herein.

Signature of Complainant

JACOB CASALI, Special Agent, Bureau of Alcohol, Tobacco, Firearms and Explosives

Sworn to before me an subscribed in my presence,

September 11, 2012 at Chicago, Illinois Date City and State ARLANDER KEYS, US. Magistrate Judge ' Name & Title of Judicial Officer Signature of Judicial Officer

AFFIDAVIT

I, JACOB CASALI, being duly sworn, state as follows:

1. I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"), and have been so employed since approximately February 2005.1 am currently assigned to the ATF Chicago Field Division, and my responsibilities include the investigation of federal firearms and drug trafficking offenses committed by members of street gangs and other organizations whose members engage in violent activity.

2. I have personally conducted or assisted in hundreds of criminal investigations that focused on individuals deriving income from illegal sources, including firearms trafficking, narcotics trafficking and money laundering. I have been involved in hundreds cases involved in cases involving electronic surveillance, the debriefing of defendants, witnesses and confidential informants and others who have knowledge of narcotics trafficking and traffickers who hide their proceeds to avoid detection for their illegal activities and evade paying income taxes. I have received specialized training in the enforcement of laws concerning the activities of narcotics traffickers. Through these investigations, my training and experience, and conversations with other special agents, as well as other law enforcement personnel, I have become familiar with methods used by narcotics traffickers and gang members to safeguard their narcotics, to distribute narcotics, and to collect and hide narcotics proceeds.

3. I have participated in investigations that have lead to the issuance of search warrants involving violations of narcotic laws. These warrants involved the search of locations including: residences of subjects, their associates and relatives, "stash houses" (houses used as drug/money storage locations), storage facilities, bank safe deposit boxes, cellular/camera phones, and computers. Evidence, searched for, and recovered in these locations has included controlled substances, records pertaining to the expenditures and profits realized there from, monetary instruments and various assets that were purchased with the proceeds of the drug trafficking.

4. This affidavit is submitted in support of a criminal complaint alleging there is probable cause that JUSTIN R. DA VILA, also known as "Fatman, " JASON J. DAVILA, and NIEKO E. HADLEY ("HADLEY"), also known as "Yogi, " did conspire with each other and with others known and unknown, to knowingly and intentionally possess with intent to distribute a controlled substance, namely, five kilograms or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1), in violation of Title 21, United States Code, Section 846. This affidavit is also made in support of an application for a warrant to search a black T-Mobile MyTouch cellular telephone, bearing serial number SH19SRM07548 ("Subject Phone 1") and a black Samsung model SGH1577 cellular telephone, bearing serial number R21C466KXH2 ("Subject Phone 2") (collectively, the "Subject Phones") for evidence described further in Attachment B, concerning narcotics offenses, in violation of Title 21, United States Code, Sections 841(a)(1) and 846.

5. Because this affidavit is being submitted for the limited purpose of establishing probable cause in support of a criminal complaint charging JUSTIN R, DAVILA, JASON J. DAVILA, and HADLEY with conspiracy to possess with intent to distribute five kilograms or more of mixtures and substances containing cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 846, and in support of a search warrant for the Subject Phones, I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish probable cause to believe that the defendants committed the offense alleged in the complaint and to establish probable cause to believe that evidence of violations of Title IS, United States Code, Section 846 is located on the Subject Phones,

6. This affidavit is based on my personal knowledge, information provided to me by other law enforcement agents, including an undercover officer, and in law enforcement records, information provided by a confidential source, and review of consensually recorded conversations and meetings.

7. The investigation included die use of consensually recorded telephone calls and audio recorded meetings. The summaries of recorded conversations in this affidavit do not include reference to all of the topics covered during the conversations. Further, quoted material from the recorded conversations as set out in this affidavit is taken from draft summaries;, not final transcripts. in addition, the summaries do not include references to all statements made by the speakers on the topics that are described by the speakers. In many of the paragraphs describing calls and meetings set forth below, interpretations of die discussion are included in brackets. These interpretations include meanings attributed to code words, coded language, or vague references used by the speakers. My understanding and interpretation of the conversations is based upon the contents of the conversations, information provided by the confidential source and an undercover officer present for the meetings, the context of both prior and subsequent intercepted conversations, my knowledge derived from this investigation, and my experience and familiarity, and the experience and familiarity of other law enforcement agents, with criminal street gangs and narcotics trafficking organizations.

