Document 53-3
Filed 05/23/2008
Page 1 of 18
U.S. Department of Homeland Security
REPORT OF INVESTIGATION
File
EV-t NO :
umberd date
I
ol/is/zooe
Report Number
Special Agent:
(Name)
IM
(Signature)
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SBlOIOR PATROL A Q m
SUPERVISORY BORDER PATROL A
SYNOPSIS ALIEN SMUGGLING CASE
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Continued on amched continuation page ALIENS I ImCIW 5 NUMBER IN LOAD NATlONALlM INTENDED DEST krs.l*., a CHARGE PER ALIEN DATEIPLACE OF ENTRY ol/as/zooe ?OC.CO, u PLACE OF ARREST 6uelaan B w i w m Road aorth of 0.k D r i v e camvo. u DATE OF ARREST _o/13/2~&!3 a724 ARRESTING OFFICER -10 GOME% -VEHICLE(S) USED ..a992 FORD TAVIIDS OR1 m lYACP5247NQ118009 i LIC# C A / S B B X ~ ~ ~
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-
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TOTAL NUMBER OF PRlNClPALSlASSOClATES 1 TOTAL NUMBR OF CONVEYANCES SEIZED 1
DEPORTABLEIINADMISSABLE 0 NON-DEPORTABLE 1 ESTIMATED TOTAL VALUE 500.00
RECRUITING PROCEDURES-TRAVEL TO BORDER AREA-TO WHOM PAYMENT MADESTAGINGAREAS-MANNER OF ENTRY DROP HOUSES-HOW CHECKPOINTS AVOIDED-ROUTE TO POINT OF ARREST-CONTACTS AT DESTINATION
Form G-166F (Rev. 08/01/07)
Case 3:08-cr-00650-JM
r
Document 53-3
Filed 05/23/2008
Page 2 of 18
U.S. Departinert of Homeland Security
Alien's Namc
Continuation Page for Form
s
NAME -Rm
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Narrative: Report o f Inveetigation
--------,--I-----------------------
On Janu ry 13,2008, Border Patrol Agent Mario G= warn patroliag the International Border boundary betwaen tha United Statee and Mexico near Camp0,California. Campo l e approximately ten miles e a s t and one mile rrorth of the T e c a t e , California Port of Entry. Thie area i e commonly used for the muggling of illegal aliens into the Uhtced Scaees. A t approximately 5:00 ~ ~ , . ~ o t Patrol Agent Jreeia ciluarino advierd that he obeerved a group of people der loading into the backeeat and trunk of a grey vehicle traveling eaetbowd an Elighway 9 4 .
At approxaately 5:05 PM, agent Gomez w a r , traveling weetbound on Highway 94 when he obeerved (CONTINIJED ON NEXT PAGE)
...
Signarure
Title
03-04-2008
04:45pm 3:08-cr-00650-JM Case From- ICE
. P
Document 53-3
Filed 05/23/2008
Page 3 of 18
U.S. Department 01HomoIand Security
Alien's Name
Continuation Page for Fonn l'
a grey vehicle matching the given deecrdption traveling eaetbound on RWY 94. Ageat Gome5 o b e e m d a einqle drlver talking oa the phone, the vehicle appeared to be heavily laden. Agent G o m z made a U-turn and proceeded to investigate further. Agent m e z activated his 8mergency light8 and eirmn on h i 6 service vehicle in an atteragt to conduct a vehicle stop on the vehicle. The driver of the vehicle, later identified as I<-Y, Matthew WiLl Charlee inmediately pulled the vehicle over to the ehoulder of the road approxhntalyquarter of a mile norch of Oak Drive on Buckman Springe Road. Agent Gomea: approached the vehicle on the drlver1e side. Agent Gamrez obrrerved 4 individuale crouching on the floorboard of the vehlcle. Agent Gomez identified himaelf a5 a Border Patrol Agent and began to queetioa all the occupant8 a8 to their cttizenahip. The male driver admitted to baing a United Statse citizen and national. The reet of the passengers inside of the vehicle admLtted to bring citizens and nationals of Mexico Illegally preeent in the Vnited States. The driver advieed that there wae another paraon hidden in the trunk of the vehicla. The subject in the trunk also admitted to being a citizen and natlonal of Mexico illegally preeexaf in the Onitad Statee. Agent Gomea took the driver and the five dubjeote into cuatody and they were traaaeported EO the Tecate, California Proceeeing Cemeer. At the Proaeeaing Center a net of each of thr rubjecte fingerprints were entered inta the Depertneaf of Homeland Security Bionretriae Identification Syetem8. Recordr, checks revealed for KENNEDY. The record8 revealad the following: Poeeeeeion of controlled e~lbatande, eervicen. Search with verification record ohecke. KENNEDY wae booked
r n a l i a and theft of utility
formed to confinn the
,
IThe vehiole uaed in the fuitheranoe of the crime wae seiscd by the Border Patrol.
