Twenty-Six Arrested in Multi-Agency Operation Targeting Narcotics Trafficking in Bay Area

SAN FRANCISCO—On Tuesday, over 900 officers and agents executed arrest and search warrants in a large-scale takedown of individuals involved in narcotics trafficking and gang activity in the Bay Area, announced United States Attorney Melinda Haag; Stephanie Douglas, Special Agent in Charge of the FBI in San Francisco; Chief Ronald L. Davis of East Palo Alto Police Department; and Chief Bryan Roberts of Menlo Park Police Department.

Local, state and federal officers—including FBI SWAT teams from San Francisco, Los Angeles, Sacramento, Portland, Phoenix, and Las Vegas; and officers from East Palo Alto and Menlo Park Police Departments—executed over 30 search warrants and arrested 26 and seized significant quantities of money, drugs, firearms, and several vehicles in “Operation Phallen Gardens.” The majority of the arrests and searches occurred in the East Palo Alto and Menlo Park areas.

The following individuals were taken into custody based upon federal charges and made their initial appearance earlier today in federal court in San Francisco:

■Frederick Anderson, Jr., 53

■Michael Barnes, 54
■Dedeaux Maurice Brown, 37
■Monique Burns, 38
■Caezarine Kilo Donelson, 41
■Veronica Elliot, 30
■Fred Lamar Finney, 27
■Annette Hamilton, 48
■Elizabeth Head, 50
■Bobby Lee Jones, Jr., 51
■John Allen Keller, Jr., 24
■Cristian Rios Mora, 19
■Donald Poston, 36
■John Wayne Price, 37
■Prince Lee Prince, Jr., 38
■Leslie Reese, 52
■Donnell Robinson, 37
■Frederick Sims, 54
■Stephanie Yvonne Smith, 54
■Cellie Sturns, 53
■Dustin Thomas, 25
■Willie Charles White, 49
■Benjamin Lee Williams, 55
■Joseph Earl Lamont Williams, 30
■Raymond Williams, 25
■J. Jesse Ochoa Garcia, 41

The following individuals remain fugitives:

■Tony Giovanni Joseph, 30

■Derrick Lane, 39
■Shawn Curtis McKnight, 49
■Charles Edward Menifee, III, 20
■Jesus Segura, 31
■Joey Earl Williams, 48

The individuals were indicted by a federal grand jury or charged via criminal complaint for various narcotics trafficking related charges throughout the Bay Area.

“This operation demonstrates the results that can be achieved when federal and community law-enforcement partners work together,” U.S. Attorney Haag said. “Members of the San Francisco Safe Streets Task Force put their lives on the line every day to help make the Northern District of California a safe, productive and beautiful place to live.”

Operation Phallen Gardens is the result of a two-year, Organized Crime and Drug Enforcement Task Force (OCDETF) and San Francisco Safe Streets Task Force investigation. The focus was on an associated group of individuals who supplied drugs, which included cocaine and methamphetamine, to multiple gangs in the area of East Palo Alto and Menlo Park.

“This operation highlights how effective and important our task forces are in combating violent crime in our communities,” said Special Agent in Charge Stephanie Douglas of FBI San Francisco. “The FBI and our local, state, and federal law enforcement partners are committed to working together to target those involved in gang activity and narcotics trafficking.”

“This operation resulted in a significant blow against the scourge of gangs, drugs and violence in our communities,” said East Palo Alto Chief Ronald Davis. “As gangs evolve and grow beyond jurisdictional boundaries, local, state and federal law enforcement agencies must collaborate and use our shared resources to effectively disrupt their activities and stem the violence.”

“Task forces of this nature are a crucial component for local law enforcement to effectively address violent crime and narcotic trafficking in their communities,” said Menlo Park Police Chief Bryan Roberts. “These partnerships are a force multiplier for our operations.”

The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

The San Francisco Safe Streets Task Force consists of FBI agents, and police officers from East Palo Alto Police Department and Menlo Park Police Department. This task force was established in 1996 as a part of the FBI Safe Streets Violent Crimes Initiative, which seeks to target violent crimes through coordinated investigations.

The United States Attorney’s Office of the Northern District of California, FBI San Francisco, East Palo Alto Police Department, and the Menlo Park Police Department thank the following agencies for their assistance during the operation: FBI Field Offices in Los Angeles, Sacramento, Portland, Phoenix, and Las Vegas; the United States Marshal Service; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; California Highway Patrol, San Mateo County Sheriff’s Office, Mountain View Police Department, Newark Police Department, Redwood City Police Department, Sunnyvale Police Department, Oakland Police Department, Stockton Police Department, Fremont Police Department, Santa Clara Police Department and Palo Alto Police Department.

Please note, an indictment contains only allegations and as in all cases, the defendants must be presumed innocent unless and until proven guilty.

Leader of East Palo Alto-Based Crack Cocaine Drug Trafficking Organization Sentenced to More Than 19 Years in Prison

OAKLAND, CA—Desean Nathaniel Gardner was sentenced yesterday to 235 months in prison for his role as the leader of a conspiracy to manufacture and distribute crack cocaine throughout the San Francisco Bay Area and surrounding communities, United States Attorney Melinda Haag announced.

