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Criminal complaint on drug bust that took place in Rochester on February 22, 2016.
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AO 9l (Rev. 5/85) Criminal Complaint
IJnited States District CourtWESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA CRIMINAL COMPLAINT
v.
BLAKE RIVERA,VICTOR RIVERACHAYANNE RIVERA
CASE NUMBER: 16-M- /0/7
Defendants.
I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge andbelief.
from in or about May 20 1 5 through to the present, in the Western District of New York and elsewhere, the
defendants, BLAKE RIVERA, VICTOR RIVERA and CHAYANNE RIVERA did knowingly, willtully, and
unlawfully combine, conspire, and agree together and with others to possess with intent to distribute and todistribute 5 kilograms or more of cocaine and 280 grams of cocaine base and 100 grams or more of heroin, inviolation of Title 21, United States Code, Section 846; and did knowingly and unlawfully possess firearms infurtherance of the conspiracy, in violation of Title 18, United States Code, Sections 924(c) and2.
I further state that I am a Special Agent of the United States Drug Enforcement Administration and that this complaint is based on
the following facts:
SEE ATTACHED AFFIDAVIT OF SPECIAL AGENT SABATINO SMITH
Continued on the attached sheet and made a part hereof: ( /) Yes ( )No
Sworn to before me and subscribed in my presence,
peuruarv fl. zoto atDate
Honorable Jonathan W. Feldman. U.S.M.J.Name & Title of Judicial Officer
Signature of Complainant
of Judicial Officer
I.'NITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK
LINITED STATES OF AMERICA16-MJ- Yl/tr
v.
BLAKE RIVERACHAYANNE RIVERAVICTOR RTVERA
Defendants.
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
SABATINO SMITH, being duly swom, deposes and says:
l. I am a Special Agent with the Drug Enforcement Administration (DEA), and as
such I am an "investigative or law enforcement officer" of the United States within the meaning
of Section 25lO(7) of Title 18, United States Code, that is, an officer of the United States who is
empowered by law to conduct investigations of, and to make arrests for, offenses enumerated in
Title2l,United States Code, Section 801, et seq. and Title 18, United States Code, Section
2sr6(t).
2. I have been an employee of the DEA for six years and have been assigned to the
Rochester, New York Resident Office since May 2010. Prior to joining the DEA, I was a
special agent with the United States Secret Service for eight years. During my law enforcement
career, I have participated in cases involving the distribution of cocaine, cocaine base, heroin and
other controlled substances. I have previously assisted in investigations that involved the
monitoring and recording of court-authorized Title III interceptions. As part of my employment
with the DEA, I successfully completed DEA basic agent training, an intensive nineteen-week
course covering all aspects of drug enforcement including electronic surveillance. I am familiar
with how controlled substances are obtained, diluted, packaged, distributed, sold and used within
the framework of drug trafficking and how drug traffickers utilize electronic communications to
facilitate their illegal activities.
3. This affidavit is submiued in support of a Criminal Complaint charging BLAKE
zuVERA, VICTOR RIVERA and CHAYANNE RIVERA with violations of Title 21, U.S.C. $
846 (conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of
cocaine, 280 grams or more of cocaine base and 100 grams of heroin), and Title 18 U.S.C. $ 924(c)
(possession of firearms in furtherance of drug trafficking).
4. The information in this affidavit is based upon my personal knowledge obtained
through my participation in this investigation. It is also based upon review of reports prepared by
various police agencies, information received from other experienced narcotics investigators and
law enforcement agents and officers, and my review of conversations that have been intercepted
pursuant to court-auth oizedwire surveillance. As a result of my participation, I am familiar with
all aspects of this investigation.
5. I am presently involved in an investigation being conducted by Special Agents of
the United States Drug Enforcement Administration (DEA) Rochester Resident Office and the
Rochester police Department into a narcotics distribution organization based in Rochester, New
york, and headed by Blake Rivera. The investigation has been ongoing since approximately May
2015 and has involved physical and GPS surveillance of the three defendants. The investigation
has also involved use of one or more confidential informants who have made controlled purchases
of narcotics from the defendants during the course of the investigation. As more fully set forth
below, the investigation culminated this past Wednesday, February 17, with the execution of
search warrants at the residences ofthe three defendants and a rental storage unit used by the
defendants and rented in the name of Grissel Rivera (Blake Rivera's wife), which search warrants
resulted in the seizure of:
* Approximately 8.3 kilograms of cocaine,
* Approximately half a kilogram of cocaine base,
* l4 firearms, most of them loaded, and
* Approximately $375,456 in cash.