I ~ r ~ s for ~ USCt 1324~was de~lined, ~ 8 ~ i ~
-D 1Y
it d e o.
not w e t eatabllahed guidelinee
wae teleaesd from the El Cajon Station.
Signamre
L
.Title
MI
LOBA SEWIOR PATROL A m Q T
3 of
Pager
Form 1-831 C ~ m i n ~ i l r Page (Rev. 08/01/07) i~n
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 4 of 18
U.S. Department of Homeland Security
REPORT OF INVESTIGATION
Title
Alien
muggling r e XENNEDY,Maethew/ Promecution declined
Spedal Agent (Name) ROBERT PWITEL JR BORDER PATROL A6ENT
W&YNE A.
(Signature)
SDC/CAO
(Slgnarum)
Omci?
Bol6MER9 SUPERVISORY B o U D ~ RPATROL AGENT
SYNOPSIS ALIEN SMUGGLINO CASE
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Continued on atFached cona'nuadonpage ALIENS s YPCICO INTENDED DEST ~Iation.1 city, ~~~~~~~a NUMBER IN LOAD 5 NATIONALITY ... . CHARGE PER ALIEN A . C2,oOO .00-- DATEIFLACE OF ENTRY ol/27/2ooe T Teaate, California Cam~o, CA PLACE OF ARREST Buaw&rC_aga m d a t kha a DATE OF ARRESTall27L2000 ARRESTING OFFICER ROBERT-PLATEL J R VEHICLE(S) USED 199s POHTIAC 0 PRIX aRNNV-m: 182WJ12U7SB27554d LIC# CA/sTXR154
-
---
TOTAL NUMBER OF PRINCIPALSJASSOCIATES 1 TOTAL NUMBER OF CONVEYANCES SEIZED 1
DEPORTABLEllNADMlSSABLE 0 ESTIMATED TOTAL VALUE u .
NON-DEPORTABLE Z
0 0
RECRUITING PROCEDURESTRAVELTO BORDER AREATO WHOM PAYMENT MADE-STAGING AREAS-MANNER OF GNTRY DROP HOUSESHOW CHECKPOINTS AVOlDEDROllTE TO POINT OF ARREST-CONTACTS AT DESTINATION
Form 0-166F (Rev. 08/01107)
Case 3:08-cr-00650-JM
Document 53-3
.
,
Filed 05/23/2008
Page 5 of 18
US. Departtlront of Homeland Security
Continuation Page.for Form
6p
1 ALIAS
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I~arrative Report of Inveetlgatioa r
I
January 27, 2008, Border Patrol AganC Hike Flandere aad I were aaaignad to work in the Campo Border Patrol?# area o f operation. Oa thie day Agent Blandera and I were driving a marked Border Patrol vehicle and wearing the normal rough duty uaiforra. Highway 94 and Bucknaa Springe Road are con\monly ueed by both human and narcotic emugglers. Highway 94 is a major road that parallels much of tha international border in che Campa, E l Cajon, and Brown Field Border Patrol areae of operation. Buckan Springe Road ie one of a f e w north/south roads leading away from the border and Highway 94 in the Campo area.
On
ROBgRT PLATBL J R
I
BORDER PATROL A
m
Form 1-831 Coarinuatlon Page (Rev. 08101107)
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 6 of 18
US. Departmentof Homeland S@cudty
Alien's N m c
Continuation Page for Form
At approxbtely 1740 bra, a green Pontiac passed by Agent Blandere and me at the interseation of Highway 94 a a B u c h n Springe Road. The vehicle licaaee wae Ca. 5TXR154. td The vehicle went north on Buc)rman Springe ~oad. The rear of the vehicle appeared to be carrying a large amount of weight but there waa only one visible occupant inside. Due to the close proximity to tha border and the poaltion of the rear aunpeneid, Agent Rlandsre and I decidad to follow the vehicle. Agent Flanders attempted to rua the vahicle?~licenee plate through Border Patrol dispatch. At the time the diegatcher was only able to tell us that the vehicle was not reported stolen and wan uuable to give us any other information. The computer eyatem for registration checke was unavailable. Agent Flandere and I continued to follow the vehicle. The driver, later Lo be identified as KENNEDY, Matthew, wae swerving from one eide oP the lane to the other. I w e able to Bee XENNEDY looking in the rear view mirror watching ue a d not paying attention to the oncoming traffic. After eeeing XENNEDY almost hit eevezal vehiclee I informed diepatch that Agent Plandare and I were going to perform a vehicle atop on the vehicle. The vehicle yielded at the entrance to the Mountain m i r e nigh School.
