United States v. RUBINSKY PADILLA; and LUIS ROSARIO, Southern District of New York (Feb. 15, 2024) — Complaint

AUSAs: Ashley C. Nicolas and Lisa Daniels 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
 
UNITED STATES OF AMERICA 
 
v. 
 
RUBINSKY PADILLA, and 
LUIS ROSARIO,  
              a/k/a “Gallo,” 
 
                                       Defendants. 
 
        
      COMPLAINT 
 
      Violations of 21 U.S.C. §§ 841 and 846 
 
      COUNTY OF OFFENSE: 
      BRONX 
 
SOUTHERN DISTRICT OF NEW YORK, ss.: 
 
 Jose Reyna, being duly sworn, deposes and says that he is a Detective with the New York 
City Police Department (“NYPD”), and charges as follows: 
 
COUNT ONE 
(Narcotics Trafficking Conspiracy) 
 
1. From at least in or about October 2022 through at least in or about February 2024, 
in  the  Southern  District  of  New  York  and  elsewhere, RUBINSKY  PADILLA  and  LUIS  
ROSARIO,  a/k/a  “Gallo,” the  defendants,  and  others  known  and  unknown,  knowingly  and  
intentionally  combined,  conspired,  confederated,  and  agreed  together  and  with  each  other  to  
violate the controlled-substance laws of the United States. 
 
2. It was a part and an object of the conspiracy that RUBINSKY PADILLA and LUIS 
ROSARIO,  a/k/a  “Gallo,”  the  defendants,  and  others  known  and  unknown,  would  and  did  
distribute  and  possess  with  intent  to  distribute  a  controlled  substance,  in  violation  of  Title  21,  
United States Code, Section 841(a)(1). 
 
3. The controlled substances   involved in the offense were (i) 400 grams and more of 
mixtures and substances containing a detectable amount of fentanyl, in violation of Title 21, United 
States Code, Section 841(b)(1)(A); (ii) 100 grams and more of mixtures and substances containing 
a detectable amount of para-fluorofentanyl, a fentanyl analogue, in violation of Title 21, United 
States Code, Section 841(b)(1)(A); (iii) 500 grams and more of mixtures and substances containing 
a detectable amount of cocaine, in violation of Title 21, United States Code, Section 841(b)(1)(B); 
and (iv) 100 grams and more mixtures and substances containing a detectable amount of heroin, 
in violation of Title 21, United States Code, Section 841(b)(1)(B). 
 
(Title 21, United States Code, Sections 846 and 841.) 
 
 
 
 

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The bases for my knowledge and for the foregoing charges are, in part, as follows: 
  
4. I  am  a  Detective with the  NYPD,  and  I  have  been  personally  involved  in  the  
investigation  of  this  matter.  This  affidavit  is  based  upon  my  personal  participation  in  the  
investigation,  my  examination  of  reports  and  records,  and  my  conversations  with  other  law-
enforcement officers and other individuals. Because this affidavit is being submitted for the limited 
purpose of demonstrating probable cause, it does not include all the facts that I have learned during 
the course of my investigation. Where the contents of documents and the actions, statements, and 
conversations of others are reported herein, they are reported in substance and in part, except where 
otherwise indicated. 
 
Background 
 
5. Based  on  my  investigation,  including  conversations  with  and  review  of  reports  
created by an NYPD detective (the “Detective”), as well my review of 911 calls, I have learned 
that, at  least  since  in  or  about  October  2022,  a  group  of  narcotics  traffickers  (the  “DTO”)  have  
maintained a narcotics operation at  a house located at the street address 755 Coster Street, Bronx, 
New  York  (“755  Coster”).  755  Coster  is  a three-story,  two-family  residence controlled  in  its  
entirety  by  the  DTO.  As  further  described  herein,  the  DTO  routinely  sells,  among  other  things, 
heroin, fentanyl  and fentanyl  analogue,  and has  continued  operations  despite  repeated  law 
enforcement actions including search warrants, drug seizures, and arrests. 
 
