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FILED BY D.CJUN 2 7 2016STEVEN M. LARIMORECLERK U.S. DIST. CT.S.D. OF FLA. FT. LAUD.AO 91 (Rev. 08/09) Criminal ComplaintUNITED STATES DISTRICT COURfor the Southern District of FloridaUnited States of Americav.Lazaro Mora Gutierrez,Defendant(s))))Case No. 16-6302-PMH)))CRIMINAL COMPLAINTI, the complainant in this case, state that the following is true to the best of my knowledge and belief.On or about the date(s) of J_u_ne 2_5 , 2_0_1 6 in the county of Br_o_w_a_rd in the SouthernDistrict ofFlorida -,the defendant(s) violated:Code Section18 U.S.C. § 111(a)(1) & (b)Offense DescriptionForcibly assaulting, resisting, opposing, impeding, intimidating or interfering with an employee of an agency in a branch of the United States Government while such employee was engaged in the performance of official duties and with a deadly weapon.This criminal complaint is based on these facts:SEE ATTACHED AFFIDAVITContinued on the attached sheet.Clancy Dunnigan, Special Agent, HSIPrinted name and titleSworn to before me and signed in my presence.Date:06/27/2016City and state:Ft. Lauderdale, Florida-Patrick M. Hunt, U.S. Magistrate JudgePrinted name and titleAFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINTI, Clancy Dunnigan, a Special Agent with the United States Department of Homeland Security, Homeland Security Investigations ("HSI"), being first duly sworn, hereby depose and state as follows:I am a Special Agent with HSI under Immigration and Customs Enforcement ("ICE"), United States Department of Homeland Security. I have been employed as a Special Agent since March 2008 and am presently assigned to the Fort Lauderdale Field Office, Public Safety Group, where I am responsible for conducting criminal investigations pertaining to matters of public safety/national security. Previous to this assignment, I was assigned to the Miami Field Office, Counter Proliferations Group, where I was responsible for conducting criminal investigations pertaining to export violations related to military and dual use technologies. As a Special Agent with HSI, I have received training related to the enforcement of federal statutes governing matters of immigration and customs.The information contained in this affidavit is based on my personal knowledge and investigation, as well as information relayed to me by witnesses and other law enforcement officers involved in this investigation. The information set forth in this affidavit is provided solely for the purpose of establishing probable cause for the arrest of the individual identified as Lazaro Mora Gutierrez and as such, this affidavit does not include every fact known to me about this investigation.On June 25, 2016, at approximately 2000 hours, HSI Fort Lauderdale special agents were notified that Marine Interdiction Agents (MIA) from Miami Customs and Border Protection (CBP) Air and Marine Operations (AMO) had responded to a call for assistance from the United States Coast Guard (USCG) regarding eleven (11) suspected undocumented Cubansattempting to make entry near the Dania Beach Pier in Dania Beach, Florida. The subjects were found to be aboard a homemade vessel powered by a four cylinder Honda outboard motor. Once encountered by USCG and CBP/OAM, the eleven subjects, who were armed with knives, machetes and other weapons, became agitated and began making threatening gestures with the weapons at the responding law enforcement personnel. This continued to such a level that one of the subjects stabbed himself with a knife.Marine Interdiction Agent (MIA) Wilson, armed with his issued M4, and Agent Samples, armed with a pepper ball gun, took cover positions and commanded the subjects to drop their weapons, turn off the motor and put their hands in the air. These commands were ignored. One migrant located near the stern of the vessel threw a machete at MIA Wilson and MIA Samples. The machete flew through the air at a low level and hit the port bow of the CBP vessel. Agent Samples then fired the pepper ball launcher into the chest of the subject who had thrown the machete, forcing him to lie down on the floor of the vessel. At the same time, another subject wearing a dark ball cap and a greyish colored shirt, later identified as GUTIERREZ, began wrestling with another subject on the boat while appearing to attempt to stab himself. Agents continued to order the subjects to drop their weapons, turn off the motor and put their hands in the air, but again, these commands were ignored.A short time later, MIA Wilson checked over his boat into the migrant vessel to gain a better view of the subject who threw the machete at the CBP vessel, as he was lying on the deck of the boat with another knife within his reach. While doing so, MIA Wilson observed movement on his right and within close proximity of his body. It was at this time that GUTIERREZ, holding a machete, took multiple swings with the weapon at MIA Wilson with intent to make damaging contact. MIA Wilson, who felt in fear for his safety, was able to moveout of the path of the machete while he continued to command GUTIERREZ to drop the machete and put his hands in the air. GUTIERREZ then dropped the machete, but immediately picked up another knife and again tried to stab himself.Multiple attempts to stop the migrant vessel failed, and given the situation with the subjects attempting to injure themselves and putting others at risk , the vessel was able to get within feet of land, whereupon several of the subjects jumped off the vessel and ran towards the beach, throwing themselves on the ground. The subjects were met on the beach by local law enforcement officers and US Border Patrol (USBP). Five (5) subjects who suffered minor injuries during the encounter, to include GUTIERREZ, were transported to Memorial Regional Hospital in Hollywood , Florida for treatment of injuries and dehydration.Your affiant and HSI Special Agent Charles Schembri went to Memorial Regional Hospital and asked the individual who had been identified as the person who had attempted to stab MIA Wilson with the machete to confirm his identity. This individual advised that his name was Lazaro Mora GUTIERREZ. MIA Wilson then arrived at the hospital and positively identified GUTIERREZ as the person who attempted to strike him with a machete multiple times during the marine encounter.According to Broward Sheriff s Office reports, once the vessel made landfall, GUTIERREZ exited the vessel with a knife in his hand. As a result, officers were forced to employ less than lethal means by shooting GUTIERREZ with bean bag rounds and safely taking him into custody.Based on the foregoing, your affiant respectfully submits that there is probable cause to believe that Lazaro Mora GUTIERREZ did forcibly assault, resist, oppose, impede, intimidate or interfere with an employee of an agency in a branch of the United StatesGovernment while such employee was engaged in the performance of official duties, and did so with a deadly weapon, in violation of Title 18, United States Code, Section 11l(a)(l ) and (b).4669535730245FURTHER YOUR AFFIANT SAYETH NAUGHT.Clancy Dunnigan, Homeland SecuritySworn to and subscribed before me this""2:,-day of June, 2016.HONORAICUNTUNITED STATES MAGISTRATE JUDGEUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NUMBER: 16-6302-PMH -----BOND RECOMMENDATIONDEFENDANT: La_z_a_ro M_o_ra_G_ut_ie_rr_e_z Pre-Trial Detention(Personal Surety) (Corporate Surety) (Cash) (Pre-Trial Detention)iBy:AUEYSTEINBERGLast Known Address:---------What Facility: Agent(s):SA Clancy Dunnigan, HSI(FBI)(SECRET SERVICE)(DEA)(IRS) (ICE) (OTHER) ................
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