Case 7:16-cr-00414 Document 1 Filed in TXSD on 03/12/16 Page 1 of 5 A0 91 (Rev. 11/11) Criminal Complaint mwasllist?etcom UNITED STATES DISTRICT for the Southern District of Texas MAR, 122015 United States of America v. WNW Case No. A Leonel Luis i MVIKQ 09? ?1 \n YOB - 1958 . Mexican Citizen Defendant(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(the county of Star I in the Southern District of Texas the defendant(s) violated: Code Section O?ense Description 21 USC 841 Knowingly and intentionally possess, with intent to distribute approximately 58.00 kilograms of cocaine, a Schedule II Controlled Substance under the Controlled Substance Act. This criminal complaint is based on these facts: SEE ATTACHMENT A Continued on the attached sheet. Winplamantk signature Matthew deSaracho, DEA Special Agent Printed name and title Sworn to before me and signed in my presence. Date: 3/12/2016 Judge '3 signature McAllen, Texas Dorina Ramos U.S. Magistrate Judge Printed name and title Case 7:16-cr-00414 Document 1 Filed in TXSD on 03/12/16 Page 2 of 5 Attachment 1: On March 11, 2016 at approximately 10:15 AM, Supervisory Border Patrol Agent Robert Benavidez and Border Patrol Agent Abel Uresti were conducting line watch duties at STARRCO Farms near Rio Grande City, Texas. Agent Uresti saw activity near a river landing. Agent Uresti continued monitoring the river landing from a distance with binoculars. Agent Uresti saw a white pickup truck head south towards the river landing. Supervisor Benavidez had seen the same truck on the farm property an hour before. Agent Uresti observed a subject wearing blue pants and a blue shirt get out from the driver side of the truck and fumble with something near the top of a berm near a water pump. The subject who was driving the pickup was later identified as NORDHAUSEN- Cuevas, Leonel Luis, DOB: 07/31/1958, Immigration Status: Legally Admitted for Permanent Residence. NORDHAUSEN was seen picking up something and load it inside his vehicle. NORDHAUSEN then got back into the vehicle and headed north towards the STARRCO Farm headquarters. Agent Uresti then observed NORDHAUSEN arrive at the farm headquarters, park near a metal building and entered inside. NORDHAUSEN immediately returned to his truck and began to drive away from the building. Border Patrol Agent Omar Cavazos and his partner responded to the scene. partner, R. Littles, assigned to the Texas National Guard, witnessed NORDHAUSEN driving the white pickup and observed Borjas, Jose Ismael as the passenger prior to both subjects exiting the vehicle a short distance from the metal building. Border Patrol Agent 0. Cortez approached NORDHAUSEN as he began walking away from the truck and asked if he could speak with him. NORDHAUSEN stated that he was looking for a male subject by the name of ?Martin? whom was driving his white truck and then absconded by foot when Border Patrol Agents arrived at the scene. Supervisor Benavidez began to investigate the initial area and stated that there was no other sign indicating the presence of another subject fleeing from the truck. The ground was muddy and no other foot sign was noticeable other than that of NORDHAUSEN then gave Agents consent to search the vehicle. Upon searching the truck, Agents discovered a white fertilizer bag with tape wrapped rectangular bricks inside. Agents immediately suspected that the bricks of white powdery substance wrapped in brown Case 7:16-cr-00414 Document 1 Filed in TXSD on 03/12/16 Page 3 of 5 'packing tape were narcotics, and placed NORDHAUSEN under arrest. When agents conducted a pat down search on NORHAUSEN, the keys to the white pickup truck which contained the narcotics were discovered inside his pocket. Supervisor BENAVIDEZ asked NORDHAUSEN for consent to search the metal building structure on the headquarters. NORDHAUSEN stated that he was the farm foreman responsible for the STARRCO farm property and irrigation equipment and grated agents consent to search the property. During the building search, Agent Uresti and Supervisor Benavidez found a second white fertilizer bag with tape wrapped rectangular bricks inside, similar to the one seized inside the white pickup truck. Shortly thereafter, agents found a loaded .22 caliber rifle inside the building as well. Agent Uresti discovered muddy foot imprints at the entrance of the building that matched boots. Agent BENAVIDEZ interviewed two other individuals that were on scene and determined that