Affidavit of Gina Galantino in Support of Criminal Complaint — United States v. Smith (D. Mass., Document 1-1)

Summary

An Affidavit of Gina Galantino in Support of Criminal Complaint, filed March 20, 2024 as Document 1-1 in Case 1:24-mj-01178. Galantino, a Special Agent with the ATF, seeks a criminal complaint against Melvin SMITH for being a felon in possession of a firearm in violation of Title 18, United States Code, Section 922(g)(1). The affidavit states that on or about February 14, 2024, officers executing a federal search warrant found a .380 caliber semi-automatic pistol loaded with six rounds under a mattress in Room B, which SMITH was seen exiting. It also states that a prior conviction carried a potential sentence exceeding one year, and it concludes there is probable cause.

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             Case 1:24-mj-01178 Document 1-1 Filed 03/20/24 Page 1 of 5




   AFFIDAVIT OF GINA GALANTINO IN SUPPORT OF CRIMINAL COMPLAINT

        I, Gina Galantino, state:

                              Introduction and Affiant Background

        1.      I am a Special Agent with the federal Bureau of Alcohol, Tobacco, Firearms and

Explosive (“ATF”) and have been so employed since 2020. I am currently assigned to the

Boston Field Office. I am a graduate of the Federal Law Enforcement Training Center, where I

completed ATF Special Agent Basic Training and the Criminal Investigator Training Program.

During the course of my law enforcement career, I have participated in the execution of state and

federal search and/or arrest warrants for violations of firearms and controlled substance laws.

        2.      As a Special Agent for ATF, some of my duties include conducting criminal

investigations into cases of illegal possession/transfer of firearms, firearms trafficking, and drug

trafficking. Through my training, knowledge, and experience, I have become familiar with the

habits, methods, routines, practices, and procedures commonly employed by persons engaged in the

illegal use and trafficking of firearms and controlled substances and the unlawful use or possession

of firearms. I have been the affiant on affidavits in support of federal search warrants and arrest

warrants. I have participated in and performed surveillance and made arrests of firearms and

narcotics traffickers who utilize their electronic devices and/or computer equipment to further their

illegal activity. During the course of my professional experience, I have interviewed numerous

defendants, witnesses, victims, confidential informants, and other police officers regarding the

illegal use and trafficking of firearms and controlled substances and the unlawful use or possession

of firearms. As a result of my training and experience, and information provided to me by other


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law enforcement officers, I have an understanding of the various roles played by individuals or

groups involved in the trafficking of controlled substances and firearms. I have interviewed

admitted drug traffickers, drug users, informants, cooperating defendants, and local, state, and

federal law enforcement officers regarding the manner in which drug traffickers distribute,

obtain, finance, store, manufacture, transport, and distribute illegal drugs. As such, I am familiar

with the methods, routines, and practices of individuals involved in the use, sale, and trafficking

of narcotics, including those involving purchasing, manufacturing, storing, and distributing

controlled substances, the collection and laundering of illegal proceeds, and the efforts of

persons involved in such activities to avoid detection by law enforcement. I am also familiar

with the terminology and slang commonly employed by drug traffickers. I have observed and

examined numerous types of controlled substances and I am familiar with the packaging, pricing

structure, distribution methods, and street jargon associated with their sale and use. I have also

encountered and become familiar with the various tools, methods, trends, and paraphernalia used

by drug traffickers and trafficking organizations in their efforts to import, conceal, manufacture,

and distribute controlled substances.

       3.      I submit this affidavit in support of a criminal complaint against Melvin SMITH

for being a felon in possession of a firearm, in violation of Title 18, United States Code, Section

922(g)(1) (the “Target Offense”). As set forth below, there is probable cause to believe that

SMITH committed the Target Offense.

       4.      The facts in this affidavit come from my personal observations and review of

records, my training and experience, and information obtained from other investigators and

witnesses. This affidavit is submitted for the limited purpose of establishing probable cause for


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the issuance of the requested criminal complaint and arrest warrant. Accordingly, I have not

included each and every fact known to me and other investigators involved in this investigation.

                                      PROBABLE CAUSE

       5.      On or about February 14, 2024, federal agents and state law enforcement officers

executed a federal search warrant at 42 Harrison Archway, Unit #4262, in Boston, MA and a

federal arrest warrant for Heath Street Gang member/associate, Michael Riley. The

officers/agents knocked and announced themselves before entering the location. When

officers/agents entered the location, a female party exited a bedroom (“Room B”) and entered the

hallway. Next, a male party later identified as Melvin SMITH, also exited Room B. Both parties

were detained in the hallway by investigators. A short time later, Michael Riley exited a different

bedroom (“Bedroom A”) and was arrested pursuant to a federal arrest warrant.

       6.      After Riley was arrested, and SMITH and the female party were detained,

officers/agents secured the location for their safety and to conduct the search pursuant to the

search warrant. Room B was searched. During the search of Room B, numerous items were

seized, including: (1) a FEG Mod. SMC, .380 caliber semi-automatic pistol (with an obliterated

serial number) which was loaded with six (6) rounds of .380 caliber ammunition and was located

under the mattress of a bed in Room B; (2) a box containing twenty-four (24) rounds of .380

caliber ammunition which was located in the first drawer of the dresser in Room B; and (3)

suspected controlled substances from the dresser in Room B. As noted above, officers/agents

observed SMITH exiting from Room B when they entered the apartment to execute the above-

referenced warrants. Officers/agents also found various pieces of evidence consistent with Room

B being used by SMITH, including mail in his name from the American Association of Retired


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Persons (“AARP”). In addition, Boston Housing Authority confirmed that SMITH is listed on

the lease for Unit #4262 as the Head of Household. SMITH was subsequently arrested on state

firearm and drug charges.

       7.      An ATF agent conducted a preliminary analysis of the FEG Mod. SMC, .380

caliber semi-automatic firearm seized from SMITH’s room. The agent concluded that the

firearm was manufactured in Budapest, Hungary, and imported into Harrisburg, Pennsylvania.

Thus, the firearm found in SMITH’s room had traveled in interstate and foreign commerce.

       8.      At the time that the firearm was recovered in SMITH’s possession, based upon

my review of public records, I am aware that SMITH had been convicted of an offense for which

the potential sentence exceeded one year. As an example, on or around 2005, SMITH was

convicted in Massachusetts state court of Manslaughter and sentenced to a term of imprisonment

of nineteen (19) years to nineteen (19) years and one (1) day. Given this long sentence of

incarceration, not only was SMITH convicted of an offense for which the potential sentence

exceeded one year, SMITH also had knowledge of this fact. Based on my review of public

records, I am further aware that SMITH had been convicted in this District in or around 1995 of

violating Title 18, United States Code, Section 922(g)(1).




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                                        CONCLUSION

       9.      Based upon the foregoing, I submit there is probable cause to believe that, on or

about February 14, 2024, Melvin SMITH was a felon in possession of a firearm in violation of

Title 18, United States Code, Section 922(g)(1).



                                         _____________________________________________
                                         Special Agent Gina M. Galantino
                                         Bureau of Alcohol, Tobacco, Firearms and Explosives




Subscribed and sworn to before me telephonically in accordance with the requirements of

Federal Rule of Criminal Procedure 4.1 on March 20, 2024.

        11:09 a.m.

                                         _____________________________________________
                                                         _______
                                         HON. DAVID H. ENN
                                                       HENNESSY
                                         UNITED STATES MAGISTRATE JUDGE




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