According to his plea agreement, Gardner, 33, of East Palo Alto, Calif., conspired to manufacture, distribute, and possess with intent to distribute more than five kilograms of cocaine base in the form of crack cocaine, a Schedule II controlled substance, from about March 18, 2008, to about March 7, 2009.

According to the plea agreement, as part of the conspiracy, and in furtherance of it, Gardner purchased kilogram quantities of powder cocaine from others and then converted or “cooked” those quantities of cocaine into crack cocaine for sale. In many instances, Gardner provided or sold this crack cocaine to other members of the conspiracy to re-sell. Gardner also provided some of the crack cocaine he manufactured to two co-conspirators, a man and his wife, to distribute to individuals from their residence in East Palo Alto. In fact, from Jan. 7, 2009, through March 7, 2009, Gardner provided these two co-conspirators, or instructed them to distribute, or possess with intent to distribute, a total of at least 892 grams of crack cocaine. Gardner would regularly collect the drug proceeds from those co-conspirators and re-supply them with more crack cocaine to distribute.

The plea agreement also states that Gardner sold and provided crack cocaine to other members of the conspiracy in ounce, half-ounce, quarter-ounce, and eighth-ounce quantities. Gardner typically charged $600 for an ounce, $300 for a half-ounce, $150 for a quarter-ounce, and $75 for an eighth-ounce. Frequently, other members of the conspiracy would contact Gardner on his mobile telephones to arrange to purchase crack cocaine. During these conversations Gardner and his co-conspirators used intentionally vague and coded language to discuss narcotics trafficking activities in order to avoid detection by law enforcement.

According to the plea agreement, in some instances Gardner would sell crack cocaine to a co-conspirator for less than the usual price with the understanding that the co-conspirator would pay him back at the next purchase with money the co-conspirator received from selling the crack cocaine that Gardner had previously given to him or her. This practice is called “fronting.” In addition to setting the price of the crack cocaine and determining whether to front a co-conspirator with crack cocaine, Gardner also chose the meeting locations where he distributed crack cocaine to other co-conspirators. Typically, Gardner used a Mitsubishi Galant, equipped with a hidden compartment to transport cocaine, crack cocaine, and drug proceeds. This vehicle was registered to a co-conspirator but Gardner was the purchaser and exclusive user of the vehicle. Gardner used a vehicle registered in a co-conspirator’s name in order to avoid detection and apprehension by lawenforcement.

According to the plea agreement, from Jan. 7, 2009, through March 7, 2009, Gardner provided at least twenty-five co-conspirators with at least 3.51 kilograms of crack cocaine for re-sale. During the entire length of the conspiracy Gardner distributed more than five kilograms of crack cocaine. Gardner acted as an organizer and leader of extensive criminal activity. Specifically, Gardner set the prices of various quantities of crack cocaine sold by him and other members of the conspiracy. Gardner decided where drug transactions would occur and established a location from which crack cocaine would be distributed. Gardner gave instructions to at least three other members of the conspiracy as to where to meet others for the purpose of selling crack cocaine, how much crack cocaine to distribute, and how much money to collect as payment.

The plea agreement also states that, prior to participating in the offense conduct described above, Gardner had been convicted of the following felony narcotics trafficking offenses: (1) possession of marijuana for sale, a felony, in violation of California Health and Safety Code Section 11359, on or about May 19, 1998, in San Mateo County Superior Court, for which Gardner was sentenced to 16 months’ imprisonment; and (2) possession/purchase cocaine base for sale, a felony, in violation of California Health & Safety Code Section 11351.5, and possession of marijuana for sale, a felony, in violation of California Health and Safety Code Section 11359, on or about Nov. 2, 2001, in Santa Clara County Superior Court, for which Gardner was sentenced to three years’ in prison. Accordingly, for purposes of the United States Sentencing Guidelines, Gardner is a career offender. Finally, Gardner participated in the conspiracy and committed the conduct described above while he was on probation for another offense.

On April 8, 2009, a federal grand jury returned a second superseding indictment charging Gardner and 34 other defendants with conspiracy to manufacture, distribute, and possess with intent to distribute crack cocaine and marijuana in violation of 21 U.S.C. §§ 846, 841(b)(1)(A)(iii), (b)(1)(D). Gardner was also charged with six counts of distributing of crack cocaine in violation of 21 U.S.C. § 841(a)(1). Those additional counts were dismissed at the sentencing hearing.

Gardner, who has been in custody since his March 2009 arrest, will begin serving his 235-month sentence immediately. Gardner was also sentenced to a five-year term of supervised release during which he may be searched by any federal, state, or local law enforcement officer with or without cause, ordered to pay a $20,000 fine and a $100 special assessment and ordered to forfeit a Mitsubishi Galant and two mobile telephones.

