Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 1 of 8
United States District Com^^^^^^^-
.NORTHERN DISTRICT OF GEORGIA - ^ ^ ^ J * ^ * * *^ |y
UNITED STATES OF A M E R I CA
D A R R E LL MATHIS
C A S E N U M B E R: I:13-MJ-I34I
FILED IN CHAMBERS
I, the undersigned complainant being duly sworn state the following is true and correct to the best of my
knowledge and belief. On or about August 8, 2013. within the Northern District of Georgia, defendant
D A R R E LL MATHIS did.
(1) On or about August 8, 2013, in the Northern District of Georgia, did knowingly possess with intent to
distribute and distribute a quantity of marijuana, a Schedule I controlled substance, in violation of Title 21
United States Code, Section 841(a)(1) and (b)(1)(D); and
(2) On or about August 8, 2013, in the Northern District of Georgia, did knowingly use and carry a firearm
during and in relation to a drug trafficking offense for which they may be prosecuted in a court of the United
States, that is, possession with intent to distribute and distribution of a controlled substance, all in violation of
Title 18, United States Code, Section 924(c).
I further state that I am a Special Agent of the Federal Bureau of Investigation and that this complaint is based
on the following facts:
See attached affidavit.
Continued on the attached sheet and made a part hereof
( X) Yes
Based upon this complaint, this Court finds that there is probable cause to believe that an offense has been
committed and that the defendant has committed it. Sworn to before me, and subscribed in my presence
Signature of Complainant
Brian Davis, F BI SA
at Atlanta. Georgia
City and State
Russell G. Vineyard
United States Magistrate Judge
Name and Title of Judicial Officer
Signature of Judicial Officer
Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 2 of 8
I, Brian Davis, being duly swom, depose and state the following:
1. I am a Special Agent with the Federal Bureau of Investigation (FBI) and have been so
employed for 11 years. I am currently assigned to the Atlanta, Georgia, office and I
investigate Public Corruption and Civil Rights offenses. Prior to being hired by the FBI,
I was a police officer for eight years in Gaston County, North Carolina, where I worked
as a Detective in the Vice Narcotics Unit for five years.
2. This affidavit is offered in support of a complaint charging D A R R E LL MATHIS
(MATHIS) for the offenses of Possession with Intent to Distribute and Distribution of
Marijuana, a Schedule I Controlled Substance, in violation of Title 21, United States
Code, Section 841(a)(1) and (b)(1)(D), and Using and Carrying a Firearm During and in
Relation to a Drag Trafficking Crime, in violation of Title 18, United States Code,
Section 924(c) on August 8, 2013.
3. This affidavit is intended to show only that there is sufficient probable cause for the
requested warrant and does not set forth all of my knowledge about this matter. The
information set forth in this affidavit is based upon my experience, training, personal
knowledge, observations, and consultations with other law enforcement investigators and
agents, and other sources of information related to this investigation.
4. Darrell MATHIS is currently employed as a swom deputy with the Newton County
Sheriffs Office (NCSCO), where he works as a patrol officer. MATHIS has been so
employed since December 2008.
Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 3 of 8
5. This investigation began in April 2013, when two law enforcement officers reported to
the FBI that a Confidential Source ("CS"), who knows MATHIS, had reported to them
that the CS had been inside of MATHIS's apartment in Lithonia, Georgia, and had
observed a large amount of marijuana. The CS was at MATHIS's apartment on a social
visit and observed several large bags of what the CS believed to be marijuana on
MATHIS's living room table. MATHIS told the CS during that visit that he sells
marijuana, and stated that he does not worry about the police pulling him over because he
drives safely and flashes his police credentials to get out of tickets ifhe is stopped.
6. The CS was then contacted directly by your affiant and other FBI agents and confirmed
the information stated above in paragraph 5. The CS further stated that MATHIS always
has a lot of money and never works any off-duty jobs to the CS's knowledge. The CS
indicated that he/she was willing to assist the FBI in an investigation of MATHIS.
