A0 91 (Rev. @3109) Criminal Complaint ti' case Document 1 Filed 08/19/10 Page 1 of 5 UNITED STATES DISTRICT COURT I I I for the /Western District of Texas i9 . United States of America A V. . Luis Ricardo Chapa Case No. armDefena'ant(s) CRIMINAL COMPLAINT I, the complainant in this case, state that the following is true to the best of my knowledge and belief. A On or about the date(s) of August 18, 2010 in the county of Travis in the Western District of Texas the defertdant(s) violated: Code Section Oflense Description I Title 21 USC Section 846 - Conspring to knowingly and intentionally possess cocaine witih the intent to distribute Title 18 US'CiSection 924 Use of a firearm during and in relation to a drugtrafficking crime Title 18 USC Seciton 2 Aiding and abetting an offense against the United "States This criminal complaint is based on these facts: See attached "Affidavit" A Continued on the attached sheet. . . Complainant 's signature ,$omJ 143w)": /tit' Printed itanie and title i Edge 's signature ROBERT Sworn to before me and signed in my presence. Date: [5 City and state: A '5'Tw U.s. MAGIST I I Case Documentl Page2of5 AFFIDAVIT .The' affiant being duly sworn -does _depose and state the following: 1. That. I am .currently' employed. as" a Special Agent in the Bureau of Alcohol, Tobacco and Firearms (ATF) and have been so since April 1988. That during this time have conducted and participated ill numerous investigations concerning the illegal possession" of firearms, Federal controlled. substance land conspiracy laws and the commission of violent crimes. That on July 27, your affiant received information from a confidential informant who stated that a subject identified as Luis Chapa 10-04-1971 was interested in-conducting the robbery of a "stash house" where cocaine.was trafficked. 93. On August 1, 2010, an undercover agent (UC) met with Chapa in Austin, Texas.- During the course of this conversation, the UC told Chapa the following: 0 .The UC was a courier for a drug.trafficking family and took an ice chest containing 10 kilograms of cocaine. to Chicago about once a month and had been doing so for the past 9 months I I The UC picked this cocaine up at a residence occupied 'by two armed drug traffickers. There were more ice chests containing cocaine at the residence at the time of pickup A 0 .The UC was no longer being paid by this family, had become disgruntled and wanted to steal the cocaine from the house. The UC asked Chapa if he had done this before and he stated-"yes" and that he had bullet proof vests, guns and masks. Chapa said that it would cost "at least" half of the cocaine in the stash house as payment for him and his associates to do the job Case Document 1 Filed 08/19/10 Page 3-of5 Page 2_of 4 AFFIDAVIT (Continued) ,Chapa told the UC that he had associates who would also commit this robberyfi with. Chapa. Chapa stated. that these associates also had firearms .and that they would tie.up everyone in the house and steal the cocaine. Chapa said he already had buyers for the cocaine and lma and-his associates would take it all, sell it and pay the UC his share. 4. That on August 9, 2010, in furtherance of this conspiracy, Chapa again rmfl: with tfima undercover HKD. ATF agent jJ1 Austin, Texas. At.this meeting, Chapa had two additional subjects with him who were introduced to-the UC as the crew that would commit the above described robbery of the narcotics "stash house". One- of the subjects, "Gary", stated that they would be bringing a fourth subject to the robbery, but that he was unable to meet the UC on this date. The other subject was later identified as Luis_ Daniel Mendez, date of birth 9/28/1985. The UC. agent discussed in detail with all of these subjects the quantity of narcotics that would be present at the location of the robbery. The agent told all of the subjects that The had. been receiving 10 kilograms on previous- occasions and that there . would probably be more cocaine at this stash house at the time of the robbery. 'All of the subjects confirmed that they were willing.to do this crime, had done it before and were now ready. It was agreed that the UC agent would also be tied up and that the suspects would Vsteal" the UC agent's vehicle as well. The UC agent told these suspects that it had to look like UC agent did not set this robbery up because it was members of the UC nagent's'family inside the stash house. These suspects stated. that they already had something to tie up the subjects that were inside_the house with, and weapons and were going to get tasers. to commit the robbery with. . Case Document 1_ Filed 08/19/10 'Page 4 of5- Page 3 of 4 AFFIDAVIT (Continued) 5. That on August 18, 2010, in furtherance of this conspiracy Luis Chapa, Luis Mendez and three additional subjects identified as Jesse Mata, date of birth 4/02/1962, James Jesse Maes, date of birth 7/20/1971 and "James Matthew Thomas, date of 'birth 3/l4/1972 met the undercover agent for the purpose of conducting the crimes being discussed by the conspirators. Mata drove the vehicle which delivered the other suspects and weapons to the uc agent and the remaining suspects all acknowledged that they were going to acquire 30 kilograms of cocaine as the result of this robbery and stated that they, had done this .before. These suspects stated that they were going to beat, shoot or taser whoever was found to be inside the location where the cocaine was going to be stolen from. These suspects stated that they had guns and were ready txa go to the location to commit this "robbery. All of these suspects aided and abetted each other in furtherance'