The case was returned by the Grand Jury on November 15. Mr. Berry is presently awaiting trial on these charges.
In Case No: 13-3593-Torres, Tywan Hill has been charged in a criminal complaint with the possession of a firearm by a convicted felon in violation of Title 18 USC section 922(g)(1). The affidavit attested to by a special agent of the Bureau of Alcohol Tobacco and Firearms in support of the complaint alleges, according to the affidavit, duly sworn by the Task Force Officer for the Bureau of Alcohol, Tobacco, Firearms and Explosives, from the Miami Field Office who was previously a Detective with the Miami-Dade Police Department (MDPD) since 2007, probable cause in support of the arrest of Tywan Hill (HILL) was warranted.
One measure of the Task Force Officer's duties is investigating federal firearms violations. The officer has previously been a part of investigations regarding trafficking of firearms, possession of illegal firearms and the use and possession of firearms by persons prohibited by law from using and possessing firearms He has extensive training in his field and experience in his performance.
A description of his sworn affidavit follows:
The affidavit had been given by the Task Force Officer in backing of a violation of Title l8, United States Code, Section 922(g)(l) which resulted in the arrest of Tywan Hill (HILL). This arrest was predicated for the actions of HILL who knowingly possessed a firearm after previously committing of a felony, and being convicted of such offense.
All facts of the investigation are not presented in this document as the single purpose is to establish probable cause supporting the arrest of the suspect. The details comprised in support of this account is based on the investigation conducted by the Task Force Officer as well as data provided to him and by others, including but not limited to other law enforcement authorities.
A burglary in progress call was received and four MDPD officers were dispatched to 2331 N.W. 50th Street in Miami, Florida at roughly 2:30a.m.on Nov. 2, 2013. Arriving at the scene, a number of gunshots were heard by the officers, in the vicinity of the given location. After the gunshots were fired, the officers noticed a Cadillac DTS sedan, which was white in color driving with its headlights off and displaying some apparent damage to the vehicle. The car was heading east on N.W. 50th Street.
The officers began a pursuit of the vehicle utilizing three, separate, plainly marked MDPD cruisers after activating their overhead lights. The vehicle in question didn't attempt to immediately stop as the pursuit continued.
The three police vehicles followed the Cadillac until the driver apparently lost control and came to rest at the corners of N.W. 23rd Avenue and N.W. 50th Street. This occurred at approximately 3:00a.m. The subject from the Cadillac then fled the vehicle by foot and began running northbound. The officers noticed that he was the only occupant in the Cadillac and was attired in blue jeans and a white t-shirt. Pursuing the subject, the officers were then able to apprehend him approximately less than one block from where his vehicle had become immobilized.
At this point, the officers held the subject. Returning to the vehicle, the officers observed the driver's-side door was partially open. They noticed two (2) bullet casings in close proximity to the doorframe on the driver's-side of the car in addition to noticing what seemed to be the handle of a gun which was squeezed between the center console driver's seat and the of the vehicle. It was clearly noticeable from the doorframe on the driver's side.
At this juncture, at approximately 5:20 a.m., the Task Force Officer arrived at the scene. He witnessed the location of the gun, which appeared to him to be a semi-automatic handgun; 45 caliber. He then approached the suspect and instructed him of his Miranda rights. Upon further commentary by the officer, he was asked if he understood the rights and if he was willing to waive them. The suspect affirmed that he did understand the rights relayed to him and consented to waiving them. This was done in writing as well as by oral statement. When questioned about the firearm found in the vehicle HILL stated that he had no knowledge of its presence in the vehicle.
Afterwards, the interior of the Cadillac was photographed by a MDPD crime scene detective. The photos were taken from the bottom of the doorframe on the driver's side which definitively established the position of the firearm and displayed the handle which was evident from that angle. Once the photographer was finished the MDPD officers moved into the vehicle, retrieved the handgun while the crime scene detective processed the entire vehicle and surrounding area. The firearm was a .45 caliber, Auto-ordnance Corp. Semi-automatic handgun, as determined by an ATF task force officer. The serial number was AOC17814.
At a later time, the Task Force Officer was able to ascertain that the handgun removed from HILL'S vehicle was a type that is not manufactured in Florida. Computer records indicated that HILL had previously been convicted of quite a few crimes that carried punishments of sentencing in excess of one (1) year of incarceration.
Replying to the above mentioned facts the Task Force Officer submitted by way of Affidavit that Tywan HILL knowingly possessed a firearm and had previously been convicted of a felony causing his combined actions to prove that there was probable cause supporting his arrest. This statement is based on the violation of Title 1 8, United States Code, Section 922(g)(1).
The Task Force Officer then verbally as well as in writing affirmed the testament he supplied to be "true and correct" to the best of his knowledge, under penalty of perjury.
Hill is expected to be indicted by a federal grand jury for this alleged crime.
In Case NO:13-20855 CR-MOORE PABLO PINTO has been charged in a one count Indictment with Conspiracy and Failure to file a Currency Transaction Report in violation of Title 18 USC section 371 and 5317(c)(1).
The Indictment alleges that PINTO along with a co-conspirator agreed to cash multiple checks at SunTrust Bank just below the $10,000.00 threshold CTR reporting requirement in exchange for payment of approximately 5 percent of the total value of each check cashed. The total involved exceeded half a million dollars. The conspiracy count carries a maximum sentence of five years in jail.