AO 91 (Rev, 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
District of Connecticut
United States of America
v.
DALBERT RODRIGUEZ
612 Pleasant Street
Holyoke, MA
Defendant(s)
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Case No. s: I 'S rY
CRIMINAL COMPLAINT
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I, the complainant in this case, state that the following is true to the best of my
On or about the date(s) of October 18, 2013 in the county of Hail ;:a-
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, the defendant(s) violated: District of Connecticut
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Code Section
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18 U.S.C. 1951
18 U.S.C. 924(c)
Offense Description :-i
Hobbs Act Robbery and Conspiracy -l
21 U.S.C. 846, 841(a)(1)
Using and Carrying a Firearm During and in Relation to Crime of Violence
Conspiracy to Possess and Possesion with Intent to Distribute Controlled
Subsances
This criminal complaint is based on these
See Attached Affidavit of ATF SA Daniel L. Prather
Continued on the attached sheet.
Sworn to before me and signed in my presence.
Date: 11/12/2013
City and state:
New Haven, Connecticut
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Complainant's signature
Daniel L. Prather
Printed name and title
Judge's signature
J Joan Glazer Margolis
Printed name and title
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/s/ Joan G. Margolis, U.S.M.J.
STATE OF CONNECTICUT
55: New Haven, Connecticut
COUNTY OFNEW HAVEN November 12, 2013
AFFIDAVIT IN SUPPORT OF APPLICATIONS FOR
CRIMINAL COMPLAINTS AND ARREST WARRANTS
I, Daniel L. Prather, a Special Agent with the Bureau of Alcohol , Tobacco, Firearms and
Explosives, Hartford Field Office, having been duly sworn, state:
J. INTRODUCTION
t. I am a Special Agent employed by the Bureau of Alcohol, Tobacco, Firearms and
Explosives COlA TF"). As such, I am a law enforcement officer of the United States within the
meaning of Section 2510(7) of Title 18 of the United States Code; that is, an officer empowered
by law to conduct investigations of, and make arrests for, offenses enumerated in Section 2516
of Title 18. I have been employed by ATF for approximately eleven years, the last nine years as
a Special Agent. r have a Bachelors of Art degree in Criminal Justice, and have completed the
Criminal Investigator Training Program and the j\TF Special Agent Basic Training program,
both of which are conducted at the Federal Law Enforcement Training Center in Glynn County,
Georgia. [have received specialized training in fireanns identification and the investigation of
fireanns-related offenses. I have participated in investigations involving the unlawful possession
of fireanns by prohibited persons, including persons who are previously convicted felons; the
possession of firearms in furtherance of the distribution of narcotics; and the use offireanns in
the commission of violent acts. I have participated in investigations involving individuals who
unlawfully possess firearms, of individuals illegally selling fircanns, and of individuals
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distributing illegal drugs. As such, I have coordinated the controlled purchases of illegal
fireanns and narcotics utilizing confidential sources, cooperating witnesses and undercover law
enforcement officers; written, obtained and coordinated the execution of search and arrest
warrants pertaining to individuals involved in the illcgal possession and distribution of fircanns
and narcotics; conducted electronic and physical surveillance of individuals involved in illegal
drug distribution; analyzed records documenting the purchase and sale of firearms and illegal
drugs; provided testimony, both in Grand Jury proceedings and District Court proceedings; and
spoke with informants and subjects, as well as local, state and federal law enforcement officers,
regarding the manner in which individual s obtain, finance, store, manufacture, transport, and
distribute their illegal firearms and drugs. In addition, I have been involved in the investigation
of street gangs, including gangs with a national presence as well as locally-based gangs. I have
received training, both formal and on-the-job, in the provisions of the federal firearms and
narcotics laws administered under Titles 18,21 and 26 of the United States Code.
2. I am currently assigned to the ATF Hartford Field Office and have been
participating in an investigation into a series of armed robberies occurring at phannacies in the
greater Hartford area. During several of these robberies, the assailant is armed with a handgun,
which he brandishes, and then steals severa! thousand Oxycodone/Oxycontin pills. It is this
affiant's belief, based on the information obtained LO date, that a number of individual s are
participating in these robberies, one of whom is DALBERT RODRIGUEZ
3. This affidavit sets forth facts and evidence that are relevant to the requested
criminal complaints and arrest warrant, but does not set forth all of the facts and evidence that I
have gathered during the course of the investigation of this matter. Rather, I have only set ~ r
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the facts that are necessary to establish probable cause to support the issuance of the criminal
complaints, arrest warrants, and search and seizure warrant.
