Case: 3:21-mj-05227-DAC Doc #: 1 Filed: 08/25/21 1 of 1.

PageID #: 1
AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
NorthernDistrict
__________ Districtof
of__________
Ohio        FILED 
5:15 pm Aug 25 2021
United States of America ) Clerk U.S. District Court 
v. )
Northern District of Ohio 
CARL DEWAYNE MCLANE
) Case No.
) 3:21mj5227
   Toledo 
)
)
)
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 August of 2021 in the county of Lucas in the
Northern District of Ohio , the defendant(s) violated:

Code Section Offense Description

21 U.S.C. 846, 841(a)(1), (b)(1)(A) Conspiracy to Possess with Intent to Distribute and Distribute a Controlled
Substance

This criminal complaint is based on these facts:

See attached affidavit.

✔ Continued on the attached sheet.

u

Complainant’s signature
6ZRUQWRYLDWHOHSKRQHDIWHU DEA SA Kurtis Jestes
VXEPLVVLRQE\UHOLDEOHHOHFWURQLF Printed name and title
PHDQV)HG5&ULP3DQGG

Date: August 25, 2021

Judge’s signature

City and state: Toledo, Ohio Darrell A. Clay, U.S. Magistrate Judge
Printed name and title
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO – WESTERN DIVISION
AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT

I, Kurt Jestes, Special Agent (SA) with the U.S. Drug Enforcement Administration

(DEA), being duly sworn on oath, depose and state as follows:

INTRODUCTION

1. I am a SA with t he DEA and h a v e served in this capacity since graduating

from the basic agent training program at the DEA Academy in Quantico, Virginia, in December

2005. Following graduation, I was assigned to the Laredo, Texas, District Office from 2006

until April 2012. In April 2012, I was transferred to the Lima, Peru, Country Office where I

continued my assignment until August 2018. After the conclusion of my tour in Lima, Peru, I

was transferred to the Toledo, Ohio, Resident Office where I am currently assigned. Prior to my

employment with DEA, I was employed as a Police Office with the Anne Arundel County,

Maryland Police Department from April 2002 until August 2005. As a Special Agent with DEA,

I am an “investigative or law enforcement officer” of the United States within the meaning of

Title 18, United States Code, Section 2510(7), that is, an officer of the United States who is

empowered by law to conduct investigations of and to make arrests for offenses enumerated

in Title 18, United States Code, Section 2516(1).

2. I have received training and have experience in interviewing and interrogation

techniques, arrest procedures, search and seizure, narcotics, search warrant applications, and

various other crimes. In the course of my training and experience, I have become familiar with

the methods and techniques associated with the distribution of narcotics, the laundering of drug

proceeds, and the organization of drug conspiracies. In the course of conducting these
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investigations, your affiant has been involved in the use of the following investigative

techniques: interviewing informants and cooperating witnesses, conducting physical

surveillance, conducting short-term term undercover operations, analyzing telephone pen register

and caller identification system data, conducting court-authorized electronic surveillance

including the use of tracking devices, and preparing and executing search warrants which have

led to substantial seizures of narcotics, firearms and other contraband.

3. This affidavit is made in support of criminal complaints and arrest warrants for

STEVEN GARCIA-MARTINEZ, JUAN LUIS MARQUEZ, and CARL DEWAYNE MCLANE

for Conspiracy to Possess with Intent to Distribute and Distribute a Controlled Substance, in

violation of Title 21, United States Code, Sections 846 and 841(a)(1), (b)(1)(A), as well as

violations of Title 18, United States Code, Sections 922(g)(1) and 924(c) by STEVEN GARCIA-

MARTINEZ.

4. This affidavit does not include all the information gathered during the course of

this investigation. The following information is based on my personal knowledge, the knowledge

of DEA Special Agents and Task Force Officers, as well as investigations conducted by other

law enforcement entities.

