[2014] Eyes Pried Open: Rookie FBI Agent Read online

  At 2:00 a.m. we departed for Big Bear from San Diego. We drove for a couple of hours on I-15 and then exited and took smaller mountain roads to the higher altitude of Big Bear. After locating our rendezvous point at the local sheriff’s station, we convened with other law enforcement officials and determined our final arrest plan. For this arrest I borrowed another agent’s shotgun, and was assigned to a position at the back of the subject’s property in case anyone tried to flee. Arrests like this are intimidating because an agent simply does not know what unexpected scenario could play out. The FBI tries to plan ahead by researching all of the residents of a property where a search or arrest will occur to make sure that there are no outstanding warrants; however, criminals are often transient and hang out at other criminals’ houses. Although most arrests occur smoothly and without incident, agents never know when they are going to come across a wanted violent criminal that they had not planned on encountering.

  When the clock struck six a.m., we drove up rapidly but quietly to the arrest site, and agents silently exited the vehicles and prepared to enter the property. This particular arrest scenario was unusual in that there were two houses on one lot, one large and one small, which formed a small compound. Surrounded by trees, it evoked images of similar locations I had seen where outcomes had been fatal for law enforcement and the criminals whom they were attempting to arrest. Wearing my bulletproof vest, with a shotgun in hand, I felt prepared and incredibly alert. I ensured that I had a round in the chamber of the shotgun, and placed my finger lightly on the safety. In an effort to make the least amount of noise possible, I stepped lightly and took up a position behind the primary residence on the property with my shotgun barrel pointing to a double glass door.

  Shortly after taking my position, I heard shouting and demands of the FBI being issued to the residents to open the door and come out with their hands up. I waited anxiously, envisioning a crazy drugged-out person who could come crashing through the glass window at any time with a machine gun ready to open fire. But nothing of any particular danger or excitement happened in this arrest, which is the normal occurrence for FBI arrests. The residents included an older couple, along with the subject whom we were arresting. In addition, there was a young girl who appeared to be the subject's daughter. All parties seemed perplexed that the FBI was there, and at a glance, nobody in this family seemed to be a hardened criminal type.

  We arrested and secured the subject, and then began a methodical search of the property. I volunteered to perform the role of taking crime scene photos, and I helped to organize the search, room by room. The search was for evidence of drugs; however, after several hours we found very little evidence that would be useful in court. The subject was arrested for transporting one pound of meth to drug dealers in San Diego. That had been several months ago, and the subject claimed not to have returned to the San Diego vicinity since then. Based on the lack of evidence at her property, it seemed to me that the subject had probably steered clear of criminal activity recently. But unfortunately for her, a past lapse in judgment had caught up with her.

  We wrapped up the search, and it was time to head back to San Diego with our prisoner. FBI standard operating procedure for transporting criminals includes cuffing the prisoners’ hands behind their backs. This can be quite uncomfortable, even for a short period of time. In this case, we tried to allow as much comfort as possible while fulfilling the FBI's requirements. The plan was for me to drive while my partner rode in the back seat with the prisoner. If the prisoner attempted to cause trouble or escape, this activity would be immediately noticed and corrected by the agent in the back seat. The FBI has the policy of having an agent sit in the back seat with prisoners during transport because there have been multiple cases of prisoners who free themselves in the back seat of a police car, and then injure or kill the officers who are transporting them. I was not overly concerned about our prisoner, who seemed more tired and confused than threatening. I will never forget the sheer devastation on her face as we took her away in handcuffs in front of her family, including her daughter. If this scene and raw emotions could be conveyed to potential future criminals, that would probably set them straight where all other methods fail.

  We began to drive back down the twisty mountain roads, heading from Big Bear to San Diego. Following FBI procedure, we radioed to the San Diego office and informed agents of our time and mileage. After driving about ten miles, I noticed the heat indicator on the dashboard was showing that the engine was extremely overheated. I could not believe how unfortunate and unlucky this was; I had followed all instructions and training to the letter, but was confronted with a situation that I did not know how to handle. But part of the training we received was focused on how to handle any surprise that arises; namely, “do the right thing” and use common sense. So I informed my partner that the car was overheating, and if we continued, permanent engine damage would occur. I then found a side road with an open gravel area next to the road, and pulled into that location. A massive amount of steam erupted from the car; clearly there was a serious problem that was beyond my ability to fix on the spot. I pressed the button on my microphone and tried to radio for help, but there was no response; we were out of range due to the hills and valleys of the surrounding terrain. As a last resort, my partner and I each attempted to use our cell phones to call for help, and again we were met with failure; all communications were in a “dead zone.”

  There was nothing else to do but wait for the other agents to drive by as they were returning to San Diego. So she could be comfortable, we pulled the prisoner out of the back seat and let her stretch her legs. Now that we were out of the car, I walked a few yards to the highest spot I could find, and while literally standing on my toes I managed to get a cell signal. I conducted a quick and garbled call to the San Diego FBI office and informed them of the situation. They said to hang tight and promised to radio for help from other agents immediately.