6. Based on my investigation, including my conversations with the Detective and my 
review of reports created in connection with undercover narcotics purchases, as well as a 911 call 
report from a witness (“Witness-1”), I have learned that the DTO operates out of 755 Coster every 
day from at least approximately 10 a.m. to 12 a.m. The front door to 755 Coster is typically left 
open,  and  narcotics  transactions  often  take  place  inside  755  Coster.  Usually,  a  member  of  the  
conspiracy is  stationed in a lawn chair in the entryway of the residence while other members of 
the conspiracy are located inside and outside 755 Coster to service customers. 
 
7. Based on my investigation, including my review of 911 calls, police reports, and 
complaints from the community, including an interview of an individual (“Witness-2”) who lives 
in the vicinity of 755 Coster, I have learned, among other things, in substance and in part, the area 
in  which  755  Coster  is  located  in  a  residential  area  that  is  plagued  by  the  persistent  narcotics  
operation  running  out  of  755  Coster.  For  example,  Witness-2 described  witnessing  drug  sales,  
seeing  drug  paraphernalia  on  the  sidewalk  in  the  proximity  of  755  Coster,  and,  in  the  summer  
months, witnessing individuals who appeared to be suffering from drug addiction, often loitering 
or unconscious, in the vicinity of 755 Coster.  
 
8. Based on my investigation, including my review of arrest reports, I am aware that, 
(a)  between  approximately  2015  and  2024,  RUBINSKY  PADILLA,  the  defendant,  has  been  
arrested  on  nine  occasions  for  narcotics  offenses  in  the  vicinity  of  755  Coster;  and  (b)  between  
approximately 2015 and 2024, LUIS ROSARIO, a/k/a “Gallo,” the defendant, has been arrested 
on fifteen occasions for narcotics offenses in the vicinity of 755 Coster. 
 
 
 
 

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The Defendants Sell Narcotics to Undercover Officers 
 
9. Based on my review of NYPD records as well as my conversations with a NYPD 
detective who conducted surveillance at 755 Coster, I have learned, that on or about and between 
December 9, 2022, and on or about December 15, 2023, NYPD officers   acting in an undercover 
capacity made at least six narcotics purchases in 755 Coster. In particular: 
 
a. On  or  about  December  9,  2022—less  than  two  weeks  after  an overdose  death  
described in more detail below—an undercover NYPD officer (“UC-1 ”) entered 755 Coster, met 
an individual later identified as RUBINSKY PADILLA,
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 the defendant, and proceeded to a first-
floor  bedroom  where  UC-1  purchased  two  yellow  glassine  envelopes  each  containing  a  tan  
powdery  substance  from  PADILLA  in  exchange  for  $20.  The  substance  later  was  tested  and 
confirmed  to  contain heroin  and  fentanyl  at  the  NYPD  Controlled  Substances  Analysis  Section  
(the “NYPD Laboratory”).   
 
b. On or about December 28, 2022, UC-1 entered 755 Coster through the front door 
and met PADILLA inside. PADILLA and UC-1 proceeded into a bedroom on the left-hand side 
of the first floor, where UC-1 purchased two pink glassine envelopes containing a tan powdered 
substance from PADILLA in exchange for $20. The substance later was tested and confirmed to 
contain heroin and fentanyl at the NYPD Laboratory.   
 
c. On or about January 12, 2023, UC-1 entered 755 Coster through the front door and 
met  with  an  individual  known  to  UC-1 as  “GALLO,” who  was  later  identified  as  LUIS  
ROSARIO,
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 the defendant. ROSARIO and UC-1 then proceeded into a bedroom on the left-hand 
side of the first floor, where UC-1 purchased ten pink glassine envelopes containing a tan powdery 
substance from ROSARIO in exchange for $60. The substance was later tested and confirmed to 
contain heroin and fentanyl at the NYPD Laboratory. During the transaction, ROSARIO identified 
himself to UC-1 as PADILLA’s brother-in-law.  
 
d. On or about January 20, 2023, UC-1 entered 755 Coster and met with ROSARIO. 
UC-1 and ROSARIO proceeded to a first-floor bedroom where UC-1 purchased ten pink glassine 
envelopes containing a tan powdery substance from ROSARIO in exchange for $60. The substance 
later was tested and confirmed to contain heroin and fentanyl at the NYPD Laboratory. 
 
