Free Redacted Document - District Court of Delaware - Delaware

Case 1:06-mj-OO014—IV|PT Document8 Filed O4/13/2006 Pagei of4
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UNITED STATES OF AMERICA
V. T
CRIMINAL COMPLAINT
HENRY DWAYNE SUDLER
NUMBER; 06~ KA, MK
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l, the undersigned complainant being duly sworn state the following is true and correct to the best ot my
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knowledge and belief. On OT about- MafC__.h 3O_» 2005 _ - in - Kéné __ _ county, in the
.._._.....; District of deferidantlsl did, nw s···¤·¤~ i-·»¤~·i»•¤•¤•••··••
knowingly distribute cocaine, a controlled substance, and did knowingly conspire with
another to distribute and possess with intent to distribute cocaine, a controlled sub-
stance,
ih violation of Title _;1_ United States coco, Section(s) 8i+1(¤) <1> and 846 _
ifurther state that l am ain) and that this complaint is hoooo Oh the roliowlhg
facts; AFFIDAVIT attached.
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Continued on the attached sheet and made a part hereof: @ Yes D No
4.4 J A ·
I l ` | O U t
ey unnfl &cial Agent;
_ rug E forcement Administration
Swom to before me and subscribed in my presence,
January 25, 2006 Wilmington, Delaware I
. at ——-Y-1-———
Dale City and State
Honorable Mary Pat Thynge T k /
United States Magistrate Judge · r ·¤_` _ $[25,- an _
Name at `Htle ot Judicial Otlicer 5ig Juquul mtloqr /

Case 1:06-mj-OO014—lV|PT Document 8 Filed O4/13/2006 Page 2 of 4
I, Special Agent Jeffrey Dunn, being duly sworn, depose and say:
l. I am a Special Agent of the U.S. Drug Enforcement Administration (hereafter
"DEA") assigned to the Dover, Delaware Drug Task Force.
2. I have served as a DEA Special Agent since May 1997. Prior to my assignment to
the Dover Dnig Task Force, I was assigned to the DEA Philadelphia, Pennsylvania
l Field Division and the DEA Detroit, Michigan Field Division. I have received A
specialized training from the DEA Academy at Quantico, Virginia, in the
investigation and identification of drug trafhckers and other criminals. I have
participated in the investigation and prosecution of numerous drug traffickers and
other criminals, and have conducted physical and electronic surveillance, debriefed
confidential sources, interviewed witnesses, executed search warrants, analyzed
telephone toll records and reviewed tape recorded conversations concerning drug
trafficking. The contents of this affidavit are a compilation of my observations in
conjunction with the observations of other law enforcement officers.
3. On March 30, 2005, Officers from the Delaware State Police Governor’s Task Force
(hereafter "GTF") executed a state search warrant at l, Dover,
DE, a residence of Garfield SUDLER’S. Upon entry into the residence, Officers
detained Garfield SUDLER and conducted a search of his person. The search of
Garfield SUDLER resulted in the seizure of approximately fifty—one (5 l) gross grams
of suspected cocaine hydrochloride, which was packaged in seven (7) small
individual bags. The GTF Officers then arrested Garfield SUDLER for violation of
Delaware state drug laws. The suspected cocaine hydrochloride was subsequently
submitted to the DEA Northeast Regional Laboratory where is was confirmed to be
cocaine hydrochloride.
4. A search of the residence resulted in the additional seizure of approximately 656
gross grams of suspected cocaine hydrochloride, which the DEA Northeast Regional
Laboratory also confirmed to be cocaine hydrochloride. Officers also seized
approximately $60,840 in United States currency and three (3) digital scales.
5. Following his arrest, Garfield SUDLER agreed to cooperate with law enforcement
authorities and attempt to arrange the delivery of a quantity of cocaine from his
source of supply. Garfield SUDLER explained to the Agents and Officers that his
cousin, whom he identified as Dwayne SUDLER from Reading, PA, had supplied
him with cocaine over the past one to two years. (Agents subsequently identified
Dwayne SUDLER as Henry Dwayne SUDLER, 5 r.) During that time frame, Henry
Dwayne SUDLER supplied cocaine to Garfield SUDLER on approximately five to
ten occasions. On each occasion, Henry Dwayne SUDLER provided Garfield
SUDLER with approximately 750 grams of cocaine.
6. On March 3l, 2005, at approximately 2:45 p.m., at the direction of Agents and
Officers, Garfield SUDLER contacted Henry Dwayne SUDLER via Nextel "direct
connect." ln summary, Garfield SUDLER asked Henry Dwayne SUDLER to supply