I approached the driver eide o f the vehicle. I could eee several blanket8 thrown in the rear seat attempting to coaceal eomethLng and a piece of carpet and a jacket apparently concealing something in the front e a a t . KENNEDY had already turned the vehicle off, dropped the keys on aha floor board, and had hde hands rieen in the air. I Ldentified myself to KENNWY ae a Border Patrol Agent and aeked KENNEDY where he wan c d n g from. KENNEDY etatad mPotrero~ they told ma to pick theee people up in P ~ t r e r o .AB I looked closer I could eee a ~ pair of shoes under the carpet in the front neat. Due to prior experience8 with human s~ugglers,I had KENNEDY exit the vehicle ao that he could not eecape with the vehicle.
Ageat Flandere identified hhself and attempted to talk to the parsob eitting in the front seat. The pareon would not come out from under the aarpet. Agsnt Flandere than had to open the door and remove the carpet. The man then came out from hiding. Agent Flaadere questioned the anan as to hie citirenehip. The mar, stated that he l a from Mexico. Agent Plandera then asked tha oarr for immigration documents. The man told Agent Blandere that ha did not have any. At thie point I placed KENNEOY under arrest for alien smuggling and Agent Plandere arrested the frontpaeeenger for being in the United Statea without inepectioa. Agenc Blandere then searched the vehiala. Tvo men were found hiding bahind the front meats and two men were found hiding in the trunk. Whea questioned each of the four men also admitted to baing in the Uaited States illegally. Agent Plandero and I then traneported the vehicle and all eix eubjecte to the Campo Station for proceeeiag. Flandere questioned each of the five Illegal ipnnigranra. The nwa croaeed tha international border with a larger group though a train tunnel. They then walked north with an unknown guide for approximately 1/2 hour. They then waited until KENNEDY arrived with the a vehicle. They told u that: the first ti- that KENNEDY ahowed up he waa only able to take part of the group. Tbey had to wait eeveral more houre until Ig##gDY came back. When KENNEDY arrived for the eecond time, the foot guide told them how to get into the car and then returned baak south.
Agant
Agent Flanders read KENNEDY hie Miranda Rightd ueing the ieeued T-214 card. Thie wae done at 3810 h r e a d I was the witneae. KENNEDY etated that ha undaratood hie rights and that ha was willing to aaewer any queecions. Unable to talk to KENNEDY at that time, KENNEDY wae placed in a holding cell. At approximately 1945 h e , I retrieved RENNBDY from the cell and began co queetion him. KENNEDY now told me that he wiahed to epeak to a lawyer before anewsrihg any of my questione. All queationing regarding the case was ceaeed.
...(C0mINUE.D ON NEXT
1
PAGE)
ROBERT PLliTEG JIL
B O R D E ~PAT~OI.&OU~Z ~
Form 1-83 1 ContinuntionP u p (Rcv. 08/01107)
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 7 of 18
U.S. Dcpnmncnt of Homeland Socarity
Continuation Page for Form
G1669
waa ehargad m a booked for ad prosecution gutdelinee all charges Y requestad and vehicle w i t h m prooeeeed for poaeible aaiture and
8 WSC 1324b (alien emuggling; driver) but ,due to current waro dropped. KENNEDY wae teleaeed. The fiva men in the were granted voluntary returns to Mexico. The vehicle was
towed by herican Towing.
Vehicle info: 1995 Poaatiac Grand Prix CA 5TXR154 v.1.n. lG2W~2M79F375544
R/O info Aguilar Auto Gale8 2264 Palm Avcr A s.n Dlega, Ca.
Signature
ROBERT PLATBL JR
Title
BORbeR PATROD M m
4 of
hgcs
Fon 1-831 Continuarion Page (Rev.08/01/07)
03-04-2008
04:46pw 3:08-cr-00650-JM Case From- ICE ZA.
