2010-08-10 SCHINDLER

Charlie Sutton Webb and Phillip Wade Schindler with the offense of Conspiracy to Possess with Intent to Distribute Heroin in violation of Title 21 U.S.C. 846.

II. FACTS IN SUPPORT OF PROBABLE CAUSE

A. UNDERCOVER PHONE CALLS

  1. On August 2, 2010, a Confidential Human Source (CHS) , provided information concerning heroin trafficking by Juan Svenningsen. The CHS telephonically contacted Juan Svenningsen, which was recorded by FBI and DEA agents, and asked Svenningsen if the CHS could purchase heroin from him. Svenningsen revealed he did have a heroin supplier that he could contact and it would cost between $180 and $200 per gram of heroin. The CHS told Svenningsen he/she wanted to purchase $1000 worth of heroin. Svenningsen revealed this would allow the CHS and Svenningsen to make approximately $200 of profit for 5 grams of heroin.

  2. On August 3, 2010, the CHS telephonically contacted Svenningsen. Svenningsen advised they could meet on August 4, 2010, and the CHS could purchase 5 grams of heroin from "Charles", Svenningsen's supplier. The CHS revealed he/she had met "Charles" previously, but did not know his last name.

  3. On August 4, 2010, the CHS attempted to contact Svenningsen, but was advised by Svenningsen's girlfriend that Svenningsen had gotten a job with Labor Ready and had left for Oklahoma.

  4. On August 5, 2010, the CHS spoke with Svenningsen who was apologetic about not being in town to conduct the heroin transaction. Svenningsen explained that he had the opportunity to transport a large amount of drugs to Kansas for sale. 2010, the CHS spoke with Svenningsen who wanted to conduct the 5 gram heroin transaction on that date. However, the CHS explained he/she did not have the money.

  5. In August 9, 2010, the CHS spoke with Svenninasen who told the CHS he/she (the CHS) could go directly to Svenningsen's supplier of heroin. Svenningsen provided the CHS with the cellular telephone number for "Charles." The CHS telephonically contacted "Charles" and arranged to meet with him for the purchase of 5 grams of heroin.

B. FBI/DEA MONITORED UNDERCOVER TRANSACTIONS

  1. On August 11, 2010, DEA Task Force Officer Carlos Perez, acting in an undercover capacity, along with the CHS, met "Charles" near South Lawn Park in the 4400 block of South Parker Street. identified by the CHS as "Charles" arrived on a yellow Harley Davidson motorcycle, bearing Texas License Plate 3LB467. entered the vehicle that TO Perez and the CHS were in and "Charles" introduced himself. informed "Charles" that he would need to check out the stuff before he gave "Charles" any money. "Charles" provided a clear plastic baggie containing a black tar-like substance to TO Perez. told TO Perez that this was green Jeep Cherokee parked behind them occupied by a white male.

  2. TO Perez provided $900 to "Charles." "Charles" exited the vehicle and got in the Jeep Cherokee. "Charles" got back in the vehicle with TFO Perez and produced another clear plastic baggie, with a larger amount of the black tar-like substance. "Charles" weighed the substance for TFO Perez on a set of digital scales and TFO Perez observed the weight was 5.1 grams.

  3. During the above transaction, FBI and DEA personnel conducted surveillance and observed the arrival of the green Jeep Cherokee. The Jeep Cherokee was displaying Texas License plate Surveillance units followed the Jeep to 4436 Fannin, Amarillo, Texas

  4. On August 12, 2010, TFO Perez fully identified "Charles" as Charlie Sutton Webb, DOB 01/15/1979. The motorcycle driven by Webb showed to be registered to Charlie Webb and Dean Webb of 4303 S. Cline Street in Amarillo, Texas. Forensic lab results for the black tar-like substance showed it to be heroin with a net weight of 4.4 grams and a purity level of 26.9 percent.

  5. On August 26, 2010, TFO Perez telephonically contacted Charlie Webb. Webb and TFO Perez had previously been discussing another 5 gram heroin purchase. Webb explained to TFO Perez that his normal source of supply did not have any heroin. advised he had another source of supply who could obtain the heroin on this date. TFO Perez and Webb agreed to meet at Pride Home Center parking lot located near Northeast 24th and Grand Street in Amarillo, Texas. Surveillance unit began monitoring the parking lot at that time.

  6. Upon TFO Perez's arrival at the parking lot, Webb approached TO Perez's vehicle on foot. Webb was speaking on his cell phone while approaching the vehicle. Webb entered TFO Perez's vehicle and advised that his source of supply would be arriving shortly. A short time later a maroon Nissan SUV arrived in the parking lot. Webb advised that was his source of supply.

  7. TFO Perez provided webb with $900 in US currency for the purchase of the heroin. Webb exited TFO Perez's vehicle and entered the suv, which was occupied by two males. driver had a shaved head and the front right passenger had long, black hair.

