alien found at search location charged with illegally possessing firearms and ammunition
DENVER – Hector Diaz, age 49, of Colombia, was charged Friday in what was a sealed Criminal Complaint with one count of being an alien illegally in possession of a firearm, federal, state and local law enforcement authorities announced. Diaz is scheduled to make his initial appearance in U.S. District Court in Denver this afternoon at 2:00 p.m. before U.S. Magistrate Judge Craig B. Shaffer, where he will be advised of his rights and the charges pending against him.
According to an affidavit in support of the Criminal Complaint, on November 21, 2013, Drug Enforcement Administration agents, in partnership with several state and local law enforcement agencies, executed 16 federal search warrants pursuant to a single ongoing criminal investigation. Diaz, an alien who is lawfully in the United States, was present at one of the search locations, a residence in Cherry Hills Village. While concluding the security sweep of the residence, agents and officers found 5 assault rifles, one shotgun and 5 handguns, as well as a large cache of ammunition.
If convicted of being an alien in possession of a firearm the defendant faces not more than 10 years in federal prison, and up to a $250,000 fine.
This case is being investigated by the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigations (IRS CI), the Denver Police Department (DPD), and other state and local law enforcement agencies. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is assisting with this portion of the investigation.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a federal felony offense has a Constitutional right to be indicted by a federal grand jury.
The charges in the Complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.