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Bayron Bennett complaint
Bayron Bennett complaint
Mar 7, 2024
IN 1kE SEA LED CO M PLM NT
/
Miami
M ARKENZY LAPOINTE
U NITED STA TES A TTORNEY
BY :
y ty
..
.
BRIAN D OBBIN S
AssistantUnited StatesA ttolmey
FederalBarN o.A 5501182
99N ortheast4thStreet
M iam i,FL.33132-2111
Tel:(305)961-92304
Brian.Dobbins@ usdoj.gov
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 2 of 19
AO91(Rev.08/09)Crimi
nalComplaint ,
United StatesofAmerica )
V. )
) CaseNo. 1:24-mj-02460-Reid
BAYRO N BENNETT, )
)
)
CRIM INAL COM PLAINT BY TELEPH ONE OR OTH ER RELIABLE ELECTRONIC M EANS
V Continuedontheat-
tachedsheet.
Complainant'
ssignature
Joseph Dalessio,SpecialAgent,FBI
Printed nameand title
AFFIDAW T
January 2019. 1am presently a member ofthe FB1M iamiField Division ViolentCrim esand
Fugitive Task Force.M y duties and responsibilities include conducting crim inalinvestigationsof
the FBI, 1 have participated in the use of cooperating inform ants, undercover agents, pen
register/trap and trace devices, video surveillance, w iretaps, GPS tracking devices, search
and experience,I am fam iliarw ith m ethodsused by the crim inalelem entto further a variety of
crim inalactivities.
2. 1 subm it this Affidavit in support of a crim inal com plaint charging Bayron
BEN NETT w ith the use offire to com m ita felony,in violation ofTitle 18,United States Code,
Sections844(h)and2'
,arson,inviolationofTitle18,UnitedStatesCode,Sections844(1)and2,
'
andthe useofan interstatefacility in aid ofracketeering enterprises,in violation ofTitle 18,U nited
whowerechargedinapreviouscomplaint,underCaseNumber24-mj-02454-1V 117.
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 4 of 19
other evidence, and m y conversations w ith other law enforcem ent personnel and civilian
ï
witnesses. Because this Affidavit is being subm itted for the lim ited purpose of establishing
probable cause, it does not include a11 the facts that 1 have learned during the course of m y
W here the contents of documents and the actions,statem ents,and conversations of others are
reported herein,they are reported in substance and in pal't,exceptwhere otherw ise indicated.
PR O BA BLE CAU SE
The H itandR un
4. On or about August 30, 2023, law enforcem ent responded to the address of
the scene. The incidentw as captured on VICTIM 1's hom e video surveillance system . Law
enforcem entviewed the video ofthe incident,w hich revealed thatthe Hom e D epottruck arrived
to park closerto the drivew ay ofVICTIM 1's RESID EN CE,forno apparentreason.A sV ICTIM
l'svehicle pulled into the driveway ofV ICTIM 1'sRESID EN CE atapproxim ately 4:12 PM ,the
Hom e Depottruck w asputinto reverse,circling around from behind V ICTIM 1'svehicle into the
frontyard atan increasing rate ofspeed to strike the passenger side ofVICTIM 1's vehicle with
the flatbed area ofthe truck.TheH om eD epottruck then drove aw ay. ltappeared from the video
the circum stances,including the increasing rateofspeed and the route the H om e D epottruck took
A subsequent investigation into the hit and run incidentrevealed thatthe Hom e
in the CoconutGrove area ofM iam i,and later repol-ted stolen on or about Septem ber 4,2023.
Law Enforcem ent spoke w ith H om e D epot personnel who provided a receipt for the vehicle
sleeve undershil'
tand dark pants.
