JmnGis- tess PL Agency Case #: 20231-CID4-50115612 10088 AFFIDAVIT OF PROBABLE CAUSE FOR ARREST ‘ angeteay THE STATE OF TEXAS =} : COUNTY OFELPASO =} 2 IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS J Before me, the undersigned authority, on this day personal Sppcial ‘Ageni) Christopher Estrada known to me to be a credible person and being a Peace Officer under the Sof Texas and being duly sworn, upon oath deposes and says he/she has good reason to believe and does believe that on or about the 12" day of August, 2023 A.D JOSE LUIS SIERRA JR (DOB: 11/30/1979) committed the offense of ABANDON/ENDANGER CHILD IMMINENT DANGER/BODILY INJURY, against the peace and dignity of the state. Charge Information: ABANDON/ENDANGER CHILD IMMINENT DANGERIBODILY INJURY Code & Section: Penal Code (PC) 22.041 (e) Class: [)ClassC []Class8 []Class A [)SJ Felony [] Felony 3 Bij Felony 2 (] Felony 1 [Capital Felony Bd Affiant has personal knowledge of the following facts: TAtfiant has good reason to believe and does believe based on the information provided by XXXX(a witness), a credible person who personally observed such offense as follows: The following synopsis was provided to Special Agent (SA) Christopher Estrada with the Texas Department of Public Safety (DPS) Criminal Investigations Division (CID) by DPS SA David Acosta. "On August 12, 2023, at approximately 6:30 p.m. Texas Department of Public Safety (TXDPS) Criminal Investigations Division (CID) Special Agents (SA's) David Acosta, Javier Ramirez, Billy Alexander, and U.S. Border Patrol Agents David Soltero and M. Centero contacted a knock and talk operation at a residence located at 101 Camille Drive El Paso TX 79912. TXDPS SA's received intelligence regarding the residence possibly being involved in stashing Undocumented Non-Citizens (UNCs). TXDPS SA Acosta and BPA Soltero and TXDPS Trooper Danie! Martinez knocked at the front door of the residence. A unidentified individual answered the door who later identified as the home owner. BPA Soltero stated to the homeowner the reason for the visit. BPA Soltero explained to the homeowner that U.S. Border Patrol received information regarding the possibly stashing of Undocumented Non-Citizens (UNCs) at the residence. BPA Soltero asked for consent fo enter the residence and search for any UNCs. The homeowner who was later identified as FRANCISCO LUEVANO. LUEVANO granted verbal consent and allowed TXDPS Acosta and BPA Soltero enter the residence. SA Acosta observed a small scale a group of individuals sitting at kitchen table drinking alcohol. SA Acosta observed a box of NARCAN on the kitchen table. Drug paraphernalia was observed on the kitchen table such as baggies for use of cocaine. Drug paraphernalia for Marihuana such as bongs were also observed. TXDPS SA’s found no Undocumented Non-Citizens in the residence. The following individuals were found sitting by the kitchen table and in the far back left bedroom. MICHELLE LEONORA MACCONNELL JOSE F. HERAS ALEJANDRA ARAGON DIANA ISABEL ORTIZ EDMUNDO HERNANDEZ JR MICHELLE LEONORA MACCONNELL. ALEJANDRA ARAGON* DIANA ISABEL ORTIZ BPA Soltero located one thirteen (13) year old female juvenile (DOB 11/02/2009), hereinafter referred as (TJB). TJB was located in the far-right bedroom sleeping on the bed.SA Javier Ramirez and TXDPS Highway Patrol (\ Trooper observed a blue Ford Fusion arrive at the residence. The single occupant of the vehicle was identified as JOSE LUIS SIERRA. SIERRA stated to that SIERRA was the legal guardian of TJB. TXDPS Special Agents asked for consent from SIERRA to speak with TJB.SIERRA granted consent and SA Acosta spoke with TJB. TJB stated to SA Acosta that TJB is originally from Paris TX. TJB stated that TJB had a Child Protective Service (CPS) case. TJB provided SA Acosta with TJB’s full name and date of birth and provided TJB’s mother name and date of birth. TJB stated that SIERRA was SIERRA’s guardian. SA Acosta contacted CPS law enforcement hotline. The CPS representative provided SA Acosta with previous information regarding TJB. The CPS representative identified as