Free Redacted Document - District Court of Delaware - Delaware

Case 1:07-mj—OOO41-MPT Document 10 Fi|ed·O3/15/2007 Page 1 of 4
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,6, 9, (REW ,2/q3Q.a;,e,,1éQZ6t;gj§Q,Q%1-MPT Document 10 Filed 03/15/2007 Page 2 gG0vERNMENT Q
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` United States District Court - § ·Z—
DISTRICT OF DELAWARE ·
UNITED STATES OF AMERICA, _
v. . `
Criminal Complaint 07- LH M, M :9-1*
GILBERTO ZARCO, Y;} @~,% p
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(Name and Address of Defendm%3\&t£E3[3jU.,,l:lQ£,l ;_,_,j
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 March 2, 2005, in New Castle County, in the District of Delaware, defendant(s),
(Track Statutory Language of Offense):
did knowingly distribute a Schedule H controlled substance, to wit, cocaine, U
all in violation of Title 21 United States Code, Section(s) 84lga)g 1 [ and { lg); 1 [QC) .
I further state that I am a(n) Special Agent, Drug Enforcement Administration and that this complaint is based
Official Title
on the following facts: I
SEE ATTACHED AFFIDAVIT
Continued on the attached sheet and made a part hereof: YES
.;» . C
Signature of Compla` t
David B. Hughes
g Special Agent
Drug Enforcement Administration -
Sworn to before me and subscribed in my presence, n p I
Z é Q g g, digi at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge e _ /
U11it€d States M3gL·StT&t€ Judge _
Name & Title of Judicial Oflicer ture of Judici 9 er

1 Case 1 :07-mj-00041 -M PT Document 10 Filed 03/ 1 5/2007 Page 3 of 4
` I l ‘ I AFFIDAVIT
I DAVID B. HUGHES, being duly sworn,_states as follows:
- l. I am a Special Agent (SA) with the Drug Enforcement Administration (DEA) and .
. have been so employed for approximately eight 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, Ihave
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 the methods by which illegal drugs are imported,
manufactured, and distributed; methods of payment for such drugs; and methods used bydrug
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 and 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
Gilberto ZARCO, d!o/b r 1976. I am the case agent responsible for the investigation in aid
of which this application is being made. This Affidavit is based on my personal knowledge and
observations, as wellas information provided.to me by other law enforcement ofiicers. 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 March 2, 2005, a DEA Confidential Source (CS) under the direction and
. {control of law enforcement agents/officers, initiated a consensually monitored tape-recorded
telephone call to ZARCO regarding the delivery of two ounces of cocaine. During the telephone
‘call, the CS and ZARCO made arrangements to meet in the parking lot of the WAWA
convenience store located at Route 13 and Memorial Drive in New Castle, Delaware regarding
the delivery of two ounces of cocaine for the price of $2,000.00. Pursuant to the telephone call,
members of the DEA Wilmington, Delaware Resident Oflice established surveillance in and l
around the area of the WAWA parking lot located at Route 13 and Memorial Drive in New
Castle, Delaware. Shortly thereafter, agents/oflicers observed ZARCO meet with the CS.
During the meeting, the CS pruchased two ounces of cocaine from ZARCO for the price of
$2,000.00. The CS and the CS’ vehicle were searched for contraband (money and/or drugs) prior
to and after the delivery of the two ounces of cocaine with negative results. The CS was .
equipped with an electronic monitoring and recording device during the transaction, allowing
agents/officers to contemporaneously monitor the transaction between the CS and ZARCO.
Agents/Ofhcers also initiated a digital video recording of the transaction between the CS and
ZARCO. The two ounces of cocaine provided by ZARCO to the CS field-tested positive for
cocaine, and were later analyzed by the DEA Northeastern Regional Laboratory and determined
- to be 54.3 net grams of cocaine with an 88% purity level.

; Case 1:07-mj-00041-MPT Document 10 Filed 03/15/2007 Page 4 of 4
I A 7 4. On February 22, 2007, agents/officers met with ZARCO at his residence located at
_ 76 Chesterfield Drive in New Castle, Delaware and advised ZARCO that they wanted to speak to
him regarding his involvement in the distribution of cocaine. Agents/Officers advised ZARCO `
‘ ‘ l of his Miranda rights in English and Spanish via a DEA Form 13. It should be noted that
· ZARCO spoke English fluently. ZARCO advised the agents/officers that he understood his
Miranda rights as explained and agreed to speak to the agents/'ofiicers. Upon reading DEA Form
13s (Advice of Rights and Waiver of Rights) in both English and Spanish, ZARCO signed them
indicating a waiver of his rights.
5. Following his Miranda waiver, ZARCO admitted that from January 2005 through
August 2006, he distributed half-ounce to one—ounce quantities of cocaine throughout New
Castle County, Delaware on a weekly basis. ZARCO further admitted that the largest quantity of
cocaine that he distributed at one time was two ounces of cocaine and that he had distributed this
amount on two occasions. Agents/Officers concluded their interview with ZARCO and he was
not formally charged at that time.
6. Based on the foregoing facts and my training, lcnowledge, and experience, it is my
opinion that ZARCO knowingly distributed a substance containing a detectable amount of
cocaine.
7. Based on the foregoing facts, your Affiant submits that there is probable cause to
V believe that ZARCO has committed a violation of Title 21, United States Code, Sections
, 84l(a)(l) and (b)(1)(C), distribution of a Schedule 11 controlled substance, to wit, cocaine, and
` ; therefore respectfully requests that the Court issue a criminal complaint and arrest warrant for
‘ ZARCO. _ ‘
DAVID B. HUGE S;
Special Agent, Drug Enforcement Administration
` Swom to and subscribed before
• ir:

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= ~# States Magistrate Judge ·