Coconut Grove forA ugust 30,2023. At approxim ately 10:12 AM ,SU BJECT 1 pulled into a
parking space operating a gray Tesla sedan. A dark-colored Chevrolet Silverado pick-up truck,
later identified as registered to M ichaelDU LFO as described in m ore detailbelow ,then arrived
and parked in a spotto the rear of the Tesla. SU BJECT 1then exited the Tesla and entered the
store. Approxim ately three m inuteslater,an individtlalw earing a dark-colored shirtw ith a white,
long-sleeve undershirtand dark pantsexited from the passenger side ofDU LFO 'S Silverado and
video confirm ed thatETIEN NE closely resem bled the individualwearing the dark-colored shirt
The H om e Depotsurveillance footage also show ed SUB JECT 1 walking tow ards
back tow ards the frontentrance of the store and then re-entered the store,before exiting a shol'
t
tim e later. SUBJECT 1then approached thepassengerside ofD ULFO 'S Silverado and appeared
and entered the Silverado. SUBJECT 1 then returned to the Tesla and drove off. DULFO 'S
Silverado then drove overtowardsthe area oftheparking lotwhere the rentaltrucksw ere located
where itisobstructed from security cam eraview ,and then an individual,who cannotbe identified
because of video quality, walked from that area to a Hom e D epot truck. A shorttim e later,
D ULFO 'S Silverado drove away, follow ed by a H om e Depot flatbed truck. The w alking
8. Law enforcem ent canvassed the area around VICTIM 1's RESIDEN CE for
show ed the H om e Depottruck driving tow ards V ICTIM 1's RESIDEN CE,and the driver ofthe
Law EnforcementthenconductedLicensePlateReader(LPR)databasechecksof
the H om e Depottruck,bearing Florida License Plate N um ber6IBM VM ,in order to attem ptto
ascertain itslastknown location.A LPR check revealed thatthe Hom e Depottruck wasobserved
of 9302 N W 2nd Place and observed a H om e D epot flatbed style truck that appeared to be
abandoned on the side ofthe road. Law enforcem entnoted ithad m arks and dam age on the rear
portion of the vehicle thatw as consistentw ith the point of im pact observed on video in w hich
V ICTIM 1's vehicle was struck on or aboutAugust30,2023 in Pinecrest.l ETIEN NE'S listed
addressintheFloridaDriverandVehicleInforluationDatabase(IIDAVID'')isonNW 93rdstreet,
approxim ately 0.7 m iles from where the Hom e Depottruck wasrecoveredz.
IdentTcation OJ'DULFO'SSilverado
10. D ue to the tim ing ofthe ram m ing occurring asVICTIM l was arriving hom e,1aw
V ICTIM 1's vehicle w as observed traveling south on South D ixie H ighway, in the area of 5th
Street.This location wasconsistentw ith the route thatV ICTIM 1provided to Law Enforcem ent
as the route she utilized to travel to VICTIM l's RESID EN CE from an appointm ent. A t
D AV ID query revealed thatthe Silverado w ith that license plate num ber was a 2014 Chevrolet
2Law Enforcem entobtained GPS dataassociated to therecovered Hom eDepottruck. According to Hom eDepotthe
GPS only collectsdatawhenthetruck isshutoff. TheGPS doesnotplacethetruck atW CTIM 1>sRESIDENCE,
howeverthe truck was located at231 SE 1StPlace,M iami,atapproximately 10:54 AM for2 hours and 3 m inutes.
Thislocation isapproxim ately 0.6 driving m ilesfrom the location ofVICTIM 1'sappointment.
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 8 of 19
colored lettering.
cover on the flatbed area of the truck,a trailer hitch, and a black license plate that had w hite
lettering,w ith the firstletterEGC.'' Law enforcem entconducted surveillance atDU LFO'S listed
and trailerhitch,in addition to the black University of CentralFlorida license plate with w hite
lettering. On m ultiple occasions since Septem ber l4,2023,law enforcem ent surveillance has
TheArsons
arsons occurred at VICTIM 2's Residence in M iam i-Dade County, hereinafter CCV ICTIM 2's
arsons,personalproperty,includingbutnotlimitedto,threevehicles,po/ionts)oftheresidence
located atVICTIM 2'sRESIDEN CE,and othereffectswere dam aged ordestroyed.