Document 53-3
Filed 05/23/2008
Page 8 of 18
U.S. Deparbnent of Homeland Security
REPORT OF INVESTlGATlON
Title
Zullaer'e Load D r i v e r
I
File Number
1 Date
I
I
Special Agent:
(Name)
(signature)
1 Office
SDC/ECG
I
JOSE J. VASQWEZ SEWIOR PATROS AGENT
(slgnatum)
Office
SDC/EC~
WrLLIAX RmCLIFF 6tYPBRVXSOtcY BORDER PATROL AQENT
SYNOPSIS ALIEN SMUGGLING CASE
Continued on attached continuation page
ALIENS
NUMBER IN LOAD 0 NATIONALITY INTENDED DEST X!e .Dieg?oPlif-ia CHARGE PER ALIEN DATUPLACE OF ENTRY PLACE OFARREST Old 80 m i l o .rat of l a R p _ ~ ~Raaa. in CIIXECIO, C~lifatnia. a DATE OF ARREST 02/07/200a OeOo ARRESTING OFFICER aoae a. V M Q m Z VEHICLE(S) USED a989 Laom QRX v X ~ : JMYU266ICCOO5891 LIC# CA/2yoX6SS
-
TOTAL NUMBER OF PRlNClPALSIASSOClATES 1 TOTAL NUMBER OF CONVEYANCES SEIZED 1
DEPOPTABLEflNADMISSABLE 0 NON-DEPORTABLE 1 ESTIMATED TOTAL VALUE s 4 . 5 0 0 . a0
RECRUITING PROCEDURES-TRAVEL TO BORDER AREA-TO WHOM PAYMENT MADESTAGINGAREASMANNER OF ENTRY DROP HOUSES-HOW CHECKPOINTS AVOIDED-ROUTE TO POINT OF ARREST-CONTACTS AT DESTINATION
Form G166F (Rev. 08/01/07)
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 9 of 18
U.S. Department of Hamcland Security
Cdntinuotion Page for Form
--
I
-
-
-
Alien's Name
I Pile Number
I
I~arrative: Report of Izaveetigation
..................................
I
On February 05, 2008, at approximatsly 7 : 3 0 a m , Border Patrol Agente from the El Cajon .. Station Tactical Intelligence Unit (TACINTEL) were conducting anti-smuggling operations, in Tecate, callfornia. This area is corrrmortly ueed by alien emugglers to further the egreae of undocumented imanigtiants ibto the countzy ahd avoid apprcrhension by Border Patrol Agente. At approxinrately 7 8 3 0 am, Senior Border Patrol Ageat Diaz noticed a grey Acura driving weetbouad on Stace route 94. Approximrtely five minutee later Agent Diaz obeerved the same vehicle, a grey Acura driving very elow eastbound on State Route 94 in a area where ie commonly used to pick up illagal aliene to further them north iato the United Statee. Agent Diar and Senior Border Patrol A g m t Vaequez etratagically c a m behind the grey Acura and ran the vehicle8 plates (2MOX655, VIN# JHIK3266KC005891). The vehicle aame back to the releaae of liability to Aguilar Auto Salea. The driver proceeded northbouad to Buc)cmahe Road. When t h e driver arrived to tha intersection of State Rote Old 00 and Bualarmne Road the driver turned left onto State Route Old 80 going East Bound. TACINTEL Agents summoned Supcrtvieory Border Patrol Agent Roberto Caetillo driving a marked Border Patrol vehicle to coaduct an immlgraeion vehicle atop on the target vehicle approximately two milae east of La Posca RD. eaetbouaad State Route Old 80. Agents Diaz, Vaequez aad Caetillo approached the vehicle and identified themeelvee as Border Patrol Agents and conducted an Lmnigratiou interview on eha driver. The driver later identified aa Matthew Will Charlee ICENNXDY stated be was a citizan and national of tha United Statee. Ageate conductad a field intarview and KENNEDY stated that che vehicle wae not hie. freely admitted that he wae knowingly going to pick up illegal alieae on State Route 94 eaet of Cameron Corners. KKNNEDY ale0 stated he was going to be paid $200 per parson he enruggled succeeefully into San Diego, California. KlDWRDY wae arrested for coaepiracy to harbor and traneport illegal into the Wnlted States and transported to the El Cajon Station for proceeaing. At the El Cajon Border Patrol Statlotr, ICBIII#EDY wae entered into tho DHS ~y0teh. KENNEDY c a w back posiciva wlth 'A# and FBI# K~annedy 6 immigration record ' revaalad prior arreet for alien smuggling.
.
PRINCIPLE DR-R
STATEMENT t
-Matthew Will Charlee XENNEDY
Matthew Will Charlee XENNEDY wae.read hie Miranda righte in the m g l i s h language by Ageat Vaequex as per Service imeued 1-214 rAghts card on February 7, 2008 at 9:OO a.m. KENNEDY stated that he underetood hie righte, wae willing to wave hie righta and apeak with Agent Vaequez without the preaenca of a lawyer. Senior Patrol Agent DIAZ witneeeed thie.event.
name of Jack. Jack offered to pay him if he would muuggle aliene from Tecate, Californta to San Diego, California. KENNEDY ' stated that Jack gave him the vehicle ha was going to uee and inetmcted him that he wae going to pick up individuals in Tecate, Californian. KENNEDY etated he was golng to be paid $200 per aliea he m g g l e d into san Diego, California. KENNEDY stated that he did not pick up the aliene because there were too many marked Border Patrol Vehlclacr in the araa and he became afraid.
