Case 1:11-mj-00415-TCB Document 3 Filed 05/31/11 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR TOE

a
EASTERN DISTRICT OF VIRGINIA

Alexandria Division
If!'
'"

UNITED STATES OF AMERICA

v.

Criminal No: 1:11MJ Mis

JOSE RUBIO NATIVI,
a/k/a "KIKO,"

Defendant.

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Brian C. Dugan, Special Agent, Federal Bureau of Investigation ("FBI"), Manassas,

Virginia, being duly swom state:

1. I am a Special Agent with the FBI and have been so employed since November

1998. Currently, I am assigned to the violent gangs and criminal enterprises squad of the

Northern Virginia Resident Agency of the Washington, D.C, Field Office. In this capacity, I

investigate murders, robberies, narcotics violations, and other gang-related violence. I have

previously interviewed street gang members and associates on numerous occasions. I have also

spoken with other law enforcement officers who have advised me of the results of their own

investigations of gang-related offenses and the content of interviews of gang members and

associates. I am also knowledgeable of state and federal laws pertaining to gang-related offenses.

2. This affidavit is based on my involvement in the investigation described below, and

information obtained from other law enforcement officers and witnesses. This affidavit contains

information necessary to support probable cause and is not intended to include each and every fact
 Case 1:11-mj-00415-TCB Document 3 Filed 05/31/11 Page 2 of 4

and matter observed by me or known to the government.

3. This affidavit is made in support of a criminal complaint charging that JOSE

RUBIO NATIVI, also known as "KIKO," did move and travel in interstate commerce by leaving

the Commonwealth of Virginia, with intent to avoid prosecution under the laws of the

Commonwealth of Virginia for a crime which is a felony under state law, in violation of Title 18,

United States Code, Section 1073.

4. On the night of August 26,2010, law enforcement officers with the Manassas City

Police Department (MCPD) and the Northern Virginia Gang Task Force (NVGTF) responded to a

gang-related assault call in the Georgetown South residential area of Manassas, Virginia. This

location is within the Eastern District of Virginia.

5. The victim of the attack, Efrain Mancha, was severely beaten with baseball bats and

at least one machete, and sustained life-threatening injuries. Mancha was comatose for

approximately two weeks.

6. The investigation determined that the attack was committed by Mara Salvatrucha

(MS-13) gang members against rival gang members from the Surenos (SUR-13) gang. Mancha is a

member of the SUR-13 gang.

7. RUBIO NATIVI was identified as one of the MS-13 gang members who attacked

Mancha. On August 31, 2010, MCPD and NVGTF obtained state arrest warrants charging

RUBIO NATIVI with Aggravated Malicious Wounding, in violation of Va. Code § 18.2-51.2, and

Gang Participation, in violation of Va. Code § 18.2-46.2. These are felony offenses.

8. MCPD and NVGTF were unable to locate RUBIO NATIVI to serve the state

warrants.
 Case 1:11-mj-00415-TCB Document 3 Filed 05/31/11 Page 3 of 4

9. Witnesses advised MCPD and NVGTF that RUBIO NATIVI left the

Commonwealth of Virginia after the attack.

10. Witness #1 attended a party with RUBIO NATIVI shortly after the attack. During

the party, RUBIO NATIVI discussed leaving the area.

11. Witness #2, a member of MS-13, advised that RUBIO NATIVI left the area to

avoid being arrested for his role in the attack.

13. Witnesses #1 and #2 have provided credible information to law enforcement

officers during the course of this investigation and in other gang-related investigations.

14. The United States Marshal's Service (USMS) also attempted to locate RUBIO

NATIVI without success.

15. Based on the aforementioned factual information, your affiant respectfully submits

that there is probable cause to believe that the defendant, JOSE RUBIO NATIVI, also known as

"KIKO," did move and travel in interstate commerce by leaving the Commonwealth of Virginia,

with intent to avoid prosecution under the laws of the Commonwealth of Virginia for a crime

which is a felony under state law, in violation of Title 18, United States Code, Section 1073.
 Case 1:11-mj-00415-TCB Document 3 Filed 05/31/11 Page 4 of 4

Your affiant, therefore, respectfully requests that the attached warrant be issued

authorizing the arrest of JOSE RUBIO NATIVI, also known as "KIKO."

Sworn and subscribed before me thisJ> day of May, 2011.

/s/
Thej^sarCarroll Buchanan
mited States Magistrate Judge
ie Honorable Theresa Carroll Buchanan
United States Magistrate Judge