Federal Drug Conspiracy Fact Summary
On September 3rd, 2002, agents of the, Drug Enforcement Administration (DEA) Task Force met with a confidential source (CS) to set up a controlled buy of a controlled substance. The CS and his vehicle were searched to ensure that he/she had no controlled substance or US Currency in his/her possession. Subsequently, that date, the CS met with John Matheus, for the purpose of discussing a future narcotic transaction. During the meeting, which was monitored by officers, Matheus told the CS that he had a source of supply that was currently in possession of one (1) kilogram of cocaine. During the meeting, Matheus gave the CS a sample that was purported to have come from the kilogram of cocaine. (The officers later performed a presumptive test on the sample and the results of the test were positive for cocaine.)
On the 26th day of September, 2002, the CS arranged for the purchase of five (5) kilograms of cocaine from Matheus, agreeing to meet at 2108 Menefee Street, Arlington, Tarrant County, Texas, to conduct the transaction. The initial transaction was to involve the purchase of one (1) kilogram of cocaine for $17,000.00 in United States currency. Matheus said he would supply an additional four (4) kilograms of cocaine upon the successful completion of the purchase of one kilogram of cocaine.
On this same date at approximately 10:45 p.m., T.F.O. Richard Martinez, acting in an undercover capacity, and the CS went to the residence located at 2108 Menefee Street, Arlington, Tarrant County, Texas. They placed a phone call to Matheus and told him that the CS and Martinez were ready to buy the first kilogram of cocaine. Matheus stated that he was around the corner and would be at the residence in a few minutes.
Approximately five minutes later, Matheus arrived at the residence driving a white Volvo, Texas LP# J13GHB. Matheus told the CS that a second vehicle was on the way to the residence with the cocaine.
About five minutes later, a white Dodge Stratus arrived at the location, being driven by an Hispanic male, later identified as Miguel Guajardo. Matheus approached the vehicle and spoke to Guajardo, who handed him a brown paper sack. Matheus then handed the brown paper sack to the CS, and the CS handed the paper sack to TFO Martinez, who witnessed the entire transaction. Guajardo then left the residence, driving in an east bound direction. Matheus got back in his vehicle and left in the east bound direction. Martinez found a one (1) kilogram brick which later tested positive for cocaine in the paper sack.
Officers followed the vehicles until they could be stopped. Matheus and Guajardo were taken separately into custody. Guajardo had a driver’s license in his possession that listed his residence as 2501 Reever Street, Arlington, Texas.
On the 27th day of September, 2002, at approximately 1:30 a.m., officers and agents went to the residence of Miguel Guajardo, 2501 Reever Street, Arlington, Tarrant County, Texas, where they were admitted into the residence by the defendant, Maria Eduvigas Pina-Gonzalez, Miguel Guajardo¬’s wife, who gave the officers oral and written consent to search the residence
During a search of the residence, officers located and seized approximately eighty-six (86) kilograms of cocaine from the garage and residence. A random presumptive test was conducted on one (1) of the kilogram bricks. The presumptive test was positive for the presence of cocaine. Officers also located and seized one (1) Remingt¬on Model 700 .243 caliber rifle, with, scope, from the closet of a bedroom where fifteen (15) of the eighty-six (86) kilograms of cocaine were located. Officers found a number of other items associated with the smuggling of cocaine, as well as $4,255 in cash, which was located under the mattress.
On October 16, 2002, the defendant Maria Eduvigas Pina-Gonzalez, her husband, Miguel Guajardo and John Matheus was indicted by a Federal Grand Jury with Conspiracy to Possess With Intent to Distribute and to Distribute More than Five Kilograms of a Mixture and Substance containing Cocaine, in violation of 21 U.S.C. § 846 and Distribution of More Than Five Hundred Grams of a Mixture and Substance containing Cocaine, in violation of 21 U.S.C. § 8461(a)(1) and (b)(1)(B). The defendant, Maria Eduvigas Pina-Gonzalez and her husband, Miguel Guajardo were also indicted for Possession With Intent to Distribute More than Five Thousand grams of a Mixture and Substance containing Cocaine, in violation of 21 U.S.C. § 841(a) and (b)(1)(A).