XEWEDY stated that he wae contacred by a friend by the
/
ILEblbTEDY wae releaeed from Service custody ae he doee not meet current AUSA proeecution guideline8 for 8 USC 1324.
The 1989 Acura Legand, CA 3tUOX655, VIW JH4K3266KC005091wae eaieed as per Asset forfeiture Guidelinea. (CONTINUED ON NEXT PAGE)
...
Signature
Title
I
msr
J, v~squa
I
B m Z O R PATROL I l rm c
I
F m 1-831 Continuadon Page (Rev.08/01107)
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 10 of 18
U.S- Deparanont of Homeland Security
Alien's Name
Continuation Page for Form
6P
Amarican T d n g CO towed the vehicle from the Tecate, processing Center.
ARReGTINQ AGENTS JORGE DTAZ
ROBERT WDREAU
----------------
Signature
JOSE J. VASQUXZ
Title
S-OR
PATPOL )LO-
Fonn F 1 CondnrtadonPagc (Rev. 08/01/07) a
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 11 of 18
U.S. Department of Homeland Security
REPORT OF INVESTIGATION
Title
VSC Driver Highway 94 U i e n Load
Special Agent:
'
(Name)
1 JORGE
DZAZ
I
(Signerurn)
SISNXOR PATROL AQENT
Approved by: (Name and 7itIeJ STEVEN F. PITPS I SUPERVISORY BORDER PATROL AGENT
I
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Office
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SYNOPSIS ALIEN SMUGGLING CASE
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O Continued on attached continuafin page
AUENS
NUMBER IN LOAD,,
6
CHARGE PER ALIEN
NATIONAUM JW?. 6~ 000 .IN DATOPIACE OF ENTRY
C
YL*lce
02/14/200a
INTENDED DEST Lorn w e l e e , CaliCoraio 'Zullnorlma C q o , CA LIC# ~ A / ~ P Z P ~ O ~
PLACE OF ARREST Klahvav 9 4 9 mile w a r t of lightmy 188 Tocare. U DATE OF ARREST 02/ΒΆ4/200B 0700 ARRESTING OFFICER JOSE J. VMQ\/EHICLE(S) USED 1 9 9 6 POW TAVRVS aRar VXMZT: d1_F+LP52U5TN81249
-
TOTAL NUMBER OF PRlNClPALSlASSOClATES 1 TOTAL NUMBER OF CONVEYANCES SEIZED 1
DEPORTABLEIINADMISSABLE 0 ESTIMATED TOTAL VALUE -00
NON-DEPORTABLE I .
RECRUITING PROCEDURESTRAVEL TO BORDER AREA-TO WHOM PAYMENT MADE-STAGING AREAS-MANNER OF ENTRV DROP HOUSES-HOW CHECKPOINTS AVOIDED-ROUTE TO POINT OF ARREST-CONTACTS AT DESTINATION
Form G-166F (Rev. 08/01107)
Case 3:08-cr-00650-JM
Document 53-3
US. Dtpartnamt of Homeland Security
- -
Alien's Namc
File Number
Event No :
RACE
Filed 05/23/2008
Page 12 of 18
Continuation Page for Form
-
Date
02/14/2008
-.
NAME -el
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ROMAN-BRAVO
CUAD*WIIIUALI8cO, MID/POB MDlW
ALIAS ADDRESS (US)
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Signature
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Title
s m o x PATROL
ram
Fonn 1-83 1 Continuadon R g e (Rev. 08/01/07)
03-04-2008
Case From- ICE 04:46pm 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 13 of 18
US. D e p r r t m ~ of Homeland Soeurity r
Continuation Page for Form G166F
Karrative: Report of Invaetigatioa I_-_-______________ ---------------On 14, 2008, at approxlhately 6:00 A.M.,
February Senior Border Patrol Agents Jorga Diaz and Zoee Vaequea from the El Cajon Station Tactical Intelligenca Unit (TACXNTEL) were conducting anti-emugglhg operations, in Zana 28, near Campo, California. ~hla area i s camonly used by alien emgglers co further the egress of uadocvmentad i d g r a n t s lnto the country and avoid apprehanaion by Border Patrol Ageate.
