Criminal Complaint and Affidavit — United States v. Marlon Blake, No. 6:20-cr-00064 (M.D. Fla.)

Summary

A Criminal Complaint with an Affidavit in Support, Document 13, filed 03/26/20, Case 6:20-cr-00064-RBD-LRH (complaint No. 6:20-mj-1218), United States of America v. Marlon Blake, Middle District of Florida. It charges 18 U.S.C. § 111, described as Assault on a federal agent, on or about March 15, 2020, in the county of Orange. In the affidavit, Deportation Officer Josfer Moinelo of DHS/ICE states that, during an enforcement operation to arrest the defendant on an immigration warrant, the defendant pulled away from officers, pushed one officer and struck another officer's face, and that oleoresin capsicum spray was used. The defendant received first aid at a hospital for scratches. The jurat block names Embry J. Kidd, United States Magistrate Judge.

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“Criminal Complaint and Affidavit — United States v. Marlon Blake, No. 6:20-cr-00064 (M.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-6-20-cr-00064-dkt-13-m-d-fla-90f4d890ad/, SHA-256 93887549d09fb564a2713fc8e96507b827c00b5e6772bad368b4773c2ec13bd5.

Full text

Case 6:20-cr-00064-RBD-LRH Document 13 Filed 03/26/20 Page 1 of 5 PageID 27

AO 91 (Rev. I 1/11) Criminal Complaint

UNITED STATES DISTRICT COURT
for the
Middle District of Florida

United States of America )
V. )
Marlon Blake ) Case No.
) 6:20-mj- 1218
)
)
)
Defendant(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best ofmy knowledge and belief.
On or about the date(s) of March 15, 2020 in the county of Orange in the
Middle F_lo_ri _d _a ___ , the defendant(s) violated:
District of ____
Code Sec/ion Offense Description
18 U.S.C. § 111 Assault on a federal agent.

This criminal complaint is based on these facts:

l'lf Continued on the attached sheet.

Printed name and title

Sworn to before me and signed in my presence.

Date:
Judge's signature

City and state: Orlando, FL Josfer Moinelo, Deportation Officer
Printed name and title
Case 6:20-cr-00064-RBD-LRH Document 13 Filed 03/26/20 Page 2 of 5 PageID 28

STATE OF FLORIDA
CASE NO. 6:20-mj- 1218
COUNTY OF ORANGE

AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT

1. I, Josfer Moinelo, having been duly sworn, hereby make the following

statement in support of the attached criminal complaint:

2. I am a Deportation Officer (DO) with the Department of Homeland

Security, United States Immigration and Customs Enforcement (DHS/ICE), and

have been employed with DHS/ICE for thirteen (13) years. I am currently

appointed as a Task Force Officer assigned to Homeland Security Investigations,

Orlando, Florida

3. The information contained in this affidavit is based on my

investigation and information provided to me by other law enforcement officers and

agents, and information contained within various government databases and

records. Because this affidavit is submitted for the limited purpose of establishing

probable cause to support the filing of a criminal complaint, I have not included

details of all aspects of my investigation. Rather, I have set forth only those facts I

believe are necessary to establish probable cause that a violation of federal law has

been committed.

4. This affidavit is submitted for the sole purpose of establishing probable

cause that Marlon BLAKE, did knowingly and intentionally assault an

Immigration and Customs Enforcement Officer in violation of Title 18 U.S.C. §

111.
Case 6:20-cr-00064-RBD-LRH Document 13 Filed 03/26/20 Page 3 of 5 PageID 29

INVESTIGATIVE BACKGROUND
5. On March 15, 2020, The Orlando Enforcement and Removal

Operations (ERO), Fugitive Operation Unit, arrived to conduct a knock and

talk at the last known address of BLAKE, Marlon who has an alien file (Axxx

xxx 285) and is the target of an administrative operation. Upon arriving to the

residence, Deportation Officer (DO) Steve Sampson knocked at the door and

BLAKE answered the door. DO Sampson and DO Edgardo Centeno identified

BLAKE using a photograph from his Florida Driver's License records. DO

Sampson identified himself as a law enforcement officer and asked BLAKE if he

could step outside of his residence to which BLAKE did. All officers involved in

this operation were wearing agency issued body armor with Police/Federal

Officer plaques highly visible.

6. While outside of the residence, DO Sampson informed BLAKE

that he had an immigration arrest warrant. BLAKE stated, "I am not going

anywhere" and "don't touch me" and seemed agitated and requested to see the

warrant. DO Sampson and DO Centeno attempted to talk to him to calm him

down. BLAKE continued to seem upset and began to move closer towards DO

Sampson in an aggressive manner. DO Centeno attempted to restrain BLAKE

by applying handcuffs. BLAKE pulled his arms away and ignore all verbal

commands given by the officers. DO Vliet and DO Velez also approached

BLAKE, provided verbal commands and attempted to restrain him but he

continued to pull his arms away. DO Vliet gave the command to stop resisting
Case 6:20-cr-00064-RBD-LRH Document 13 Filed 03/26/20 Page 4 of 5 PageID 30

and prepared his agency issued Oleoresin Capsicum (OC) spray for deployment.

7. DO Vliet deployed his OC spray engaging BLAKE in the face area.

DO Sampson, DO Centeno, DO Velez and DO Vliet were also affected by the

Oleoresin Capsicum (OC) spray. Officers continued attempting to apply

handcuffs post Oleoresin Capsicum (OC) spray to BLAKE but he kept moving

his arms away every time an officer reached for them. BLAKE pushed DO

Sampson causing him to fall, and flailed his arms around, striking DO Velez in

right side of his face. BLAKE also pushed DO Vliet and started running away

from the officers to avoid his arrest. DO Sampson recovered from his fall and

tackled BLAKE by the driveway. BLAKE grabbed DO Sampson's agency

issued body armor close to DO Sampson right shoulder, enabling him to move

and effect the arrest. Multiples loud, audible commands were given to BLAKE

during his resistance, but he continued to actively resist the officers by pulling

away and not allowing himself to be secured. DO Sampson, DO Velez, DO

Centeno and Homeland Security Investigations (HSI) Special Agent (SA) Perez

were able to properly place handcuffs on BLAKE.

8. Customs and Border Protection Officer (CBPO) Bravo called

Emergency Medical Services (EMS). EMS arrived at the scene and BLAKE was

transported to the Orlando Health Central Hospital where he received first aid

for scratches suffered during the incident. BLAKE was later discharged from the

hospital and transported to the Orange County Jail.
Case 6:20-cr-00064-RBD-LRH Document 13 Filed 03/26/20 Page 5 of 5 PageID 31

9. Based on the above facts, the undersigned affiant believes there is

probable cause to believe that BLAKE did forcibly assault, resist, oppose, impede,

intimidate or interfere with Deportation Officers, a person designated in 18 U.S.C. §

1114, while engaged in or on account of the performance of official duties, in

violation of 18 U.S.C. § 111.

10. This concludes myaffidavit.

J r o· elo, Deportation Officer
U.S. Immigration and Customs
Enforcement

Subscribed and sworn to before me
This_ day ofMarch 2020.

The Honorable Embry J. Kidd
United States Magistrate Judge

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