PROBABLE CAUSE

5. The United States, including the DEA, has been conducting a criminal

investigation of STEVEN GARCIA-MARTINEZ, JUAN LUIS MARQUEZ, CARL MCLANE,

and other members of the Garcia Drug Trafficking Organization (Garcia DTO) regarding

violations of 21 U.S.C. §§ 841(a)(1) and 846.

6. On August 18, 2021, United States District Judge James R. Knepp, II, of the

Northern District of Ohio signed and authorized the interception of wire and electronic
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communications to and from cellular telephone number 419-770-8277 (Target Telephone),

which is used by STEVEN GARCIA-MARTINEZ, hereafter referred to as GARCIA. GARCIA

is the head of a drug trafficking organization based in Toledo, Ohio that distributes bulk

quantities of narcotics in Northwest Ohio and the surrounding areas, involving the following

individuals, among others:

a. JUAN LUIS MARQUEZ (MARQUEZ), has been identified in this

investigation as a source of supply and distributor for the Garcia DTO.
MARQUEZ is in charge of the transportation of narcotics that originate in
Mexico and are transported to interior United States cities to include
Chicago, Illinois and Toledo, Ohio. MARQUEZ is currently residing in
Chicago, Illinois, but in June and July of 2021 was residing in Toledo,
Ohio. MARQUEZ has been identified as the user of the Target Cell
Phone based on wire and electronic intercepts as well as law enforcement
databases where MARQUEZ has sent wire transfers where MARQUEZ
utilized the Target Cell Phone number as a form of identification in order
to complete transfers. MARQUEZ is a 27-year-old Hispanic male,
approximately 6'3" tall and 220 pounds who has a criminal history that
includes one theft arrest in 2021 in El Paso, Texas. He was identified in a
DEA El Paso Division investigation as the source of supply of
approximately 4.1 kilograms of heroin that was seized in Alamogordo,
New Mexico in 2019.

b. STEVEN GARCIA-MARTINEZ (GARCIA) has been identified through

a confidential source, other law enforcement investigations, and wire and
electronic intercepts as the head of the Garcia DTO. This DTO is
responsible for distributing multi-kilogram quantities of cocaine, heroin
and fentanyl in the Northwest Ohio area. Recently, GARCIA conversed
with a confidential source about a load of 30 kilograms of cocaine he had
distributed and another cocaine shipment that was pending delivery, as
well as possession of kilogram quantities of fentanyl. Through wire and
electronic intercepts, it has been discovered that GARCIA has
communicated regularly with various individuals, including those who
reside in Mexico, in order to obtain and distribute narcotics. GARCIA
was convicted of Trafficking in Drugs in Allen County, Ohio in 1987. In
2000, GARCIA was convicted in the United States District Court for the
Northern District of Ohio of a Conspiracy to Distribute and Possession
with Intent to Distribute Marijuana, for which he received a prison term of
120 months.

c. CARL DEWAYNE MCLANE (“MCLANE”) has been identified through

confidential source reporting as a distributor of cocaine, heroin, and
fentanyl. In an intercepted call between MCLANE and GARCIA, the two
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arranged a meeting where they later met in person. In 1998, MCLANE

was convicted in the United States District Court for the Southern District
of Ohio of Conspiracy to Possess with Intent to Distribute Cocaine, for
which he received a term of imprisonment of 78 months. He has been
arrested in Lucas County, Ohio for Drug Trafficking in 1987 and 1989,
and Possession of Drugs in 1991. In 2008, MCLANE was convicted in the
Wood County Court of Common Pleas of Illegal Processing of Drug
Documents and sentenced to a term of imprisonment of 17 months.