At approximately 6:50 a.m., Senior Patrol Agent Diaz obeerved a green Ford eedan (CA# 3PZF108, R/O: Colten Connie Q, 10507 Flora Azalea, Santee, Ch 92071) go paat hie poeition on the weetbound lane of alghway 94. Agent Diaz and Agent Vaequez etarted to follow the vehicle as it ooatinue weetbound on Highway 94. Agent Diaz and Agent Vaequen obaarved that the vehiclo appeared to ba heavy even though only the driver waa visible inelde the vehicle. Agent Diaa, baliaving that the vehicle might have bean involved in alien smuggling a actlvltiee aonducted a vehicle stop on Bighway 94 approximately half of a mile west from Highway 188. The green Ford yielded to the shoulder of the road and Agente Diaa and Vasquea approached tha vehicle and diecovered four aubjecta attmpting to conceal themaelvee in the back aeate. Agente Diaa and Vaequee Identlfled theuuselvee ae United statell Border Patrol Ageate and queetianed each subject individually in relation to their citizenship and nationellty. Tha driver, recognized by Agenta P i a n and Vasquez as KENNEDY, Matthew Will Charlee, a abject that the Agente apprehended on Bebruazy 07, 2008 and documented ae an alien m g g l e r , etated that he wae a citizen of the Unitad Seatee. tipon furthar All investigation, two more eubjecta were found concaaled iaeide the trunk of the vehicle. six eubjectg found concealed within the vehicle, etated that they were citizens and nationale of Mexico, praeent in the United Statee without any docwaente that would allour tham to enter or remain legally. All eeven eubjacta including K-DY ware placed under arrest and transported to tha Teaate. California Proceasing Canter f o r further interviews and procaesipg.
At the Teaate, California Proceeelng Canter ell eubjecte were entered into DES proceeeing a eyetemo. m Dx6 proacreaing oystama and further reaord checka revaalad the Following identification h\mrbere;
1
~ l six muggled aliexre were interrriewed by Agente Diar aad Vaequez. The eubjecte dtated 1 that a relarive I the Unlted Statee ntade smuggling arrrmgcrmclnte w i t h a Tijuana baaed n
smuggling organiaation to be croeaed Inca the United Statee Por $1000. The eubjacte etated that they wera plak-up by an unknown mtrggler in Tijuana, B a j a Califorhia and taken to uglr drove them Tecate, Maxioo by bus. In Tecate, Wexiuo, the eubjacte stated that the 6 w g . east of the Tecate, California Port of Entry, whare he dropped them off near tho U.S./nexico border. The subject6 etared t h a t on February 14, 2008 at approxlmately 5:30 a.m. they croesed illegally into the Unitad States by jumping over the Internrtional Border Fence. They aleo (COH'TIWUED OW NEXT PAGE) etated
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Form 1-81 Conrinuidlion !'age (Rev. OXlO1107)
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 14 of 18
U.S. Department of Homolwnd Security
Continuation Page for Form
6F
Alia's N m e 02/14/2008
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that they walked to a pre-determined location for approximately one hour. The subjects etated that approximately 20 minutes thereafter a vehicle arrived and chat thay were loadad into it. The eubjecte etated that they drove for approximately 15 minutea before they were arreuted by che Border Patrol.
( PRIWCIPLB DRIVER STATEMENT:
Matthew Will Charlea KENNEDY
Matthew Will Charlee KENNEDY wan read hie Mixanda rights la the English language by Agent x Vaaquez a0 per Servkce ieeued 1-214 rights card on February 14, 2008 at 9:00 a.m. JCENWEDY stated that he underatoad his rights, was willing to wave hie rights and epeak with Agent Vaequea without the presence of a lawyer. Senior Patrol Agent Diaz witnaaaed thie event. In an interview conductad by Agent8 Diaa and Vasques, KENNEDY etated that he haa been emnrggling for several anoathe. K E m D Y etated that he has been succeeelull for more than twenty times in the past. Re also freely admitted to sucoeeefully emuggli~gtwice ysnterday Fabruary 13, 2008.
ICENMSDY atatsd today he was going to be paid $100, per every alien ha aucaeeefully transported to San Diego, California. KENNEDY atated that he ia alvaye soatacted by an
unknown male m g g l e r who calls him and informe him of the looation and time of the pick-up. KENNEDY etated that ha doea not know wbo thie person 18, but identified Robert John XZLLER ( ( 1 an tha pareon who recruited him. ACCLLER is a documanted emuggler working o m C a j o n area ol: reepon6ibillty. XPWWEDY ecated that MILLER h. paid hlr in the a past and ham nroved froan the role of alien driver to organizar because he i a afraid of getting apprehended. XE-Y alao etated that recently, a lady by the name of Cathy paye and provides him with emuggling vehiclee. KENNEDY etated that the exchange of money takes place in varioue locations in San Diego, California. The e i x illegal alien8 wara found ia poeeeeeion of articlee of clothing, baga, molaey and cell phones. The illegal aliens etaked that they brought those iterne with them when thay croesed illegally into the United States. Those items were not declared aad presented for inegectioa, and they were found inside the green Ford Taurus a#3PZF108 at the t i m e o f eeizure. Thoee i t w were returned to che illegal aliens upon determination of the caea.
