Free Response in Opposition - District Court of Colorado - Colorado

Case 1:04-cr-00084-REB

Document 106-4

Filed 06/05/2006

Page 1 of 2

Affidavit of Mike Marshall Special Agent, Drug Enforcement Administration I, Mike Marshall, Special Agent for the Drug Enforcement Administration, having been duly sworn, state and aver as follows: This affidavit has been prepared in support of the United States Response in Opposition to Application for Return of Seized Cash in Criminal Case No. 04-cr-00084-REB. All of the following facts are true and based on my own investigation an the investigation of fellow law enforcement officers as reported to me. 1. On February 9, 2004 Martin Sainz-Garcia was arrested pursuant to a routine

traffic stop near Grand Junction, Colorado by officers of the Grand Junction Police Department; at that time, he was found to be in possession of 1,293.6 gross grams of heroin, wrapped in several layers of plastic, and placed inside a spare tire the vehicle's trunk. Sainz-Garcia agreed to cooperate with law enforcement, and agreed to participate in a controlled buy of the heroin with the intended purchaser, Gabriel Velazquez-Flores (hereinafter "Flores"). 2. Later the same day, Martin Sainz-Garcia, accompanied by law enforcement,

traveled to a LaQuinta Inn located at 3500 Park Avenue West, Denver, Colorado, where he called Flores on his cellular phone and arranged for Flores to pick up the heroin in exchange for $4,520.00 in U.S. Currency ("subject Currency"). 3. Upon arriving at the hotel, Flores went into Sainz-Garcia's hotel room, placed the

$4520.00 in U.S. Currency (Subject Currency) on a table in the room. Sainz-Garcia and Flores discussed that the heroin "Stuff" was in the tire and then both Flores and Sainz-Garcia walked out to Sainz-Garcia's vehicle to retrieve the heroin. Flores was arrested as he took the spare tire containing the heroin from Sainz-Garcia's vehicle and placed it in his own vehicle's trunk area.

Case 1:04-cr-00084-REB

Document 106-4

Filed 06/05/2006

Page 2 of 2

4.

On April 2, 2004 Flores submitted to an interview with law enforcement officers

working this investigation. During the interview, Flores informed agents that he knew that he was picking up heroin from Sainz-Garcia at the direction of Maximilo Velazquez-Sanchez (hereinafter "Sanchez"). Prior to departing to pick up the heroin from Sainz-Garcia at the LaQuinta Hotel, Sanchez provided Flores with the subject Currency in order to provide it to Sainz-Garcia as payment for the heroin and courier services. 5. Flores was arrested with a female who was identified as a juvenile. The female

was interviewed by law enforcement officers on February 9, 2004. During this interview, the female advised that she was with Flores prior to both of them arriving at the La Quinta Hotel. The female further advised that she and Flores met with a heroin dealer working over Flores. During the meeting, the heroin dealer provided Flores with the subject Currency to give to the courier (Sainz-Garcia) as payment for the heroin and for courier services. s/ Mike Marshall Mike Marshall, Special Agent Drug Enforcement Administration ) ) CITY AND COUNTY OF DENVER) The foregoing was acknowledged before me this 5th day of June, 2006 by Mike Marshall Special Agent, Drug Enforcement Administration. STATE OF COLORADO

s/ Nicole C. Davidson Notary Public, State of Colorado My Commission Expires: June 12, 2006