Vasquez, Roberto (DOB: 09/29/1976) and Jose Ismael (DOB: 11/17/1985) were both Undocumented Aliens illegally residing in the United States. Jose Ismael admitted that he was the owner of the Glenfield .22 caliber rifle. All three subjects were placed under arrest and transported to the Rio Grande City Border Patrol Station. The white pickup truck, rifle and narcotics were secured and taken to the Border Patrol station as well. The 50 bricks (25 in each sack) of white powdery substance tested positive for cocaine. The bricks had an approximate total weight of 58 kilograms and an estimated value of $2,046,240.00. On March 11, 2016, DEA TFA Jaime A. Perez, SA Elizabeth Gutierrez and SA Matthew DeSaracho arrived at the Rio Grande City Border Patrol Station in order to interview the three subjects. NORDHAUSEN was read his rights by SA Elizabeth Gutierrez as witnessed by SA DeSaracho and TFA Perez and agreed to answer all questions. During the interview NORDHAUSEN claimed that he is employed with STARRCO Farms and was responsible for the farm irrigation pumps located along the river bank. NORDHAUSEN claimed that he uses his white Ford F150 pickup truck to ride the river bank daily in order to monitor the water level in the river. NORDHAUSEN stated that on March 11, 2016 a subject by the name of ?Martin? took his truck down Case 7:16-cr-00414 Document 1 Filed in TXSD on 03/12/16 Page 4 of 5 to the river without permission. NORDHAUSEN then stated that he saw his truck arriving at the STARRCO headquarters from the riverbank. When he approached his vehicle, he claimed that the vehicle stopped and Martin exited the vehicle and ran into the brush, throwing the vehicle keys at NORDHAUSEN. Shortly thereafter, Border Patrol Agents arrived on scene. NORDHAUSEN claimed he had no knowledge of the narcotics and stated that Martin was the one who used his truck without his permission and possibly smuggled the narcotics from the river. NORDHAUSEN stated that he was with and at the time. Both of whom were irrigation workers on the farm. NORDHAUSEN stated that the rifle found, was a farm rifle used only to shoot wild hogs that destroyed crops. was read his rights by TFA Jaime A. Perez as witnessed by SAs Elizabeth Gutierrez and Matthew DeSaracho and agreed to answer all questions. stated that he was employed by STARRCO Farms and was at the headquarters with in order to collect their weekly work salary. claimed that the Farm Foreman was Amado Garza. claimed that Garza had arrived one hour before his arrest and said he would pay him and the following day because work was scarce due to the rain. Garza then departed shortly thereafter from the headquarters. stated that he and stayed at the headquarters and decided to conduct minor repairs on a tractor in order to claim needed work hours. claimed that while at the headquarters, a white Ford F150 pickup truck arrived at his location and NORDHAUSEN was the driver with no passengers. stated that NORDHAUSEN exited the vehicle and approached and stated that NORDHAUSEN Operates the irrigation pumps on the farm and that he has known him for four years. At that time Border Patrol arrived and approached all three subjects. claimed no knowledge of the narcotics and stated he initially saw them when Border Patrol Agents removed them from inside the pickup truck cab. claimed ownership of the .22 rifle. He claimed he kept it in on the farm to shoot the wild hogs on the property. Case 7:16-cr-00414 Document 1 Filed in TXSD on 03/12/16 Page 5 of 5 was read his rights by TFA Jaime A. Perez as witnessed by SAs Elizabeth Gutierrez and Matthew DeSaracho and agreed to answer all questions. stated he too was employed by STARRCO Farms and was also there to receive his weekly work salary. claimed he did not see NORDHAUSEN arrive at his and location in the pickup truck. claimed that he was urinating, and when he walked back to the tractor he and were repairing, he saw Border Patrol Agents interviewing NORDHAUSEN. also stated that NORDHAUSEN operates the irrigation pumps on the farm and he too has known him for about four years. claimed no knowledge of the narcotics and stated he saw them only when Border Patrol took custody of them. NORDHAUSEN was taken into custody by DEA and will await federal prosecution for possession with intent to distribute. AUSA Rolando Cantu accepted the case. and AGUILAR- Vasquez were denied federal prosecution as per AUSA Rolando Cantu, and remained under the custody of Border Patrol.