  We had time to kill before help arrived. The scene was no doubt memorable to anyone who happened to drive by; there was a woman in handcuffs, with two FBI agents standing guard, complete with a car with the hood popped open and steam slowly rising. Several cars slowed, and one person offered to assist. We motioned people forward with a smile, and thought to myself that this was certainly not something that would have happened with my old corporate job. While I figured that someday I would look back and laugh, I still was still nervous and concerned that something else would go wrong. I certainly had not anticipated having this much excitement as part of my first prisoner transport in which I was the driver.

  Other agents finally arrived, much to our relief. We swapped out vehicles with the other agents and continued our journey. As soon as we got into radio range, I was able to talk with the personnel at San Diego. I told them the whole story of my vehicle breaking down, causing the delay. I could hear laughter and excitement in the background back at the office, because they knew I was a new agent and had really been challenged with an unusual scenario. Even for seasoned FBI agents, transporting prisoners is not a frequent occurrence. To be a new agent and to experience a vehicle breakdown while transporting a prisoner through the mountains and to have been out of communication during the ordeal was an experience that few agents share.

  My partner and I talked with the prisoner on the several hour drive back to San Diego. We were not probing for information or a confession; we just wanted to ease some of the pain and anguish that she was going through. I told her that I liked the Big Bear area and that I planned to show the area to my wife, and asked her about what types of recreational activities were available and if she had any lodging recommendations. While our prisoner was not extremely talkative, I do think she enjoyed a little bit of light conversation to help ease her mind and let her know that even though the FBI had arrested her, we would treat her with the fairness and respect that she or any other citizen deserves. As with most
prisoners, she wanted to know the specific charges she was facing, and what the maximum sentence was for those charges. I shared with her as much information as I knew and treated her exactly like I would want to be treated if our roles were reversed. I explained to her that she had been arrested for transporting of drugs, and I explained that I did not know for sure what type of prison sentence she could be facing. But I did share that I had heard word-of-mouth that for her offense that she could get up to ten years, although there tends to be a great degree of variability with sentencing, assuming that the case makes it to that point.

  To some degree, as I would on other occasions for other subjects who I helped to arrest, I felt sorry for her and hoped that she could get a reduced sentence. She had a family, had been staying in Big Bear without any trouble, was holding a legitimate job, and seemed to have her life on track. However, she was about to be pulled back into the justice system; prisons have a way of keeping people in trouble permanently, even after they have served their time. Facing felony charges, her future did not look bright; depending on the sentence, her daughter would almost be an adult by the time she would be released. The reality was that the subject had tried to make some quick, easy money, and was going to pay the price for her bad judgment.

  We finally made it to San Diego, were greeted with smiles from an array of FBI employees who had heard about our ordeal of breaking down, and dropped off our prisoner for further processing. My parting words to our prisoner were simply “good luck.” I truly meant it. As with many cases and criminals that I encountered, I never learned the final outcome of her case, but I wished her the best.

  CHAPTER 29

  FBI SWAT

  The FBI San Diego Division has a SWAT (Special Weapons and Tactics) team, used for arrests with a high degree of danger and violence. An FBI SWAT team consists of about twenty agents from various squads with a wide range of experience levels. These agents, all of whom are in excellent physical and mental condition, are required to undergo special physical and firearms handling requirements that are above and beyond the already high levels established for regular FBI agents. The SWAT team members have an incredible level of dedication. They go through a rigorous training regimen and are almost always on-call for a variety of potential situations that can develop, including arrests, barricaded subjects, and other hazardous situations. During my time in San Diego, the team, which had previously been headed up by my squad supervisor, had several team members from my squad.

  After chatting with SWAT team members, I had an urge to see the team in action, so I voluntarily elected to assist the SWAT team with an arrest. The subject of the arrest, who was considered to be armed and dangerous, was a gang member, and merited an arrest approach using the careful planning and execution that the SWAT team offered. My assignment was to arrive in visual range of the house of the gang member in a location that would not be conspicuous, yet would allow me to keep watch on the house continuously. I was to look for signs of activity, such as a moving curtain, lights being turned on or off, or anyone entering or leaving the premises through doors or windows. The arrest was to occur at 6:00 a.m., so I arrived with a fellow agent who was a SWAT team member over an hour in advance to keep watch on the arrest location. While most agents do not get the opportunity to watch a SWAT team operate, I was fortunate to participate and to listen in on the SWAT radio frequency as the arrest was executed.

