detention affidavit

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DETENTION AFFIDAVIT I, Mark S. Karangekis, having been first duly w o r n ~ do hereby depose and state as

follows: 1. I am a Special Agent of the Federal Bureau of Investigation (FBI). I have 'been a

Special Agent (SA) since April 5, 1992. I am currently assigned to the Boston Field Office,Springfie ld Resident Agency. I am submitting this affidavit in support of the government'smotions that the following individuals be detained pending trial: Francisco Diaz, aka Franco,Antonio Caraballo, aka Pote, William Rodriguez, aka Snoop,Luzander Montoya, aka Zander, Miguel Medina, Miguel Alcaz , .. yn ., . gu a, ., .FIaco, (hereinafter collectively referred to as lithe Targets"). I have not included each and everyfact developed from the investigation in this affidavit. Rather, this affidavit includes facts Ibelieve to be relevant to issues under 18 U.S.C. 3142 with respect to the Targets.

2. All of the Targets have been charged with various drug andlor flrearms violationsin indictments issued on March 28,2013. All of these individuals are alleged to be members(including members of the local or regional leadership) or associates ofLa Familia, a violentstreet gang operating in, among other places, Holyoke, Massachusetts. All of these individualshave significant criminal histories involving drugs andlor firearms violations. As detailed morefully below, the involvement by the Targets in La Familia heightens the likelihood that theywould commit further crimes, including violence directed at parties who have cooperated with .the government, if they were released. The information provided below is submitted to show

. that there exists no conditions or combination of conditions under which the Targets can besafely released to ~ e community.

3. Over the past three years, the Western Massachusetts Gang Task Force (WMGTF) which includes members of the Federal Bureau of Investigation (FBI), Holyoke Police Department (HPD), Massachusetts State Police (MSP), Springfleld Police Department, . Hampden County Sheriff' s Office (HCSO), Chicopee Police Department (CPD), Lee PoliceDepartinent (LPD), and the Drug Enforcement Administration (DEA), with assistance from theUnited States Ma,rshal Service and the Bureau ofAlcohol, Tobacco, Firearms and Explosives,have conducted an investigation targeting the heroin distribution activities of the leaders,members and associates of the LA FAMILIA street gang in Holyoke, Massachusetts andsurrounding communities.

4. One of the principal objectives of the above referenced in,:,estigation was todevelop current intelligence about the La Familia gang in Holyoke, to include, among otherthings, the size of its membership, the identity of its current leadership, the scope of its membersand associates' illegal activities, and the manner in which they are organized and operate.Toward this pursuit, investigators interviewed a large number of confldential human sources(CHSs), reviewed law enforcement data base records, conferred with the MassachusettsDepartment ofCorrection and Hampden County Sheriff' s Department, examined documentsregarding telephones, automobiles, and real estate used by suspected gang members, andconducted physical surveillance of individuals and locations in Holyoke and other surrounding

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coinmunities.5. As stated above, investigators participating in the referencedinvestigation interviewed numerous CHSs regarding the gang and its operations. Theseindividuals included current or former leaders, members and associates ofLa Familia who were

personally familiar with the gang, its operations, and its leaders. The information about LaFamilia and i ts operations provided in the following paragraphs, represents a summary ofinformation provided by these individuals, by various CHSs, and information obtained fromother sources. The information provided by CHSs has been corroborated by comparing it toinformation obtained from other sources, to include information provided by other lawenforcement sources, and from information developed from other sources during the course ofthe investigation, to include consensually recorded conversations made during controlledpurchases of drug evidence. Information provided about La Familia described herein has alsobeen confIrmed through police records, by speaking with individuals who participated in theevents,' and by examirting prior gang intelligence.

6. In addition, the information provided by current and former members andassociates ofLa Familia was corroborated by subsequent developments in the investigation. Asan example, a CHS identified the Targets as La Familia members and associates involved in drugand :f1rearms trafficking. The CHS, under the direction of the WMGTF, then made controlledpurchases of drugs and/or firearms from the Targets, who discussed other gang members andgang activities during those purchases.