All s i x eubjaate requeeted and were granted a voluntary return to Mexico per signed 1-826 a0
none of thean had criminal hiatorlea that would meet: AWSA,proeeoution guidelines for a mandatory deeantion. criminal p r o s e o u t i ~ under 8 VSC 1324 for Matthew Will Charlea KENNEDY wae dealinsd am the caae did not meet current Sam Diego Seceor proeecution guidelinaa. KENNEDY wan booked into the IDENT eyetan, and released from Agenbzcuetody. The vehiale, a green 1996 Ford Taurue VCN# 1FALP52USTA181249: CA 38ZP108 contained -declared articlee and baggage brought into the U.S. by the aliena and wae eeired pursuant to 19 USC lS95a (a).
The vahi~lr, a grmea 1996 Ford Taurun VXN# 18ALP52USTA181249: CA 3PZBlOEi waa negative for 29 and ehowed no aroeainga within the laet 72 hours.
AaasSTINQ AGBb)TS (CONTINUED ON NEXT PAGE)
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Form E 3 Continuation Page (Rev. 08/01/07) 81
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 15 of 18
U.S. Depamne~t Homehnd Securlty of
Continuation Pap for Form
JORQB DIAZ
-Signature
3OPab LXAX
Title
SENIOR PATROL AGKWf
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008 U S E
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Page 16 of 18
REQUESTED BY:
BUSH, C ISTOPHER . O F F I C I A L
ICE
O N L Y
TECS ACCESS CODE 4
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DEPARTMENT OF HOMELAND SECURITY R E P O R T O F I N V E S T I G A T I O N
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r
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PAGE
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1
casa m e m
1REPORT NO.
" pI 1 I*
TITLE: RUBALCAVA AS0
CASE STATUS:
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INTERIM RPT
REPORT DATE
022808
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DATE ASSIGNED
012808
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PROGRAM CODE YNO
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RELATED CASE NUMBERS:
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TYPE OF REPORT: TNYESIIGATIVE FINDINGS
1
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TOPIC: DEBRIEF OF AS0 LOAD CAR DRIVER MATTHEW KENNEDY ON 2/14/2008
SYNOPSIS : DSAC/SY Human Trafficking Agents received information from San Diego Sector Special Operations Group (SOG) Border Patrol Agents who had received detailed information regarding the activicies of an alien smuggling organization (ASO) operating in the eastern portion of San Diego County in San Diego, California. According to source information, the AS0 is referred to as wRubalcavaw by its members.
I
The El Cajon Border Patrol Station Intelligence Unit and the Campo Border Patrol Station Intelligenae Unit developed information from a Source of Information ( S O X ) . The SO1 possessed significant information regarding the ASO. activities of the *Ru.balcavaw
DISTRIBUTION:
SIGNATURE : BUSH
APPROVED :
MULVEY
CHRISTOPHE
JOHN
BORDER PATROL
P
01 GRP SUPERVISOR
ORIGIN OFFICE: SY SAN YSIDRO, CA - ASA
TELEPHONE: 619 258 4500
.TYPIST: BUSH O F F I C I A L U S E O N L Y CHIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY
IF THE DEPARTMENT OF ROMELAND
SECTTRITY, I C E . ANY FURTHER REQUEST FOR
IISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED t ICE HEADQUARTERS TOGETHER WITH A COPY OF THE DOCUMENT. ' 0
Case 3:08-cr-00650-JM
Document 53-3
Filed 05/23/2008
Page 17 of 18
R E P O R T
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O F I N . V E S T 1 G A T I O N C O N T T N U A T I O N
REPORT OF INVESTIGATION Custodial Interview OF load car driver Matthew Kennedy on 2/14/2008
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On February 14, 2008, Senior Special Agent Thomas Mendias and Senior Patrol Agent Christopher Bush responded co the El Cajon Border Patrol Station subsequent to the arrest of Matthew Will Charles Kennedy for alien smuggling by Border Patrol Agents a~signedto the El Cajon Border Patrol Station. This arrest is documented in Enforce Event Number Kennedy was arrested with six undocumented Mexican nationals in a 1996 Ford Taurus bearing CA-3PZF108 on State Route 94 west of Highway 188 in Tecate, California. Supervisory Border Patrol Agent Sceven Pitts notified S/A Mendias and SPA Bush of this arrest at approximately 4:00 P.M. on 2/14/2008. SBPA Pitts informed S/A Mendias and SPA Bush that Kennedy was arrested at 6:00 A.M. on this same date and that all of the undocumented Mexican nationals had subsequently been granted voluntary returns to Mexico prior to his notification.
