Free Redacted Document - District Court of Delaware - Delaware

Case 1 :07-cr-00014-SLR Document 2 Filed 01 /29/2007 Page 1 of 4
AO 91 (Rei:. l2/93) Criminal Complaint E]
United States District Court
DISTRICT OF DELAWARE
D 1 l2 l il (U A
UNITED STATES OF AMERICA \ l '
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V.
Criminal Complaint
RAFAEL SANTLAGO
O"/·· V5 M
[Name and Address of Defendant)
I,_the undersigned complainant, being duly swom, state the following is true and correct to the best of my knowledge and belief On or
about June 15, 2006, in New Castle County, in the District of Delaware defendant, Rafael Santiago rrruatseuuuuy Language erorreuua
did knowingly distribute cocaine
in violation of Title 21 United States Code, Section(s) 841 ga) & gb] ll) gc) .
I further state that I am a(n) Special Agent, DEA and that this complaint is based on the following facts:
Official Title
SEE ATTACHED AFF IDAVIT
Continued on the attached sheet and made a part hereof? YES
Sig·nature`oi`C0m§i:1ant
` David B. Hughes
Special Agent ‘
Drug Enforcement Agency 5 --—- ~--· -·—-·- ···· ;·~—·—··-~ ····· ee·e are ···l·l ·· ·· R
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I f JAN 2 9 2007 Q
A l. ..__ .. ,. _, W L
Swom to before me and subscribed in my presence, E §.¤f'* u
Ianug 29, 2007 at Wilmington, DE
Date Ci -»··‘ · l -_
Honorable Mary Pat Thynge ’ ‘ _
United States Magistrate Judge 441 __ -4 L
Name su Title musical omeeu Signature nfjudicial •@ ‘

Case 1:07-cr—OOO14-SLR Document 2 Filed O1/29/2007 Page 2 of 4
AFFIDAVIT
DAVID B. HUGHES, being duly sworn, states as follows:
1. I am a Special Agent (S/A) with the Drug Enforcement Administration (DEA) and
have been so employed for approximately five years and one half years. Prior to my employment
with the DEA, I was employed as a Trooper with the Maryland State Police for approximately six
years. During my law enforcement tenure, I have participated in numerous investigations into the
unlawful distribution of narcotics in violation of federal and state laws. In the course of my
duties, I have conducted or participated in physical and electronic surveillance, undercover
transactions, the execution of search warrants, debriefing of informants, interviews of witnesses,
reviews of tape-recorded conversations involving drug trafficking activities, and analyses of
telephone toll records and other records kept by or relating to drug traffickers. Through my
training, education and experience, I have become familiar with methods in which illegal drugs
are imported, manufactured and distributed; methods of payment for such drugs; and methods
used by drug traffickers to avoid law enforcement detection, including methods used to disguise
the source and illegal nature of drug proceeds. I have also testified as an expert witness in
federal andfor state courts regarding the distribution, transportation and concealment of illegal
drugs.
2. This Affidavit is in support of a criminal complaint against and arrest warrant for
Rafael SANTIAGO, d/o/b 1978. Iam the case agent responsible for the investigation in
aid of winch this application is being made. This Affidavit is based on my personal knowledge
and observations as well as information provided to me by other law enforcement officers.
Because this Affidavit is solely for the purpose of establishing probable cause, not all facts
relating to the investigation are included herein.
3. On or about June 15, 2006, the CS, under the direction and control of agents/officers,
initiated a consensually monitored tape-recorded telephone call to SANTIAGO regarding th
purchase and delivery of a half-kilogram of cocaine. During the telephone call, SANTIAGO
agreed to meet with the CS and deliver a half-kilogram of cocaine on consignment expecting a
future payment of $1 1,000.00. Pursuant to the telephone call, agents/officers established
surveillance in and around the area of the New Creation Barbershop located at 501 Maryland
Avenue, Wilmington, Delaware 19805. Upon arrival, agents/officers observed the CS drive up to
and park adjacent to the New Creation Barbershop located at 501 Maryland Avenue,
Wilmington, Delaware 19805. Shortly thereafter, agents/officers observed SANTIAGO exit the
New Creation Barbershop carrying a white cardboard box. Agents/Officers observed
SANTIAGO walk over to the CS vehicle and hand the white cardboard box to the CS through
the driver’s side window., Simultaneously, agents/officers followed the CS out of the area while
SANTIAGO returned to the aforementioned barbershop. Agents/Officers met with the CS where
the CS relinquished the aforementioned white cardboard box that contained approximately a
half-kilogram (500 grams) of cocaine. The CS and the CS’s vehicle were searched for contraband
(money and/or drugs) prior to and after the meeting with SANTIAGO. The CS was equipped
with an electronic monitoring and recording device during the meeting with SANTIAGO
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Case 1:07-cr—OOO14-SLR Document 2 Filed O1/29/2007 Page 3 of 4
allowing agents/officers to contemporaneously monitor the transaction between the CS and
SANTIAGO. The aforementioned half-kilogram of cocaine was transferred to the DEA
Northeastern Regional Laboratory where it was analyzed and determined to be 497.2 net grams
of cocaine with an 83% purity level.
4. On January 26, 2007, agents/officers officers of the Wilmington, Delaware Resident
Office and the Wilmington Police Department Vice Unit established surveillance in and around
the area of SANTIAGO’S residence at in Wilmington, Delaware.
Agents/Officers observed SANTIAGO exit the residence of in Wilmington,
Delaware carrying a black plastic case where he entered the driver’s side of a 1991 white Honda
Accord station wagon bearing Delaware registration PC 1 89983. Agents!Officers converged on
and executed the arrest of SANTIAGO as he exited the aforementioned Honda Accord. A search
of the Honda Accord incident to arrest produced a .45 caliber semi-automatic handgun with a
loaded magazine and one round in the chamber. Additionally, there was another loaded magazine
contained with the .45 caliber semi-automatic handgun. The .45 caliber semi-automatic handgun
was located in the black plastic case under the driver’s seat of the Honda Accord. Immediately
thereafter, SANTIAGO was verbally advised of his Miranda Rights; he was not questioned at
that time. =
5. Upon arrival to the DEA Wilmington Resident Office, SANTIAGO was again advised
of his Miranda Rights and signed a written waiver of his Miranda rights. Post Miranda,
SANTIAGO admitted to distributing a half-kilogram of cocaine to an individual sometime
during the summer of 2006. SANTIAGO also admitted that the aforementioned handgun
belonged to him and that he maintained it to protect his business at the barbershop.
6. Based upon my training, knowledge and experience, I believe that the above
substance seized on June 15, 2006, is cocaine. This conclusion is based on factors including the
color, texture, smell, and appearance of the substance.
7. Based on the foregoing facts and my training, knowledge and experience, it is my
opinion that SAN TLAGO knowingly distributed a substance containing a detectable amount of
cocaine.
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Case 1:07-cr—OOO14-SLR Document 2 Filed O1/29/2007 Page 4 of 4
8. Based on the foregoing facts, Affiant submits that there is probable cause to believe
that SANTIAGO has committed a violation of Title 21, United States Code, Section 841(a) (1)
and (b) (1) (C), distribution of a substance containing a detectable amount of cocaine, and
therefore respectfully requests that the Court issue a criminal complaint and arrest warrant for
SANTIAGO.
\ za.
Special Agent David Hughes
Sworn to and subscribed before
me this 29°‘ day of January 2007.
l A. l
414.
5 ‘| I ’ ARYP j' ` ’
United St es Magistrate » ge