A search warrant used to gather evidence of alleged drug trafficking in the Waterville and Augusta areas reveals that agents watched two defendants, their homes, their vehicles and their girlfriends for about six weeks before making arrests late last month.

A Kennebec County Superior Court judge has ordered the release of the “no-knock” warrant — which could be executed at any time and without warning — and the supporting affidavit that allowed authorities to search and seize items from the home and vehicles of Saul A. Hernandez Jr., 24, of Augusta.

The search warrant request and affidavit was signed March 13 but was impounded at a prosecutor’s request.

Among the items seized March 13 from the Hernandez home were 2.9 grams of powder cocaine, a small plastic bag of marijuana seeds, three oxycodone pills, drug paraphernalia, a digital scale and $738 in cash, according to the Maine Drug Enforcement Agency Crime Scene Evidence Log. An additional $65 in cash was returned to Hernandez.

The affidavit supporting the search warrant, filed by Special Agent Duane Cloutier of the Maine Drug Enforcement Agency, says an unidentified, reliable “source of information” told Cloutier in January that Maurice McCray, 31, of Waterville, had supplied Hernandez with drugs.

McCray and Hernandez were among 10 people arrested May 22 on federal charges involving oxycodone trafficking.

Advertisement

According to the affidavit, Cloutier and other agents watched McCray’s vehicle Jan. 25, when the informant said he was delivering 104 30-milligram oxycodone pills to Augusta. One of three vehicles used by McCray was seen in a driveway at 33 Oxford St., where Hernandez lived on the second floor of an apartment building. Augusta police said neighbors had complained about lots of in-and-out traffic, Cloutier said.

A day later, Augusta police investigated a report that a young daughter of Hernandez had been treated for having Suboxone in her system — and they concluded the drug had been dropped by a friend who was at the Hernandez home on Jan. 22.

Cloutier reported the informant also described a series of drug transactions between Hernandez and McCray, some of which the agents witnessed.

* Feb. 9: Hernandez picking up 150 30-milligram Oxycodone pills and an ounce of power cocaine in a business parking lot on First Rangeway, Waterville.

* Feb. 10: McCray going to Hernandez’s house because Hernandez was asking for 200 oxycodone pills.

* Feb. 12: McCray at Hernandez’s house and talking about cocaine.

Advertisement

* Feb. 13: Hernandez planning to buy 200-250 oxycodone pills from McCray in Waterville.

* Feb. 16: Hernandez wanting 200 oxycodone pills and driving to McCray’s to pick them up.

* Feb. 19: Hernandez wanting McCray to deliver 100 oxycodone pills “to hold him over.”

* Feb. 21: Hernandez going to McCray’s to pick up 200 oxycodone pills — and afterward calling to tell McCray that drug enforcement agents were watching McCray’s house.

“Hernandez told McCray that he was thinking of throwing what he had out the window but he did not,” Cloutier wrote.

* Feb. 25: McCray reportedly delivering 300 oxycodone pills to Hernandez’s Augusta residence.

Advertisement

* March 13: Hernandez telling McCray he wanted 150 pills for himself and 100 for someone else.

The warrant was filed and approved by Judge Beth Dobson that same day. Cloutier issued two citations to Hernandez, but complaints with those charges were never filed.

Following the arrests of Hernandez, McCray and others, four additional suspects were arrested May 30 in connection with the same case:

* Dominic Collins, 21, of Skowhegan, charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine and possession with intent to distribute a mixture or substance containing cocaine. He pleaded not guilty to the charges and is free on $5,000 unsecured bail.

* Robin Brown, 54, of New York, conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine and possession with intent to distribute a mixture or substance containing oxycodone.

* Tyrone Pereira, 46, of New York, conspiracy to possess with intent to distribute and distribute oxycodone and possession with intent to distribute a mixture containing oxycodone.

Advertisement

* James “Reggie” Proudfoot, 52, of New York, charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. Proudfoot is scheduled to be arraigned Friday in U.S. District Court in Bangor.

Pereira and Brown are scheduled to be arraigned in the same court on Monday.

Arrest warrants appear to have been issued but not yet executed for two additional defendants. Their identities remain secret until their arrests.

A trial involving the charges against all the defendants is scheduled for July.

Hernandez’s attorney, William Baghdoyan, argued last week that the search warrant materials should be unsealed and seized items returned to Hernandez since no criminal complaints had been filed against him in state court.

He told Justice Michaela Murphy that he recently had learned Hernandez was being held in federal custody in Penobscot County.

Murphy agreed to lift the impoundment, but gave the district attorney’s office time to respond to Baghdoyan’s request for the returned property.

Assistant District Attorney James Mitchell said the material seized from Hernandez has been turned over to federal authorities.

Baghdoyan told Murphy, “If the feds wanted to charge him and seize stuff, they should have gotten a federal warrant.”

Copy the Story Link

Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.