AO 91 (Rev. 11/11 Criminal Complaint UNITED STATES DISTRICT COURT for the Western District of of Missouri United States of America v. Patrick R. Brigaudin [DOB: 12-12-1961], Adrian Ortiz-Corrales [DOB: 02-16-1975], Timothy G. Hall [DOB: 05-31-1961], and Eduardo Diaz [DOB: 04-21-1964]. Defendant(s Case No. 16-mj-2011-DPR-01/03 CRIMINAL COMPLAINT I, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about the date(s of March 3, 2015, to Feb. 29, 2016, in the county of Greene in the Western District of Missouri, the defendant(s violated: Code Section 21 U.S.C. 846 & 841(a(1 & (b(1(a Offense Description Conspiracy to distribute 1 kilogram or more of a mixture or substance containing a detectable amount of heroin, and to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. This criminal complaint is based on these facts: From on or about Mar. 3, 2015, and continuing to on or about Feb. 29, 2016, in Greene County, in the Western District of Missouri, and elsewhere, the defendants knowingly and intentionally conspired and agreed with each other to distribute 1 kilogram or more of a mixture or substance containing heroin, and to distribute 500 grams or more of a mixture or substance containing methamphetamine, as described more fully in the attached affidavit. Continued on the attached sheet. /s/ Bryan L. Welch Complainant s signature Bryan L. Welch, Task Force Officer, U.S. DEA Printed name and title Sworn to before me and signed in my presence. Date: 03/01/2016 /s/ David P. Rush Judge s signature City and state: Springfield, Missouri David P. Rush, U.S. Magistrate Judge Printed name and title Case 6:16-mj-02011-DPR Document 1 Filed 03/01/16 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION AFFIDAVIT I, Bryan L. Welch, a Task Force Officer with the United States Department of Justice, Drug Enforcement Administration (DEA, being duly sworn, declare and state the following: Introduction 1. I am a police officer employed by the Springfield Police Department. I am currently assigned, as a Task Force Officer, to the DEA Springfield, Missouri, Resident Office (SRO. As such, I am an investigative and law enforcement officer of the United States, authorized to conduct investigations of, and to make arrests and seizures for, offenses enumerated in the Controlled Substances Act, Title 21, United States Code. 2. I make this affidavit in support of a criminal complaint charging Patrick R. Brigaudin, Adrian Ortiz-Corrales, Timothy G. Hall, and Eduardo Diaz with a violation of 21 U.S.C. 841(a(1 and (b(1(a and 846, that is, conspiracy to distribute 1 kilogram or more of a mixture or substance containing a detectable amount of heroin, and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. 3. The information set forth in this affidavit is based on my own observations and experiences, or has been provided to me directly or indirectly by DEA Special Agents (SAs and Task Force Officers (TFOs, or other federal, state, and local law enforcement officers. Unless otherwise noted, wherever in this affidavit I assert that a statement was made, the information was provided by another law enforcement officer or investigator (who may have had either direct or hearsay knowledge of the statement to whom I have spoken or whose report I have reviewed. Such statements are among many statements made by others and are Case 6:16-mj-02011-DPR Document 1-1 Filed 03/01/16 Page 1 of 6
stated in substance, unless otherwise indicated. Similarly, except where indicated, information resulting from surveillance does not set forth my personal observations, but rather has been provided directly or indirectly by other law enforcement officers who conducted such surveillance. 4. This affidavit is submitted to summarize evidence supporting a finding of probable cause that the persons named in this complaint have committed the offense of conspiracy to distribute heroin and methamphetamine. It is not intended to provide a summation of all evidence obtained by this investigation. Details of the Investigation 5. On March 3, 2015 at approximately 5:30 p.m., Texas State Trooper Ben Dollar stopped an eastbound Ford Expedition displaying Arizona license plates for a traffic violation on Interstate 40 in Carson County, Texas. The driver and sole occupant, Yosjan Brizuelas-Mieres, gave consent to search the Ford. Trooper Dollar conducted a search of the vehicle, which resulted in the seizure of approximately 15 pounds of methamphetamine concealed in the door panels. Brizuelas-Mieres stated that approximately nine pounds of the methamphetamine was being delivered to Southwest Missouri, and the remaining amount was going to Iowa. Brizuelas-Mieres agreed to assist in making a controlled delivery of the methamphetamine. Agents eventually traveled to Springfield, Missouri, with Brizuelas- Mieres and the methamphetamine, arriving on March 4, 2015. 6. On that day, members of the DEA, along with members of several other federal, state, and local law enforcement agencies, attempted to conduct a controlled delivery at the Dogwood Park Inn, 815 N. Glenstone Avenue, Springfield, Missouri. At approximately 4:30 p.m., members of DEA, Missouri State Highway Patrol (MSHP, and 2 Case 6:16-mj-02011-DPR Document 1-1 Filed 03/01/16 Page 2 of 6