e. On  or  about  March  29,  2023,  UC-1  approached 755  Coster  and  observed  
ROSARIO  sitting  in  front  of  the  building.  UC-1  entered  the  building  and  met  with  another 
individual (“CC-1”) inside the foyer. UC-1 purchased ten blue glassine envelopes containing a tan 
 
1
 Based on my review of NYPD records and conversations with other law enforcement officers, I 
have  learned  in  substance  and  in  part  that  on  or  about  February  15,  2023,  a  photo  array  
identification procedure was conducted, during which UC-1 identified RUBINSKY PADILLA as 
the individual from whom UC-1 purchased narcotics at 755 Coster on December 9 and 28, 2022. 
 
2
 Based on my review of NYPD records and conversations with other law enforcement officers, I 
have learned in substance and in part that on or about April 6, 2023, as described in more detail 
below, the NYPD executed a search warrant at 755 Coster, and arrested, among others, ROSARIO, 
who was inside 755 Coster at the time. Following ROSARIO’s arrest, UC-1 identified ROSARIO 
as “GALLO” from whom UC-1 previously had purchased narcotics at 755 Coster.
 

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powdery substance from CC-1 in exchange for $60. During the interaction, CC-1 stated, in sum 
and substance, that “Gallo” is the boss. Based on my involvement in the investigation, including 
my conversations with the Detective, I have learned ROSARIO uses the nickname “Gallo.” The 
substance  in  the  blue  glassine  envelopes purchased  by  UC-1 was later  tested  and  confirmed  to  
contain heroin and fentanyl at the NYPD Laboratory. 
 
f. On  or  about  December  15,  2023, approximately  one  month  before  a   suspected 
overdose death described in more detail below, a second undercover NYPD officer (“UC-2”) met 
with  an  unidentified  man  (“CC-2”)  outside  of  1058  Southern  Boulevard,  in  the  vicinity  of  755  
Coster.  UC-2 and  CC-2 walked  together  to  the  corner  of  Coster  and  Hunt’s  Point.  CC-2 then 
walked to and inside of  755 Coster, shortly thereafter returning to UC-2.  UC-2 purchased three 
green glassine envelopes from CC-2 in exchange for $40. Based on my review of NYPD records 
and  my  training  and  experience,  I  believe  that  CC-2  went  into  the  Subject  Premises  to  retrieve  
narcotics  as  he  was  not  holding  a  supply  on  his  person  at  the  time  UC-2  approached  him. The 
substance in the green glassine envelopes later was tested and confirmed to contain heroin at the 
NYPD Laboratory. 
 
Surveillance and Witness Reports Regarding 755 Coster 
 
10. Based on my review of NYPD records, including 911 call reports, as well as my 
conversations with the Detective, who conducted surveillance at 755 Coster, I have learned, among 
other things, the following: 
 
a. On or about October 31, 2022, Witness-1 reported, in substance and in part, that 
the Witness-1 had observed what appeared to be narcotics transactions at 755 Coster, as well as 
numerous individuals going in and out of 755 Coster on a daily basis. Witness-1 also reported that 
it appeared that one person acted as a lookout, watching for law enforcement, at 755 Coster, and 
that there was a black gun at 755 Coster. 
 
b. On   or   about   November   4,   2022,   members   of   law   enforcement   conducted   
surveillance of 755 Coster and observed that it appeared to be a private residence and that the door 
of the residence was wide open. 
 
c. On  or  about  January  6,  2023,  an  individual  (“Individual-1 ”)  was  arrested  for  
criminal possession of stolen property by an NYPD officer in the 40th Precinct in the Bronx, New 
York. During a custodial interview, Individual-1 stated, in substance and in part, that Individual-1 
knew a male called “Abuelo” who lived at 755 Coster and was a daytime manager of the DTO’s 
operations  at  755  Coster.  Individual-1 stated  also  that  Individual-1 had  observed  Abuelo  in  
possession of a black semi-automatic firearm approximately one week earlier. Law enforcement 
later identified “Abuelo” as the individual described below as Victim-3 who died of a suspected 
drug overdose inside 755 Coster on or about January 19, 2024.  
 
d. On  or  about  January  14,  2023,  NYPD  officers  conducted  surveillance  of  755  
Coster.  The  officers  observed  multiple  people  entering  755  Coster  and  then  exiting  quickly  
thereafter. Based  on  my  training  and  experience,  I  believe this  pattern  to  be  consistent  with  
narcotics trafficking activity.  
 

