Open Cooler containing Fentanyl
Fentanyl stored in an apartment on same floor as a daycare center; children evacuated as a precaution during law enforcement search
Bridget G. Brennan, New York City’s Special Narcotics Prosecutor, Bronx District Attorney Darcel D. Clark, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration’s (DEA) New York Division (NY), New York City Police Commissioner Jessica S. Tisch, New York State Police Superintendent Steven G. James, and William S. Walker, Special Agent in Charge of Homeland Security Investigations (HSI) New York, announced the arrest of Xiex CRUZ following an arraignment last night in Manhattan Criminal Court, where Judge Michael Ryan ordered CRUZ remanded.
A criminal complaint filed by the Office of the Special Narcotics Prosecutor (SNP) charges CRUZ with Operating as a Major Trafficker, Criminal Sale of a Controlled Substance in the First Degree, and Criminal Possession of a Controlled Substance in the First and Third Degrees.
The investigation was conducted by the New York Organized Crime Drug Enforcement Strike Force Group Z-42, with assistance from SNP’s Investigators Unit. Strike Force Group Z-42 is comprised of agents and officers from DEA New York Division, the New York City Police Department (NYPD), the New York State Police, and HSI New York.
Special Narcotics Prosecutor Bridget Brennan said, “I thank the investigators and prosecutors who collaborated to shut down a fentanyl packaging and distribution operation inside a residential building housing two daycare centers. The building also faces a school playground. Given the location, the defendant Xiex Cruz potentially imperiled the health and safety of dozens of residents, including children. During a search of the apartment, where 26 pounds of narcotics seized in this case had been stored, fentanyl was released into the air, causing several investigators to experience symptoms. They were examined for fentanyl exposure by medical personnel. Fortunately, no one in the building suffered significant harm, but this underscores the profound dangers posed by exposure to the deadly drug.”
Bronx District Attorney Darcel D. Clark said, “The presence of a large amount of fentanyl in an apartment just down the hall from a home daycare center in a Bronx building endangered the children and all the residents of the building. Fortunately, investigators seized the toxic drug and shut down the trafficking operation, averting a potential tragedy. It recalls the horrible death of toddler Nicholas Dominici last year in a home daycare used as a fentanyl mill. I thank our partners in law enforcement for their work in this investigation, and for putting themselves at risk in handling this dangerous substance.”
DEA Special Agent in Charge Frank A. Tarentino III said, “Another 12 kilos of fentanyl have been removed from the streets of NYC. Earlier this week, members of our DEA New York Strike Force Team and our law enforcement partners arrested Mr. Xiex Cruz during an undercover operation which resulted in a search of his apartment. Upon entering Mr. Cruz’s apartment, members of our DEA Team were immediately overcome with fumes from Mr. Cruz’s fentanyl operation mill. In addition, during this search, members of DEA New York became aware of a daycare center operating only 30 feet from Mr. Cruz’s apartment. Our team acted quickly and immediately evacuated the first floor of the building as a precautionary measure to limit any other possible exposure. Although this operation was successful, it clearly highlights the dangers that our law enforcement personnel face every day, as well as the dangers posed to the community when high level drug traffickers like Mr. Cruz use common living space to operate illegal drug dens. Mr. Cruz’s blatant disregard to the health and safety of his neighbors was evident based on the evidence collected. The DEA will continue to do everything possible to stop the poisoning of our communities.”
NYPD Commissioner Jessica S. Tisch said, “This case once again highlights the numerous risks that law enforcement officers face while combating the dangerous narcotics trade in our communities. And it is wholly unacceptable that this accused drug trafficker was operating in such close proximity to an active daycare facility. The NYPD, along with our local, state, and federal partners, remains steadfast in our mission to identify, investigate, and hold accountable anyone who dares to sell this deadly poison in New York City.”
New York State Police Superintendent Steven G. James said, “Every drug operation intercepted is saving lives and decreases the additional crime that surrounds the distribution of these illegal and dangerous drugs. I thank the Special Narcotics Prosecutor’s Office, the U.S. Drug Enforcement Administration, Bronx District Attorney’s Office, and other law enforcement partners for their shared mission in combating these threats. Together, we will continue to aggressively target and eliminate these operations and those who seek to destroy the quality of life within our communities.”