CONFIDENTIAL SOURCE

8. Part of the information provided in this affidavit has been provided by an ATF confidential source ("CS"). ATF first came into contact with the CS in 2010 when law enforcement officers arrested the CS for delivery of approximately four and a half ounces of cocaine. The CS, however, was not charged after he/she decided to provide ATF with historical information regarding drug trafficking activities in the Cook County, Illinois, area. The CS also agreed to pro-actively cooperate with law enforcement. As a result of his/her cooperation with federal agencies, agents advised the CS that he/she will not be charged for the offense that led to his/her arrest. Prior to the arrest described above, the CS was convicted of aggravated battery with a firearm and also has a juvenile firearms conviction. The CS also advised that prior to working with the ATF in 2010, the CS typically sold a couple ounces of cocaine per week.

9. Since the CS began working with ATF in 2010, the CS has cooperated on drug investigations which have resulted in approximately two arrests, as well as the seizure of approximately ten guns (including four guns in a related, ongoing investigation) and multiple kilograms of heroin, cocaine, and marijuana. The information provided by the CS during this investigation has been reliable. Moreover, the information provided by the CS in this investigation has been corroborated by independently obtained evidence, including physical surveillance, controlled purchases of narcotics, information from other confidential informants, recorded conversations, and public source database searches. In addition, as discussed below, the CS introduced an ATF Task Force Officer, acting in an undercover capacity ("UC"), to the subjects of the investigation. In exchange for the CS's cooperation in this investigation, ATF and local law enforcement have paid the CS approximately $35, 000 since approximately September 2010.

INTRODUCTION OF THE UC TO SUBJECTS OF THE INVESTIGATION

10. The CS is a Latin King gang member and introduced the UC to subjects of the investigation as a Latin King gang member.

11. On or about July 27, 2012, in a meeting that was not recorded, the CS introduced the UC to two of the subjects of the investigation. More specifically, according to the {JC, at approximately 1:30 p.m. on July 27, 2012 the following events transpired:

a, the UC and the CS met with JUSTIN R. DA VILA and HADLEY [1] in Joliet;
b, upon meeting up with the JUSTIN R. DAVILA and HADLEY, the CS explained that the UC and the CS were interested in buying marijuana; c, in response to the CS, JUSTIN R. DAVILA stated that one of his fellow gang members had some high-grade marijuana for sale and JUSTIN R, DAVILA agreed to take the UC and the CS to meet that fellow gang member.

12. According to the UC, JUSTIN R. DAVILA and HADLEY then got into the UC's vehicle with the UC and the C S. JUSTIN R. DAVILA then directed the UC to drive to another part of Joliet.

13. According to the UC, upon arriving at the next location, a house in Joliet, at approximately 2:00 p.m. on July 27, 2012, JUSTIN R. DAVILA introduced the UC and the CS to and individual, INDIVIDUAL A, at which time JUSTIN R. DAVILA explained to INDIVIDUAL A that the UC and CS were interested in buying marijuana. According to the UC, INDIVIDUAL A then retrieved a glass jar from a refrigerator, which contained the suspected marijuana, and INDIVIDUAL A explained that the marijuana cost $20 per gram. According to the UC, INDIVIDUAL A asked the UC how much the UC wanted to purchase and the UC replied that the UC wanted to purchase $60 worth of marijuana. According to the UC, INDIVIDUAL A removed some suspected marijuana from the glass jar, weighed it on a digital scale, packaged it in a cleat plastic baggie, and then handed the clear plastic baggie to the UC. According to the UC, the UC gave INDIVIDUAL A $60 in exchange for the suspected marijuana,

14. According to the UC, at approximately 2:14 p.m. on July 27, 2012, the UC, the CS, JUSTIN R, DA VILA, and HADLEY departed the location together in the UC's vehicle. According to the UC, while they were driving, JUSTIN R. D AVILA stated that JUSTIN R. DA VILA had some cocaine at JUSTIN R, DA VILA'S house and offered to sell some of it to the UC and the CS. According to the UC, the UC and the CS agreed to buy some cocaine from JUSTIN R. DAVILA, who then directed that the UC drive to JUSTIN R. DAVILA's residence in Joliet. According to the UC, when the UC's vehicle arrived at JUSTIN R, DAVILA's residence at approximately 2:30 p.m. on July 27, 2012, HADLEY got out of the UC' s vehicle, proceeded to the garage near the residence, and returned to the UC's vehicle less than one minute later. According to the UC, once HADLEY got back into the UC's vehicle, HADLEY asked the UC how much cocaine the UC wanted to purchase and the UC responded that the UC wanted to purchase $40 worth of cocaine. According to the UC, HADLEY stated that HADLEY had no means to weigh the cocaine to be sold to the UC, but that HADLEY would simply break off a chunk from the larger piece of suspected cocaine. According to the UC, HADLEY broke a small piece of suspected cocaine from the larger piece of cocaine and handed it to the UC. According to the UC, the UC gave HADLEY $40 in exchange for the suspected cocaine. According to the UC, JUSTIN R. DAVILA and HADLEY then departed the UC's vehicle,

15. According to the UC, JUSTIN R. DAVILA provided his telephone number, (XXX) XXX-9671 ("9671 phone number"), to the UC and told the UC to call if the UC wanted to purchase more cocaine.

