By Clair McFarland, State Courts And Crime Reporter
Police used the location data stored in a Cheyenne man’s cellphone to implicate a him in dealing fentanyl.
In a charging document that became public Thursday, the U.S. Attorney for Wyoming charged Kyle Aubrey Rozell, 34, with three fentanyl distribution charges.
Police linked Rozell with accused fentanyl dealer Elexus Lucero, 25, when a Cheyenne police officer pulled the pair over in Lucero’s Lexus for a traffic violation Aug. 23.
A Laramie County Sheriff’s Office sergeant arrived on scene and deployed Arie, his narcotics alert dog, to sniff the Lexus, according to an evidentiary affidavit filed Thursday in federal court.
Arie alerted on the car, and police searched Lucero’s Lexus. In it they found a black purse containing 14 small blue round pills that later tested positive as fentanyl. They also found two digital scales, about $2,000 in cash and “numerous” unused jewelry bags in the glove box, the affidavit says.
In a green backpack on the floor, police reportedly found less than 3 grams of suspected black tar heroin and $900 in cash. An officer “also seized” a black phone from inside the car, the affidavit says.
Police arrested Rozell on an outstanding warrant, and Lucero for drug possession.
Lucero admitted when interviewed that she owned the purse but denied knowledge of the pills, the affidavit alleges.
Rozell denied knowing about the fentanyl and said nothing in the car was his, including the money and phone.
K Thuggin 2
DEA task force agent Sean Smith applied for and received search warrants for both arrestee’s phones. Both Verizon and T-Mobile handed over the suspects’ phone data after receiving warrants.
When Smith searched Lucero’s phone he found text messages between her and another phone police believed to be Rozell’s, because it was linked to Rozell’s Facebook account.
Lucero had saved Rozell’s number as “K Thuggin 2,” the affidavit says.
Lucero on Aug. 23 allegedly texted Rozell, “Lemme buy 35 for 100,” which police believed referred to 35 pills for $100.
Watching The Phone Travel
Smith found a contact on Lucero’s phone he believed was her supplier, a man in Aurora, Colorado.
Lucero is accused of buying about 7,300 fentanyl pills and 990 grams of meth over four separate visits to the Colorado man, based on her phone text records.
Police dug into Rozell’s phone records to search his July and August location data. Rozell’s phone pinged cell towers near Cheyenne when Lucero was closer to Cheyenne during an alleged drug pickup. Rozell’s phone pinged towers near Aurora when Lucero was closer to Aurora.
When Lucero left an alleged drug pickup in Aurora on Aug. 8, Smith “observed” via phone data records that Rozell’s phone “traveled” from Aurora back to Cheyenne.
Of the three drug charges against Rozell, one of them could be based in part or altogether on his phone’s data. The alleged drug drops in that charge date from July 20 through Aug. 23, 2022.
The second count dates to the same date, when Rozell was allegedly texting with Lucero about a fentanyl exchange.
The third count dates to Feb. 28, 2023.
Rozell’s indictment comes after a Drug Enforcement Administration agent arrested Rozell Feb. 28 at the R&B Breakfast Club in Cheyenne.
He faces between five and 80 years in prison and up to $7 million in fines if he’s convicted.
Lucero faces two drug distribution counts in federal court, between five and 60 years in prison and up to $4 million in fines, according to court documents.
