Criminal Complaint — United States v. Raymond Hernandez (Central District of California, Document 1)

Summary

This is a criminal complaint with an affidavit in the Central District of California, Case No. 2:23-mj-00293-DUTY, against Raymond Hernandez, aka "Silent," charging Felon in Possession of a Firearm on or about December 16, 2022. Special Agent Ulysses Guevara Hugo of Homeland Security Investigations swears that Los Angeles Police Department officers saw one male vandalizing walls of a recreation center and another male, later identified as Hernandez, standing nearby. Hernandez ran, and the officers saw a blue steel semi-automatic handgun thrown over the park fence; it was found in a gutter with a 15-round magazine. A pat down recovered a 30-round magazine with 29 rounds of 9mm ammunition. The affidavit lists six felony convictions.

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“Criminal Complaint — United States v. Raymond Hernandez (Central District of California, Document 1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-mj-00293-dkt-1-c-d-cal-82c5152e40/, SHA-256 12865faf0ae37d3be92e966d02f0d426a9792ff806e3229e2a0cb201fc34033e.

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Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 1 of 8 Page ID #:1
AO 91 (Rev. 11/11) Criminal Complaint (Rev. by USAO on 3/12/20) ‫ ܆‬Original ‫ ܆‬Duplicate Original

UNITED STATES DISTRICT COURT
1/24/2023
for the VAV

FILED
Central District of California CLERK, U.S. DISTRICT COURT

January 24, 2023
United States of America
CENTRAL DISTRICT OF CALIFORNIA
CLD
BY: ___________________ DEPUTY

RAYMOND HERNANDEZ, Case No. 2:23-mj-00293-DUTY
aka “Silent,”

Defendant

CRIMINAL COMPLAINT BY TELEPHONE
OR OTHER RELIABLE ELECTRONIC MEANS
I, 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 December 16, 2022, in the county of Los Angeles in the Central District of

California, the defendant(s) violated:

Code Section Offense Description

18 U.S.C. § 922(g)(1) Felon in Possession of a Firearm

This criminal complaint is based on these facts:

Please see attached affidavit.

_ Continued on the attached sheet.

/s/
Complainant’s signature

Ulysses Guevara Hugo, Special Agent
Printed name and title
Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by telephone.

Date: January 24, 2023
Judge’s signature

City and state: Los Angeles, California Hon. Alka Sagar, U.S. Magistrate Judge
Printed name and title

AUSA:_Jena MacCabe x5046
Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 2 of 8 Page ID #:2

AFFIDAVIT
I, Ulysses Guevara Hugo, being duly sworn, declare and

state as follows:

I. PURPOSE OF AFFIDAVIT

1. This affidavit is made in support of a criminal

complaint and arrest warrant against Raymond Hernandez, aka

“Silent,” (“HERNANDEZ”) for a violation of 18 U.S.C.

§ 922(g)(1): Felon in Possession of a Firearm.

2. The facts set forth in this affidavit are based upon

my personal observations, my training and experience, and

information obtained from various law enforcement personnel and

witnesses. This affidavit is intended to show merely that there

is sufficient probable cause for the requested complaint and

arrest warrant and does not purport to set forth all of my

knowledge of or investigation into this matter. Unless

specifically indicated otherwise, all conversations and

statements described in this affidavit are related in substance

and part only.

II. BACKGROUND OF AFFIANT

3. I am presently assigned as a special agent of Homeland

Security Investigations where I have worked since September 13,

2020. In that capacity, my duties include investigating federal

criminal offenses primarily in the Central District of

California. I am currently assigned to the Special Agent in

Charge Los Angeles Violent Gang Task Force, which investigates

criminal gang activity.

ii
Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 3 of 8 Page ID #:3

4. During my tenure as a special agent, I have

successfully completed approximately 472 hours of instruction of

the Criminal Investigators Training Program, and 536 hours of

instruction of the Homeland Security Investigations Special

Agent Training at the Federal Law Enforcement Training Center in

Glynco, Georgia.

