Cartel Ammunition

AO 91 (Rev, Ill I) Criminal Complaint

UNITED STATES DIS'I'RICT CoURT UL! 22 2015

for the CLERK tJ.S. DISTRICT COURT

Western District of T WESTERN DISTRICT Off TEXAS

exas BY_____________________

United States of America )

DEPU

v. )

ANTUNEZ-Gutierrez, Maa Del Rosario ) Case No. 3

)

)

)

_____________________________________________________________________________________________ )

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 9/19/2015 and 10/05/2015 in the county of El Paso in the

Western District of Texas , the deind ant(s) violated:

Code Section Offense Des cr (pt/on

18 USC 922(g)(5) It shall be unlawful for any person who, being an alien, except as provided in

subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101 (a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26))); to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any ammunition; or to receive ammunition which has been shipped or transported in interstate or foreign commerce.

This criminal complaint is based on these facts:

SEE ATTACHED AFFIDAVIT

Continued on the attached sheet.

Sworn to before me and signed in my presence.

Date: 10/22/2015

Complainant's

Alton E. Hightower, HSI

Printed name and

Judge 's signature

City and state: El Paso, Texas Robert F. Castaneda, U.S. Magistrate Judge Printed name and title

Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 1 of 4

Aef 4 AFFIDAVIT iN SUPPORT OF CRIMINAL COMPLAINT

I, . Alton E Hightower , being duly sworn, hereby declare and state as follows:

I am a Special Agent employed by Homeland Security Investigations, Office of Special Agent in

Charge, El Paso, Texas. I have twelve years of experience as a federal law enforcement agent. I

have successfully graduated from several law enforcement academies including Immigration and

Customs Enforcement Special Agent Training, Criminal Investigation Training Program, and the

United States Border Patrol Academy. My training includes courses related to Immigration and

Customs Laws. I have investigated variety of offenses and have successfully completed

numerous ammunition smuggling investigations.

The following information related to the investigation of Maria Del Rosario ANTUNEZ-

Gutierrez is personally known to me based on my own investigation, training and experience,

including my review of investigative reports, or has been related to me by other individuals,

including law enforcement officers involved in the investigation.

Homeland Security Investigations (HSI), Special Agent (SA) Alton Hightower received

information indicating that individuals had purchased large quantities of ammunition on several

occasions at a specific sporting goods store in El Paso, Texas. SA Hightower reviewed

transaction reports and video surveillance logs which documented purchases of large

ammunition made during the months of July 2015 through October 2015 at the specific store.

SA Hightower found that the same group of individuals had purchased large volumes of

ammunition in approximately 50 separate transactions between July 17, 2015 and October 7,

2015. Transaction volumes ranged from approximately 500 to 2,000 rounds of ammunition per

purchase. Video surveillance recordings showed that on most occasions, the individuals arrived

and departed in a blue four door hatchback.

SA Hightower queried border crossing records and identified several individuals entered the

United States from Mexico in a blue four door hatchback within close proximity to the time the

ammunition was purchased. SA Hightower observed that the vehicle and individuals appeared to

be the same vehicle and individuals depicted in the sporting goods store video logs. SA

Hightower identified one of the individuals as Maria Del Rosario ANTUNEZGutierrez. SA

Hightower observed that images of ANTUNEZ-Gutierrez captured by cameras at the port of

entries matched images of one of the purchasers of the ammunition captured by the sporting

goods store security cameras.

SA Hightower's investigation, which included review of border crossing records, video

surveillance logs and store transaction reports revealed that between August 17, 2015 and

October 5, 2015, ANTtJNEZ-Gutierrez purchased approximately 10,900 rounds of ammunition

in 12 separate transactions for transaction total of $4,813.05.


Immigration records reflect that ANTLTNEZ-Gutierrez has been issued non-immigrant visa and

is not a Citizen or Lawful Permanent Resident of the United States. Records do not reflect that

ANTUNEZ-Gutierrez has been granted permission to possess ammunition in the United States.

SA Hightower detennined that by purchasing ammunition, ANTUNEZ-Gutierrez was in

possession of ammunition in violation of Title 18, United States Code, Section 922(g)(5).

SA Hightower reviewed border crossing records and found that on October 5, 2015, at

approximately 7:47 p.m., ANTUNEZ-Gutierrez entered the United States from Mexico through

the Bridge of the Americas Port of Entry in El Paso, Texas as a pedestrian.

SA Hightower reviewed video surveillance logs at the aforementioned sporting goods store and

observed that on October 5, 2015, at approximately 8:02 p.m., a female who SA Hightower

recognized to be ANTUNEZ-Gutierrez left an empty shopping cart in the store's ammunition

aisle next to a male who SA Hightower previously observed to accompany ANTUNEZ-Gutierrez

when she purchased ammunition on prior occasions. The male placed boxes within the cart that

ANTIJNEZ-Gutierrez had left on the aisle. SA HightOwer had previously looked over store

stocking locations and knew the boxes likely contained ammunition based on their appearance

and location on the store shelf. At approximately 8:11 p.m., ANTIJNEZ-Gutierrez returned to

the store's ammunition aisle where she picked up the loaded shopping cart and departed the

ammunition aisle. At approximately 8:16 p.m., video footage showed that ANTUNEZ-Gutierrez

purchased multiple boxes at register 6 at the sporting goods store. The boxes were constant in

appearance with boxes of ammunition.

Sporting goods store transaction reports indicate that on October 5, 2015 at 8:16 p.m., 15 boxes

of American Eagle brand .7.62 X 39 caliber ammunition were purchased at register number 6 at

the sporting goods store. 600 rounds were purchased during that transaction with a total cost of

$178.45.

On September 19, 2015, at approximately 3:33 p.m., ANTUNEZ-Gutierrez entered the United

States from Mexico through the Ysleta Port of Entry in El Paso, Texas in the blue hatchback

previously identified by SA Hightower.

SA Hightower reviewed video surveillance logs for September 19, 2015 at the aforementioned

sporting goods store and observed that, at approximately 3:51 p.m., a female who SA Hightower

recognized to be ANTUNEZ-Gutierrez entered the store's ammunition aisle pushing a shopping

cart. ANTUNEZ-Gutierrez pushed the cart next and left it next to a shopping cart that was

present in the aisle. SA Hightower observed ANTUNEZ-Gutierrez' above mentioned associate

load the cart with what SA Hightower believed to be boxes ammunition prior to ANTUNEZ-

Gutierrez' arrival in the aisle. The male transferred some of the boxes from his cart to hers. At

approximately 3:53 p.m., ANTUNEZ-Gutierrez departed from the store's ammunition aisle

pushing the loaded shopping cart. At approximately 3:58 p.m., ANTUNEZ-Gutierrez purchased


multiple boxes at register 4 at the sporting goods store. The boxes were constant in appearance

with boxes of ammunition.

Store transaction reports indicated that on September 19, 2015 at 3:58 p.m., 20 boxes of Monarch brand 9mm caliber ammunition were purchased at register number 4 at the sporting

goods store. A total of 1000 rounds were purchased during that transaction with a total cost of

$219.80.

SA }iightower was aware based on recent investigation that American Eagle brand ammunition

is manufactured outside the State of Texas and Monarch brand ammunition is manufactured

outside the United States thus the ammunition purchased by ANTIJNEZ-Gutierrez has been

shipped in or affecting interstate or foreign commerce.


Documents

Cartel Ammunition