AO

9l

(Rev.

5/85) Criminal Complaint

IJnited

District Court

States

WESTERN

DISTRICT OF

NEW YORK

CRIMINAL COMPLAINT

UNITED STATES OF AMERICA

CASE NUMBER: 16-M-

v.

/0/7

BLAKE RIVERA,
VICTOR RIVERA
CHAYANNE RIVERA
Defendants.
I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and

belief.
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 to
distribute 5 kilograms or more of cocaine and 280 grams of cocaine base and 100 grams or more of heroin, in
violation of Title 21, United States Code, Section 846; and did knowingly and unlawfully possess firearms in
furtherance 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
the following facts:

SEE ATTACHED AFFIDAVIT OF SPECIAL AGENT SABATINO SMITH

Continued on the attached sheet and made a part hereof:

/)

Yes

)No

Signature of Complainant

Sworn to before me and subscribed in my presence,

peuruarv
Date

fl.

zoto

Honorable Jonathan W. Feldman. U.S.M.J.

Name & Title of Judicial Officer

at

of Judicial Officer

is based on

I.'NITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
LINITED STATES OF AMERICA

16-MJ-

Yl/tr

v.

BLAKE RIVERA
CHAYANNE RIVERA
VICTOR RTVERA
Defendants.

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

SABATINO SMITH, being duly swom,

l.

deposes and says:

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

* l4 firearms,

kilogram of cocaine base,

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.

Victor Rivera is 51 years old and is the father of Blake Rivera and Chayanne

Rivera. On June 3,2015,

3d, with intent to

he pled guilty to felony Criminal Possession of Controlled Substances

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.

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

the
Curtis Street is the residence of Victor Rivera, who lived at the house during the course of

took place at the

investigation and was personally present at most of the controlled purchases that
purchases by
residence. Additionally, victor Rivera facilitated more than one of the controlled

was at 164 Curtis

contacting Chayanne and/or Blake Rivera to advise that a cocaine customer

to the location and sold

Street waiting to purchase drugs, after which Chayanne and/or Blake came
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

FedEx
Scott Shepard who advised that a search warrant had been obtained for a suspicious
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

As noted above, search warrants were executed at four locations in the Rochester

11.

area on Wednesday, February

17.

The warrants were executed at the residences of the three

in the name of Grissel

defendants and at a storage location used by the defendants and rented

fuvera, Blake Rivera's wife.

276 Woodsmoke Lane Rochester. NY

12.

Lane
The investigation has revealed that Blake Rivera resides at276 Woodsmoke

made entry into the

in Rochester with his wife Grissel and his three children. When officers

upstairs Master bedroom'

residence, Blake Rivera was observed coming from the area of the

13.
assault style

mm
In the master bedroom under the bed, police found a Del-ton DTI-15, 5.56

rifle loaded with a magazine containing 30 rounds of ammunition. In the closet of

The other safe

the master bedroom were two safes. One safe contained $262,915 in cash.

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

found
also the address on the FedEx package intercepted by the New York State Police which was

only
to contain approximately 612 grams of heroin. When police made entry, Victor was the
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

warrant there Inside

Rivera,s house at2T6Woodsmoke Lane during the execution of the search
one brick shaped
the master bedroom, police found several separate quantities of cocaine:
one knotted plastic bag
compressed quantity weighing approximately 541 glams of cocaine;
safe in the bedroom, two sets
containing approximat ely 96 grams of cocaine; and, inside a Sentry

the other containing a

of plastic bags, one set containing approximately 330 grams of cocaine and

in a shoe box
total of approximately 533 grams of cocaine base. Also in the master bedroom
including
police found drug paraphernalia used to process and package controlled substances,

drugs' Two boxes of '380

Pyrex glassware, plates, baggies, rubber bands and screens for sifting

caliber hollow point ammunition and one loose round of 5.56 mm rifle ammunition was also

found. Approximately $2,919 in

16.

cash was also located in the master bedroom.

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

Colwick during
opened the Sentry safe with a key obtained from Chayanne Rivera's house at245
the search at that residence (see

below). The Sentry

safe key was on a key ring along with two

that opened the front

other keys that opened the side and front door of 164 Curtis and a fourth key
bags of cocaine
door of 245 Colwick (Chayanne's house). The Sentry safe contained multiple

weighing

lg.

total of approximately 589 grams of cocaine'

In the kitchen of the house, officers seized a wallet containing Victor Rivera's

Multiple
driver,s license. A loaded 9 mm Ruger handgun was found on top of kitchen cabinets.
rounds of 12 gauge ammunition were on top of the refrigerator.

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

with 5.56 mm caliber "green tip" ammunition and

magazines loaded

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

The key ring was

in the residence. One of the keys opened the front door of 245 Colwick Road.
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
stock (loaded); and one AR-15 style

firearm.

a sawed

off

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).

Respectfully submitted,

SABATINO SMITH
Special Agent
Drug Enforcement Administration
Sworn to before me this
day of February,2016

fi

JONATHAN W. FELDMAN
STATES MAGISTRATE JUDGE
DISTzuCT OF NEW YORK

10