Case 8:16-mj-01042-TJS Document 1 Filed 04/25/16 Page 1 of 1

I.KEKlNM lJSA0#2016R00215

A091 (Rev. 08/09) Criminal Complaint Ell E

UNITED STATti~.~~I~~1~~t1URT
for the
Di5tric?tybtv4~JYI~ A /I: 5 I
United States of America
v.

JOSEPH ANDREW TULLY

Dt?jt!lIdam(s)

CRIMINAL COMPLAINT

I. the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of March 16,2016 in the county of Montgomery County in the

District of Maryland . the defendant(s) violated:

Code Section Offellse Descripfioll

18 U.S.C. SS 841(a)(1) and (b)(1) Possession with intent to distribute a Schedule I controlled substance
(C)

This criminal complaint is based on these facts:

See Attached Affidavit

i'f Continued on the attached sheet.

Complainant's signature

__ D.ojJ9La.sJ:j.ellil9'!LE9J5!"llnspector USPIS
Pr;nff!d name and title

Sworn to before me and signed in my presence.

Date: - .... --~I: -'-

JUl ge S signature

City and state: Greenbelt, Maryland Timothy J. Sullivan, U.S. Magistrate Judge
Prin1e..d name and lil/e
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AFFIDAVIT IN ~~~~~~L COMI)LAINT

I, Douglas Henegar (your '~i~~R'~? PAsW ~rpector for the United States Postal

Inspection Scrvice, being first duly swoEL,t!nteg~J1~~2~e and state as follows:

AT GRfENF~t T
~JNTROJ)UCrtON.
[l' _

I. Your Affiant is an investigative or law enforcement officer of the United States

within the meaning of Section 2510(7) of Title 18, Unitcd Statcs Codc, that is, an officer of the

United States who is empowered by law to conduct investigations of and to make arrests for

otTenses enumerated in section 2516 of Title 18.

2. I have been a Postal Inspector for the United States Postal Inspection Service

since April 2012 and have completed 12 weeks of basic investigative training, which incl~lded

the investigation of narcotics related offenses. I routinely investigate the use of the United States

Mail to ship narcotics and narcotics proceeds to and from the Baltimore/Washington area from

the known narcotic source areas of Florida, Georgia, Califomia, Arizona, Texas, and Colorado

(among others). As a result of my training and experience, I am trained to identil;,' vr'riolls

methods that are regularly used by narcotics traffickers to facilitate the shipment of controlled

substances and bulk cash through the United States Mail.

3. Based on your Affiant's training, experience, and participation in investigating

bank robberies, and the training and experience of other detectives and agents with whom I am

working closely in this investigation, I submit this Aftldavit in support of the attached

Complaint. This Affidavit does not contain every fact gathered during the investigation.

Additionally, unless otherwise noted, wherever in this Aftldavit I assert that an individual made a

statement, that statement is described in substance, and in part, and is not intended to he a

verbatim recitation of the entire statement.

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4. This Affidavit is made in support of an application for a complaint cha:ging the

defendant JOSEPH ANDREW TULLY with one coun; of knowingly and intentionally

possessing with intent to distribute 3,4-Methylenedioxymethamphetamin" (":vJ~I,IA"),

commonly known as Ecstasy, a Schedule I controlled su~stance, in viole-tion of 21 U.S.c.

S 841(a)(I) and (b)(I)(C).

FACTS AND CIRCUMSTANCES OF THE INVESTIGATIOi'i

5. On March 16, 2016, Postal Inspectors received infornlation that Internatiol111

Express Parcel # CC052071173NL (the "Subject Parcel") l~ad been identified by Customs and

Border Protection ("'CBp") and had been interdicted at the International Sen'ice Ccnt~r in

Jamaica, New York. The Subject Parcel was addres:,ed to "Jcey Tully," at 15 Bethayres Ct.,

Derwood, MD 20855. CBp agents, pursuant to their protocols and procl.GUre;, o::cnec! the

Subject Parcel and found it to contain approximately 2,500 pills that field-tested positive for the

presence of MDMA. The evidence was fonvarded to the High Intensity Drug Tlatlicking Area

Task Force ("HIDTA") and Montgomery County Police Narcotics Detectives.

6. On March 21, 2016, at approximately 9:30 a.m., Postal Inspectors, HI~TA, mid

Montgomery County Police Detectives conducted a con'.niiled delivery of the Subject Parcel

containing the MDMA to the residence identified on the Subject Parcel, namely 15 lklhayrcs

Ct., Derwood, MD 20855 (the "Subject Residence"). The d~livery 'Vas made, and'a white mall',

later identified as defendant JOSEPH ANDREW TULLY ("TULL.Y"), took thc Subjeci :'arcel

into the Subject Residence.