5. Prior to my tenure as a special agent, I was a Customs

and Border Protection officer with U.S. Customs and Border

Protection for eight years. I successfully completed 712 hours

of instruction of the Customs and Border Protection Officer

Basic Training Program at the Federal Law Enforcement Training

Center and have had extensive experience and training in the

investigation of violations of criminal law, such as drug-

trafficking, firearms offenses, transnational criminal

organizations, and financial fraud. I have participated in many

aspects of criminal investigations including the issuance of

subpoenas, reviewing evidence, conducting electronic and

physical surveillance, working with informants, and the

execution of search and arrest warrants. Additionally, I have

interviewed and/or debriefed informants and other witnesses who

had personal knowledge regarding the subject matters of the

investigations in which I have been involved, including drug and

firearms offenses.

III. SUMMARY OF PROBABLE CAUSE

6. On or about December 16, 2022, at approximately 9:40

p.m., Los Angeles Police Department (“LAPD”) Hollenbeck Division
Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 4 of 8 Page ID #:4

Gang Enforcement Detail officers were patrolling the area of 1st

Street and Gless Street in Los Angeles, California, an area that

they knew to be frequented by The Mob Crew (“TMC”), a criminal

street gang. The officers saw a male vandalizing the walls of a

recreation center with spray paint and another male (later

identified as HERNANDEZ) standing nearby as a lookout.

7. As the officers approached the men, HERNANDEZ turned

and ran away from police clutching his waistband. As HERNANDEZ

approached the end of the park, the officers saw HERNANDEZ

retrieve a blue steel semi-automatic handgun from his waistband

and with his right hand throw the handgun over the fence of the

park and onto the southside of 3rd Street. HERNANDEZ then fell

to the ground and was taken into custody without incident.

8. LAPD officers canvassed the area where HERNANDEZ threw

the firearm and located the firearm in the gutter. The firearm

had a 15-round magazine with 14 rounds of 9mm ammunition and one

round of 9mm ammunition in the chamber. During a pat down

search of HERNANDEZ, officers recovered a 30-round magazine with

29 rounds of 9mm ammunition from his front left pants pocket.

9. Before he possessed the handgun, magazine, and

ammunition, HERNANDEZ had sustained six convictions for felony

crimes. On December 29, 2022, a certified Bureau of Alcohol,

Tobacco, Firearms and Explosives (“ATF”) interstate nexus expert

determined that the firearm and ammunition traveled in and

affected interstate commerce.
Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 5 of 8 Page ID #:5

IV. STATEMENT OF PROBABLE CAUSE

10. Based on my review of law enforcement reports,

conversations with other law enforcement agents, and my own

knowledge of the investigation, I am aware of the following:

A. LAPD Officers Observed HERNANDEZ in the Middle of
Criminal Activity

11. According to a police report, on or about December 16,

2022, at approximately 9:40 p.m., LAPD officers assigned to the

Hollenbeck Division Gang Enforcement Detail were patrolling the

area of 1st Street and Gless Street in Los Angeles, California,

an area that they knew to be frequented by TMC, a criminal

street gang.

12. According to a police report, while driving northbound

on Gless Street approaching 1st Street, LAPD officers observed a

male vandalizing the walls of Pecan Park Recreation Center with

spray paint. They also observed another male (later identified

as HERNANDEZ) standing nearby as a lookout.

13. According to a police report, Pecan Park Recreation

Center is a known hangout for TMC gang members. The park is

vandalized daily with graffiti that reads “TMC” or “The Mob

Crew.”

