AO 9l (Rev. 5/85) Criminal Complaint

IJnited States District CourtWESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA CRIMINAL COMPLAINT

v.

BLAKE RIVERA,VICTOR RIVERACHAYANNE RIVERA

CASE NUMBER: 16-M- /0/7

Defendants.

I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge andbelief.

from in or about May 20 1 5 through to the present, in the Western District of New York and elsewhere, the

defendants, BLAKE RIVERA, VICTOR RIVERA and CHAYANNE RIVERA did knowingly, willtully, and

unlawfully combine, conspire, and agree together and with others to possess with intent to distribute and todistribute 5 kilograms or more of cocaine and 280 grams of cocaine base and 100 grams or more of heroin, inviolation of Title 21, United States Code, Section 846; and did knowingly and unlawfully possess firearms infurtherance of the conspiracy, in violation of Title 18, United States Code, Sections 924(c) and2.

I further state that I am a Special Agent of the United States Drug Enforcement Administration and that this complaint is based on

the following facts:

SEE ATTACHED AFFIDAVIT OF SPECIAL AGENT SABATINO SMITH

Continued on the attached sheet and made a part hereof: ( /) Yes ( )No

Sworn to before me and subscribed in my presence,

peuruarv fl. zoto atDate

Honorable Jonathan W. Feldman. U.S.M.J.Name & Title of Judicial Officer

Signature of Complainant

of Judicial Officer

I.'NITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK

LINITED STATES OF AMERICA16-MJ- Yl/tr

v.

BLAKE RIVERACHAYANNE RIVERAVICTOR RTVERA

Defendants.

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

SABATINO SMITH, being duly swom, deposes and says:

l. I am a Special Agent with the Drug Enforcement Administration (DEA), and as

such I am an "investigative or law enforcement officer" of the United States within the meaning

of Section 25lO(7) of Title 18, United States Code, that is, an officer of the United States who is

empowered by law to conduct investigations of, and to make arrests for, offenses enumerated in

Title2l,United States Code, Section 801, et seq. and Title 18, United States Code, Section

2sr6(t).

2. I have been an employee of the DEA for six years and have been assigned to the

Rochester, New York Resident Office since May 2010. Prior to joining the DEA, I was a

special agent with the United States Secret Service for eight years. During my law enforcement

career, I have participated in cases involving the distribution of cocaine, cocaine base, heroin and

other controlled substances. I have previously assisted in investigations that involved the

monitoring and recording of court-authorized Title III interceptions. As part of my employment

with the DEA, I successfully completed DEA basic agent training, an intensive nineteen-week

course covering all aspects of drug enforcement including electronic surveillance. I am familiar

with how controlled substances are obtained, diluted, packaged, distributed, sold and used within

the framework of drug trafficking and how drug traffickers utilize electronic communications to

facilitate their illegal activities.

3. This affidavit is submiued in support of a Criminal Complaint charging BLAKE

zuVERA, VICTOR RIVERA and CHAYANNE RIVERA with violations of Title 21, U.S.C. $

846 (conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of

cocaine, 280 grams or more of cocaine base and 100 grams of heroin), and Title 18 U.S.C. $ 924(c)

(possession of firearms in furtherance of drug trafficking).

4. The information in this affidavit is based upon my personal knowledge obtained

through my participation in this investigation. It is also based upon review of reports prepared by

various police agencies, information received from other experienced narcotics investigators and

law enforcement agents and officers, and my review of conversations that have been intercepted

pursuant to court-auth oizedwire surveillance. As a result of my participation, I am familiar with

all aspects of this investigation.

5. I am presently involved in an investigation being conducted by Special Agents of

the United States Drug Enforcement Administration (DEA) Rochester Resident Office and the

Rochester police Department into a narcotics distribution organization based in Rochester, New

york, and headed by Blake Rivera. The investigation has been ongoing since approximately May

2015 and has involved physical and GPS surveillance of the three defendants. The investigation

has also involved use of one or more confidential informants who have made controlled purchases

of narcotics from the defendants during the course of the investigation. As more fully set forth

below, the investigation culminated this past Wednesday, February 17, with the execution of

search warrants at the residences ofthe three defendants and a rental storage unit used by the

defendants and rented in the name of Grissel Rivera (Blake Rivera's wife), which search warrants

resulted in the seizure of:

* Approximately 8.3 kilograms of cocaine,

* Approximately half a kilogram of cocaine base,

* l4 firearms, most of them loaded, and

* Approximately $375,456 in cash.