13. On or about July 2,2022,hom e video surveillance footage from V ICTIM 2's
RESIDENCE showedthatatapproximately3:26AM,asubjectwearingahoodedsweatshirtand
shorts,hereinafter,CISUBJECT 2,,,w alked from westto east,tow ardsthe area ofone of VICTIM
.
2'svehicles,a 2019 D odge Ram . A sho14 tim e later,atapproxim ately 3:27 A M ,a brightorange
flash can beseen on the video,and SUBJECT 2 then rantowardsanothervelzicle,a 2019 Chevrolet
Tahoe,that is parked on the west side of the drivew ay of VICTIM 2's RESIDEN CE. ln an
interview of VICTIM 2's husband,VICTIM 2's husband stated thatthe Ram w as utilized as a
vehicle inpal'
tforsalesofa building m aterialscompany engaged in interstatecom m erce.VICTIM
2 also worked from hom e at VICTIM 2's RESIDEN CE. V ICTIM 2 also utilized the Tahoe to
travelto and from herwork ata telecom company thatisengaged in interstate comm erce.
SUBJECT 2 then poured a liquid from a red colored container on the hood ofthe
Tahoe.SUBJECT2thenappearedtolightsomethingonfireandplacethe1itobjed nearthehood
and w indshield area ofthe Tahoe. A flash offire was seen,and the Tahoe becam e engulfed in
tlam es. Due to the angle of the surveillance video, it is unclear w hich direction SUBJECT 2
departed after the Tahoe becam e engulfed. City of M iam iFire and Police Depatments then
responded to the scene and began an investigation into the circum stancessurrounding the fires.
vehicle arson. Atapproxim ately 3:34 A M ,hom evideo stlrveillancefootage from the VICTIM 2's
angle from VICTIM 2's RESIDEN CE showed one of the vehicles engulfed in tlam es,a 2019
the video that SUBJECT 3 becam e partially engulfed in flam es and ran aw ay from the burning
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 10 of 19
Silverado, fleeing w estbound from V ICTIM 2's R ESIDEN CE. Other video footage from a
neighboring residenceshow san individualm atching thatdescription ofSU BJECT 3 tleeing north
City of M iam iPolice and Fire D epal4m ent personnelwere again dispatched to
VICTIM 2's RESIDEN CE. A neighborhood canvas w as conducted by C ity of M iam iPolice
Detectives for m ore video pertaining to the incident. A review of video surveillance footage
a dark-color Chevrolet Silverado pick-up truck,sim ilar in appearance to D ULFO 'S Silverado,
operating in the area ofV ICTIM 2'sRESIDEN CE. ThisSilverado w as dbserved on video in the
areapriorto the arson atapproxim ately 3:15 AM ,3:24 AM ,and 3:25 AM . ltshould be noted that
inform ation regarding theircellphone num bers. The CH S hasbeen proven to be a reliable source
of inform ation in the past. The CH S identified a phone num ber ending in 9404,hereinafter,
CSD ULFO 'S 9404 PH ON E,''as a phone num berthatD ULFO used. The CH S also identified a
phone num berending in 1029,hereinafter,GIHOW A RD 'S 1029 PH ON E,''asa phone num berthat
H OW A RD used. Records obtained from Venm o,a cash transfer application,revealed thatthe
correctdate ofbil'
th and socialsecurity num berasHO W A RD .Throughoutthe investigation,Law
Enforcem ent obtained inform ation to include the review of cellphone com m unication records,
8
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 11 of 19
financialtransactions, and confidential hum an source inform ation, which provided sufficient
evidence thatimplicated HOW ARD ,in atleastsom e ofthe above listed crim inalactivity.