16. The UC later conducted a field test of the substance received from INDIVIDUAL A, which tested positive for the presence of marijuana. The UC also later conducted a field test of the substance received from HAD LEY, which tested positive for the presence of cocaine.

17. AUGUST 16, 2012[2]MEETING BETWEEN THE UC, THE CS, AND INDIVIDUAL A

18. According to the UC, during the evening of August 16, 2012, at the direction of law enforcement agents, the CS contacted INDIVIDUAL A by telephone and the CS and INDIVIDUAL A discussed meeting up later that night. According to the UC, this telephone call was not recorded. However, a law enforcement agent listened in during the telephone call. During this call, the CS and INDIVIDUAL A agreed to meet later that evening in Joliet at approximately 10:30 p.m.

19. At approximately 10:24 p.m., law enforcement agents activated a video recording device inside the UC's vehicle. According to the UC, the UC then searched the CS for the presence of weapons and contraband and found none. According to the UC, the UC and the CS proceeded in the UC's vehicle and drove to the location of the meeting with INDIVIDUAL A in Joliet while other law enforcement agents conducted surveillance.

20. According to the UC, law enforcement agents conducting surveillance, and the recording, at" approximately 10:27 p.m., the UC and the CS arrived at the location of the meeting with INDIVIDUAL A and remained in the UC's vehicle. According to the UC, law enforcement agents conducting surveillance, and the recording, at approximately 10:31 p.m., INDIVIDUAL A walked from a nearby residence and entered the back seat of the UC's vehicle, at which time the UC drove through the streets of Joliet for approximately 10 minutes.

2L According to the UC and the recording, after INDIVIDUAL A got into the UC's vehicle, the UC, the CS, and INDIVIDUAL A engaged in a discussion in which the UC stated to INDIVIDUAL A that the UC was a drug courier for a narcotics trafficking organization and unhappy with the narcotics trafficking organization that employed the UC.

22. According to the UC and the recording, the UC further explained to INDIVIDUAL A that the UC needed an outside crew to conduct a robbery of kilogram amounts of cocaine from the narcotics trafficking organization that employed the UC. More specifically, the UC stated to INDIVIDUAL A that "I got this lick [he has a robbery], dog."

23. According to the UC and the recording, the UC stated to INDIVIDUAL A that the UC usually transports cocaine for the narcotics trafficking organization approximately once every month. More specifically, the UC stated to INDIVIDUAL A that the UC usually picks up a "couple bricks [two kilograms of cocaine]" and that someone from the narcotics trafficking organization tells the UC where to deliver of cocaine.

24. According to the UC and the recording, the UC stated to INDIVIDUAL A that the UC believes that there are three or four ouier individuals that pick up cocaine in a similar manner lo the UC from the narcotics trafficking organization. More specifically, the UC stated to INDIVIDUAL A that” when I go, they [narcotics trafficking organization] usually got like, there's at least three or four mother fuckers [couriers] that pick up like that, so there's usually gotta be like, like uh, about 10 bricks up in there. 10, 15 bricks [there is approximately 10 15 kilograms of cocaine inside the house]."

25. According to the UC and the recording, the UC also described to INDIVIDUAL A the manner in which the UC is notified that there is a delivery to be picked up from the narcotics trafficking organization, as follows:

a. The UC explained that the UC usually receives a telephone call approximately one or two days prior to picking up the cocaine from the narcotics trafficking organization.
b. The UC further explained that narcotics trafficking organization utilizes different homes in the Chicago area to "stash" its cocaine until all of the cocaine is distributed.
c. The UC also stated to INDIVIDUAL A that after picking up the cocaine from the narcotics trafficking organization, the UC is then responsible for transporting the cocaine from the Chicago area to different locations.
d. The UC stated that the narcotics trafficking organization does not advise the UC of the exact location of pick up or "stash house" until an hour or so prior to the designated pick up time.
e. The UC also stated that when the UC receives that location of the stash house from the narcotics trafficking organization, the UC only has a short time to get to the stash house in order to pick up his load of cocaine.
f. The UC stated that if the UC fails to get to the stash house within that specific time frame, the narcotics trafficking organization will pack up all the cocaine and move it to another unknown location.

26. According to the UC and the recording, the UC stated to INDIVIDUAL A, "I don't know if you ever done anything like this [ever committed a robbery before] to which INDIVIDUAL A responded, ...


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