7. Investigations conducted by the WMGTF over the past decade have revealed thatthe Massachusetts Chapter ofLa Familia, which includes Springfield and Holyoke Chapters, is astreet gang with dozens ofmembers in Springfield, Holyoke, and other cities. La Familiaoperates local chapters tbroughout the state and the Northeast region, including chapters insidemany correctional facilities. Many members of the gang are involved in a broad range of illegalactivities including drug trafficking and crimes of violence undertaken in furtherance ofprotecting interests of the gang and its members.

8. La Familia is an organized Hispanic gang whose membership is primarilymade upof individuals of Puerto Rican descent. During the early 1970s, a loose-knit gang of teenagersfrom Brooklyn, New York determined that in orderto protect hemselves from i v a l 1 0 ~ a l gangsoperating in the same area, they would create a larger gang. The gang was named La Familia toreflect their feeling of family. Over time other Hispanic groups were granted membership intoLa Familia. The gang adopted the colors of the Puerto Rican Flag and the Five pointed star onthe flag to represent the gang. During the late 1970s and early 1980s, due to relocations, theincarceration ofmembers, and criminal activities which expanded territory, La Familia spread toother areas ofNew York, Connecticut, and western Massachusetts. By the end of the 1980s, LaFamilia had chapters throughout the Northeast.

9. During the 1990s, many members ofLa Familia who had served prison sentenceswere being released from jail with a newfound appreciation for the need for organization toensure protection. The older members, or "godfathers" organized and recruited younger

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members frOIT). small neighborhood gangs into La Familia This included juveniles, called"Mafilia," who were recruited by La Familia to conduct its illegal activities as a condition formembership. As a result, the Holyoke and Springfield Chapters grew rapidly. Intelligenceindicated that the relationship between these Chapters was tepid but peaceful, with Holyokemembers of La Familia trafficking narcotics and firearms in Springfield, and vice versa. As timepassed, the two chapters merged into one and have co-existed peacefully.

1O. La Familia criminal activities included drug trafficking and the violenceassociated with that activity, typicaily involving assaults with firearms. La Familia have oftenfought the Massachusetts chapter of the Latin Kings over drug turf and perceived acts ofdisrespect. Over the past ten years, numerous assaults and homicides have been connected tothis ongoing conflict, with members of each gang being indicted, arrested and convicted for suchoffenses against the other gang.

11. During the past decade, the organizational structure of La Familia has changedseveral times, due in large part to internal power struggles and the incarceration of significantleaders and members. Notwithstanding changes in leadership over the years, the power hasremained centered on a small group of people who have promoted i o l ~ n c e between La Familiaand the Latin Kings in Holyoke to further their own interests. La Familia leadership, known asthe "Overseer Table" has historically utilized gang members and associates in furtherance oftheir criminal activities, particularly drug trafficking.

12. During the past decade, leaders and members of La Familia have been indictedand arrested, and have served significant prison sentences. Prior to their incarceration, theseindividuals capitalized on the ongoing conflict between La Familia and the Latin Kings, favoringmembers who were the most violent, using them to instill fear in the gang, and in doing so,supported their,own drug distribution. Subsequent to these indictments and arrests, lower rankingLa Familia members have taken leadership positions, and have continued in this activity,including Target Francisco Diaz, AKA Franco.

13. The current leadership and senior members remain heavily involved in drugdistribution, supplying lower-ranking La Familia members and associates with drugs, to includeheroin. The territory, or "stronghold, I for La Familia, remains the south end of Holyoke.14. During the first phase of the current investigation, the Holyoke Police NarcoticsUnit, supported by .the WMGTF, identified and targeted several heroin distribution points insouth Holyoke, to include 556 South Bridge Street, a four story multi-unit tenement building.

