Complaint — United States v. Jessy Castro (S.D.N.Y., Dkt. 1, December 10, 2021)

Summary

Complaint in United States v. Jessy Castro, 1:21-mj-11874-UA (21MAG11874), in the U.S. District Court for the Southern District of New York, Document 1, filed December 10, 2021. Count One (Narcotics Trafficking) cites Title 21, United States Code, Section 841(a)(1) and Section 841(b)(1)(C) for a quantity of mixtures containing cocaine base on or about December 9, 2021. Count Two (Firearms Offense) cites Title 18, United States Code, Sections 924(c)(1)(A)(i) and 2. The affidavit of Victor Defense, a Detective with the New York City Police Department, states that an undercover officer received two yellow capsules of suspected crack cocaine in exchange for $20 and that law enforcement observed a firearm during the arrest.

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          Case 1:21-mj-11874-UA Document 1 Filed 12/10/21 Page 1 of 5



Approved: _____________________________                  21MAG11874
          DAVID J. ROBLES
          Assistant United States Attorney

Before:      HONORABLE JAMES L. COTT
             United States Magistrate Judge
             Southern District of New York
- - - - - - - - - - - - - - - - - - X
UNITED STATES OF AMERICA            :           COMPLAINT
                                    :
        - v. -                      :           Violations of
                                    :           21 U.S.C. § 841 and 18
JESSY CASTRO,                       :           U.S.C. §§ 924(c) and 2
                                    :
       Defendant.                   :           COUNTY OF OFFENSE:
                                    :           BRONX
- - - - - - - - - - - - - - - - - - X

SOUTHERN DISTRICT OF NEW YORK, ss.:

          VICTOR DEFENSE, being duly sworn, deposes and says that
he is a Detective with the New York City Police Department (the
“NYPD”), and charges as follows:

                                COUNT ONE
                         (Narcotics Trafficking)

     1.   On or about December 9, 2021, in the Southern District
of New York and elsewhere, JESSY CASTRO, the defendant,
intentionally and knowingly distributed and possessed with intent
to distribute a controlled substance, in violation of Title 21,
United States Code, Section 841(a)(1).

     2.   The controlled substance involved in the offense was a
quantity of mixtures and substances containing a detectable amount
of cocaine base, in violation of Title 21, United States Code,
Section 841(b)(1)(C).

             (Title 21, United States Code, Section 841.)

                                 COUNT TWO
                            (Firearms Offense)

     3.   On or about December 9, 2021, in the Southern District
of New York and elsewhere, JESSY CASTRO, the defendant, during and
in relation to a drug trafficking crime for which he can be
       Case 1:21-mj-11874-UA Document 1 Filed 12/10/21 Page 2 of 5



prosecuted in a court of the United States, namely, the narcotics
trafficking offense charged in Count One of this Complaint,
knowingly did use and carry a firearm, and, in furtherance of such
crime, did possess a firearm, and did aid and abet the use,
carrying, and possession of a firearm.

 (Title 18, United States Code, Sections 924(c)(1)(A)(i) and 2.)

     The bases for my knowledge and the foregoing charges are,
in part, as follows:

           4.  I am a Detective with the NYPD. I have been
personally involved in the investigation of this matter.     This
Affidavit is based upon my personal participation in the
investigation, my examination of reports and records, and my
conversations with other law enforcement officers and other
individuals. Because this Affidavit is being submitted for the
limited purpose of demonstrating probable cause, it does not
include all the facts that I have learned during the course of my
investigation. Where the contents of documents and the actions,
statements, and conversations of others are reported herein, they
are reported in substance and in part, except where otherwise
indicated.

          5.   Based on my participation in this investigation,
including my conversations with other law enforcement officers and
my review of law enforcement reports and records, as well as my
training and experience, I have learned the following, in substance
and in part:

                a.   On or about December 9, 2021, at approximately
10:36 p.m., an undercover law enforcement officer (“UC-1”)
approached an individual, later identified as JESSY CASTRO, the
defendant, in the vicinity of 159 East 170th Street in the Bronx,
New York (“Location-1”). UC-1, who was wearing a concealed video-
recording device, asked CASTRO for “hard.” Based on my training
and experience, as well as my review of law enforcement records,
I know that “hard” is a street reference for cocaine base, commonly
known as “crack cocaine.”

               b.     CASTRO told UC-1, in sum and substance, that
he did not have any “hard” to sell. UC-1 then left Location-1.

              c.   As UC-1 was walking away, CASTRO called out to
UC-1. UC-1 returned to meet CASTRO, who asked UC-1, in sum and
substance, how much UC-1 was looking to purchase.      UC-1 told
CASTRO, in sum and substance, that UC-1 wanted to purchase two

                                   2
       Case 1:21-mj-11874-UA Document 1 Filed 12/10/21 Page 3 of 5



“dimes.” Based on my training and experience, I know that a “dime”
refers to a $10 bag of crack cocaine.

               d.   UC-1, who was still wearing a concealed video
recording device, then followed CASTRO into a laundromat in the
vicinity of 1402 Wythe Place in the Bronx, New York (“Location-
2”).   Once inside Location-2, CASTRO handed UC-1 two yellow
capsules of suspected crack cocaine in exchange for $20 in pre-
recorded buy money. UC-1 and CASTRO then left Location-2.

               e.      Shortly thereafter, law enforcement –- who
had been surveilling CASTRO as he walked out of Location-2 with
UC-1 and never lost sight of CASTRO after he left Location-2 -—
approached CASTRO and attempted to place him under arrest. CASTRO
began to run away.    Law enforcement caught up with CASTRO and
attempted to place him under arrest. While doing so, CASTRO became
combative and attempted to reach for his waistband. After a short
physical struggle, which resulted in CASTRO dropping his jacket
and being taken down to the ground, law enforcement observed a
firearm (the “Firearm”) under CASTRO’s person. CASTRO was placed
under arrest. At the scene, law enforcement also searched CASTRO’s
jacket and recovered, among other things, the pre-recorded buy
money that UC-1 had provided CASTRO moments earlier, as well as
approximately 38 additional vials of suspected crack cocaine.
CASTRO was then taken to the 44th Precinct for processing.

               f.   While at the 44th precinct, CASTRO was given
Miranda warnings and participated in a video recorded post-arrest
interview. During the interview, CASTRO admitted, in sum and
substance, that he had sold had crack cocaine to UC-1, that the
additional vials of suspected crack cocaine found in his jacket
belonged to him, and that he had obtained the Firearm in or around
2019.




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       Case 1:21-mj-11874-UA Document 1 Filed 12/10/21 Page 4 of 5



               g.   Law enforcement vouchered the Firearm at the
44th Precinct. The Firearm, a black .380 caliber Norinco pistol,
was loaded and had 6 rounds of ammunition, including one round in
the chamber of the Firearm. A photograph of the Firearm taken by
law enforcement at the 44th Precinct is depicted below:




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       Case 1:21-mj-11874-UA Document 1 Filed 12/10/21 Page 5 of 5



     WHEREFORE, I respectfully request that JESSY CASTRO, the
defendant, be imprisoned or bailed, as the case may be.



                                  /s/ Victor Defense with permission
                                 _______________________________
                                 VICTOR DEFENSE
                                 Detective
                                 New York City Police Department

Sworn to me through the
transmission of this Complaint
by reliable electronic means,
this 10th day of December, 2021.


_______________________________
_ HONORABLE JAMES L. COTT
United States Magistrate Judge
Southern District of New York




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