Case 1:11-mj-00414-TCB Document 3 Filed 05/31/11 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA

L i
Alexandria Division

3 I 2<W
UNITED STATES OF AMERICA
Air-;-

JIMMY ISRAEL RUBIO NATIVI,

Criminal No: 1:11MJ ^\^\
a/k/a "MATA GATA,"

Defendant.

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Brian C. Dugan, Special Agent, Federal Bureau of Investigation ("FBI"), Manassas,

Virginia, being duly sworn state:

1. I am a Special Agent with the FBI and have been so employed since November
1998. Currently, I am assigned to the violent gangs and criminal enterprises squad of the
Northern Virginia Resident Agency of the Washington, D.C., Field Office. In this capacity, I
investigate murders, robberies, narcotics violations, and other gang-related violence. I have
previously interviewed street gang members and associates on numerous occasions. I have also
spoken with other law enforcement officers who have advised me of the results of their own
investigations of gang-related offenses and the content of interviews of gang members and
associates. Iam also knowledgeable ofstate and federal laws pertaining to gang-related offenses.
2. This affidavit is based on my involvement in the investigation described below, and
information obtained from other law enforcement officers and witnesses. This affidavit contains
information necessary to support probable cause and is not intended to include each and every fact

1
 Case 1:11-mj-00414-TCB Document 3 Filed 05/31/11 Page 2 of 4

and matter observed by me orknown to the government.

3. This affidavit is made in support of a criminal complaint charging that JIMMY

ISRAEL RUBIO NATIVI, also known as "MATA GATA," did move and travel in interstate
commerce by leaving the Commonwealth of Virginia, with intent to avoid prosecution under the
laws ofthe Commonwealth of Virginia for acrime which is afelony under state law, in violation
of Title 18, United States Code, Section 1073.

4. On the night ofAugust 26, 2010, law enforcement officers with the Manassas City
Police Department (MCPD) and the Northern Virginia Gang Task Force (NVGTF) responded to a
gang-related assault call in the Georgetown South residential area of Manassas, Virginia. This
location is within the Eastern District of Virginia.

5. The victim ofthe attack, Efrain Mancha, was severely beaten with baseball bats and
at least one machete, and sustained life-threatening injuries. Mancha was comatose for
approximately two weeks.

6. The investigation determined that the attack was committed by Mara Salvatrucha
(MS-13) gang members against rival gang members from the Surenos (SUR-13) gang. Mancha is a
memberof the SUR-13 gang.

7. RUBIO NATIVI was identified as one ofthe MS-13 gang members who attacked
Mancha. On August 31, 2010, MCPD and NVGTF obtained state arrest warrants charging
BONILLA SOSA with Aggravated Malicious Wounding, in violation of Va. Code § 18.2-51.2,
and Gang Participation, in violation ofVa. Code § 18.2-46.2. These are felony offenses.
8. MCPD and NVGTF were unable to locate RUBIO NATIVI to serve the state
warrants.
 Case 1:11-mj-00414-TCB Document 3 Filed 05/31/11 Page 3 of 4

9. Witnesses advised MCPD and NVGTF that RUBIO NATIVI left the
Commonwealth of Virginia after the attack.

10. Witness #1attended aparty with RUBIO NATIVI shortly after the attack. During
the party, RUBIO NATIVI discussed leaving the area.

11. Witness #2, a member of MS-13, advised that RUBIO NATIVI traveled to El
Salvadorto avoid being arrested for his role in the attack.

13. Witnesses #1 and #2 have provided credible information to law enforcement

officers during the course ofthis investigation and in other gang-related investigations.
14. The United States Marshal's Service (USMS) also attempted to locate RUBIO
NATIVI without success.

15. Based on the aforementioned factual information, your affiant respectfully submits
that there is probable cause to believe that the defendant, JIMMY ISRAEL RUBIO NATIVI, also
known as "MATA GATA," did move, and travel in interstate commerce by leaving the
Commonwealth ofVirginia, with intent to avoid prosecution under the laws ofthe Commonwealth
ofVirginia for a crime which is a felony under state law, in violation ofTitle 18, United States
Code, Section 1073.
 Case 1:11-mj-00414-TCB Document 3 Filed 05/31/11 Page 4 of 4

Your affiant, therefore, respectfully requests that the attached warrant be issued
authorizing the arrest ofJIMMY ISRAEL RUBIO NATIVI, also known as "MATA GATA."

Special Agent Brian Dugsto

Federal Bureau of Investigation

Sworn and subscribed before me this E>\ day of May, 2011.

Is/

The Honorable Theresa ^Carroll Bucfianan

United States Magistrate Judge