Complaint,Petition: Commonwealth of Massachusetts vs. Dias, Victor et al

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                                COMMONWEALTH OF MASSACHUSETTS
                            TRIAL COURT OF THE COMMONWEALTH




BRISTOL, ss                                                            SUPERIOR COURT

                                                                   iBAcN oo                 TA
                            COMMONWEALTH OF MASSACHUSETTS


                                         vs.


                             FOUR THOUSAND TWO HUNDRED AND TWENTY NINE DOLLARS ($4,229.00)
                                                 (Dias)



                            COMPLAINT FOR FORFEITURE
                            GENERAL LAWS CHAPTER 94C SECTION 47 (a) (5)




  1     The Plaintiff is the Commonwealth of Massachusetts and suit is brought by the
District Attorney of Bristol County, Thomas M. Quinn Ill.

  2.   This complaint is brought as a proceeding in rem to order a forfeiture of the
Defendant pursuant to Massachusetts General Laws Chapter 94C, Section 47 (a) (5).


  3.    The Defendant is four thousand, two hundred and twenty nine dollars ($4,229.00).


  4.    On July 14, 2015 representatives of the Fall River Police Department armed with
a warrant issued by a disinterested magistrate of the Fall River District Court searched
an apartment in Fall River. The target of the warrant, one Victor Dias, shared the apartment
with his girlfriend Jacqueline Estrella. Found as a result of the search were one hundred
and fourteen (114) glassine bags of heroin along with the Defendant Res.
5.   Acopy of the application for the search warrant, the affidavit in support, the
warrant itself and the return thereof are attached hereto and incorporated
by reference in this complaint and marked as “Plaintiffs Exhibit 1”.

  6.     A copy of the report prepared by the Fall River Police Department is
attached hereto and incorporated by reference in this complaint and marked
as “Plaintiff's Exhibit 2”.

  7.     The Defendant was used in the procurement, manufacture, processing,
delivery or distribution of a controlled substance in violation of Chapter 94C of
the General Laws; or are proceeds of the sale of controlled substances in violation
of the statute.

   WHEREFORE, the Plaintiff demands:


       1. That notice issue requiring the owner of said Defendant and to such other persons
          as appear to have an interest in said Defendant to appear and answer on its behalf.

       2. That subsequent to fourteen days after notice this matter be set down for a hearing.

       3. That after hearing the Court issue an order forfeiting the Defendant to the
           Plaintiff in accordance with an order to be submitted by the Plaintiff.

         THE COMMONWEALTH         DEMANDS A JURY TRIAL ON ALL MATTERS TRIABLE As SUCH
                                                                                     '


                                                   THOMAS M. QUINN III
                                                   DISTRICT ATTORNEY.
                                                   BRISTOL DIS

                                                                                          Z

                                                                   Thomas R. Hunt
                                                                   Assistant District Attorney
                                                                   Bristol District
                                                                   888 Purchase Street
                                                                   New Bedford, MA            02740
                                                                   (508) 997-0711
                                                                   Thomas.R.Hunt@massmail.state.ma.u
                                                                    February 12, 2016