The Defendants

6. Blake Rivera is 31 years old. He has a prior felony conviction for Criminal

Possession of Controlled Substances 3d, with intent to sell in January 2005.

7 . Victor Rivera is 51 years old and is the father of Blake Rivera and Chayanne

Rivera. On June 3,2015, he pled guilty to felony Criminal Possession of Controlled Substances

3d, with intent to sell. He has yet to be sentenced on that conviction. He also has several

misdemeanor convictions for Petit Larceny and Criminal Possession of Stolen Property.

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8. Chayanne Rivera is 25 years old. He is the brother of Blake and the son of Victor.

He has no known criminal convictions.

Investigation Prior To The Execution Of The Search Warrants

Controlled Purchases

g. During the last nine months, the DEA and RPD have been investigating the drug

trafficking activities of Blake Rivera, Victor Rivera (Blake's father) and Chayanne Rivera

(Blake's brother). During the course of the investigation, several controlled purchases of cocaine

were made from the defendants. Specifically, more than four controlled purchases of cocaine

were made from Blake Rivera at 164 Curtis Street. Additionatly, at least two controlled

purchases of cocaine were made from Chayanne Riveraat164 Curtis Street. The house at164

Curtis Street is the residence of Victor Rivera, who lived at the house during the course of the

investigation and was personally present at most of the controlled purchases that took place at the

residence. Additionally, victor Rivera facilitated more than one of the controlled purchases by

contacting Chayanne and/or Blake Rivera to advise that a cocaine customer was at 164 Curtis

Street waiting to purchase drugs, after which Chayanne and/or Blake came to the location and sold

the drugs to the waiting customer'

Seizure of Heroin

10. On Decemb er 4,2015,I was contacted by New York State Police Sr. Investigator

Scott Shepard who advised that a search warrant had been obtained for a suspicious FedEx

package addressed to 164 Curtis Street in Rochester, New York (which the investigation has

revealed is Victor Rivera's residence). The recipient name on the package was "Ashton

Johnson," which appears to be a fictitious name as no one by that name resides at that residence.

In my training and experience, I know that illegal narcotics which are shipped by mail or overnight

delivery service routinely use fictitious names for the recipient and the sender in order to conceal

the true intended recipient from law enforcement. The package was found to contain

approximat ely 612 grams of heroin. Significantly, as noted below, materials for processing and

package heroin were seized from 164 Curtis Street during Wednesday's search warrants'

Execution of Search Warrants

11. As noted above, search warrants were executed at four locations in the Rochester

area on Wednesday, February 17. The warrants were executed at the residences of the three

defendants and at a storage location used by the defendants and rented in the name of Grissel

fuvera, Blake Rivera's wife.

276 Woodsmoke Lane Rochester. NY

12. The investigation has revealed that Blake Rivera resides at276 Woodsmoke Lane

in Rochester with his wife Grissel and his three children. When officers made entry into the

residence, Blake Rivera was observed coming from the area of the upstairs Master bedroom'

13. In the master bedroom under the bed, police found a Del-ton DTI-15, 5.56 mm

assault style rifle loaded with a magazine containing 30 rounds of ammunition. In the closet of

the master bedroom were two safes. One safe contained $262,915 in cash. The other safe

contained $77,599 in cash. Another approximately $5,946 in cash was seized in the master

bedroom and other parts of the house. The total amount of cash seized at the residence was

$346,460.

164 Curtis Street. Rochester" New York

14. The investigation has revealed that 164 Curtis Street is Victor Rivera's residence,

and also the location where Blake Rivera and Chayanne Rivera stored and distributed drugs. It is

also the address on the FedEx package intercepted by the New York State Police which was found

to contain approximately 612 grams of heroin. When police made entry, Victor was the only

occupant ofthe house.

15. police found that the doors to the master bedroom and master bathroom were

Iocked with keyed deadbolt locks. The deadbolts were unlocked using keys seized at Blake

Rivera,s house at2T6Woodsmoke Lane during the execution of the search warrant there Inside

the master bedroom, police found several separate quantities of cocaine: one brick shaped

compressed quantity weighing approximately 541 glams of cocaine; one knotted plastic bag

containing approximat ely 96 grams of cocaine; and, inside a Sentry safe in the bedroom, two sets

of plastic bags, one set containing approximately 330 grams of cocaine and the other containing a

total of approximately 533 grams of cocaine base. Also in the master bedroom in a shoe box

police found drug paraphernalia used to process and package controlled substances, including

Pyrex glassware, plates, baggies, rubber bands and screens for sifting drugs' Two boxes of '380

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caliber hollow point ammunition and one loose round of 5.56 mm rifle ammunition was also

found. Approximately $2,919 in cash was also located in the master bedroom.