Assistant United States Attorneys Garth Hire, of the United States Attorney’s Office’s Organized Crime Strike Force, and Assistant United States Attorney Christina McCall, are prosecuting the case with the assistance of Paralegals Patty Lau and Noble Hughes and Legal Technicians Kathleen Turner, Vanessa Vargas, and Janice Pagsanjan. The conviction and sentence were the result of an investigation by the Federal Bureau of Investigation, the Menlo Park Police Department, the East Palo AltoPolice Department, the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the San Mateo County Sheriff’s Department. The sentence was handed down by United States District Court Judge Claudia Wilken.

Gunshots Fired at East Palo Alto Police Officer Lead to Guilty Pleas, Sentencing in Federal Court

Defendants Admit to Drug Charges and Conspiracy to Retaliate Against and Tamper With Witnesses, Harboring a Fugitive and Perjury Before the Grand Jury

SAN JOSE, Calif. — Maurice Deshawn Hodge pleaded guilty on November 10, 2010, before District Court Judge James Ware to Possession with Intent to Distribute Cocaine Base and Conspiracy to Retaliate Against a Witness, and sentenced to 10 years in custody, to be followed by a 5 year period of supervised release, United States Attorney Melinda Haag announced this afternoon. The federal prison term was ordered to run consecutively to a 16-year state sentence Hodge is already serving for armed robbery and drug trafficking. The charges involve a gun that was used to fire on a uniformed East Palo Alto police officer on September 18, 2005.

Hodge was indicted on September 15, 2010 and charged with Possession with Intent to Distribute Cocaine Base, in violation of 21 U.S.C. § 841(a)(1) and Possession of a Firearm During a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A). He was also charged, along with co-defendants Lavar Reid, Homer Harris, and Floyd Jackson, with Conspiracy Tamper With Witness, 18 U.S.C. §§ 1512(k) 1512(a)(2)(C), 1512(b)(3); and Conspiracy to Retaliate Against a Witness, in violation of 18 U.S.C. §§1513(f), 1513(b)(2),1513(e).

According to the plea agreement of a defendant in a related case, on September 18, 2005, an East Palo Alto police officer, who was in full uniform driving a marked police vehicle, attempted to make a traffic stop. The suspects refused to yield and instead drove away at speeds of up to 100 miles per hour. During the chase, occupants of the fleeing vehicle, owned by Hodge, fired multiple gunshots at the pursuing police vehicle. The shots were fired from two firearms, a 9mm and a .40 caliber, hitting the police car twice. Fortunately, the officer was uninjured.

According to Hodge’s plea agreement, he was arrested a week later in a motel room in Sunnyvale. At the time of his arrest, Hodge possessed crack cocaine and a .40 caliber pistol that was one of two firearms used in the police shooting. Hodge also admitted in the plea agreement that he conspired with co-defendants Lavar Reid, Jr., Floyd Jackson, and Homer Harris, to retaliate against a person whom he believed had informed the police of his whereabouts. As the Assistant United States Attorney handling the case advised the court at the hearing, Hodge and his co-defendants are all members or associates of the “G-Town” and Taliban street gangs, which according to East Palo Alto police department gang experts, are affiliated.

Additionally on October 6, 2010, Lavar Reid, Jr., pleaded guilty to conspiring with Hodge to tamper with a witness in violation of 18 U.S.C. § 1512(k), 1512(a)(2)(C), and 1512(b)(3). Reid is next scheduled to appear before U.S. District Court Judge James Ware at 1:30 p.m. on December 20, 2010 for sentencing. The parties have agreed, subject to the approval of the court, to a sentence of 2 years in custody, to be followed by a 3 year period of supervised release. Any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

In a related case, Jamaine Barnes previously pleaded guilty on November 23, 2009, and June 18, 2010, before Judge Ware to Perjury and Harboring a Fugitive. Those charges, according to Barnes’ admissions in court, were based on his efforts to hide Hodge by allowing him to use a motel room that Barnes had fraudulently obtained, and also lying to the grand jury about his relationship with Hodge. Barnes was sentenced by Judge Ware in two separate proceedings to a total of 37 months imprisonment. Barnes was also convicted in state court of defrauding the American Red Cross by obtaining the motel rooms fraudulently by posing as a Hurricane Katrina victim.

Homer Harris remains a fugitive, charged with Conspiring with Hodge and others to Tamper With a Witness in violation of 18 U.S.C. §1512(k), 1512(a)(2)(C), and 1512(b)(3) and to Retaliate Against a Witness in violation of 18 U.S.C. §18 USC §1513(f). Any persons having knowledge of Harris’s whereabouts are asked to contact East Palo Alto Detective Angel Sanchez at 650-464-6837 or Sgt. Jeff Liu 650-353-8506.

Floyd Jackson was murdered in January, 2010. His body was found on the shoulder of Interstate 580 in Richmond, California. According to the East Palo Alto Police Department and the San Mateo District Attorney’s Office, the attempted murder case concerning the East Palo Alto officer remains an open and continuing investigation.

Thomas O‘Connell and Daniel Kaleba are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Nina Williams and Tracey Anderson. The prosecution is the result of a continuing joint investigation by the United States Attorneys Office, the Bureau of Alcohol, Tobacco and Firearms, the East Palo Alto Police Department and the Menlo Park Police Department.