7. On April 25, 2013, shortly after midnight, the CS met with MATHIS. This meeting was
audio recorded. During the meeting, the CS told MATHIS that he/she wanted to
purchase an ounce of marijuana from MATHIS for a friend. MATHIS agreed to sell the
marijuana as soon as the friend had money available. While discussing the purchase of
the marijuana, the CS asked MATHIS how much was "the bag that you had at your
house," to which MATHIS responded that it was one pound. ^ The CS and MATHIS also
discuss different types of marijuana and different methods used to package marijuana for
8. On April 25, 2013, at approximately 4:48 p.m., the CS met in person with MATHIS. The
CS told MATHIS that he/she was purchasing marijuana for a friend. MATHIS arrived in
^ The audio recordings have not yet been transcribed. A ll quotes herein are based on my review
of the recordings, and are based on my best understanding of the words used.
Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 4 of 8
his marlced patrol car. He exited his patrol car wearing his NCSO uniform and firearm.
During this meeting, MATHIS provided the CS with approximately one ounce of
marijuana, and the CS paid MATHIS $100. MATHIS told the CS to teU the CS's friend
that he "did her right, I gave her a little extra." This meeting was recorded with both
video and audio recordings.
9. On May 6, 2013, the CS again met with MATHIS at a restaurant in Lithonia, Georgia.
The CS bought approximately one ounce of marijuana from MATHIS for $100. The
conversation between the CS and MATHIS was recorded. During this meeting, the CS
also introduced an undercover FBI agent ("UC #1") to MATHIS.
10. On May 17, 2013, the CS met with MATHIS. MATHIS was in his NCSO patrol car and
wearing his uniform. The CS purchased approximately one quarter-pound of marijuana
for $300.00 from MATHIS. During this transaction, MATHIS was wearing his firearm
and carrying a black plastic bag containing marijuana. MATHIS dropped the bag inside
of the CS's car and accepted $300.00 from the CS. The meeting was photographed, video
and audio recorded.
11. On May 23, 2013, UC #1, acting in an undercover capacity, accompanied by the CS,
traveled to a store in Lithonia, Georgia to meet with MATHIS. Prior to the meeting, UC
#1 had spoken with MATHIS on the telephone and agreed to purchase one quarter-pound
of marijuana from MATHIS. UC #1 met with MATHIS in MATHIS's vehicle, a red or
maroon Dodge Charger, which was parked in the parking lot of the store. MATHIS
provided UC #1 with one quarter-pound of marijuana. UC #1 paid MATHIS $300.00.
During the meeting, UC #1 stated that he doesn't touch "white," (meaning cocaine)
because "that shit will get you time." During the meeting, UC #1 asked ifhe could get a
Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 5 of 8
"whole" (meaning one pound) of marijuana, and MATHIS indicated that he could
provide that amount. The meeting was recorded with audio.
12. On June 7, 2013, UC #1, acting in an undercover capacity, traveled to MATHIS's
apartment in Lithonia, Georgia, to purchase $1,000.00 worth of marijuana from
MATHIS. After UC #1 arrived at MATHIS's apartment complex, UC #1 was instructed
by MATHIS during a cellular telephone conversation to travel to a specific building,
where MATHIS would be waiting for UC #1. Once UC #1 arrived at the building, UC
#1 observed MATHIS sitting in his vehicle, the same red or maroon Dodge Charger
identified in paragraph 9, above. Once UC #1 arrived, MATHIS exited his vehicle, and
both MATHIS and UC #1 walked up stairs to the third floor ofthe building. This
meeting was video recorded by law enforcement agents who were outside of the
apartment building. UC #1 also audio recorded the meeting. During this meeting,
MATHIS told UC #1 that he is a police officer.