Case 1:06-mj-OO014—lV|PT Document 8 Filed O4/13/2006 Page 3 of 4
"one, one and a half. . kilograms of cocaine. While negotiating for a delivery time,
Henry Dwayne SUDLER told Garfield SUDLER. ". . .l’m gonna try to come
today. . A
7. On March 31, 2005, at approximately 3:00 p.rn., Garfield SUDLER contacted Henry
Dwayne SUDLER via Nextel "direct corrnect." In summary, Henry Dwayne
SUDLER told Garfield SUDLER that ifhe travels to Reading, PA, that ". . .he, he’ll
let it go for two—four." While continuing to negotiate a delivery location, Henry
Dwayne SUTDLER said, ". . .he says if we come out there, he said it’ll be two-four and
a half." Your affiant believes that when Henry Dwayne SUDLER refers to "he," that
Henry Dwayne SUDLER is referring to his cocaine source of supply. Your affiant
also believes that Henry Dwayne SUDi,ER’S reference "two—four" is a code for the
price of $24,000 for the kilogram of cocaine, which is consistent with the current
price for a kilogram of cocaine in the Dover, DE area. Furthermore, Henry Dwayne
SULDER’S reference "two—four and a |ralf”’ is another quote for the price of the
cocaine. llowever, l lenry Dwayne SUDLER and his source of supply are charging a
$500 transportation fee because they have to transport the kilogram of cocaine from
Reading, PA to Dover, DE.
8. On March 31, 2005, at approximately 3:20 pm., Garfield SUDLER contacted Henry
Dwayne SUDLER via Nextel "direct connect." In summary, Henry Dwayne
SUDLER advised Garfield SUDLER that his source of supply was able to supply
multi—kilograms of cocaine to Garfield SUDLER. Henry Dwayne SUDLER said,
". . .lre got the big boy with him and shit, so he was just asking. .. the low he could do
was (unintelligible) five is two—one and a half." Your afliant believes that Henry
Dwayne SUDLER was acting as a broker and offered Garfield SUDLER five (5)
kilograms of cocaine for $21,500 per kilogram on behalf ofllenry Dwayne
SUD LER’S source of supply. (1 am also aware that cocaine suppliers offer quantity
discounts when multi—kilograms are purchased.) Garfield SUDLER told Henry
Dwayne SUDLER that he would be unable to purchase that quantity of cocaine at the
present time. Henry Dwayne SUDLER acknowledged and advised Garfield
SUDLER that his source of supply would need . .a week or two. . ." in the event that
Garfield SUDLER wanted to purchase multi—kilograms of cocaine.
9. On March 31, 2005, at approximately 5:40 pm., Garfield SUDLER contacted Henry
Dwayne SUDLER via Nextel "direct cormect." In summary, Henry Dwayne
SUDLER told Garfield SUDLER that it was late in the day and that he will probably
travel to Delaware the following day to deliver the cocaine. _
l0. On April 1, 2005, at approximately 4:21 p.rn., Garfield SUDLER contacted Henry
Dwayne SUDLER via Nextel "direct connect." ln summary, Henry Dwayne —
SUDLER informed Garfield SUDLER that he (D. SUDLER) was advised by a family
member that Garfield SUDLER had been arrested. Garfield SUDLER denied having
been arrested and Henry Dwayne SUDLER then told Garfield SUDLER that he was
planning to travel to Delaware in approximately one (1) hour. Henry Dwayne

Case 1:06-mj-OO014—lV|PT Document 8 Filed O4/13/2006 Page 4 of 4
SLKLDER and Garfield SUDLER then continued to negotiate a location to meet in
order to conduct the cocaine transaction.
11. Based on the above information, 1 believe that there is probable cause that Henry
Dwayne SUDLER is in violation ofTitle 21 USC § 841(a)(1), distribution ofa
controlled substance, and Title 21 USC § 846, conspiracy to distribute and possess
with intent to distribute a controlled substance.
/{MD/*[
. ‘peeial Agent, DEA
Subscribed and sworn to before me on
this the day of January 2006.
The Honorable Mary Pat '
United States Magistrate Judge