Case 7:17-cr-00116 Document 1 Filed In TXSD on 01/10/17 Page 1 Usiia?itad A0 91 (Rev. 5/85) Criminal Complaint United States District Court SOUTHERN DISTRICT OF TEX Assam J. Bradiey, Stark JAN i. ii dill! UNITED STATES OF AMERICA VS- CRIMINAL COMPLAINT Dario MARTINEZ, YOB: 1998, USC CASE NUMBER: Mal f] 0?0 6; I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief; On or about I January 9, 2017 in Starr county, in the 1 Southern District of Texas defendant(s) did, Knowingly and Intentionally possess with the Intent to Distribute approximately 105.5 kilograms of Marijuana, a Schedule I Controlled Substance. Knowingly and Intentionally conspire to possess with the Intent to Distribute approximately 105.5 kilograms of Marijuana, a Schedule I Controlled Substance. - in Violation of Title 21 United States Code, Section(s) 846, 841 (1) I furtherstate that I am a(n) DEA Task Force Of?cer and that this complaint is based on the following facts: See Attachment sheet and made a part of hereof: Yes Continued on the attacf Signature of Complainant David Ponce, DEA Task Force Officer Apnea \lr?d 2 Sworn to b1 tied in my presence, 2017 a 9 yz' At McAllen, Texas Date #0 Qty State Peter E. U.S. Magistrate Judge LM Name 82: Title of Judicial Of?cer Signature of Judicial Of?cer Case 7:17-cr-00116 Document 1 Filed in TXSD on 01/10/17 Page 2 of 3 ATTACHMENT On 01-09-17, at approximately 10:00am, Rio Grande City USBP Agents were notified of a possible narcotic courier in the area of Rio Grande City, TX. Agents responded and utilized Aerostat 4 to survey the area. Aerostat 4 observed a vehicle matching the description of the suspected courier described as a small black SUV on Trophy Street. Aerostat operators observed the vehicle travel south towards the Rio Grande River and come to a stop. It appeared unknown persons were loading bundles of narcotics into the vehicle. Marked USBP units responded to the area and located the suspect vehicle at the corner of the DPS Apartments and Trophy Street. USBP Agents activated their overhead lights and the vehicle departed the area eluding Agents. The vehicle traveled south on Los Velas Road and Aerostat 4 operators maintained surveillance on the vehicle until ultimately stopping along the Rio Grande River. Prior reaching the Rio Grande River, Agents observed two bundles of narcotics being thrown from the vehicle. Agents secured the two bundles as Aerostat 4 remained following the suspect vehicle. USBP Agents were directed to the vehicles location along the river. Upon locating the vehicle, Agents found it abandoned and contained 2 bundles of suspected narcotics. Agents exited their units and pursued the two occupants as relayed to them by Aerostat 4. Agents located one male subject, later identified as Dario MARTINEZ, approximately 10 yards from the suspect vehicle. Agents continued searching for the second occupant but later found he had eluded Agents and swam across the Rio Grande River into Mexico. USBP Agents who detained MARTINEZ, read him his Miranda Rights and placed him in a USBP vehicle. Agents asked MARTINEZ if he was driver of the suspect vehicle. MARTINEZ advised Agents he was the driver of the vehicle. USBP Agents transported MARTINEZ and the four bundles ofmarijuana to the Rio Grande City Border Patrol Station. Agents field tested the bundles and found them to test positive for marijuana and weighed 105.5 kilograms. DEA TFO Cosme Muniz and Victor Solis responded to the USBP Station and made contact with MARTINEZ regarding his involvement in the seizure. He was read his Case 7:17-cr-00116 Document 1 Filed in TXSD on 01/10/17 Page 3 of 3 Miranda Rights and MARTINEZ waived his rights to an attorney and provided a statement. MARTINEZ stated he was walking on Embassy Road by the Rio Grande City High School when he was approached by two unknown males in a black Chevy Tahoe. MARTINEZ stated the driver asked him if he wanted to make $1,600 for driving a load of marijuana. MARTINEZ stated he agreed and entered the Chevy Tahoe with the two males. MARTINEZ stated he was driven to a WaterMill Station where he was instructed to enter the load vehicle and drive to the DPS Apartment on Trophy Street and wait for some individuals to wave him down to take custody of the bundles. MARTINEZ stated he drove to the apartments and later observed 3 male subjects carrying bundles down the road. MARTINEZ stated he drove towards the subjects and had four bundles loaded into the vehicle. MARTINEZ stated he departed and one of the subjects entered the vehicle. MARTINEZ stated he drove north until being intercepted by a marked USBP unit. MARTINEZ stated he attempted to elude Agents and drove south toward the Rio Grande River but was apprehended after exiting the vehicle and attempting to hide in the brush. MARTINEZ stated the second subject managed to cross into Mexico through the Rio Grande River.