Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 1 of 4

AO 91 (Rev, Ill I) Criminal Complaint

UNITED STATES

DIS'I'RICT

UL!

CoURT

22

2015

CLERK tJ.S. DISTRICT COURT

for the

WESTERN DISTRICT Off TEXAS

BY_____________________

Western District of T exas

DEPU

United States of America

v.
ANTUNEZ-Gutierrez,

Maa

)
)
)

Del Rosario

Case No.

)
)

_____________________________________________________________________________________________

CRIMINAL COMPLAINT
complainant in this case, state that the following is true to the best of my knowledge and belief.
El Paso
in the county of
9/19/2015 and 10/05/2015
On or about the date(s) of
I, the

District of

Western

Texas

the deind ant(s) violated:

Offense

Code Section

in the

Des cr (pt/on

It shall be unlawful for any person who, being an alien, except as provided in
subsection (y)(2), has been admitted to the United States under a
nonimmigrant visa (as that term is defined in section 101 (a)(26) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(26))); to ship or transport
in interstate or foreign commerce, or possess in or affecting commerce, any
ammunition; or to receive ammunition which has been shipped or transported
in interstate or foreign commerce.

18 USC 922(g)(5)

This criminal complaint is based on these facts:

SEE ATTACHED AFFIDAVIT

Continued on the attached sheet.

Complainant's

Alton E. Hightower, HSI

Printed name and

Sworn to before me and signed in my presence.

Date:

10/22/2015
Judge 's signature

City and state:

El

Paso, Texas

Robert F. Castaneda, U.S. Magistrate Judge

Printed name and title

Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 2 of 4

Aef

AFFIDAVIT iN SUPPORT OF CRIMINAL COMPLAINT

I,

Alton E Hightower

being duly sworn, hereby declare and state as follows:

I am a Special Agent employed by Homeland Security Investigations, Office

of Special Agent in

Charge, El Paso, Texas. I have twelve years of experience as a federal law enforcement agent. I
have successfully graduated from several law enforcement academies including Immigration and
Customs Enforcement Special Agent Training, Criminal Investigation Training Program, and the
United States Border Patrol Academy. My training includes courses related to Immigration and
Customs Laws. I have investigated variety of offenses and have successfully completed
numerous ammunition smuggling investigations.

The following information related to the investigation of Maria Del Rosario ANTUNEZGutierrez is personally known to me based on my own investigation, training and experience,
including my review of investigative reports, or has been related to me by other individuals,
including law enforcement officers involved in the investigation.

Homeland Security Investigations (HSI), Special Agent (SA) Alton Hightower received
information indicating that individuals had purchased large quantities of ammunition on several
occasions at a specific sporting goods store in El Paso, Texas. SA Hightower reviewed
transaction reports and video surveillance logs which documented purchases of large
ammunition made during the months of July 2015 through October 2015 at the specific store.
SA Hightower found that the same group of individuals had purchased large volumes of
ammunition in approximately 50 separate transactions between July 17, 2015 and October 7,
2015. Transaction volumes ranged from approximately 500 to 2,000 rounds of ammunition per
purchase. Video surveillance recordings showed that on most occasions, the individuals arrived

and departed in a blue four door hatchback.

SA Hightower queried border crossing records and identified several individuals entered the
United States from Mexico in a blue four door hatchback within close proximity to the time the
ammunition was purchased. SA Hightower observed that the vehicle and individuals appeared to
be the same vehicle and individuals depicted in the sporting goods store video logs. SA
Hightower identified one of the individuals as Maria Del Rosario ANTUNEZGutierrez. SA
Hightower observed that images of ANTUNEZ-Gutierrez captured by cameras at the port of
entries matched images of one of the purchasers of the ammunition captured by the sporting
goods store security cameras.
SA Hightower's investigation, which included review of border crossing records, video
surveillance logs and store transaction reports revealed that between August 17, 2015 and
October 5, 2015, ANTtJNEZ-Gutierrez purchased approximately 10,900 rounds of ammunition
in 12 separate transactions for transaction total of $4,813.05.

Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 3 of 4

and
Immigration records reflect that ANTLTNEZ-Gutierrez has been issued non-immigrant visa
that
is not a Citizen or Lawful Permanent Resident of the United States. Records do not reflect
ANTUNEZ-Gutierrez has been granted permission to possess ammunition in the United States.
SA Hightower detennined that by purchasing ammunition, ANTUNEZ-Gutierrez was in
possession of ammunition in violation of Title 18, United States Code, Section 922(g)(5).
SA Hightower reviewed border crossing records and found that on October 5, 2015, at
approximately 7:47 p.m., ANTUNEZ-Gutierrez entered the United States from Mexico through
the Bridge of the Americas Port of Entry in El Paso, Texas as a pedestrian.

and
SA Hightower reviewed video surveillance logs at the aforementioned sporting goods store
observed that on October 5, 2015, at approximately 8:02 p.m., a female who SA Hightower
recognized to be ANTUNEZ-Gutierrez left an empty shopping cart in the store's ammunition
aisle next to a male who SA Hightower previously observed to accompany ANTUNEZ-Gutierrez
that
when she purchased ammunition on prior occasions. The male placed boxes within the cart
ANTIJNEZ-Gutierrez had left on the aisle. SA HightOwer had previously looked over store
stocking locations and knew the boxes likely contained ammunition based on their appearance
and location on the store shelf. At approximately 8:11 p.m., ANTIJNEZ-Gutierrez returned to
the store's ammunition aisle where she picked up the loaded shopping cart and departed the
ammunition aisle. At approximately 8:16 p.m., video footage showed that ANTUNEZ-Gutierrez
purchased multiple boxes at register 6 at the sporting goods store. The boxes were constant in

appearance with boxes of ammunition.

Sporting goods store transaction reports indicate that on October 5, 2015 at 8:16 p.m., 15 boxes
of American Eagle brand .7.62 X 39 caliber ammunition were purchased at register number 6 at
the sporting goods store. 600 rounds were purchased during that transaction with a total cost of
$178.45.
On September 19, 2015, at approximately 3:33 p.m., ANTUNEZ-Gutierrez entered the United
States from Mexico through the Ysleta Port of Entry in El Paso, Texas in the blue hatchback
previously identified by SA Hightower.
SA Hightower reviewed video surveillance logs for September 19, 2015 at the aforementioned
sporting goods store and observed that, at approximately 3:51 p.m., a female who SA Hightower
recognized to be ANTUNEZ-Gutierrez entered the store's ammunition aisle pushing a shopping
cart. ANTUNEZ-Gutierrez pushed the cart next and left it next to a shopping cart that was
present in the aisle. SA Hightower observed ANTUNEZ-Gutierrez' above mentioned associate
load the cart with what SA Hightower believed to be boxes ammunition prior to ANTUNEZGutierrez' arrival in the aisle. The male transferred some of the boxes from his cart to hers. At
approximately 3:53 p.m., ANTUNEZ-Gutierrez departed from the store's ammunition aisle
pushing the loaded shopping cart. At approximately 3:58 p.m., ANTUNEZ-Gutierrez purchased

Case 3:15-mj-03881-RFC Document 1 Filed 10/22/15 Page 4 of 4

multiple boxes at register 4 at the sporting goods store. The boxes were constant in appearance
with boxes of ammunition.

Store transaction reports indicated that on September 19, 2015 at 3:58 p.m., 20 boxes of
Monarch brand 9mm caliber ammunition were purchased at register number 4 at the sporting
goods store. A total of 1000 rounds were purchased during that transaction with a total cost of
$219.80.
SA }iightower was aware based on recent investigation that American Eagle brand ammunition
is manufactured outside the State of Texas and Monarch brand ammunition is manufactured
outside the United States thus the ammunition purchased by ANTIJNEZ-Gutierrez has been

shipped in or affecting interstate or foreign commerce.