4. I submit this affidavit in support of a criminal complaints and arrest warrant
charging DALBERT RODRIGUEZ, with interference of with commerce through threat of
violence and conspiracy, in violation of Title 18 United States Code, Section 195 I, and
possession of a fireann in furtherance of a crime of violence in violation Title 18, United States
Code, Section 924(c), and possession and conspiracy to possess narcotics with intent to distribute
narcotics in violation of Title 21, United States Code, Sections 841 (a) and 846.
II. PROBABLE CAUSE
5. The ATF Hartford Field Office, the DEA and the East Hartford Police
Department along with a number of state and local agencies are currently investigating a series
of anned robberies occurring in the greater Hartford, CT area.
6. During the summer 0[2013, the Massachusetts State Police investigated a number
ofanned phamlacy robberies occurring in Western Massachusetts. An individual named Dario
Albizu was developed as a suspect in the robberies and on August 28, 2013, a warrant was
obtained for his arrest. On August 29, 2013, law enforcement officers traveled to the Econo
Lodge in West Springfield, MA, where Albizu was believed to be staying. While officers were
watching the location, Albizu's nephew ("nephew") arrived as a passenger in vehicle believed to
be associated with Albizu. As officers approached the nephew, he was observed discarding a
quantity of prescription pills and was taken into custody.
7. In a subsequent postarrest interview, the nephew stated that he had obtained the
prescription pills from Albizu earlier that morning. The nephew stated that in a conversation that (
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same morning, Albizu told him that he had been robbing pharmacies, the police were looking for
him and that he was fleeing the area. He stated further that Albizu had given him pills on prior
occasions that he had sold on Albizu's behalf. The ncphew also stated that he knew that Albizu
was committing the robberies with indi viduals named "Henry" and "Dalbert". The nephew
stated that he knew "Henry" and "Dalbert" from the Holyoke, MA area. He stated that on one
occasion he was standing in front of a store in Holyoke with "Henry" and "Dalbert" when they
began discussing a pharmacy robbery that Albizu had committed in Longmeadow, MA. The
newphew stated that "Henry" and "Dalbert" indicated that they had been with Albizu when they
committed the robbery and stated, "we got away with this one." The nephew subsequently
identified Henry and DALBERT RODRIGUEZ from Massachusetts RMV photographs. This
affiant is aware that a robbery occurred in Longmeadow, MA occurred on July 13, 20 t 3 during
which two Hispanic male suspects were present. This affiant is also aware that Dario Albizu has
since been taken into custody in connection with the warrant referred to in paragraph 6.
8. On October 18, 2013, at approximately 2 102 hours, a Hispanic male entered the
CVS Pharmacy located at 972 Silver Lane in East Hartford, CT. The Hispanic male was wearing
a blue hooded sweatshirt and a blue or black baseball cap and could be seen talking on his cell
phone as he entered the store. The suspect proceeded to the phall11acy counter and immediately
passed through a swinging door and approached the pharmacist who was behind the counter.
The suspect showed a handgun the phannacist and instructed him to open the safe. The suspect
removed numerous pill bottles from the safe, placed them in a plastic bag and then exited the
store.
9. On October 22, 2013, a Sergeant of lhe East Hartford Police Department met i t ~
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the pharmacist who had been the victim of the robbery that had occurred at the CVS Pharmacy
on October 18, 20 I 3. The victim viewed eight (8) individual photographs of similar looking
Hispanic males. As the Sergeant progressed through the photographs the victim did not react
until he viewed photograph number 4 and immediately stated, "that's him". The Sergeant
continued to progress through the remaining photographs and the victim did not react to any of
the additional photographs. After viewing the photographs, the victim expressed concerned that
that the suspect, should he be arrested, would seek retribution against the victim for identifying
him. The victim then said that he was "80 percent" sure that photograph number 4 was the
suspect that had committed the robbery. DALBERT RODRIGUEZ as the individual depicted in
photograph number 4.