16. In a different upstairs bedroom (bedroom #2) which was Victor Rivera's bedroom,

police found a .357 magnum Smith & Wesson revolver, loaded with 5 rounds of hollow point .357

ammunition. The gun was on a night stand in the room. On the same nightstand as the .357

revolver, officers seized two empty prescription bottles and one empty prescription box with

Victor Rivera's name on it. Victor fuvera's Social Security card and a vehicle title in his name

were also on the night stand. Underneath the mattress of the bedroom, police found

approximately $1,005 in cash.

17. In the Attic of the house, police found a Sentry Safe. Significantly, officers

opened the Sentry safe with a key obtained from Chayanne Rivera's house at245 Colwick during

the search at that residence (see below). The Sentry safe key was on a key ring along with two

other keys that opened the side and front door of 164 Curtis and a fourth key that opened the front

door of 245 Colwick (Chayanne's house). The Sentry safe contained multiple bags of cocaine

weighing a total of approximately 589 grams of cocaine'

lg. In the kitchen of the house, officers seized a wallet containing Victor Rivera's

driver,s license. A loaded 9 mm Ruger handgun was found on top of kitchen cabinets. Multiple

rounds of 12 gauge ammunition were on top of the refrigerator.

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19. In the dining room, two black shoeboxes were found containing packaging

materials for packaging and distribution of heroin, including wax baggies.

20. In the living room/tv room, an AK 47 style short-barreled rifle with pistol grip was

found inside a black nylon weapon bag. Also in the bag were three 30 round magazines loaded

with 5.56 mm caliber "green tip" ammunition and a fourth empty magazine. Another 12 gatge

shotgun with pistol grip, loaded with one round in chamber and two rounds in the magazine tube,

was found in the living room along with a sawed off double barreled 12 gauge shotgun.

245 Colwick Road

21. The investigation that this is Chayanne Rivera's residence. When officers made

entry, Chayanne was in the house along with his wife and child.

22. As noted above, a key ring containing several keys was found on the kitchen island

in the residence. One of the keys opened the front door of 245 Colwick Road. The key ring was

taken to l64Curtis Street where one of the keys opened the side door and another opened the front

door. A safe key was also on the ring and it opened the Sentry safe found in the attic of 164

Curtis, which safe contained approximately 589 grams of cocaine.

23. In the basement of 245 Colwick, officers seized an AK-47 Style firearm, next to

which were two loaded magazines.

Stor4pUnit (2585 Briehton Henrietta Town Line Road. Rochester)

24. This storage unit is rented in the name of Blake Rivera's wife, Grissel Rivera.

Blake Rivera was surveilled going to the storage unit on numerous occasions during the course of

the investigation.

25. Inside the storage unit, officers found a 1998 BMW sedan, registered in the name of

Grissel Rivera at 164 Curtis Street. Inside the trunk of the BMW, officers seized seven brick

shaped quantities of cocaine, weighing a total of approximately 6.8 kilograms of cocaine.

26. Also inside the BMW, officers found seven firearms: one SKS style firearm loaded;

two handguns (one of which was loaded); two AK-47 style firearms; one shotgun with a sawed off

stock (loaded); and one AR-15 style firearm. Several loaded magazines and loose ammunition

were near the seven guns.

CONCLUSION

WHEREFORE, based upon the foregoing, I respectfully submit that there is probable

cause to believe that from in or about May 2015 to the present, in the Western District of New

YOrK ANd CISEWhETE, dEfENdANtS BLAKE zuVERA, VICTOR RIVERA ANd CHAYANNE

RIVERA violated Title 21, United States Code, Sections 846 (conspiracy to possess with intent

to distribute and to distribute 5 kilograms or more of cocaine, 280 grams or more of cocaine base

(crack cocaine), and 100 grams or more of heroin. There is also probable cause to believe that

the three defendants possessed multiple firearms in furtherance of their drug trafficking crimes in

violation of Title 18, United States Code, Sections 92a(c)(1)(A).

SABATINO SMITHSpecial AgentDrug Enforcement Administration

Sworn to before me this

fi day of February,2016

Respectfully submitted,

JONATHAN W. FELDMANSTATES MAGISTRATE JUDGE

DISTzuCT OF NEW YORK

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