Criminal complaint against Dalbert Rodriguez

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 ~G{v\)

CRIMINAL COMPLAINT

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I, the complainant in this case, state that the following is true to the best of my knowlc<lita~- bel~ On or about the date(s) of October 18, 2013 in the county of Hail ;:a-

m <, , the defendant(s) violated: ~ ~ District of Connecticut ---'-'---'-'-'--'--=----

Code Section (")0 cJ\

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 facts ~

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 ----

Complainant's signature

Daniel L. Prather Printed name and title

Judge's signature

J Joan Glazer Margolis Printed name and title

Case 3:13-mj-00284-JGM Document 1 Filed 11/13/13 Page 1 of 1

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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

Case 3:13-mj-00284-JGM Document 1-2 Filed 11/13/13 Page 1 of 8

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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 individuals 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 18,2 1 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 individuals 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 f~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 vio lation of Title 18 United States Code, Section 195 I, and

possession of a fireann in furtherance of a crime of violence in vio lation 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 post·arrest interview, the nephew stated that he had obtained the

prescription pills from Albizu earlier that morning. The nephew stated that in a conversation that ( IX-

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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 so ld on Albizu's behalf. The ncphew also stated that he knew that Albizu

was committing the robberies with individuals 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 Wit~

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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 in . ~

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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 18,20 13 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 cc ll 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 { \)I,

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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 concluded showed RODGRIGUEZ's Phone in communication with several towers

located ofT of Interstate 91 , north of East Hartford. The pauern of ce ll 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. l

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 jeopardize the safety of cooperating witlessness and law enforceme~f1'

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. 7

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

Criminal complaint against Dalbert Rodriguez

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