  8. Webb then re-entered TFO Perez's vehicle and provided TO Perez with a clear plastic baggie, which contained a black tar- TFO Perez asked if it was good Chiva, a common street term for heroin, and webb advised it was good Chiva. Webb provided a set of digital scales and weighed the baggie, which had an aggregate weight of 6.1 grams as witnessed by TO Perez. Webb then exited the vehicle and left the area

  9. The FBI, DEA and Amarillo Police Department initiated surveillance in support of the heroin buy on August Surveillance was initiated at 4303 South Cline, Webb was observed leaving the residence and was followed to Pride Home Center. Surveillance units observed webb enter TFO Perez's vehicle. Surveillance units then observed webb exit Perez's vehicle and enter a maroon 1998 Nissan Pathfinder displaying Texas license plate 182YVH. The registration shows that the vehicle belongs to John Scott Crabb and Barbara Crabb, 1903 Fannin, Amarillo, Texas.

  10. Forensic lab results for the black tar-like substance purchased on August 26, 2010 revealed the substance was in fact never tie percenta The heroin had a net weight of 4.9 grams and a purity

  11. On September 13, 2010, TFO Perez had a recorded conversation with webb. Webb and TO Perez discussed the purchase of 1 half ounce of heroin. Webb advised it would be possible to purchase this amount. However, Webb advised that 1 half ounce of heroin was actually 12.5 grams because heroin weights are converted differently. Webb advised he would obtain a price for the 1 half ounce of heroin. Webb and TFO Perez also discussed the possibility of TFO Perez purchasing a pistol from Webb. Webb advised he would check on the availability of a pistol.

  12. On September 23, 2010, TFO Perez telephonically spoke with agreed to another 5 gram purchase of heroin for $900. TO Perez and Webb also spoke about possibility of TO Perez being introduced to Webb's supplier for larger purchases.

  13. On September 24, 2010, TO Perez and Webb agreed to meet at 2004 South Coulter, Amarillo, Texas. DEA and. Amarillo Police Department units began surveillance in arrived at 2004 South Coulter driving his yellow motorcycle.. Perez exited his vehicle and made contact with Webb. walked to the Executive Hotel, 2100 South Coulter, Webb proceeded to the second floor of the hotel. Webb returned to TFO Perez's vehicle and produced a clear plastic baggie, which contained a black tar-like substance. produced a set of digital scales. Webb weighed the baggie, which had an aggregate weight of 5.76 grams. TO Perez then provided Webb with $900 in US currency in exchange for the black tar-like

  14. Forensic lab results for the black tar-like substance purchased on September 2010, revealed the substance was in fact heroin. The heroin had an aggregate weight of 4.9 grams and a purity level of 20.8 percent.

  15. FBI DEA and Amarillo PD units observed Webb depart 4303 South Cline. Webb arrived at 2004 South Coulter and met with TFO Webb was observed leaving TFO Perez and walking to the Executive Hotel. Webb returned to TFO Perez and a short time later TFO Perez departed. Surveillance was maintained on the area and units observed the green Jeep Cherokee, which had been observed at the heroin buy on On September 27, TFO Perez established surveillance at room number 245,

  16. TFO Perez observed the green Jeep Cherokee with Texas license plate BR1L557. TO Perez observed a white male exit room 245 and entered the Jeep Cherokee. The male left the area in the Jeep Cherokee and traveled to 4900 South Princeton, A 2001 Ford, with Texas license plate BVV364 was observed parked inside the garage of 4900 South Princeton. The vehicle is registered to Phillip Schindler, 4900

  17. A red SUV displaying Texas license plate X61ZTR arrived at the residence. A tall, skinny, white male exited the vehicle and walked toward the garage of 4900 Princeton. A short time later the white male returned to the vehicle and departed. A red Ford truck with Texas license plate 54MVZ8 then arrived at the residence. The driver exited and met with the white male who had been driving the green Jeep Cherokee. The subject from the red Ford truck then left the area.

  18. Later in the day on September 27, 2010, the green Jeep Cherokee with Texas license plate BR1L557 was parked in the alley behind 2203 South Taylor Street, Amarillo, Texas.

  19. On October 5, 2010, surveillance was initiated at 2203 South The green Jeep Cherokee was observed in front of this 2203 South Taylor is divided into two apartments, A white male was observed walking from apartment B and entering the green Jeep Cherokee. recognized both the vehicle and the white male from the heroin This is also the same vehicle that Executive Hotel during the heroin purchase on The Amarillo Police Department the green Jeep Cherokee, resulted in the positive identification of Phillip Wade Schindler.

Your Affiant believes TO Perez is a credible law enforcement officer. TO Perez has acted in an undercover capacity on numerous occasions and all undercover transactionS involving, Charlie Webb, and Phillip Schindler audio and visual

III. CONCLUSION
Your Affiant submits that based upon the above facts, there to believe Juan Eli Svenningsen, Charlie Sutton Webb and Phillip Wade Schindler have committed the offense of
Conspiracy violation Possess with Intent to Distribute Heroin, in of Title USC 846.

WHEREFORE, I make this affidavit in support of:

  1. The issuance of a criminal complaint and arrest warrant charging Juan Eli Svenningsen, Charlie Sutton webb, and Phillip