MCLANE Residences and Background

7. As regards MCLANE in particular, beginning in October of 2020, agents and

investigators assigned to the Toledo Resident Office of the Drug Enforcement Administration

interviewed an Ohio Bureau of Criminal Investigation confidential source, hereinafter referred to

as CS#1, who identified Carl D. MCLANE, hereinafter reference to as MCLANE, as a kilogram

level trafficker of heroin, fentanyl, and cocaine in the Toledo, Ohio area. CS#1 has been

cooperating with law enforcement for approximately two years for prosecutorial consideration

and has been deemed reliable. The information provided by CS #1 has been corroborated

through independent measures and enforcement operations. CS#1 has previously provided

information that has independently been corroborated and has led to the seizure of bulk amounts

of controlled substances. CS#1’s criminal history includes conspiracy and possession of

counterfeit securities, bank fraud, theft, device fraud, grand theft of a motor vehicle, felonious

assault, forgery, drug trafficking, carrying concealed weapon, fleeing, possession of criminal

tools, vandalism, menacing, possession of drugs, murder, involuntary manslaughter and

engaging in a pattern of corrupt activity. In September of 2020, MCLANE provided a sample of

heroin to CS#1, outside surveillance. CS#1 provided the sample to agents and DEA lab analysis

confirmed it to be heroin.

8. In June of 2021 CS#1, with agents present, made contact via telephone with a male

he/she identified as MCLANE and coordinated the purchase of cocaine. MCLANE directed
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CS#1 to a house nearby his own primary residence in Holland, Ohio, where the transaction

would take place. Shortly after that phone conversation agents and investigators conducting

surveillance of MCLANE at 9665 Frankfort Road Holland, Ohio observed him walk from that

location to 9651 Frankfort Road Holland, Ohio where he was observed typing in the code for the

garage door and entering the attached garage. Approximately one minute later MCLANE exited

the garage and walked back to 9665 Frankfort Road Holland, Ohio. MCLANE was observed

traveling from 9665 Frankfort Road Holland, Ohio to a location in Holland, OH where he met

CS#1. Investigators maintained constant surveillance of CS#1 as he/she purchased a quantity of

white powder from MCLANE for $1,800 of confidential funds. The white powder was field

tested and it gave a positive reaction to the presence of cocaine. The interaction between CS#1

and MCLANE was recorded and monitored by agents and investigators.

9. On June 21, 2021 agents and investigators conducting surveillance of MCLANE at

9665 Frankfort Road Holland, OH observed him drive from that residence to 9651 Frankfort

Road Holland, OH where he stayed for less than a minute before departing. Agents and

investigators continued to conduct surveillance of MCLANE and observed him meet with the

driver of a black Kia. A registration check revealed that the Kia is registered to F.W. A check of

law enforcement databases revealed that F.W. has a criminal history that includes drug

possession and trafficking. MCLANE handed something to the driver of the Kia and then

departed. Agents and investigators conducted surveillance of MCLANE as he drove back to

9651 Frankfort Road Holland, Ohio where he stayed for less than two minutes before driving to

9665 Frankfort Road Holland, Ohio. Approximately twenty minutes later agents and

investigators observed MCLANE drive from 9665 Frankfort Road Holland, Ohio to 9651

Frankfort Road Holland, Ohio where he again stayed for less than one minute before departing.
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Since June, 2021 agents and investigators conducting surveillance have observed MCLANE

come and go from 9651 Frankfort Road Holland, Ohio on a regular basis both on foot and in

vehicle, and each time he stays only a few minutes before departing.

10. Agents and investigators conducting surveillance of MCLANE at 9665 Frankfort

Road Holland, Ohio, from June, 2021 to the present, observed that MCLANE would regularly

park vehicles and walk onto the property of 9659 Frankfort Road Holland, Ohio, most recently

on August 24, 2021. This property contains a horse pasture and a barn and is located between

9665 Frankfort Road Holland, Ohio and 9651 Frankfort Road Holland, Ohio. This property is

owned by J.M. and V.M., who also own 9651 Frankfort Road Holland, Ohio.