HistoricalLocationInformation
On oraboutOctober20,2023,a historicalcellsite location search w arrantforthe
DU LFO 9404 PH ON E w as granted by the H onorable U nited States M agistrate Judge Eduardo
warrantfor the phone num ber associated forthe H OW A RD l029 PH ON E,was granted by the
Upon receiving the data from the telephone providers for the telephone num bers
and respective devices associated to D ULFO and H OW A RD, Law Enforcem ent utilized the
assistanceofFB1CellularAnalysisSurveyTeam (CAST).
A prelim inary CA ST reportindicated thattheD ULFO 9404 PH ON E utilized cell
phone towerts) in the vicinity of VICTIM 2's RESIDENCE on or about July 2,2022,at
approxim ately 3:20 A M ,and 3:29 AM . The CA ST reportalso indicated thattheH O W A RD l029
utilizing atow erthatwasapproxim ately one quaderm ileform VICTIM 2'sRESIDEN CE atthat
23. A prelim inary CA ST report indicated that the DU LFO 9404 PHON E and the
HOW ARD 1029PHONE both utilized celltowerts)in thevicinity ofthe CoconutGrove Home
D epot on orabout August30,2023,around the tim e thatthe H om e D epottruck w as rented by
7
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 12 of 19
SU BJECT 1. Specifically,the DULFO 9404 PH ONE utilized atowerin the vicinity ofthe H om e
Depot at approxilnately l0:40 AM ,and the H OW ARD 1029 PH ON E utilized a tow er in the
run location atVICTIM 1'sRESIDEN CE,around the approxim atetim ethe hitand run took place.
The CA ST analysisdid nothavem appable data to supportthe location ofthe device associated to
the HOW ARD 1029 PH ON E during the approxim ate tim e ofthe hitand run incidentatVICTIM
inform ation and calldetailrecords,forETIENN E,theD ULFO 9404 PHON E,and theH O W A RD
2022,the m orning ofthe firstarson,revealed thatatapproxim ately 1:32 AM ,l:53 AM ,and 2:06
A M ,there w ere three different com m unications between the H OW ARD 1029 PHON E and the
26. A review ofthe tollrecords forthe HO W A RD 1029 PHON E,on or aboutA ugust
12, 2023, the m orning of the second arson at VICTIM 2's RESID EN CE, revealed that at
approxim ately 12:10AM ,12:27 A M ,and at5:13 AM ,there w ere three differentcom m unications
between the H OW ARD 1029 PH ONE and the DULFO 9404 PH ONE.
ofpublic source databases revealed thatthe 7908 phone num berwas associated w ith ETIEN NE,
10
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 13 of 19
and Text N ow subscriber inform ation cam e back to a (dlfing Etienne,'' and a uselmam e of
GtEtiennelfingss.'' The H OW ARD 1029 PHON E and the 7908 phone num ber believed to be
Enforcem ent,the 7908 phone num berbelieved to be associated to ETIEN NE firstcom m unicated
occurredonoraboutAugust30,2023,accountforapproximatelytwenty-seven(27%)percentof
the totalcom m unicationsbetween the two num berssince February 21,2023.
Identscation ofBennettand/,/.
çCellphone
28. ln an interview w ith V ICTIM 1,law enforcem entlearned thatBEN NETT w orked,
orm ay stillbe working,ashired help forV ICTIM 1'sestranged husband.The natureofthisw ork,
according to VICTIM 1,w asthatBEN NETT would help w ith food and beverage service when
29. Based upon com m unications and tollrecords,asdescribed below,law enforcem ent
beganlookingatcommunicationsbetweenDULFO andcellphonenumber(305)216-2827.Law
enforcem entobtained recordsfrom T-M obile U .S.,lnc.,the service provider forthatphone,and
30. A review ofthe tollrecordsforthe BEN N ETT 2827 PHON E,pursuantto a grand
jury subpoena,revealed a number ofcontacts between the DULFO 9404 PHONE and the
BEN NETT 2827 PH ON E during significantdatesin the investigation. A review ofthe tolldata
11
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 14 of 19
forthe BENNETT 2827 PHONE revealed atotalofeleven (11)callswith the DULFO 9404
PHON E between on oraboutA ugust 11,2023,atapproximately 1:41 PM ,and A ugust12,2023,
atapproxim ately 8:16 PM . There wasalso a single textm essagé on oraboutA ugust12,2023,at
approxim ately 10:57 AM .ltshould benoted thatthe second arson occurred atapproxim ately 3:34
AM .