The Defendants
6. Blake Rivera is 31 years old. He has a prior felony conviction for Criminal
Possession of Controlled Substances 3d, with intent to sell in January 2005.
7 . Victor Rivera is 51 years old and is the father of Blake Rivera and Chayanne
Rivera. On June 3,2015, he pled guilty to felony Criminal Possession of Controlled Substances
3d, with intent to sell. He has yet to be sentenced on that conviction. He also has several
misdemeanor convictions for Petit Larceny and Criminal Possession of Stolen Property.
J
8. Chayanne Rivera is 25 years old. He is the brother of Blake and the son of Victor.
He has no known criminal convictions.
Investigation Prior To The Execution Of The Search Warrants
Controlled Purchases
g. During the last nine months, the DEA and RPD have been investigating the drug
trafficking activities of Blake Rivera, Victor Rivera (Blake's father) and Chayanne Rivera
(Blake's brother). During the course of the investigation, several controlled purchases of cocaine
were made from the defendants. Specifically, more than four controlled purchases of cocaine
were made from Blake Rivera at 164 Curtis Street. Additionatly, at least two controlled
purchases of cocaine were made from Chayanne Riveraat164 Curtis Street. The house at164
Curtis Street is the residence of Victor Rivera, who lived at the house during the course of the
investigation and was personally present at most of the controlled purchases that took place at the
residence. Additionally, victor Rivera facilitated more than one of the controlled purchases by
contacting Chayanne and/or Blake Rivera to advise that a cocaine customer was at 164 Curtis
Street waiting to purchase drugs, after which Chayanne and/or Blake came to the location and sold
the drugs to the waiting customer'
Seizure of Heroin
10. On Decemb er 4,2015,I was contacted by New York State Police Sr. Investigator
Scott Shepard who advised that a search warrant had been obtained for a suspicious FedEx
package addressed to 164 Curtis Street in Rochester, New York (which the investigation has
revealed is Victor Rivera's residence). The recipient name on the package was "Ashton
Johnson," which appears to be a fictitious name as no one by that name resides at that residence.
In my training and experience, I know that illegal narcotics which are shipped by mail or overnight
delivery service routinely use fictitious names for the recipient and the sender in order to conceal
the true intended recipient from law enforcement. The package was found to contain
approximat ely 612 grams of heroin. Significantly, as noted below, materials for processing and
package heroin were seized from 164 Curtis Street during Wednesday's search warrants'
Execution of Search Warrants
11. As noted above, search warrants were executed at four locations in the Rochester
area on Wednesday, February 17. The warrants were executed at the residences of the three
defendants and at a storage location used by the defendants and rented in the name of Grissel
fuvera, Blake Rivera's wife.
276 Woodsmoke Lane Rochester. NY
12. The investigation has revealed that Blake Rivera resides at276 Woodsmoke Lane
in Rochester with his wife Grissel and his three children. When officers made entry into the
residence, Blake Rivera was observed coming from the area of the upstairs Master bedroom'
13. In the master bedroom under the bed, police found a Del-ton DTI-15, 5.56 mm
assault style rifle loaded with a magazine containing 30 rounds of ammunition. In the closet of
the master bedroom were two safes. One safe contained $262,915 in cash. The other safe
contained $77,599 in cash. Another approximately $5,946 in cash was seized in the master
bedroom and other parts of the house. The total amount of cash seized at the residence was
$346,460.
164 Curtis Street. Rochester" New York
14. The investigation has revealed that 164 Curtis Street is Victor Rivera's residence,
and also the location where Blake Rivera and Chayanne Rivera stored and distributed drugs. It is
also the address on the FedEx package intercepted by the New York State Police which was found
to contain approximately 612 grams of heroin. When police made entry, Victor was the only
occupant ofthe house.
15. police found that the doors to the master bedroom and master bathroom were
Iocked with keyed deadbolt locks. The deadbolts were unlocked using keys seized at Blake
Rivera,s house at2T6Woodsmoke Lane during the execution of the search warrant there Inside
the master bedroom, police found several separate quantities of cocaine: one brick shaped
compressed quantity weighing approximately 541 glams of cocaine; one knotted plastic bag
containing approximat ely 96 grams of cocaine; and, inside a Sentry safe in the bedroom, two sets
of plastic bags, one set containing approximately 330 grams of cocaine and the other containing a
total of approximately 533 grams of cocaine base. Also in the master bedroom in a shoe box
police found drug paraphernalia used to process and package controlled substances, including
Pyrex glassware, plates, baggies, rubber bands and screens for sifting drugs' Two boxes of '380
6
caliber hollow point ammunition and one loose round of 5.56 mm rifle ammunition was also
found. Approximately $2,919 in cash was also located in the master bedroom.