10. On October 25, 2013, at the request of the Cromwell Police Department,
Detective Foster of the Amherst Police Department contacted Dalbert RODRIGUEZ at
telephone number (413) 275-8159 ("Rodriguez Phone") .. Detective Foster has known
RODRIGUEZ for several years as RODRIGUEZ's mother is a resident of Amherst, MA and
Detective Foster has had numerous police related contacts with RODRIGUEZ. Detective Foster
contacted RODRIGUEZ at (413) 275-8159 and asked him ifhe had recently been in
Connecticut. RODRIGUEZ denied having been in Connecticut. Detective Foster asked
RODRIGUEZ ifhe had any knowledge of and/or involvement in robberies and RODRIGUEZ
staled that he did not.
II. On November 5, 2013, this affiant spoke to Detective Foster who relayed that he
was aware that RODRIGUEZ has had a history of substance abuse. Detective Foster stated
further that he had not interacted in person with RODRIGUEZ for several months, but that i n ~
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prior interactions he had become aware that RODRIGUEZ had a history of abusing prescription
pills.
12. Detective Foster has also reviewed a photograph and unenhanced video of the
suspect from the October 18,2013 robbery of the CVS in East Hartford, CT. Detective Foster
stated the individual in the picture and video has the same build and physical characteristics of
RODRlGUEZ.
13. On October 31,2013, a Court Order, signed by The Honorable Holly B.
Fitzsimmons, United States Magistrate Judge, District of Connecticut, was obtained authorizing
the identification of all cell site location and ccll identifying and locating information relating to,
RODGRIGUEZ's phone (413) 275-8159, for a period of August 1,2013 through October 30,
2013.
14. In connection with the October 18, 2013 East Hartford CVS robbery, a revIew
of the cellular toll data and cell site data for RODGRIGUEZ Phone's activity on that date
showed that at approximately 2054 hours RODRIGUEZ's Phone was in communication with a
cellular tower located at 615 Silver Lane East Hartford, CT (Lat: 41.758739, Long: -72.618816),
and at approximately 2059 hours, his phone was in communication with a second cellular tower
located at 100 Sunset Ridge Road in East Hartford, CT (Lat: 41.77175971, Long: -72.590097).
As noted above, the CVS Pharmacy which was robbed on October 18, 2013 is located at 972
Silver Lane in East Hartford, CT and the robbery occurred at approximately 2102 hours. The
cell tower at 615 Silver Lane is located approximately 0.9 miles from 972 Silver Lane and the
cell tower located at 100 Sunset Ridge Road is approximately 0.8 miles from 972 Silver Lane.
Your affiant believes that this reflects that RODRGIUEZ's Phone was in the vicinity of the CVS {
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Phannacy at the time of the robbery.
15. A review of the cellular toll data and site data for RODRIGUEZ's Phone after the
robbery was concl uded showed RODGRIGUEZ's Phone in communication with several towers
located ofT of Interstate 91 , north of East Hartford. The pauern of cell site communications
appears to indicate that RODRIGUEZ's Phone continued to travel north along Interstate 91 after
the conclusion of the robbery. Further, at approximately 2245 hours, RODRIGUEZ' s Phone
appears to be communicating with a cellular tower in the Holyoke, MA area and the phone
appears to remain in the Holyoke, MA area For several hours thereafter.
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III. CONCLUSION
16. As set forth above, there is probable cause to believe and I do believe that the
individuals identified above have committed the offenses set forth herein and therefore
respectfully request the issuance of the specified criminal complaints and arrest warrants,
17. r believe that public disclosure of this Affidavit, the requested criminal complaint
and arrest warrant may: compromise the ongoing investigation; cause suspects to flee in order to
avoid apprehension; cause individuals to destroy physical evidence or conceal proceeds of
criminal activity; and j eopardize the safety of cooperating witlessness and law
I As noted above when contacted by Detective Foster, RODRIGUEZ denied any recent travel to
Connecticut.
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officers. I therefore respectfully request that the Court order that this Affidavit, the requested
criminal complaint and arrest warrant be sealed until further order of the Court.
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V ~ <
DANIEL L. PRATHER
SPECIAL AGENT
BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES
Sworn to and subscribed before me on this the 12th day of November 2013, at New
Haven, COJUlecticut.
~
JO GLAZER MARGOLIS
UN ED STATES MAGISTRATE mDGE
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/s/ Joan G. Margolis