KAREN ID # 5675. ‘KAREN’ provided SA Acosta with TJB's legal guardians name and stated that TJB's mother had allegations of drug use and addicted to fentanyl. SA Acosta received TJB's father information but was unable to make contact with TJB's father. SA Ramirez spoke with SIERRA and asked if SIERRA had any documentation to demonstrate that SIERRA had custody of TJB. SIERRA displayed photographs of paperwork which were titled Authorized Agreement for Voluntary Adult Caregiver. SIERRA did not have a paper copy of the agreement. TJB was then transported to a TXDPS office. SA Acosta then approached SIERRA and stated that TJB would be transported to a TXDPS office and asked if SIERRA would accompany SA Acosta to the TXDPS office. SA Acosta walked SIERRA to SA Acosta's DPS vehicle. SA Acosta asked SIERRA if SIERRA had any weapons on SIERRA'S person. SA Acosta conducted a pat down of SIERRA'S person. SIERRA stated that SIERRA had just visited a dispensary. SA Acosta patted down SIERRA left front jeans pocket and felt two (2) plastic vials. Due to SIERRA’S statement about visiting a dispensary and with SA Acosta's training and experience. SA Acosta identified the vials as containers used to store Marihuana. SA Acosta removed the vials from SIERRA persons. SA Javier Ramirez would later identify the vials as having a green leafy substance that SA Ramirez identified through training and experience as Marihuana. SA Ramirez weighed the green leafy substance that had aggregate weight of 0.576 ounces, a usable amount. Due to the dangerous conditions of the household and unable to ascertain who had legal custody of TJB. SA Acosta requested that CPS officials met with SA Acosta and take custody of TJB.” ‘The following synopsis was provided to Special Agent (SA) Christopher Estrada with the Texas Department of Public Safety (DPS) Criminal Investigations Division (CID) by DPS Lt Daniel Martinez. “Lt. Daniel Martinez directed SA Eleazar Juarez to obtained written consent to search the entire property located at 101 Camille Drive from the homeowner identified as FRANCISCO LUEVANO. Lt. Martinez observed that the occupants as DIANA ORTIZ, MICHELLE LEONORA MACCONNEL, ALEJANDRA ARAGON, JOSE HERAS and EDMUNDO HERNANDEZ JR were engaging in suspected drug activity with multiple drug paraphernalia in plain view. Upon further consented search of the residence, Lt. Martinez identified that the main hallway that led to the bedrooms had contro! access consisting of a makeshift door with a coded lock which same locks were installed in the bedroom doors which included the bedroom were the (13) year old female child (TJB) was located laying sleeping in bed. Lt. Martinez learned from SA Acosta that the uncle of TJB identified as JOSE LUIS SIERRA JR was present at the residence and claimed to have legal custodial rights of the 13-year-old. Lt. Martinez requested SA Acosta to conduct CPS Impact Checks which led to identifying the child to be an endangered whose biological mother had lost parental rights due to being deemed Unfit due to being a known Fentanyl addict and was suspected by CPS to be grooming the child into prostitution. Lt. Martinez learned that CPS did indeed confirm that SIERRA JR currently possessed temporary custodial rights for the child. Based on the observations and information gathered at the time, Lt. Martinez suspected that the residence was instead a drug house and or sex brothel and the child was a victim of sex trafficking. SA’s conducted a search of the entire residence and didn't locate any physical evidence that the child was sexually assaulted. However, SA's did locate Cocaine and tissues with suspected semen which were in LUEVANO’s bedroom. ORTIZ, MACCONNEL, ARAGON, HERAS and HERNANDEZ JR were interviewed and admitted to being at the residence to “party” but denied being involved in any other criminal activity. ORTIZ, MACCONNEL and AARON made no outcry of being sexually assaulted or being forced into prostitution. HEGAS and HERNANDEZ JR claimed to be friends of LUEVANO and denied engaging in the promotion orsolicitation of prostitution. SIERRA