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e. On or about February 13, 2023, an individual (“Witness-2”) reported in a 911 call 
that several men appeared to be selling heroin and fentanyl at 755 Coster. Witness-2 reported that 
the men had dropped drugs on the ground in the vicinity of 755 Coster, and that one of Witness-
2’s children almost picked up the drugs. 
 
f. On or about July 26, 2023, an individual (“Witness-3”) reported in a 911 call that 
individuals appeared  to  be  selling  drugs  inside  and  outside  of  755  Coster.  Witness-3  reported  
seeing people coming in and out of the residence throughout the day in a manner consistent with 
the 911 calls and NYPD surveillance described above. 
 
Search Warrants Executed at 755 Coster fr
om 2015 through 2024 
 
11. Based  on  my  review  of  NYPD  records,  and  conversations  with  other  law  
enforcement officers, I have learned,  in substance and in part, that between approximately in or 
about 2015 and in or about 2022, the NYPD executed seven search warrants at 755 Coster in an 
attempt to investigate and abate the narcotics trafficking activity. The NYPD recovered narcotics 
from 755 Coster during each search. For example: 
 
a. In or about 2015, the NYPD executed a search warrant at 755 Coster and recovered, 
among  other  things:  30  black  Ziplock  bags  containing  cocaine  base;  84  glassine  envelopes 
containing heroin; one plastic bag containing cocaine; 11 yellow Ziplock bags containing cocaine 
base;  6  large  rocks  of  cocaine  base  in  a  sandwich  bag;  56  zips  of  cocaine  base;  and  a  firearm,  
specifically, a 22 caliber Smith & Wesson.   
 
b. In or about 2019, the NYPD executed a search warrant at 755 Coster and recovered, 
among other things, over 60 Ziplock bags containing cocaine base and 20 blue glassine envelopes 
containing heroin.  
 
c. In or about 2020, the NYPD executed a search warrant at 755 Coster and recovered, 
among other things, 32 Ziplock bags containing cocaine, 68 Ziplock bags containing cocaine base, 
and 2 blue glassine envelopes containing heroin. 
 
d. In or about 2022, the NYPD executed a search warrant at 755 Coster and recovered, 
among other things, 12 green glassine  envelopes containing heroin, 40 Ziplock bags containing 
cocaine base, and an empty magazine for 9mm ammunition. 
 
12. Based  on  my  review  of  documents  provided  by  the  Bronx  District  Attorney’s  
Office, as well as my review of NYPD property vouchers, lab reports, and photographs taken at 
755  Coster  on  or  about  April  6,  2023,  I  have  learned  that  on  or  about  March  31,  2023,  the  
Honorable Matthew Grieco, County of Bronx, Criminal Court Judge, authorized a search warrant 
for 755 Coster.  On or about April 6, 2023, the NYPD executed that search warrant at 755 Coster 
(the “April 2023 Search”), and during that search, the following, among other things, occurred: 
 
a. Members  of  law  enforcement  encountered  and  arrested  RUBINSKY  PADILLA  
and LUIS ROSARIO, a/k/a “Gallo,” the defendants inside 755 Coster. Specifically:  
 
i. ROSARIO was arrested after he appeared to have exited the second-floor 
kitchen  and  walked  towards a    staircase. Inside  the  second-floor  kitchen,  members  of  law  

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enforcement recovered a black shopping bag containing 1,163 glassine envelopes of heroin and 
152 caps containing cocaine.  
 
ii. PADILLA was arrested inside a bedroom on the second floor, next to the 
second-floor kitchen.  The  NYPD  also  recovered  from  the  second-floor  bedroom,  among  other  
things: (i)  sixty  red  glassine  envelopes  containing  heroin,  fentanyl,  para-flurofentanyl,  and  6-
monoacetylmorphine; (ii)  fourteen  rubber  bands;  (  iii)  a  gray  handbag  containing  a  large  Ziploc  
bag containing cocaine as well as twenty-one-dollar bills; and (iv) a twist of cocaine.  
 