B. LAPD Officers Observed HERNANDEZ Throw a Blue Steel Semi-
Automatic Handgun Over the Park Fence onto 3rd Street

14. According to a police report, as the LAPD officers

approached, HERNANDEZ alerted to their presence and called out

to the suspect vandalizing the walls. When LAPD officers exited

their vehicle to detain HERNANDEZ and the male vandalizing the
Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 6 of 8 Page ID #:6

walls, HERNANDEZ turned and ran away from police clutching his

waistband southbound through the park while the suspect

vandalizing the walls ran northbound through the park. LAPD

officers chased HERNANDEZ on foot and repeatedly gave verbal

commands to stop; however, HERNANDEZ continued to run southbound

through the park. HERNANDEZ continued to run away until he

reached the end of the park where LAPD officers observed

HERNANDEZ retrieve a blue steel semi-automatic handgun from his

waistband and with his right hand, throw the handgun over the

fence of the park onto 3rd Street. HERNANDEZ then fell to the

ground and was taken into custody without incident. LAPD

officers canvassed the area where the gun was thrown and found

it in the gutter in front of 1632 E. 3rd Street. The handgun

had a 15-round magazine with 14 rounds of ammunition and one

round of ammunition in the chamber.

C. A Pat Down Search Incident to Arrest of HERNANDEZ
Revealed a 30-Round Magazine with 29 Rounds of Live
Ammunition

15. According to a police report, once HERNANDEZ was taken

into custody, LAPD officers conducted a pat down search of

HERNANDEZ. During the search, LAPD officers recovered a 30-

round magazine that contained 29 rounds of ammunition in

HERNANDEZ’s front left pants pocket.

D. HERNANDEZ’s Criminal History

16. On January 6, 2023, I reviewed certified conviction

records for HERNANDEZ and learned that HERNANDEZ has previously
Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 7 of 8 Page ID #:7

been convicted of the following felony crimes punishable by a

term of imprisonment exceeding one year:

a. On or about March 8, 2015, a violation of

California Penal Code § 646.9(A): Stalking, in the Superior

Court for the State of California, County of Los Angeles, Case

Number PASGA09594001;

b. On or about August 7, 2012, a violation of

California Health and Safety Code § 11377(a): Possession of a

Controlled Substance, in the Superior Court for the State of

California, County of Los Angeles, Case Number ALHGA08709301;

c. On or about January 15, 2009, a violation of

California Penal Code § 236: False Imprisonment, Penal Code

245(A)(1): Assault with a Deadly Weapon-Not Firearm, Penal Code

422: Terrorist Threats, in the Superior Court for the State of

California, County of Los Angeles, Case Number XEAKA08574801;

d. On or about November 3, 2008, a violation of

California Health and Safety Code § 11377(a): Possession of a

Controlled Substance, in the Superior Court for the State of

California, County of Los Angeles, Case Number PASGA07499101;

e. On or about May 24, 2007, a violation of

California Penal Code § 12021(a)(1): Possession of Firearm by

Felon, in the Superior Court for the State of California, County

of Los Angeles, Case Number XEAKA07927301; and

f. On or about November 14, 2007, a violation of

California Penal Code § 236: False Imprisonment, in the Superior

Court for the State of California, County of San Bernadino, Case

Number FVA700576.
Case 2:23-mj-00293-DUTY Document 1 Filed 01/24/23 Page 8 of 8 Page ID #:8

E. Interstate Nexus

16. On December 29, 2022, an ATF interstate nexus expert

examined the handgun and ammunition seized on December 16, 2022,

and confirmed that the handgun and ammunition were manufactured

outside of the State of California. Because the handgun and

ammunition were found in California, I believe that it has

traveled in and affected interstate commerce.

V. CONCLUSION

17. For all of the reasons described above, there is

probable cause to believe that HERNANDEZ has committed a

violation of 18 U.S.C. § 922(g)(1): Felon in Possession of a

Firearm.

/s/ Ulysses Guevara Hugo
Ulysses Guevara Hugo
HSI Special Agent

Subscribed to and sworn before me
this 24th
____ day of January, 2023.

THE HONORABLE ALKA SAGAR
UNITED STATES MAGISTRATE JUDGE

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