Case 7:20-mj-00125 Document 1 Filed on 01/21/20 in TXSD Page 1 of 5 Complamt I UNITED STATES DISTRICT COURT A JAN 2 i 2020 for the Davrd J. Bradley Clerk Southern District of Texas Iv I ?7 Haas}; of America v. Lee Case NO- M: 9.0 2 3" us Citizen YOB11991 Def?ndant?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 12/ 1 0/201 9 to 12/11/2019 in the county of Hidalgo in the Southern District of Texas the defendant(s) violated: Code Section O?ense Description Title 18 U.S.C. 2251(a), 2251(e) Attempted Production of Child Pornography Title 18 U.S.C. 1470 Transfer of obscene material to minors This criminal complaint is based on these facts: See Attachment Continued on the attached sheet. Complainant ?s signature Ryan J. Hammer, Special Agent FBI Printed name and title Sworn to before me and signed in my presence. Date: g? Judge? .9 signature City and state: McAllen, Texas Juan Alanis, United States Magistrate Judge Printed name and title Case 7:20-mj-00125 Document 1 Filed on 01/21/20 in TXSD Page 2 of 5 Attachment Affidavit in Support of Complaint l, Ryan J. Hammer, being first duly sworn, state as follows: 1. I am a Special Agent (SA) with the Federal Bureau of Investigation (FBI) and have been so employed since June of 2016. lam currently assigned to the San Antonio Division, McAllen office where conduct a variety of investigations pertaining to gangs and violent crime. 2. On January 15, 2020, the mother of a Minor Female (hereafter reported an incident to the McAllen Resident Agency (MRA) of the Federal Bureau of Investigation (FBI) regarding explicit photographs sent to via Facebook Messenger from a Facebook profile under the name ?Lee Roy Huerta?. The mother advised that this Facebook account was used by Lee Roy Huerta (hereinafter, a male relative. 3. The mother advised that was 11 years old. The mother and had lived with HUERTA at his residence in November for approximately three weeks. 4. The mother provided consent to search the Facebook account through which lVlF-l was receiving the messages and agents obtained the messages between and the "Lee Roy Huerta? account. A review showed that the messages spanned the timeframe from November 16, 2019 through December 11, 2019. 5. Beginning on or about December 10, 2019, HUERTA began discussing sending pictures to MF-1. The following are various subsets of the messages that were sent/ received: A. SPEAKERS MESSAGE HUERTA Can I send you some pics? Case 7:20-mj-00125 Document 1 Filed on 01/21/20 in TXSD Page 3 of 5 HUERTA Boo then never mind unless down to keep a sec between us and dealt it quick MF-1 Nah HUERTA So would tell on me even tho I have ur back when ur mom try to beat up and dint let it remember Yeah but what are you gonna send me HUERTA Nothing bad, but know I had ur back so no te awites con migo HUERTA Right or wrong? Right MF-1 I can keep it a sec I promise HUERTA 0k pinky promise, just like I wouldn't let ur mom hit HUERTA So if I send pics of me to promise to delete it when done seeing them HUERTA Promise? Yes! HUERTA Tell wat ima send some pics and just to I know keep it down send me some too ok Uh HUERTA And don?t tell ur mom HUERTA Ok ima send one rn 0k HUERTA Then do ok Case 7:20-mj-00125 Document 1 Filed on 01/21/20 in TXSD Page 4 of 5 a Ok HUERTA After I see them delete them ok 0k HUERTA How do I look better as an angel or a diablo? HUERTA [Photograph sent in which he is nude with erect penis visible] HUERTA Delete it when you're done HUERTA Then it?s ur turn, remember it?s our secret promise HUERTA Can at least send me a sexy pic of HUERTA How old mamas? HUERTA at school? HUERTA ganna tell huh HUERTA [Photograph sent of female identi?ed as girlfriend of Huerta performing oral sex on Huerta] HUERTA [Photograph sent of female identi?ed as girlfriend of Huerta performing oral sex on Huerta] HUERTA Wat school going to? So just going to leav me in seen Can I send a video, I don?t know why but I?m comfortable whit hope don?t say shit (9 Case 7:20-mj-00125 Document 1 Filed on 01/21/20 in TXSD Page 5 of 5 Miss That hurts my feelings but ok 6. HUERTA is a known gang member and has prior convictions to include felony conviction for kidnapping and unlawful possession of a firearm by felon. 7. As a result of Facebook messages that were sent through the account identi?ed to be used by HUERTA by a relative of HUERTA, investigators have probable cause to believe that HUERTA knowingly and willfully attempted to produce child pornography through the use of interstate facilities as well as knowingly and willfully transferred obscene material to a minor using interstate facilities.