S/A Mendias and SPA Bush arrived at the El Cajon Border Patrol Station at approximately 5:00 P.M. on 2/14/2008 to conduct the custodial debrief of Kennedy. The following is a synopsis of that intewiew;
,
Kennedy stated that he has worked as an alien smuggler for approximately four months. Kennedy stated that he has recruited other drivers into the organization and now makes a share of their profits for loads that are successfully smuggled. Kennedy stated that he was introduced into the business by an acquaintance named John Robert Miller. ~iller'and Kennedy maintained a friendship based on the mutual use of methamphetamine until 3ctober 2007 when Miller introducad him to smuggling. Miller told Kennedy that he made a lot of money moving people for a man named "The BossI1. Kennedy was introduced to a wmn identified to him only as "CathyI1. Cathy was oa described by Kennedy to be an ex-prostitute, blonde hair with streaks of black, approximately 120 pounds, ! j 1 4 " , and a frequent user of methamphetamine. Kennedy stated that Cathy ie responsible for contacting drivers and arranging for the vehiclee used in the smuggling process. Kennedy stated that Cathy is the person who calls him when there is a smuggling load to be moved and that Zathy meets him at a predetermined location with the vehicle to be used. Kennedy stared that he has never r e "The Bossll but describes him as having a nt thick Hispanic accent when he speaks with him via cellular telephone. Kennedy stated that on 2/14/2008, Cathy met him at the McDonaldls restaurant Dn University Avenue just west of Park Boulevard in the Hillcrest community ~f San Diego, California. Kennedy stated chat he had successfully driven a load of illegal aliens earlier in the day and was on his second run when he Nas caught by the Border Patrol. Kennedy estimated that he has successfully lelivered over thirty smuggling loads. O F F ' C C I A L U S E O N L Y lXIS DOCUMENT IS LOANED TO YOU F011 OFFICIAL USE ONLY AND REMAINS THE PROPERTY 3F THE DEPARTMENT OF HOMELAND SECIJRITY, ICE. ANY FURTHER REQUEST FOR DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED
r0 ICE HEADQUARTERS TOGETHER WITH A COPY OF THE DOCUMENT.
Case 3:08-cr-00650-JM
Document 53-3
d F I C I A L
Filed 05/23/2008 Page 18 of 18 U S E O N Y
R E P O R T O F I N V E S T I G A T I O N C O N T I N U A T I O N
Kennedy stated that the smuggling loads are dropped off at the llBurrito Kingn on Federal Boulevard in San Diego, California immediately after they are picked up ip eastern San Diego County. At the Burrito King another driver meets him, pays him, and then leaves with the aliens. Kennedy stated that he has no idea where the aliens go from there but he has heard that the AS0 uses at least two different drop houses but he has never been there. Kennedy stated that he doesn't know the identity of the people he leaves the aliens with but that he has been met by a driver in a blue minivan and a driver in a tan Mazda minivan on several occasions. Kennedy described the driver aa a heavyset Hispanic male. When it is too dangerous to make the switch at the Burrito King he drops off at Cox Cable in the same vicinity of Burrito King and at the Charter School.
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Kennedy stated that the AS0 utilizes pickup locations in and around Campo, California from the ~ountainEmpire Campground on State Route 94 eastbound to Cameron Comers on SR-94 and Buckman Springs Road. The AS0 looks for areas slong SR-94 that have embankments on both sides of the road. Kennedy stated that the AS0 drivers do not pull over onto the shoulder of the road when picking up but rather just stop in the middle of the road to load so as to not stir up a dust cloud. Kennedy stated that "The Bossw coordinates with the 5irivers and directs them where to stop via cellular telephone. Kennedy believes that "The BossN maintains observation on the pickup spot and directs the drivers in when there are no enforcement elements in the area. Once the aliens are picked up, "The Bossl1 directs the driver on which route to take based upon the Border Patrol checlcpoint status obtained Prom conspirators that are scouting the checkpoints. Kennedy stated that the AS0 prefers to pickup in the early morning hours from 6:00 A.M. co 9:00 A.M. so that the loads can 3lend in with morning rush hour. Drivers are instructed to comply with Agents if interdicted at the checkpoint and to not cause problems with them or fail to yield it Agents direct the vehicle into the secondary inspection area.
rhis investigation continues.
O F F X C I A L
U S E
O N L Y
LHS DOCUMENT IS LOANED TO YOU FOK OFFICIAL USE ONLY AND REMAINS THE PROPERTY ' I IF THE DEPARTMENT OF HOMELAND SECITRITY, I C E . ANY FURTHER REQUEST FOR
IISCLOSURE OF THIS DOCUMENT OR INPORMATION CONTAINED HEREIN SHOULD BE REFERRED F ICE HEADQUARTERS TOGETHER WITH A COPY OF THE DOCUMENT. 0
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