the DULFO 9404 PHON E on oraboutA ugust30,2023,atapproxim ately 5:24 PM ,thedate ofthe
hitand run incident. lt should be noted thatthe hit and run incidentoccurred at approxim ately
4:12 PM .
ofthe second arson and the hitand run incident.4 Forexam ple, on oraboutA ugust 11,2023,the
at approxim ately 3:49 PM . O n or about August 12, 2023, at approxim ately 12:10 PM , the
BEN NETT 2827 PHON E and DULFO had a Facetim e call. There w as also a Facetim e call
between the tw o telephone num bers on the sam e date at approxim ately 10:45 PM . Law
Enforcem entdid notobserve any Facetime calls on oraboutAugust30,2023,the date ofthe hit
and run incident. However,Law Enforcem ent observed Facetim e calls betw een the BEN N ETT
2827 PHONE and DULFO atapproxim ately 12:10 PM ,12:12 PM ,12:18 PM ,3:58 PM ,4:11PM ,
4From whatLaw Enforcem entcan see.thusfarin the icloud return,theDULFO ICLOUD voice and video calllog
only goesback to on oraboutApril10,2023.
12
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 15 of 19
34. The DU LFO icloud search w arrant return also included several other item s of
evidentiary value that suggest that D ULFO w as stalking V ICTIM For exam ple, law
enforcem entrecovered a picture ofapiece ofpaperw ith the addressofV ICTIM 1'sRESID EN CE
written on it. Law enforcem entisunable to determ ine ifthepicturew astaken by a device utilized
by D ULFO orifitw assentto him by som eone else. The date ofcreation listed forthe picture is
December28,2022,which is approxim ately eightm onths before the hitand run atVICTIM 1's
RESIDEN CE.
streetview ofVICTN 1'sRESIDEN CE.The lastm odified date ofthispicture islisted asA ugust
22,2023. Law enforcem ent is unable to determ ine ifthe picture w as sent to D ULFO or if it
36. Law Enforcem entalso observed com m unications in the form of video calls,text
rearend of a dark blue BM W ,to include the license plate. A query in the Florida Driver and
5The earliestcom munication to date thatLaw Enforcementhasobserved between DUFLO and the 2827 num beris
on oraboutJuly 26,2022.ltappearsthatDULFO and BENNETT m ay converseaboutotherm attersthan the crim inal
activity thatwillbe laid outahead. Atone point,DULFO and BEN NETT may have lived in the sam e apartment
complex in M iam iand may bewherethey know each otherfrom .
13
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 16 of 19
VehiclelnfonmationDatabase(DAVID)revealedthevehiclebelongedtotheestrangedhusband
of V ICTIM 1 at the tim e. The created date and tim e of the photograph is July 26,2022, at
approxim ately 4:51PM . The lastm odified date ofthephotograph is listed asA ugust 1,2022,at
6:29 A M .Law Enforcem entagain isunableto determ ine ifthe photograph wastaken by adevice
used by DULFO,or if the photograph w as sentto DULFO by som eone else. H ow ever,Law
Enforcem entdiscovered a textm essage string on DULFO 'Sicloud thatLaw Enforcem entbelieves
isrelated to thisphotograph.