Wire Investigation

11. Through the wire and electronic intercepts of the Target Telephone,

communications took place that indicated a shipment of narcotics was pending delivery in

Toledo, Ohio. While the conversations did not specify the type of narcotic, agents determined

from various wire and electronic intercepts that the substance was cocaine. On August 23, 2021,

at 8:58 p.m., GARCIA received a telephone call from MARQUEZ. This call was verified

through a review of the pen register data and was intercepted and recorded during the Title III

intercept of the Target Telephone. In the conversation, which took place in the Spanish language

and was translated to English, MARQUEZ stated, “The machinery was unloaded. The backhoe

was unloaded, and the wagon”. GARCIA then asked, “When did it arrive?” MARQUEZ first

stated in the morning, but then clarified stating, “like around twelve”. GARCIA got upset with

MARQUEZ due to the fact he was not informed of the specifics of the delivery as well as that

MCLANE (who would receive the shipment) had access to take narcotics from the shipment

without GARCIA’s knowledge, cutting into GARCIA’s profits. GARCIA stated, “How many is
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this dude going to get because he has to pay me,” referring to MCLANE. MARQUEZ tried to

quell GARCIA’s mood and stated, “I’m calling you to give you good news, and to tell you that

there’s work.” The two agreed that GARCIA would take care of the business the next day.

Agents believe MARQUEZ was advising GARCIA that a load of narcotics had just arrived and

for GARCIA to check with his clients to see what quantity he wanted to receive. The two agreed

that GARCIA would determine the quantity and take care of the work the following day.

12. On August 23, 2021, prior to this intercepted telephone call, agents monitored

electronic surveillance which revealed that at approximately 3:13 p.m., a truck tractor towing an

empty flat bed trailer arrived at 9490 Frankfort Road, Holland Ohio, and was met by MCLANE.

Physical and electronic surveillance revealed that the trailer remained at the property parked in a

grass area behind the residence and the truck tractor had departed. Electronic and physical

surveillance revealed that MCLANE remained at 9490 Frankfort Road until approximately 4:15

p.m., where he then traveled to 9665 Frankfort Road, Holland, Ohio. Electronic surveillance

revealed that MCLANE departed 9665 Frankfort Road at approximately 4:30 p.m., traveled to a

location on South Berkey Southern Road in Swanton, Ohio, an address MCLANE frequents

related to MCLANE’s trucking business. MCLANE departed this location at approximately

4:52 p.m. and returned to 9490 Frankfort Road where the flatbed trailer was located, and stayed

there until approximately 6:18 p.m. MCLANE then drove directly to 615 North Eber Road,

Holland, Ohio where electronic surveillance revealed that he arrived at approximately 6:21 p.m.

and drove his vehicle behind a barn located on the property. At approximately 6:53 p.m.,

MCLANE left and returned home at 9665 Frankfort Road where he remained for the night.

13. Immediately after concluding the telephone call with MARQUEZ, GARCIA

called MCLANE at 9:04 p.m. The call was verified through a review of the pen register data and
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was intercepted and recorded during the Title III intercept of the Target Telephone. After the

two greeted each other, GARCIA asked, “What happened today?” MCLANE responded,

“Everything is going alright”. After GARCIA explained to MCLANE that he had to travel to

Michigan the next day to purchase a truck for MARQUEZ, GARCIA asked, “How many came

in?” MCLANE answered, “Oh. Thirty.” GARCIA then stated, “How many, how many do you

want? So, I know because you gonna have to start putting that down, that dollar bill, dollar

down, you know? Whatever you take.” MCLANE affirmed stating, “I know. Yeah, I know.”

The conversation continued and GARCIA told MCLANE, “Yeah, I will talk tomorrow when I

get there, okay?” Agents believe from this conversation that MCLANE advised GARCIA that

30 kilograms of narcotics had arrived and MCLANE had received the shipment. GARCIA then

told MCLANE that whatever narcotics he takes from the quantity that arrived he will have to pay

for them. GARCIA then stated that he would talk in person with MCLANE the following day.

