Criminal Complaint — United States v. Mitchell Bergeron (Western District of Texas, Document 1)

Summary

This is a Criminal Complaint filed October 18, 2021 in the Western District of Texas against Mitchell Bergeron, Case No. MO:21-MJ-405-1, sworn by Anthony Rossman of the Odessa Police Intelligence Unit before Magistrate Judge Ronald C. Griffin. It charges that on or about October 14, 2021 in the county of Ector he possessed with intent to distribute and distributed a controlled substance, namely actual methamphetamine, 50 grams or more. In the affidavit, Rossman states that officers executing a search warrant on the trailer located 441.6 grams of methamphetamine, packaging materials, scales and a pistol. It states that Bergeron was read his Miranda Warning and said he wished to have an attorney present. It also states a ten (10) year minimum mandatory term of imprisonment if he is convicted.

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“Criminal Complaint — United States v. Mitchell Bergeron (Western District of Texas, Document 1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-bergeron-dkt-1-w-d-tex-0534ca2fac/, SHA-256 ed700bac895cd84b11e9853ae69541f37caf38bc80da1ca91acf3dfb416b88d4.

Full text

Case 7:21-mj-00405-RCG Document 1 Filed 10/18/21 Page 1 of 3
AO 91 (Rev. 08/09) Criminal Complaint

UNITED STATES DISTRICT COURT FILED
for the October 18, 2021
Western District of Texas
__________ __________ CLERK, U.S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS

United States of America ) S. Trevino
BY: ________________________________
v. ) DEPUTY
) Case No. MO:21-MJ-405-1
Mitchell Bergeron )
)
)
Defendant(s)

CRIMINAL COMPLAINT

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 October 14, 2021 in the county of Ector in the
Western District of Texas , the defendant(s) violated:

Code Section Offense Description
21 U.S. Code 841(a)(1), Possess with intent to distribute and to distribute a controlled substance,
21 U.S. Code 841(b)(1)(A) namely, actual methampetamine, 50 grams or more

This criminal complaint is based on these facts:
See attached

✔ Continued on the attached sheet.
u

/s/ Anthony Rossman
Complainant’s signature

Anthony Rossman,Odessa Police Intelligence Unit
Printed name and title

Sworn to before me and signed in my presence.

10/18/2021
Date:
Judge’s signature

City and state: Midland, Texas Ronald C. Griffin, U.S. Magistrate Judge
Printed name and title
Case 7:21-mj-00405-RCG Document 1 Filed 10/18/21 Page 2 of 3

AFFIDAVIT

I, Anthony Rossman, Intelligence Division Officer with the Odessa Police Department
being first duly sworn, deposes and states as follows:

1. I am an investigative or law enforcement officer of the Odessa Police Department. I have
been employed as a peace officer with the Odessa Police Department for approximately
seven years. For seven and one half years, I was assigned to the Patrol Division. For the
past 3 months, I have been assigned to the Intelligence Division investigating narcotics,
VICE, major offenses, and other crimes requiring in depth investigations. I am currently
assigned to the investigation of Mitchell BERGERON. Specifically, BERGERON is
accused of committing an offense against the United States by conspiring to possess with
intent to distribute more than 50 grams of actual methamphetamine, in violation of 21
United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846.

2. The sole purpose of this affidavit is to establish that there is probable cause to believe that
BERGERON is engaged in specific criminal activity. This affidavit is made, in part, on
the personal knowledge derived from participation in this investigation and, in part, upon
information and belief. The source of information and belief are: oral and written reports
about this investigation that have been received, either directly or indirectly from other
local law enforcement officers. This affidavit does not contain all information known to
law enforcement officers concerning this matter.

3. In the month of October 2021, the Odessa Police Department received a source of
information that a heavyset male who resided in an RV near the area of Ave F. and W 16th
St was involved in the distribution of narcotics to wit: Methamphetamine. An open source
research utilizing Accurint, identified this subject as BERGERON.

4. On 09/02/2021, Odessa Police Department conducted surveillance at the RV and observed
a male leaving from the trailer that matched the description of the tip received. A traffic
stop was conducted on the vehicle and subject was positively identified as BERGERON.
Upon contact with BERGERON, affiant could smell an odor of marijuana emitting from
the vehicle. During a probable cause search of BERGERON’s vehicle, affiant located
approximately .8 grams of marijuana as well as synthetic urine used to falsify results of a
drug test, which BERGERON advised he just used to take a drug test.

5. Based on the items located during the search and the information previously provided to
law enforcement, affiant applied for a search warrant through the Ector County District
Court and a search warrant was granted for the trailer by an Ector County District Judge.
During the execution of the search warrant, officers located 441.6 grams of
methamphetamine as well as a large quantity of packaging materials, scales, and a Ruger
LCP .380 pistol. The packaging materials consisted of a large quantity of baggies and
rubber bands that were consistent with the packaging some of the methamphetamine was
found in, and the scale was near the packaging and had drug residue of the face of the scale.
BERGERON was the sole occupant living in the RV, and multiple papers were located
throughout the trailer with BERGERON’s info. The methamphetamine, packaging
material, and drug paraphernalia was located through the entirety of the RV to include the
Case 7:21-mj-00405-RCG Document 1 Filed 10/18/21 Page 3 of 3

kitchen, bedroom, living room, and inside of numerous cabinets.

5. Bergeron was read his Miranda Warning to which he advised that he understood, but
advised that he wished to have an attorney present.

6. AUSA Shane A. Chriesman was notified and agreed to prosecute the case.

FEDERAL CRIMINAL VIOLATIONS

7. On or about October 14th, 2021, BERGERON did, in the Western District of Texas,
possess with intent to distribute and to distribute a controlled substance, which offense
involved 50 grams or more of actual methamphetamine, contrary to Title 21, United States
Code, Sections 841(a)(1) and 841(b)(1)(A), in violation of Title 21, United States Code,
Section 846. If convicted of this charge, BERGERON faces a ten (10) year minimum
mandatory term of imprisonment, up to life; a five (5) year minimum mandatory term of
supervised release; a maximum $10 million fine; and a $100 special assessment fee.

/s/ Anthony Rossman
_______________________________
Cpl. Anthony Rossman
Odessa Police Department
Intelligence Divison

Sworn and Subscribed before me this 18th
_______ day of October, 2021.

_______________________________
Ronald C. Griffin
United States Magistrate Judge

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