  We carefully observed the house, an activity which is literally called “having the eye.” We saw no movement inside, so as the arrest time approached, my partner radioed back to the staging area for the SWAT team that there was no activity in the house and that the operation was a “go.” Over the radio we heard SWAT team commands instructing agents to load up in their vehicles and drive to the scene. We continued to keenly view the house; we knew that if we failed to spot a prepared and armed criminal, that could result in a fatal day for the SWAT team members. But the morning was quiet and we saw no activity; there was nothing else for us to do except enjoy being in a fantastic position to sit back and watch the show. Within a few minutes we witnessed multiple large SUVs loom out of the darkness. We caught a glimpse of more SUVs quickly rolling through the alley behind the house, images which were exactly what most people envision as the typical FBI arrest. For me it was an absolute thrill, and seeing the action unfold was better than having a front row seat in a theater with 3-D.

  Agents, fully geared with matching outfits, goggles, helmets, and assault weapons, flew from their vehicles in orchestrated fashion. I was giddy with anticipation, knowing a criminal was about to have the rudest wake-up in his life. The agents quietly and quickly moved in lines next to the doors and windows and prepared for the arrest.

  Following FBI protocol, an agent rapped on the front door and yelled out a command for the occupants of the house to immediately open the door and come out with their hands up. I could clearly hear the commands from a hundred yards away with my vehicle’s windows rolled up. There was still no activity from the house, which meant the next steps in the arrest process were about to get much more interesting.

  SWAT teams often make “dynamic entries,” which means team members go into the criminal’s turf to make an arrest. Dynamic entries are extremely dangerous compared to other arrest scenarios. Potentially subjects can be awake and merely waiting for law enforcement to enter their premises, a situation which can easily be deadly for the arresting officers or agents. The advantage with a non-dynamic arrest is that law enforcement is safely positioned and simply has to wait for the person to come out with his or her hands up. But the disadvantage of a lengthy non-dynamic arrest is that the subjects have plenty of time to think about their predicament, which increases the odds that they will grab weapons and respond violently to the threat, law enforcement, who wants to take away their personal freedom, in the form of an arrest. Innocent bystanders or occupants can be injured or killed in this scenario. Therefore, depending on the background and mindset of a subject, a dynamic arrest can potentially offer a safer alternative than “waiting out” a subject. Another advantage of a dynamic arrest is that subjects are not given time to conceal a crime by destroying evidence. That is incredibly important, because without evidence, a criminal who cannot be prosecuted due to lack of evidence will be back on the streets, and will almost always continue to be involved in criminal activities. The decision on how to conduct an arrest is one of the numerous difficult judgment calls that are frequently made by FBI agents. In hindsight, the right decision always seems clear, but prior to an arrest, the best and safest route is only an educated guess.

  We continued to watch the SWAT team members and saw the agents unloading a battering ram that would be used to force entry into the property. Next, the agent with the ram took a huge swing at the front door and cracked it open on the first attempt. The other SWAT team members swarmed into the house, and almost without breathing, we listened to the radio traffic crackle with activity. Watching the SWAT team members in action was exhilarating, and I could feel a slight wave of adrenaline as they performed their dangerous work. And I was sitting safely behind the wheel of my car, without exposure to any danger. I could only imagine what those guys were feeling; I assumed it was an addictive and powerful mixture of fear and aggression. While my violent crime squad performed dangerous activities, it was nothing compared to the extreme hazards that SWAT teams are frequently subjected to. I loved watching the SWAT team in action but was glad to be in the crowd and not onstage.

  Over the radio we could hear some confusion developing; it sounded as if the subject had not been arrested, and the house still had locked doors. Only a matter of seconds after digesting this news, we heard and felt a massive boom that originated from the arrest property. The sound was so loud that the floorboard of our vehicle vibrated and the images in the mirrors briefly blurred. The FBI SWAT team had just used a flash grenade, which is a device intended t
o stun subjects and put them at a disadvantage in an arrest situation. The grenade successfully stunned the subject and helped the SWAT team members finish their jobs; a short time later we saw the subject being led out of the house in handcuffs.

  The arrest was a great success; no criminals, FBI agents, or innocent bystanders had been hurt. I was impressed with the efficiency, precision, and judgment that the SWAT team had displayed, and I could see that almost any person who decided to go up against the SWAT team was going to come out on the losing end.

  CHAPTER 30

  German Rapper

  In the course of my work as an FBI agent, I encountered an unusual bank robber. The FBI learned through an informant the possible identity of the subject, who had robbed several banks using takeover-style tactics. A combination of video evidence and the informant’s information pointed us to the robber’s identity, although we did not have sufficient evidence to arrest him and be absolutely confident that he would be convicted. The FBI began surveillance so we could learn more about the patterns the robber followed, such as where he went during the day and during the evening, and whom he associated with regularly. We would be ready if he tried to strike again before we had time to build a rock-solid case for his arrest. My squad, which was responsible for bank robbery investigations, was also responsible for the surveillance. We began our operations and watched him for a period of several days. Some of our technical experts placed a tracking device on his vehicle, which was a “tricked out” (or “pimped out,” as many would say) Mercedes sedan. This was an appropriate vehicle for our subject to drive; he turned out to be a German-born rapper.