16. In a different upstairs bedroom (bedroom #2) which was Victor Rivera's bedroom,
police found a .357 magnum Smith & Wesson revolver, loaded with 5 rounds of hollow point .357
ammunition. The gun was on a night stand in the room. On the same nightstand as the .357
revolver, officers seized two empty prescription bottles and one empty prescription box with
Victor Rivera's name on it. Victor fuvera's Social Security card and a vehicle title in his name
were also on the night stand. Underneath the mattress of the bedroom, police found
approximately $1,005 in cash.
17. In the Attic of the house, police found a Sentry Safe. Significantly, officers
opened the Sentry safe with a key obtained from Chayanne Rivera's house at245 Colwick during
the search at that residence (see below). The Sentry safe key was on a key ring along with two
other keys that opened the side and front door of 164 Curtis and a fourth key that opened the front
door of 245 Colwick (Chayanne's house). The Sentry safe contained multiple bags of cocaine
weighing a total of approximately 589 grams of cocaine'
lg. In the kitchen of the house, officers seized a wallet containing Victor Rivera's
driver,s license. A loaded 9 mm Ruger handgun was found on top of kitchen cabinets. Multiple
rounds of 12 gauge ammunition were on top of the refrigerator.
7
19. In the dining room, two black shoeboxes were found containing packaging
materials for packaging and distribution of heroin, including wax baggies.
20. In the living room/tv room, an AK 47 style short-barreled rifle with pistol grip was
found inside a black nylon weapon bag. Also in the bag were three 30 round magazines loaded
with 5.56 mm caliber "green tip" ammunition and a fourth empty magazine. Another 12 gatge
shotgun with pistol grip, loaded with one round in chamber and two rounds in the magazine tube,
was found in the living room along with a sawed off double barreled 12 gauge shotgun.
245 Colwick Road
21. The investigation that this is Chayanne Rivera's residence. When officers made
entry, Chayanne was in the house along with his wife and child.
22. As noted above, a key ring containing several keys was found on the kitchen island
in the residence. One of the keys opened the front door of 245 Colwick Road. The key ring was
taken to l64Curtis Street where one of the keys opened the side door and another opened the front
door. A safe key was also on the ring and it opened the Sentry safe found in the attic of 164
Curtis, which safe contained approximately 589 grams of cocaine.
23. In the basement of 245 Colwick, officers seized an AK-47 Style firearm, next to
which were two loaded magazines.
Stor4pUnit (2585 Briehton Henrietta Town Line Road. Rochester)
24. This storage unit is rented in the name of Blake Rivera's wife, Grissel Rivera.
Blake Rivera was surveilled going to the storage unit on numerous occasions during the course of
the investigation.
25. Inside the storage unit, officers found a 1998 BMW sedan, registered in the name of
Grissel Rivera at 164 Curtis Street. Inside the trunk of the BMW, officers seized seven brick
shaped quantities of cocaine, weighing a total of approximately 6.8 kilograms of cocaine.
26. Also inside the BMW, officers found seven firearms: one SKS style firearm loaded;
two handguns (one of which was loaded); two AK-47 style firearms; one shotgun with a sawed off
stock (loaded); and one AR-15 style firearm. Several loaded magazines and loose ammunition
were near the seven guns.
CONCLUSION
WHEREFORE, based upon the foregoing, I respectfully submit that there is probable
cause to believe that from in or about May 2015 to the present, in the Western District of New
YOrK ANd CISEWhETE, dEfENdANtS BLAKE zuVERA, VICTOR RIVERA ANd CHAYANNE
RIVERA violated Title 21, United States Code, Sections 846 (conspiracy to possess with intent
to distribute and to distribute 5 kilograms or more of cocaine, 280 grams or more of cocaine base
(crack cocaine), and 100 grams or more of heroin. There is also probable cause to believe that
the three defendants possessed multiple firearms in furtherance of their drug trafficking crimes in
violation of Title 18, United States Code, Sections 92a(c)(1)(A).
SABATINO SMITHSpecial AgentDrug Enforcement Administration
Sworn to before me this
fi day of February,2016
Respectfully submitted,
JONATHAN W. FELDMANSTATES MAGISTRATE JUDGE
DISTzuCT OF NEW YORK
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