13. Once MATHIS and UC #1 arrived on the thhd floor, MATHIS retrieved a key and
unlocked the entrance door to MATHIS's apartment, which was the same apartment
where the CS originally saw quantities of marijuana in April, 2013. MATHIS then
removed a large clear Ziploc plastic bag from his person and handed it to UC #1. Inside
the plastic bag was a green substance, which UC #1 believed was marijuana. MATHIS
then walked into the kitchen area and retrieved a medium-size digital scale and a dark
grocery bag, both of which were placed on the dirmer table located in the dining room
area. MATHIS activated the scale, at which time UC #1 placed the plastic bag containing
the green substance on the scale. The bag containing the green substance weighed
approximately one pound. The plastic bag containing the green substance was then
Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 6 of 8
placed inside the dark-colored grocery bag. UC #1 then gave MATHIS $1,000.00 in
United States currency. MATHIS and UC #1 exited the apartment and walked back
outside to where the vehicles were parked. UC #1 placed the plastic bag containing the
green budded substance believed to be marijuana inside the trunk of UC #rs
vehicle. UC #1 then had a brief conversation with MATHIS before leaving the apartment
complex. UC #1 then traveled to a pre-arranged meeting location to meet with your
affiant and other FBI agents, where UC #1 provided the suspected marijuana to agents for
further testing and analysis. During this meeting, MATHIS's NCSO patrol car was
parked in front of the apartment building. During that conversation, Mathis tells UC #1
"I do my little 10 or 15 a week," which UC #1 understood to mean that MATHIS was
selling 10 to 15 pounds of marijuana a week.
14. On August 8, 2013, UC #1, acting in an undercover capacity, again traveled to
MATHIS's apartment in Lithonia, Georgia, and purchased approximately one pound of
marijuana from MATHIS for $1,000.00. Once UC #1 purchased the marijuana from
MATHIS, UC #1 placed the purchased marijuana in the trunk of UC #rs vehicle. UC #1
and MATHIS were then planning to travel to a restaurant in East Point, Georgia, to meet
with another undercover FBI agent ("UC #2). UC #1 told MATHIS that UC #2 was UC
#rs cocaine supplier and a potential marijuana purchaser for MATHIS. Prior to leaving
MATHIS's apartment to meet with UC #2, MATHIS stated that he wanted to grab his
badge and gun, "just in case." When UC #1 and MATHIS left the apartment, UC #1
observed MATHIS carrying a side holster containing a dark-colored firearm. MATHIS
and UC #1 traveled to East Point, Georgia, in UC #1 's vehicle, which also contained the
marijuana that MATHIS had just sold to UC #1.
Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 7 of 8
15. On August 8, 2013, at a restaurant in East Point, Georgia, UC #1 and UC #2 met with
MATHIS to discuss MATHIS possibly supplying marijuana to UC #2. Prior to entering
the restaurant, while in the parking lot, MATHIS wanted UC #1 to show UC #2 the
marijuana MATHIS had just sold to UC #1. UC #1 showed UC #2 the marijuana that
was hidden inside of UC # 1' s vehicle.
16. During the meeting with UC #1 and UC #2, MATHIS told UC #2 that he is a police
officer, and showed UC #2 his Deputy Sheriff badge. After seeing UC #2's reaction to
the badge, MATHIS stated, "Don't worry, I'm on your side." Later in the conversation,
MATHIS told UC #2 that he could supply any amount of marijuana that UC #2
requested. MATHIS also agreed to transport marijuana or cocaine from Alabama to
North Carolina for UC #2. Both meetings on August 8, 2013, were consensually
monitored and recorded with audio.
17. A ll drug evidence and monitoring devices were tumed over to your affiant for further
testing and analysis. The drug evidence has been submitted to a laboratory for further
testing and analysis, although no results have yet been received. However, I have
examined the drug evidence, and based on my training and experience, I believe the
substance is marijuana, a Schedule I controlled substance.
Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 8 of 8
18. Based upon the evidence and the facts set forth in this affidavit, there is probable cause to
believe that on or about August 8, 2013, in the Northem District of Georgia, D A R R E LL
MATHIS committed violations of federal law, namely, Possession with Intent to
Distribute and Distribution of Marijuana, a Schedule I Controlled Substance, in violation
of Title 21, United States Code, Section 841(a)(1) and (b)(1)(D), and Using and Carrying
a Firearm During and in Relation to a Drag Trafficking Crime, in violation of Title 18,
United States Code, Section 924(c).