Homeland Security Investigations (HSI established surveillance at the motel. DEA TFO Jay Hamilton observed a Nissan Versa bearing California license plates parked in front of room 244. At approximately 5:00 p.m., the Expedition arrived at the motel parking lot. Upon arrival, Brizuelas-Mieres met with Enrique Fortiz-Huerta and engaged in conversation. Brizuelas-Mieres showed Fortiz-Huerta where the packages of methamphetamine were located. Fortiz-Huerta got into the Expedition and began to drive away from the location. Agents subsequently arrested Brizuelas-Mieres, Fortiz-Huerta, and Juan Garcia, who were removed from the scene and transported to the MSHP Troop D Headquarters for follow-up investigation. 7. Fortiz-Huerta stated that he and Garcia were supposed to deliver the methamphetamine to a male in the Springfield area. Fortiz-Huerta gave directions to the residence where he was to deliver the methamphetamine, and officers drove with him to identify the delivery residence. The directions led to 1720 E. McDaniel Street, Springfield, Missouri; a check of utility records and previous surveillance have shown that this is the residence of Patrick Brigaudin. When officers drove by the location, Brigaudin s Ford F-150 was parked in the driveway. Fortiz-Huerta was shown a picture of Patrick Brigaudin; Fortiz- Huerta said he did not know Brigaudin s name, but recognized him as the person to whom he was supposed to deliver the methamphetamine. Fortiz-Huerta stated that this was his second trip to Springfield, and that he had delivered methamphetamine to Brigaudin during the previous trip. 8. At approximately 6:37 p.m., after the arrest of Fortiz-Huerta, Brizuelas- Mieres, and Garcia, DEA Special Agent Mark Hooten observed Brigaudin driving his Ford F-150 through the parking lot of the Dogwood Park Inn. Brigaudin drove around the parking 3 Case 6:16-mj-02011-DPR Document 1-1 Filed 03/01/16 Page 3 of 6
lot and then left without stopping or meeting anyone. After Brigaudin left the parking lot of the hotel, he returned to his residence, arriving at approximately 6:41 p.m. 9. In my training and experience, it is common for large scale drug traffickers to be in frequent contact with their sources of supply, as well as with lower level subdistributors, immediately before and after receipt of a quantity of drugs. This is typically done to coordinate the delivery with the source of supply, as well as to inform subdistributors when drugs have been received and are available for them to pick up. On March 3, 2015, the day before the controlled delivery to the Dogwood Park Inn, at approximately 5:00 p.m., surveillance had been established on Brigaudin s residence. At approximately 5:20 p.m., Brigaudin exited his residence, got into his Ford F-150, and drove to the residence of Timothy Hall at 1218 E. Locust, Springfield, Missouri. At approximately 5:50 p.m., Brigaudin left the Locust address and drove back to his residence. Toll records for Brigaudin s telephone were reviewed and showed the Target Telephone contacted Hall s Telephone at 4:04 p.m. and again at 5:30 p.m. on March 3, 2015. 10. On or about April 29, 2015, April 2015, SPD served a State of Missouri search warrant at Hall s residence. Officers found approximately a quarter pound of methamphetamine inside the southwest bedroom of the residence. I interviewed occupants of the residence and determined that the bedroom belonged to Hall and Miranda Russell. Hall did not give any information about the methamphetamine found inside the room, but Russell admitted that a small amount of methamphetamine in her purse belonged to her and that the rest belonged to Hall. Russell would not tell me where Hall was purchasing his methamphetamine, but a review of a pen register on Brigaudin s phone revealed numerous phone contacts between Hall s telephone and Brigaudin s telephone. 4 Case 6:16-mj-02011-DPR Document 1-1 Filed 03/01/16 Page 4 of 6
11. On February 24, 2016, I was granted a federal search and seizure warrant for Brigaudin s residence, the outbuildings on his property, any vehicles present, and any persons who arrived during the execution of the warrant. On February 29, 2016, members of the DEA were conducting surveillance at Brigaudin s residence. At approximately 12:10 p.m., a grey 1994 Dodge truck with a license plate of 272AYX pulled into the driveway. The license plate checked to Eduardo Diaz in Las Vegas, Nevada. Brigaudin had the garage door open and the truck pulled into the garage. The garage door was then closed. Members of the DEA, SPD, HSI, and IRS then served the search warrant at the residence. 12. During the entry of the garage, two individuals identified by their Nevada driver s licenses as Eduardo Diaz and Adrian Ortiz-Corrales were in the process of accessing a hidden compartment underneath the bed of the truck. Diaz was wearing coveralls and Ortiz-Corrales was wearing rubber gloves. They both had tools out in order to access the compartment. Brigaudin was located as he exited the back door of the residence. Brigaudin, Ortiz-Corrales, and Diaz were placed under arrest. 13. The Dodge truck was seized and removed to the MSHP Troop D headquarters to conduct a more thorough search. Law enforcement officers accessed the compartment under the bed of the truck which revealed approximately 12 pounds of a mixture or substance which field-tested positive for methamphetamine. Also found inside the compartment was approximately 6½ pounds of a mixture or substance which field-tested positive for heroin. 14. While agents and officers were on scene at Brigaudin s residence, Timothy Hall arrived at the location driving a motorcycle. Hall was also placed under arrest. All four men were eventually transported to the Greene County Jail. 5 Case 6:16-mj-02011-DPR Document 1-1 Filed 03/01/16 Page 5 of 6
Conclusion 15. Based upon the above information contained in this affidavit, I believe there is probable cause to charge that a crime of conspiracy to distribute 1 kilogram or more of a mixture or substance containing a detectable amount of heroin and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, has occurred, and further that the defendants charged in the criminal complaint committed that offense. Further Affiant Sayeth Not. /s/ Bryan L. Welch Task Force Officer Bryan L. Welch Drug Enforcement Administration Subscribed and sworn to before me this 1 st day of March, 2016. /s/ David P. Rush David P. Rush United States Magistrate Judge 6 Case 6:16-mj-02011-DPR Document 1-1 Filed 03/01/16 Page 6 of 6