14. On August 24, 2021, at 6:06 a.m. and 6:16 a.m., GARCIA called MCLANE

through his use of the Target Telephone; however, those two calls were not monitored. At

approximately 6:25 a.m., electronic surveillance showed MCLANE departing his residence,

located at 9665 Frankfort Road and traveled to 615 North Eber, Holland, Ohio, another residence

associated to MCLANE and believed to be a stash location for narcotics. Electronic surveillance

at 615 North Eber showed MCLANE arriving at 6:26 a.m. where he drove his vehicle behind a

barn and out of view. This barn is the same location he traveled to the previous day. At

approximately 6:32 a.m. electronic surveillance showed MCLANE departing the property in his

vehicle and returning to 9665 Frankfort Road where he parked in the driveway. At 6:36 a.m.,

electronic surveillance showed MCLANE carrying in a larger white bag that appeared heavily

laden to the rear of the residence.

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15. At approximately 6:35 a.m., agents began physical surveillance on GARCIA and

observed him traveling towards MCLANE’s residence. At approximately 6:38 a.m., electronic

surveillance revealed GARCIA pulling into the driveway at 9665 Frankfort Road, Holland, Ohio,

MCLANE’s primary residence. MCLANE walked from behind the residence and walked to

GARCIA’s vehicle where he made a hand motion directing GARCIA to park on the property

next door. GARCIA then pulled out of the driveway and parked in a grass area next door that is

technically located at 9659 Frankfort Road, Holland, Ohio. Electronic surveillance and physical

surveillance observed GARCIA meeting with MCLANE. Then at approximately 6:46 a.m.,

MCLANE was seen walking from behind the residence across the yard towards GARCIA’s

vehicle carrying a black bag. Surveillance then observed the two standing together with the

vehicle hatch closed and GARCIA departed a short time later. Agents observed as GARCIA

proceeded to a residence in Toledo and dropped off the black bag. A black bag consistent with

that GARCIA dropped off was recovered by agents at the residence later that day and found to

contain six kilogram-shaped packages identically wrapped to kilogram packages later found at

615 N. Eber as described below.

16. Additionally, at approximately 10:22 a.m., electronic surveillance revealed that a

2012 Dodge pickup work truck with Illinois license plate 3188530B registered to MARQUEZ

arrived at 9490 Frankfort Road, the location where the flat-bed trailer was located. The driver

appeared to be a Hispanic male, later identified as M.M.R.

17. Based on the aforementioned information, on August 24, 2021, United States

Magistrate Judge Darrell A. Clay signed and authorized search warrants for the aforementioned

Holland properties. On August 24, 2021, those search warrants were executed resulting in the

seizure of approximately 30 kilograms of suspected cocaine and large amounts of bulk currency
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throughout the properties. In particular, agents observed: (a) approximately 20 uniformly-

packaged kilograms of a substance consistent with cocaine at 615 N. Eber, (b) a money counter

at 9665 Frankfort where MCLANE had been observed moving boxes suspected to contain bulk

cash, (c) at 9651 Frankfort, a large sum of bulk cash (believed in your affiant’s training and

experience, very roughly, to total in excess of $250,000) as well as five kilograms of a substance

that may be cocaine (but was slightly off-color and will be subject to further testing), and (d) one

ounce of cocaine at 9490 Frankfort. Also at 9490 Frankfort, agents discovered a flat-bed trailer

with a natural void where multiple kilograms of narcotics could be secreted. The void had grease

present consistent with grease found on certain of the kilogram packages. Furthermore,

numerous kilogram packages had thin rope wrapped around them, which is a common method

used by drug traffickers to extract narcotics from a long horizontal void similar to what was

found in the flat-bed trailer. MCLANE was found at 9659 Frankfort (a lot containing a barn-like

structure) working on a truck, where he was arrested.

18. Meanwhile, during the day on August 24, 2021, GARCIA traveled to Holland,

Michigan, based on wire and electronic intercepts of the Target Telephones in order to purchase

a vehicle with drug proceeds on behalf of MARQUEZ.

