Case 7:18-cr-01834 Document 1 Filed on 10/22/18 in TXSD Page 1 of 3 A0 91 (Rev. 11/11) Criminal Complaint UNITED STATES DISTRICT COURT for the Southern District of Texas United States of America - v. - Cristian Josue GARZA (USC) YOB: 1994 3 Case NO- 3r - ?3 W3 2 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(s) of October 20, 2018 in the county of Hidalgo in the Southern District of Texas the defendant(s) violated: Code Section O?ense Description Title 18 USC: 922(g)(1) 1. Title 18 USC Section Felon in Possesion of a Firearm This criminal complaint is based on these facts: SEE ATTACHMENT A if Continued on the attached sheet. Mamie dart ?44 Law/4 Complainant 's signature . . Freddie Summers, ATFS eciaIA ent 5' . 9 Printed name and title Sworn to before me and signed in my presence. I Date: 6% 224,4 . VJzidge?s .anature City and state: McAllen, TX Juan F. Alanis, U.S. Magistrate Judge Printed name and title Case 7:18-cr-01834 Document 1 Filed on 10/22/18 in TXSD Page 2 of 3 Attachment A I, Special Agent Freddie Summers, af?ant, do hereby depose and state the following: I am a Special Agent of the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. As a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, I am vested with the authority to investigate violations of Federal laws, including Titles 18, 26, and 21, United States Code. This af?davit is in support of a criminal complaint charging Cristian Josue GARZA with: Title 18, U.S.C., Section 922 It shall be unlawful for any person who has been convicted in any court of, ?a crime punishable by imprisonment for a term exceeding one year, to receive, possess, or transport any ?rearm or ammunition in or affecting interstate or foreign commerce; or to receive any ?rearm or ammunition which has been shipped or transported in interstate or foreign commerce. The facts establishing probable cause are based on the following: 1. On Saturday, October 20, 2018, Special Agents with Homeland Security Investigations (HSI) were conducting enforcement operations in McAllen, TX. HSI observed a person later identi?ed as GARZA and another individual each carrying ?rearm boxes that HSI believed contained ?rearms. HSI observed GARZA and the other individual walk to a White, Chevy Trailblazer and place the ?rearm boxes inside the vehicle. GARZA then drove the vehicle out of the area. HSI maintained mobile surveillance on the vehicle. 2. A Hidal go County Sheriff? 3 Deputy (HCSO) working enforcement operations with HSI observed the Chevy Trailblazer commit a traf?c violation. The HCSO deputy conducted a traf?c stop of the vehicle in McAllen, Texas. The HCSO deputy made contact with the driver, and identi?ed the driver as Cristian Josue GARZA. During the traf?c stop GARZA gave the HCSO deputy verbal and written consent to search his vehicle. 3. During the search of the vehicle the HCSO deputy the located a; Colt, Government Model, .45 caliber pistol and Colt, Government Model, 9mm caliber pistol on the back seat of the vehicle. 4. A check of Computerized Criminal History (CCH) revealed that GARZA is three time convicted felon in the below cases: I Convicted ?12.11/16 1n Hidalgo Co. TX Case for Burglary of Vehicle WZor more convictions. Sentenced to 1 year. - Convicted 1/27/ 16 in Hidalgo Co. TX Case for Evading Arrest Vehicle. Sentenced to 2 years. Case 7:18-cr-01834 Document 1 Filed on 10/22/18 in TXSD Page 3 of 3 Convicted 1/27/ 16 in Hidalgo Co. TX Case for Theft of Firearm. Sentenced to 1 year. . GARZA was detained by the HCSO deputy and HSI and ATF was noti?ed. GARZA was transported to the ATF McAllen of?ce. . Once at-the ATF of?ce ATF con?rmed the above detailed felony convictions for GARZA. GARZA was interviewed and made post Miranda statements admitting that the ?rearms belonged to him and that he had just purchased the ?rearms in a private sale right before he was encountered by law enforcement. Additionally, GARZA admitted that he knew was a multiple time convicted felon that could not legally purchase ?rearms. On October 20, 2018, ATP F. Summers spoke with Interstate Nexus Expert, ATF RAC N. Rangel. Based on the information Summers provided to RAC Rangel about the ?rearms, RAC Rangel stated that the ?rearms possessed by GARZA were manufactured outside the State of Texas. Therefore, the ?rearms had previously traveled in interstate or foreign commerce at some point prior to being possessed by any person in the State of Texas. 8. Based upon the aforementioned, there is probable cause to believe that GARZA, was in possession of the above mentioned ?rearms in violation of Title 18, United States Code, Section 922(g)(1), on October 20, 2018, in Hidalgo county, Texas. 9. This af?davit is based on the personal knoWledge and observations of your af?ant and other law enforcement personnel. This af?davit is intended to support probable cause, but it is not intended to convey all the facts of the investigation.