Case 5:19-cr-50126-JLV Document 22 Filed 12/31/19 Page 1 of 3 PageID #: 52 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION UNITED STATES OF AMERICA, CR 19-50126 Plaintiff, FACTUAL BASIS STATEMENT vs. JERRY GORISEK, Defendant. The defendant states that the following facts are true, and the parties agree that they establish a factual basis for the offenses to which the defendant is pleading guilty pursuant to Federal Rule of Criminal Procedure ll(b)(3): In the late evening hours of July 18, 2019, a deputy with the Pennington County Sheriffs Office conducted a traffic stop of a Suburban with South Dakota license plates after observing the vehicle make two improper turns . The driver and only occupant was identified as the defendant, Jerry Gorisek. When the deputy initially approached the defendant, he observed a short combat style tomahawk next to the defendant's right leg. For the deputy's safety, the deputy had the defendant get out of the vehicle . The defendant gave the deputy consent to search him and the deputy located a digital scale with white crystals on it and approximately $400 cash in the defendant's pockets. digital scale was field tested, which returned a positive result The for methamphetamine. The defendant also gave the deputy consent to search his vehicle. During the search the officer located the defendant's wallet in the center console, which ' Case 5:19-cr-50126-JLV Document 22 Filed 12/31/19 Page 2 of 3 PageID #: 53 had two separate $500 bundles of cash. An additional $200 was located in the center console next to the wallet. The deputy also located a black zippered fabric pouch on the backseat. Inside the black pouch was over 50 clear plastic jeweler bags, including one with white crystals later confirmed to be methamphetamine. The deputy then located a hidden compartment under the center console. In the hidden compartment was a red canvas zippered bag. Inside the bag were multiple drug-related items, including nearly 300 clear plastic jeweler bags and two clear plastic bags containing large pink pills labeled Darvon and Darvocet. The pills were in bags that contained handwritten labels, prices, and a count of the total pills in each plastic bag. Also in the bag was a black tar, waxy substance later confirmed to contain heroin. Also in the bag was a home drug urine test kit, a magnifying glass, and a high-heat butane lighter. In the same concealed compartment under the center console, the deputy located a fully loaded revolver, identified as a Colt's Patent Firearms Manufacturing Company, model Agent, .38 Special caliber, double-action revolver, bearing serial number W29983. A check of the firearm through NCIC showed the firearm was reported stolen out of Chicago in 1982. Located on the rear passenger seat was a milk crate. Inside the milk crate, the deputy located a black canvas zippered pouch that contained large white crystals which was confirmed to be methamphetamine. In total, 79.6 grams of methamphetamine, a Schedule II controlled substance, were located in the defendant's vehicle. The defendant possessed the methamphetamine found in 2 Case 5:19-cr-50126-JLV Document 22 Filed 12/31/19 Page 3 of 3 PageID #: 54 the vehicle with the intention of distributing it to others. At the time of his contact with the deputies on July 18, 2019, the defendant was on probation for a prior felony conviction for possession of a controlled substance. RONALD A. PARSONS, JR. United States Attorney Date Assistant United States Attorney 515 9th Street, Room 201 Rapid City, SD 57701 605-342-7822 Date Date 3