The HPD Narcotics Unit targeted the drug trafficking activity in those locations, employingvarious investigative techniques, including physical and electronic surveillance, controlledpurchases of drug evidence, data base checks, field interviews and post arrest interrogations ofsuspected drug customers, and search warrant execution. These techniques not only resulted innumerous arrests, but they also resulted in the identification of an organized heroin distributionoperation directed by the current leaders and significant members of La Familia.

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,,15, During the second phase of the investigation, the WMGTF and HPD NarcoticsUnit, tasked sources in a position to make controlled purchases of drug evidence from mid-levelLa Familia heroin dealers to make controlled purchases of heroin from those subjects. Sourceswere also developed and tasked with making controlled purchases of drug evidence from certaingang leaders. These controlled purchases of drug evidence resulted i ll evidence of each subject'sindividual drug distribution. Moreover, they assisted in identifying the modes of communicationutilized by the organization and drug trafficking organizations inside of Massachusetts and inNew York who supplied the gang with heroin.

16. Law enforcement documents from a previous investigation I have revieweddemonstrated that Francisco Diaz, aka Franco, is the leader of La Familia. That iIivestigationrevealed an organized distribution operation directed by Diaz. That investigation confIrmed thatthe distribution operation was centered in south Holyoke and supplied various points ofdistribution throughout the city. These points of distribution were operated by La Familiamembers and associates, including 556 South Bridge Street. The investigation revealed thatDiaz directed the operation, but kept an arm's length from day to day operations, leaving thatto trusted associates. .17. During the course of this prior stage of the investigation, a source was able to purchase a firearm from Diaz, and Diaz was arrested while in possession of two other firearms, but sources were unable to make a controlled purchase of drug evidence directly from Diaz. 18. In February of2012, state indictments were sought and arrest warrants wereissued for 18 subjects for distribution of narcotics in violation of Massachusetts General LawsChapter 94 C. These individuals were identilled through the investigation asDiaz's inner circleand most trusted associates. These arrests were based on controlled u r c h a ~ e s of drug evidencefrom those subjects. Diaz was arrested for the above referenced controlled purchase of a frrearm,, but was released on baiL '19. The prosecution of these subjects (referenced immediately above) led to furtherleads, to include cooperating witnesses who had admitted intimate knowledge of La Familia

Evidence obtained at this point corroborated evidence developed to that point which hadidentified Diaz as not only the leader of the gang, but the leader and manager of the heroindistribution operation. Additionally, information was developed which assisted in thedevelopment of additional sources with access to Diaz's newly established inner circle, whichincluded Antonio Caraballo, aka Pote, William Rodriguez, ,aka Snoop, and. .0. Information was developed which revealed that Diaz moved from outside of, Holyoke to 556 South Bridge Street, Holyoke in order to take a more direct role in the heroin distribution operation. It was at this time that 556 South Bridge Street doubled as the most active distribution point for the organization and the organization's "headquarters".

21. The third phase of the investigation was'initiated after investigators developed asource in a position to make controlled purchases' of drug evidence from various La Familiamembers and associates who,were working for Diaz, to include the Targets, many of whom weredistributing heroin from 556 South Bridge Street Numerous controlled purchases were madefrom the Targets. Over time, the source was able to make contact with Diaz and make controlledpurchases of larger quantities of heroin from Diaz. During controlled purchases with the

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Targets, it became clear to the CHS through hlslher conversation with Targets and observationsthat Diaz ran the operationat 556 South Bridge Street, providing heroin to the other Targets, whowould distribute that heroin throughout the building. During these meetings the source observedthe same workers from whom he/she had made controlled purchases of drug evidence meet withDiaz to deliver money from sales and obtain additional amounts o fheroin.22. Between July 6f20l2 and March of 2013, a CHS was used to make controlledpurchase heroin and cocaine from members and associates of La Familia in Holyoke andSpringfield. The resulting federal indictments allege the following:23. Francisco Diaz distributed heroin on five occasions. Diaz was charged twice in2012 with separate state frrearms offenses, pled guilty to both of them on February 5, 2013, andreceived concurrent three year state prison sentences on the same day which were stayed untilApril 4, 2013.24. Antonio Caraballo distributed heroin on five occasions. Caraballo was convicted

for distribution of heroin in Hamden County Superior Court on April 6, 2011 for which hereceived a sentence of 2 years, 1 year committed with the balance suspended for two years andhe is on parole until January 31, 2014. He was released from jail only a few months prior to thefrrst deal with the CHS.