JR who was found to be in possession of Marijuana, denied being involved in any criminal activity to include sexually assaulting or forcing the child into prostitution. SIERRA JR admitted that he allowed the child to stay at LUEVANO's residence for a few days while he recovered from injuries sustained in an accident.” The following synopsis was provided to Special Agent (SA) Christopher Estrada with the Texas Department of Public Safety (DPS) Criminal Investigations Division (CID) by DPS SA Eleazar Juarez. “On August 12, 2023, Texas Department of Public Safety (DPS) Criminal Investigations Division (CID) Special Agents (SA), working on an anonymous tip reference a possible human smuggling stash house, proceeded to 101 Camille, El Paso, Texas 79912. At approximately 7:31 PM, Special Agents contacted FRANCISO LUEVANO, who identified himself as the sole person in custody and care of the residence at 101 Camille, El Paso, Texas 79912. LUEVANO went on to say he is renting the residence from his brother. Special Agents explained to LUEVANO the complaint received by Texas DPS CID regarding his residence being utilized as a stash house for undocumented non-citizens. LUEVANO denied the allegation. Special Agents asked LUEVANO if he would agree to allow Agents to verify that no undocumented no-citizens were being housed at his residence by consenting to a search of his residence. LUEVANO agreed to and furnished Agents with consent to search his residence. SA Eleazar Juarez generated a “Consent to Search” document for the search. LUEVANO reviewed the consent to search form and voluntarily, without any duress, signed the document. After obtaining signed consent to search the residence, Special Agents conducted a methodical and controlled search of the interior and exterior of the residence at 101 Camille, E] Paso, Texas 79912. The search of the residence yielded two separate quantities of a white powdery substance believed to be cocaine. The first of the two separate amounts of cocaine were located concealed in a dresser drawer in a spare bedroom. The second quantity of cocaine was located in the master bedroom, concealed under the mattress in the master bedroom. LUEVANO was subsequently transported to the State Building, where he was interviewed by SA Eleazar Juarez after being read his Miranda Warnings. During the interview, which was recorded and will be submitted as evidence, LUEVANO admitted to being the person utilizing the master bedroom as is quarters. Based on the findings during the consent to search, FRANCISO LUEVANO was subsequently placed under arrest for the offense of Possession of a Controlled Substance PG 1/1-B< 1 g (TXHSC 481.115(b). The white powdery substance was field tested by SA Ivan Renteria, utilizing the TruNarc testing device. The white powdery substance tested positive for cocaine. The white powdery substance had aggregate weight of 0.17 grams and will be forwarded to the DPS Crime lab for further analysis.” At approximately 8:16 P.M, SA Estrada and SA Acosta read SIERRA’s Miranda Warnings. SIERRA agreed to speak to SA Estrada and SA Acosta. SIERRA advised SIERRA was given voluntary custody of female juvenile who was later identified as TJB. SIERRA showed SA Estrada and SA Acosta a photograph located on ‘SIERRA's cellular phone of a form authorizing SIERRA as TJB's voluntary caregiver. SIERRA statement was corroborated by CPS Officials. SIERRA further advised SA Estrada, and SA Acosta SIERRA was involved in car accident the week prior and gave responsibility of TJB to LUEVANO. Subsequently, TJB was living atLUEVANO's residence as previously mentioned at 101 Camille while SIERRA was away at a hospital recovering from SIERRA's injuries. Further, SA Estrada requested from SIERRA to search SIERRA’ cellular device. SIERRA agreed to the search. SIERRA unlocked the device and gave it to SA Estrada. In a text thread between TJB and SIERRA, SIERRA advised TJB to stop bringing over adult men into TJB's bedroom located at LUEVANO's residence. Further, SIERRA advised TJB that TJB's actions of bringing adult men into