19. Through this investigation, a strained relationship between GARCIA and

MARQUEZ has been ongoing. In particular, in an intercepted telephone call that took place on

August 22, 2021 at 1:17 p.m. with an unknown Mexican male, GARCIA expressed his

displeasure with MARQUEZ and the two discussed options on how to deal with MARQUEZ to

include kidnapping and killing him. This call was verified through a review of the pen register

data and was intercepted and recorded during the Title III intercept of Target Telephone #2. In

this conversation, which was in the Spanish language and translated to English, GARCIA stated
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about MARQUEZ, “I am going to tell one thing, it’s been a while since I got in trouble, but

when I’m mad, I will fucking kill people. I don’t care if they send me to jail, because I’m only

going to live so many years, but I will get paid, I will get paid which ever way I can. Or I will

screw it and run, let see if they catch me. I’m just telling you one thing, I will go all the way to

the tower and wait for him there. I will shoot him right there, I have one with a silencer and no

witness, no witness there.” In this conversation, GARCIA confessed his desire to kill

MARQUEZ and referred to going “all the way to the tower”. This was reference to an apartment

building MARQUEZ resides at in Chicago, Illinois. Finally, GARCIA stated he had “one with a

silencer,” which signified that GARCIA has a gun with a silencer attachment that he claimed he

would use in order to carry out the crime.

20. Following the search warrant executions, on August 24, 2021, Judge Clay

authorized a search warrant for GARCIA’s residence, 717 Brighton Ave., Toledo, OH. Around

that same time, GARCIA drove back into Ohio from Michigan and was arrested. Following his

receipt of Miranda rights, GARCIA was informed of the search warrant and asked if there was

anything in his house that agents should be aware of. He stated he had a gun under his pillow and

about $30,000. Agents searched the house and found a loaded Hi-Point .380 pistol loaded with

Sig Sauer ammunition, as well as bulk cash appearing consistent with GARCIA’s statement that

it amounted to $30,000. Based on information and belief, Sig Sauer ammunition is not

manufactured in Ohio, and accordingly traveled in interstate commerce before GARCIA

possessed it in Toledo. GARCIA is a convicted felon and is not permitted to possess a firearm

and/or ammunition. GARCIA confirmed his phone numbers to investigators, which coincided

with the Target Telephone.

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21. On August 25, 2021, MARQUEZ flew from Chicago to Detroit, and then was

picked up and driven to Ohio by the same Hispanic male, M.M.R., who had driven the 2012

Dodge pickup work truck with Illinois license plate 3188530B registered to MARQUEZ at 9490

Frankfort Road the day before. The two men drove by the Holland Target Locations, where they

were stopped by law enforcement and MARQUEZ was arrested. After the stop, M.M.R. stated

that he had flown from Dallas to Chicago days prior at MARQUEZ’s direction and then met

downtown. M.M.R. was instructed to drive the truck and three bags from Chicago to Toledo by

MARQUEZ. M.M.R. stated that he believed the two bags contained cash and one bag contained

documents relating to trailer purchase transactions. Today, he was asked by MARQUEZ to pick

him up at the airport and drive him back to the above-described locations.

(space left intentionally blank)

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CONCLUSION

22. The above establishes probable cause to believe that from in or around August of

2021, in the Northern District of Ohio, Western Division, the Northern District of Illinois, and

elsewhere, STEVEN GARCIA-MARTINEZ, JUAN LUIS MARQUEZ, and CARL DEWAYNE

MCLANE conspired together and with each other to possess with the intent to distribute and to

distribute a controlled substance in violation of Title 21, United States Code, Sections 846 and

841(a)(1), (b)(1)(A), and that STEVEN GARCIA-MARTINEZ possessed a firearm and

ammunition, both as a felon and in furtherance of drug trafficking in violation of Title 18, United

States Code, Sections 922(g)(1) and 924(c).

The information contained in this Affidavit is true and correct to the best of my knowledge and
belief.

_____________________________
Special Agent Kurtis Jestes
Drug Enforcement Administration

25th
Sworn to via telephone on this ______ day of August, 2021
after submission by reliable electronic means.
Fed.R.Crim.P. 4.1 and 41(d)(3).

_________________________
Darrell A. Clay
U.S. Magistrate Judge
Northern District of Ohio