Case 7:19-mj-02419 Document 1 Filed on 10/07/19 in TXSD Page 1 of 3

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fig 5 3535, Dismal Cour!
"Texas UNITED STATES DISTRICT COURT
081 07 2019 "We
Southern Disu-ict of Texas
David J. Bradley, C|erk

 

 

 

United States of America 
v. 
DANIEL POLANCO 0| 
(DOB: 1931) 


Wain SEALED
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following Is true to the best or my knowique and belief.
On or about the da(e(s) of October 3. sum in the count); of Harris in the
Southern District of Texas the defendants) violated:
Code Seclian 017mg Description
15, use. Section 115(a)(1)(B) threatened to assauit HSI Special Agen-- a tederai law

enforcement officer. wilh the intent In retaliaie againsi him on amount at the
performance cf his clficiai dulies

This criminal complaint is based on these fan's:

See aflachsd affidavit.

9! Continued on the attached sheet.

wm'efi EUR26

Swom to befme me and signed in my presence

 
 

:igmzlurz

  

Antonio az iv HSI Special Agent
Printedrmme and ml:

3.5; 10/07/2019 'L'fih

City and state: McAiIen, Texas

 
 



Juan F. Aianis, us. Magistrate Judge
and "Ne

Case 7.197mjv02419 Document 1 Filed on 10/07/19 in TXSD Page 2 of 3

AFFIDAVIT

On May 20, 2016, federal agents arrested Daniel Polanco ("Defendant") following the return of
an Indictment charging him with conspiracy to possess with intent to distribute a controlled
substance, possession with intent to distribute a controlled substance and making a false
statement to a government agent.

The Defendant has been on pretrial release since May 26, 2016. Conditions of the Defendant's
bond, amongst others, are that the defendant violate no local, state or federal laws and have no
contact with potential witnesses.

After a two-week trial before US District Judge Keith P. Ellison, on July 22, 2019, a jury found
the Defendant guilty of conspiracy to possess with intent to distribute a controlled substance,
possession with intent to distrihute a controlled substance and making a false statement to a
government agent. Afier the jury found him guilty, Judge Ellison allowed the Defendant to
remain on pro-trial release.

Durin the two-week nial, Homeland Security Investigations Special Agents (Sm-and
fl assisted the prosecution team with among other things, witness preparation, bringing
evidence into the courtroom and escorting the govemment's witnesses into the courtroom.

On August 1, 2019, the Defendant filed a motion for judgment of acquittal and motion for new
trial. Under the statutes of conviction, the Defendant is facing a minimum term of imprisonment
of 10 years and up to life for the drug offenses and a maximum term of imprisonment of 5 years
for his conviction for making a false statement.

On September 18, 2019, the United States Probation Office disclosed the pre-sentence
investigation report to the Government and Defendant's counsel. The Defendant's
Guideline range is 188 months (15.6 years) to 235 months (19.5 years) imprisonment. The Court
set the Defendant's sentencing hearing for December 1 1, 2019.

On October 3, 2019, the Defendant, his attomeys and the Government were in court [or the
hearing related to the Defendant's motion for judgment of acquittal and motion for new trial
before us, District Judge Keith P. Ellison. SA- and attended the
hearing, Afier hearing arguments of counsel, Judge Ellison denied the Defendant's motion for
judynent of acquittal and motion for new trial and noted that the Defendant was facing a very
harsh sentence of imprisonment.

Immediately after Judge Ellison concluded the hearing, the Defendant walked towards SA

who was sitting in the last row of the courtroom closest to the exit. When the
Defendant was feet away from SA he stopped, pointed at SA _and said:
"This is gonna come back to you motherfuckers. You'll see." The Defendant's tone was angry
and menacing. The Defendant then opened the exit door and walked out of the courtroom.

Case 7.19em1e02419 Document 1 Filed on 10/07/19 In TXSD Page 3 of 3

physical gesture Based on the defendant's statement, manner of delivery, and accompanying

Eestute, SA _believed that the defendant was threatening him with bodily harm, SA -

immediately reported the threat and gesture to Assistant United States Attorneys Anibal
aruz and Casey MacDonald, Agent- and Paralegal Eva AldIete who were at the front in
the courtroom.



felt elanned, concealed, and threatened by the Defendant's statement and





to believe Daniel POLANCO threatened to assault SA federal law enforcement
officei' with the intent to retaliate against him on account of his perfonnance of his official duties

i
1 Based on the facts and circumstances outlined in this affidavit I believe there is probable cause
in violation of Title 18 United States Code Section 115(a)(1)(B)l