7. On March 21, 2016, at approximately 9:<10 a.m., TULLY and a fC:llale

("'Coconspirator 1"), exited the Subject Residence and L'lIten:d a silver Toyota Prius. TULLY,

who had the Subject Parcel in his possession, entered the ~'rontpassenger sidc llf the' ve~ick, m:d

Coconspirator I entered the driver side of the vehicle. The vehicle left the area of the residence

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and began heading toward Shady Grove Road. Montgomery County Detectives activated their

emergency lights and sirens in an attempt to stop the vehicle. Coconspirator 1 began to drive in

an erratic manner, at one point driving through the yard of a residence in an attempt to elude

police. During the attempt to nee from police, Coconspirator I struck a Montgomery County

Police vehicle causing damage to that pol icc vehicle. Coconspirator I was finally stopped in the

area of the 16000 block of Shady Grove Road, Dei"Wood, MD 20855. TULLY and

Coconspirator 1were in possession of the Subjcct Parcel containing the MDI\IA, and wcre taken

into custody.

8. During the arrest, TULLY was in posses~ion of a black cellular phone. TULLY

attempted to throw the cellular phone onto the street in an apparent attempt to destroy it.

Additionally, while being handcuffed, TULLY attempted to kick the cellular phone into a stornl

drain located near the arrest location.

9. On March 21, 2016, Montgomcry County Circuit Court Judge David Boynton

issued a search warrant for the Subject Residence, locatcd l'.l 15 BClhayrcs Ct.. Derwood. MD

20855.

10. Pursuant to the search warrant, members oflaw enforcement senrched the Subject

Residence and found, among other items, large quantities of various controlled substances, drug

traftieking paraphernalia, packaging materials, cleclronk devices, and U.S. currency. The

controlled substances recovered from the Subject Residence include MDMA, methamphctamine,

cocaine, marijuana, and Xanax, all of which field-tested positive for CDS. The drug traftieking

paraphernalia include but are not limited to a pill prcss, a glass container with suspected CDS

residue, measuring tools with suspected CDS residue. a PH test indicator, plastic bags, heat

sealers, a canning system, digital scales, packaging materials. and glass pipes.

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11. In addition, members of law enforccment found in a vehicle parked in the

driveway of the Subject Residence, a counterfeit New Yurk State driver's license in the name of

"Adam Washington," with an address of 276 Sugar Lo~f MI. Rd., Chester, NY 19018, and

bearing a photograph of TULLY. Law enforcement also found in the Subject Residence

numerous other documents bearing the name "Adam Washington."

12. A member of law enforcement went to a U-Haul facility located at 15958 Shady

Grove Rd., Gaithersburg, MD, which is located less than approximately three miles from the

Subject Residence. Employees at the U-Haul facility were shown a photograph of TULLY,

identified the individual pictured as the person they know as "Adam Washington," and stated

that this individual rented storage unit 135.

13. On March 21, 2016, Montgomery County District Court Judge Cheryl A.

McCally issued a search wan-ant for U-Haul storage unit 135, located at 15958 Shady Grove Rd.

Gaithersburg, MD (the "Subject Storage Unit'').

14. Pursuant to the search wan-ant, members of law enforcement searched the Subject

Storagc Unit and found, among other items, various suspected controllcd substances (including

suspected methamphetamine), drug trafficking paraphernalia. and packaging materials.

15. On March 21, 2016. TULLY was charged in the District Court of Maryland for

Montgomery County, Rockville, with possession with intent to distribute MDMA,

methamphetamine, cocaine, marijuana, and Xanax, among other charges.

CONCLUSION

16. Based on the foregoing. I submit that probable cause exists to believe that on or

about March 16,2016, in the District of Maryland, the defendant JOSEPH ANDREW TULLY

violated 21 U.S.C. ~ 841(a)(I) and (b)(I)(C), by knowingly and intentionally possessing with

intent to distribute 3,4-Methylenedioxymethamphetamine ("MOM A"), commonly known as

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Ecstasy, a Schedule I controlled substance. Accordingly, I request the isswncc of a criminal

complaint and arrest warrant.

I declare under the penalty of perjury that the foregoing is true and correct to the best of

my knowledge.

Douglas Henegar
Postal Inspector
United States Postal Inspection Servk,~

I'
Subscribed and sworn to before me on
Z/.
. ApriL 2016.

#Vl1~ _
The Honorable Timothy J. Sullivan
United States Magistrate Judge