25. Miguel Alcazar distributed heroin on two occasions. Alcazar's criminal historyincludes prior convictions for drug distribution.26. _distributed heroin on one occasion. ~ r i m i n a l recordincludes c o n v i ~ s t r i b u t i o n and assault and battery i ~ u s weapon. .27. Miguel Medina distributed heroin on one occasion. Medina has been convicted,

in Springfield Federal Court, of a drug trafficking offense as well as the use of a frrearm infurtheranc of a drug trafficking offense.

28. William Rodriguez distributed heroin on one occasion. Rodriguez's criminalhistory includes. a state-court conviction for assault with a frrearm, for which he received a stateprison term.

29. Reynaldo Figueroa distributed cocaine base on one occasion, and possessed andsold a firearm on another date. Figueroa's criminal history includes a conviction fordistribution of heroin for which he was .sentenced to four years in prison. During the course ofthe investigation, the WMGTF received reliable information from multiple sources thatReynaldo Figueroa, was involved in a drug related robbery of300 grams of cocaine. A CHSwas able to have conversation with Figueroa, during which Figueroa confrrmed that he wasinvolved in the robbery.

30. Luzander Montoya distributed heroin on three occasions. Montoya's criminalhistory includes assault with a dangerous weapon and distribution of cocaine.

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31. During the above referenced meetings with Diaz, he [Diaz] boasted to the CHSabout running the heroin distribution operation, setting prices and determining which membersand associates of La Familia would be involved. During these meetings Diaz discussed with thesource an individual who owed him money, and his intent to collect on that debt, utilizingviolence if necessary. Diaz told the CHS about how he and other La Familia Gang members shotat a Latin King Gang Member known as Killg Gambo. Diaz informed the CHS that AntonioCaraballo had been arrested and how Diaz was paying for Caraballo's lawyer. Diaz informed theCHS that the police were trying to put 15 guns on Caraballo and that the guns actually belongedto Diaz. Near the end of the investigation, Diaz advised that he was going to jail for gun charges,and went on to identify William Rodriguez, aka Snoop, as the person who would take over theoperation when he went to jail.

32. During the course of the above referenced prior investigation, investigatorslearned that four La Familia members planned on fInding a member of the Latin Kings to shoothim in retaliation for the shooting of a La Familia several months earlier. Investigators locatedthe vehicle in which the subjects were riding, conducted a motor vehicle stop and detainedknown members of La Fanillia, one of whom was in possession ofa firearm. That subject wasarrested. On a separate occasion, investigators learned that members of La Familia associatedwith Francisco Diazwere on their way to shoot a competing heroin distributor who was sellingheroin in La Familia territory, and undercutting the prices. Investigators were able to intercedeoutside the residence of the competing heroin distributer. Several La Familia members weredetained. One such member ran, and during the course of the pursuit, his gun discharged. Twosubjects were arrested, one for possession of heroin, and the other for the possession of thefirearm.

33. Most recently, multiple CHSs. and law enforcement intelligence have corroboratedthe ongoing and open war between La Familia and the Latin Killgs. Open-air shootings andassaults between the rival gangs have been reported on a regular basis. Investigation of thisviolence has been hampered by a lack of cooperation from witnesses, who are routinelyintimidated by the rival' gangs and who fear disclosure of cooperation with law enforcement.During the course of the current investigation, there have been documented incidents of violence.

34. This concludes a summary of information I believe to be relevant to the pre-trialdetention of the Targets.

Mark S. KaiangekisSpecial AgentFederal Bureau of Investigation

Dated: March 29, 2013

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