“As we’ve seen time and time again, the fentanyl epidemic continues to plague our communities,” said HSI New York Special Agent in Charge William S. Walker. “The defendant’s alleged trafficking and distribution operation was fueled by greed and exposed the community to the scourge of this deadly drug. Simply put, the defendant placed his own financial gain over the health and safety of those who reside in that neighborhood. HSI New York proudly stands alongside its law enforcement partners to combat the drug epidemic on a daily basis, in an effort to free our communities from illicit drugs while holding narcotics traffickers involved in the distribution of illegal substances accountable.”
On November 19, 2024, CRUZ again arranged to meet the undercover at the same parking lot at 2241 Southern Boulevard. Immediately before the meeting, members of Strike Force Group Z-42 conducted surveillance at 780 Garden Street, Apartment 1A. They saw CRUZ leave the apartment carrying a weighted down red bag and walk to meet the undercover. CRUZ subsequently handed the undercover the bag, which allegedly contained a kilogram of a fentanyl/heroin mixture and received $18,000 cash.
On the afternoon of December 10, 2024, CRUZ allegedly arranged to meet the undercover officer a third time. Agents and officers once again conducted surveillance at 780 Garden Street and observed CRUZ leave Apartment 1A with a weighted down grey knapsack and meet the undercover at 2241 Southern Boulevard. CRUZ provided four kilograms of fentanyl to the undercover, who had agreed to pay $72,000 cash. Members of Strike Force Group Z-42 arrested CRUZ and recovered a cellphone and a set of keys, later confirmed to be keys to 780 Garden Street, Apartment 1A.
At approximately 2:40 p.m., agents, officers and investigators conducted a search of the apartment. Inside a back bedroom they found two coolers. From one cooler, they recovered four kilograms of suspected fentanyl and three large plastic bags containing loose powder, also believed to be fentanyl. When agents and officers removed the lid of the second cooler, they discovered it contained loose powder, some of which was released into the air and produced a strong odor.
Some law enforcement officers began displaying various symptoms and the apartment was evacuated. The NYPD’s Emergency Service Unit (ESU) and HazMat Team and the New York City Fire Department’s Bureau of Emergency Medical Services (FDNY EMS) were called to the scene.
Meanwhile, agents, officers and investigators alerted a daycare center located in Apartment 1E that a narcotics operation had been uncovered in Apartment 1A. Children inside the daycare center were evacuated as a precaution, along with all inhabitants of the first floor of 780 Garden Street.
Emergency medical responders from FDNY and the NYPD established a temporary triage area to evaluate all law enforcement officers who had been present in Apartment 1A for possible fentanyl exposure.
Members of the NYPD’s ESU and HazMat Team subsequently entered and secured the apartment, recovering the cooler containing the suspected fentanyl powder and two more bricks of fentanyl. Additionally, they observed containers of liquid chemicals. Members of the New York City Department of Environmental Protection arrived and secured these containers.
In total, six kilogram-sized packages believed to be fentanyl were recovered from the back bedroom of the apartment, along with three large plastic bags of fentanyl, and a large quantity of loose powder.
DEA laboratory analysis of the substances recovered on the day of the arrest is still pending. Analysis of the narcotics sold to the undercover officer on October 9 and November 19, 2024 confirmed the presence of fentanyl.
Special Narcotics Prosecutor Bridget Brennan thanked Bronx District Attorney Darcel D. Clark, and commended SNP’s Special Investigations Bureau and Investigators Unit, DEA New York Division, the New York Organized Crime Drug Enforcement Strike Force, the New York City Police Department, the New York State Police, and HSI New York for their work on the investigation.
Special Prosecutor Brennan also thanked all the emergency medical responders and hazardous materials teams from FDNY and the NYPD for their quick response, and for ensuring the health and safety of inhabitants of 780 Garden Street and law enforcement officers present at the scene.