TJB's bedroom could get LUEVANO and SIERRA in trouble with law enforcement as it could be perceived as aggravated human trafficking. Additionally, conversations between TJB's drug usage to SIERRA existed in the text thread. SA Acosta located the following evidence disposed by TJB while at the State Building located at 401 E. Franklin; four (4) glass containers that contained the THC wax. The total aggregate weight was one hundred-fourteen point five (114.5) grams. Due to the small amount of wax substance found in all four (4) glass containers, SA Acosta knows through training and experience that the total weight of the THC wax is less than ‘one (1) gram. At approximately 8:16 P.M, SA Estrada and SA Acosta read SIERRA’s Miranda Warnings. SIERRA agreed to. speak to SA Estrada and SA Acosta. SIERRA advised SIERRA was given voluntary custody of female juvenile who was later identified as TUB. SIERRA showed SA Estrada and SA Acosta a photograph located on SIERRA's cellular phone of a form authorizing SIERRA as TJB's voluntary caregiver. SIERRA statement was corroborated by CPS Officials. SIERRA further advised SA Estrada, and SA Acosta SIERRA was involved in car accident the week prior and gave responsibility of TJB to LUEVANO. Subsequently, TJB was living at LUEVANO's residence as previously mentioned at 101 Camille while SIERRA was away at a hospital recovering from SIERRA's injuries. Further, SA Estrada requested from SIERRA to search SIERRA's cellular device. SIERRA agreed to the search. SIERRA unlocked the device and gave it to SA Estrada. In a text thread between TJB and SIERRA, SIERRA advised TJB to stop bringing over adult men into TJB’s bedroom located at LUEVANO's residence. Further, SIERRA advised TJB that TJB's actions of bringing adult men into TJB's bedroom could get LUEVANO and SIERRA in trouble with law enforcement as it could be perceived as aggravated human trafficking. Additionally, conversations between TJB's drug usage to SIERRA existed in the text thread. SA Acosta located the following evidence disposed by TJB while at the State Building located at 401 E. Franklin; four (4) glass containers that contained the THC wax. The total aggregate weight was one hundred-fourteen point five (114.5) grams. Due to the small amount of wax substance found in all four (4) glass containers, SA Acosta knows through training and experience that the total weight of the THC wax is less than one (1) gram. Due to the facts provided in this affidavit, CPS relinquished SIERRA’s voluntary custody of and TJB and remanded custody back to CPS. During the transport of TJB to the Juvenile Detention Center in El Paso County, TJB made statements to Juvenile Detention Center personnel of TJB suicidal ideations. CPS advised DPS to transport TJB to University Behavioral Health of El Paso where CPS would take custody. During TJB's transport by Trooper Christian Cruz, TJB began to feel nauseous and threw up. TUB advised Trooper Cruz‘TJB was having withdrawal's symptoms from marihuana usage. Trooper Cruz advised TJB withdrawals usually occur from heavy drug usage such as methamphetamines or Fentanyl. TJB advised Trooper Cruz : only smokes marihuana, but TJB is around people who do methamphetamines and Fentanyl. \ Due to the facts provided in this affidavit, SIERRA and LUEVANO showed no regard for the safety of thirteen (13) year old TUB. SIERRA and LUEVANO intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engaged in conduct that placed a child (TJB) younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment by exposing TJB to drugs, and allowing TJB to have adult men in TJB's bedroom. #13953 i Signals nts fame ‘SUBSCRIBED AND SWORN TO BEFORE ME by said Affiant on this 13"Day of August 2023 A.D. ———sorrs—— PARSE Ne Magisirate, Notary Publc or State Peace Officer on and for EL PASO County, Texas, Onthis the day of 2023. | hereby acknowledge | have examined the foragoing affidavit and have determines that probable cause existed forthe arrest ofthe individual accused therein. = aay agitate, €1PASO County, Texas JDGE SARA PRI RIMINAL Law MAGIS