You're viewing Docket Item 1 from the case . View the full docket and case details.

Download this document:




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

V.

D A R R E LL MATHIS

CRIMINAL COMPLAINT

C A S E N U M B E R: I:13-MJ-I34I

UNDER SEAL

FILED IN CHAMBERS
U.S.D.C. Atlanta

'

6 2013
-
lATTEN, Clerk

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

() No

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

September 16.2013
Date

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

Affidavit

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.

Probable Cause

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.

1

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

distribution.

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.

2

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

3

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

4

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.

5

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.

6

Case 1:13-mj-01341-RGV Document 1 Filed 09/16/13 Page 8 of 8

Conclusion

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).

7