August1,2022,between theBEN NETT 2827 PHON E and DU LFO. Atapproxim ately 1:29 PM ,
a photograph is sentfrom the BEN NE'FT 2827 PH ON E,follow ed by the textm essages,((Es un
bmw ,''w hich means Gtthis isthe BM W ,''atapproxim ately 1:29 PM ,and (tazul,''which is Spanish
for,&&blue,''atapproxim ately 1:29 PM . Law Enforcem entisunable to see the photograph in the
textstring,but Law Enforcem entbelieves this m ay be due to the factthat the messages were
deleted on oraboutAugust30,2023,atapproxim ately 4:53 PM ,the sam e date and approxim ately
forty-one(41)minutesafterthehitandrunincidentoccurredattheresidenceofVICTIM 1.Law
Enforcem entalso believesthe lack ofphotograph in thetextstring could berelated totheextraction
39. Law Enforcem ent also discovered othertext m essages of interest in the D ULFO
icloud between the BEN NETT 2827 PH ON E and DU LFO. Law Enforcem ent observed a
W hatsApp conversation betw een the BEN NETT 2827 PHONE and DULFO that started on or
aboutA ugust l2,2023,at11:38 A M . The BEN NETT 2827 PH ON E called DU LFO,and then at
approxim ately 11:40 AM ,the BEN NETT 2827 PH OINE sent a text m essage that said, Ef-
l-odo
bien?'' The m essage translates to roughly,(W 1lgood?'' The m essage is not responded to on
14
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 17 of 19
W hatsApp by D UFLO. Law Enforcem ent took interest in the date of the creation of the
conversation in W hatsApp and the date ofthe conversation because itwas the sam e day ofthe
30,2023,atapproxim ately 7:40 AM ,the day ofthe hit and run incidenton V ICTIM 1. A tthat
tim e,DU LFO senta m essage to the BEN NETT 2827 PH ON E stating,(tllam am e,''which roughly
translates to Gtcall m e.'' A t approxim ately 8:27 A M ,D ULFO then sends a m essage to the
around the approxim ate dates and tim es of atleastofone the arsonsand around the approxim ate
Enforcem ent was draw n to this text because itw as lessthan two hours prior to the hitand run
incident that took place at V ICTIM 1's residence at approxim ately 4:12 PM . The next text
DU LFO sent the BEN NETT 2827 PH ON E a m essage that stated, (t-l-odo estas bien,''w hich
roughly translatesto asking ifeverything is good w ith you. The BEN NETT 2827 PH ON E then
back.'' Law Enforcem ent believes thatthere is probable cause to believe these m essages were
BENNETT'SstatementtoLawEnforcementonAfflz'c/,7,2024
42. On M arch 7,2024,BEN NE'
I'
T w as approached by Law Enforcem entto see if he
questions,and BEN NETT was told thathe w as notunderarrest.Law Enforcem ent's interaction
wasrecorded.
BEN NETT proceeded to tell 1aw enforcement that he w as asked to seek out
individualsto com m itarsonsand a hit-and-run againstV ICTIM 1.BEN NETT identified D ULFO
as the person he solicited to com m it the arsons and hit-and-run.BEN NET further told Law
RemainderofpageIntentionallyfc' Blank
16
Case 1:24-mj-02460-LMR Document 3 Entered on FLSD Docket 03/08/2024 Page 19 of 19
CO N CLU SION
44. Based upon the above-described evidence, your Affiant subm its that there is
probable cause to believe thatBEN N ETT com m itted the crim es ofthe use of fire to com m ita
felony,inviolationofTitle18,United StatesCode,Sections8441)and2;arson,inviolation of
Title 18,United StatesCode,Sections 844(1)and 7;the use ofinterstate facilitiesin aid of
racketeering enterprises,in violation ofTitle l8,United States Code,Sections 1952 and 2'
,and
JO SEPH D ALESSIO
SPECIA L A GEN T
FEDERAL BUREAU OF W VESTIGATION
Atested to by the applicantin accordancew ith the requirem entsofFed.R .Crim .P.4.1
by FaceTimethis74.13day ofM arch 2024.
.