b. Members  of  law  enforcement  recovered,  among  other  things,  and  as  partially  
depicted below:
 
 
i. A prescription  bottle  containing  32  glassine  envelopes  of  a  substance  
containing heroin, fentanyl, para-fluorofentanyl, and 6-monoacetylmorphine; 
 
ii. A prescription bottle containing 49 vials of cocaine; 
 
iii. A  stuffed  toy  ghost  containing  50  glassine  envelopes  of  a  substance  
containing heroin, fentanyl, para-fluorofentanyl, and 6-monoacetylmorphine; 
 
iv. A clear baggie containing 28 vials of cocaine; 
 
v. A black scale;  
 
vi. A black shopping bag containing 1,163 glassine envelopes of a substance 
containing heroin and fentanyl, and 152 caps containing cocaine; and
 
 
vii. 60  glassine  envelopes of a  substance  containing  heroin,  fentanyl,  para-
fluorofentanyl, and 6-monoacetylmorphine. 

7 
 
 
Select narcotics recovered from 755 Coster during the April 2023 Search 
 
13. Based on  my participation  in  the  investigation,  I  have  learned  that,  on  or  about  
February 13,  2024,  the  Honorable  Valerie  Figueredo,  United  States  Magistrate  Judge,  Southern  
District of New York authorized a search warrant for 755 Coster.  On or about February 14, 2024, 
the NYPD executed the search warrant at 755 Coster (the “February 2024 Search”), and during 
that search, the following, among other things, occurred: 
 
a.  Members  of  law  enforcement  encountered  and  arrested  LUIS  ROSARIO,  a/k/a  
“Gallo,” the defendant, inside 755 Coster. Specifically:  
 
i. ROSARIO  was  arrested  on  the  first  floor  in  a  small  room  on  the  left  
immediately past the entrance. In that room, members of law enforcement recovered multiple small 
caps that, based on my observations, training, and experience, I believe contain cocaine base, and 
approximately three bundles of glassine envelopes that, based on my observations, training, and 
experience, I believe contain heroin.  
 
b. Members  of  law  enforcement  recovered,  among  other  things,  and  as  partially  
depicted below: 
 
i. Multiple  clear  plastic  bags  each  containing  tens  of  caps,  which,  based  on  
my observations, training, and experience, I believe contain cocaine base; 
 
ii. A box of light blue glassine envelopes; 
 
iii.  A large sieve and a smaller kitchen strainer; 

8 
 
 
iv. A blender; 
 
v. U.S. currency; 
 
vi. A medium and large clear plastic bag, each containing a powdery substance, 
which, based on my observations, training, and experience, I believe contains heroin; 
 
vii. Multiple bundles of glassine envelopes packaged in bundles, which based 
on my observations, training, and experience, I believe contain heroin. 
      
Select narcotics and packaging paraphernalia recovered from 755 Coster during the February 2024 Search 

9 
 
 
Select narcotics and paraphernalia recovered from 755 Coster during the February 2024 Search 
 
The Overdose Deaths 
 
14.  Based on my review of information obtained from, among other sources, NYPD 
complaint reports, an NYPD database, records from the Office of the Chief Medical Examiner for 
the City of New York (“OCME”), and discussions with other members of law enforcement, I have 
learned, among other things, that from approximately in or about 2018 through in or about 2024, 
there have been at least 30 non-fatal and twelve fatal overdoses, or drug poisonings, within a radius 
of  approximately  three  city  blocks  of  755  Coster,  three  of  which  are  described  in  more  detail  
herein. 
 
Victim-1 
 
15. Based on my review of surveillance video, call detail records, a 911 call, and reports 
prepared by members of the NYPD, I have learned, among other things, the following: 
 
a. On  or  about  November  27,  2022,  at  approximately  11:06  p.m.,  an  individual  
(“Individual-2”) placed a frantic 911 call reporting that Individual-2’s “friend” (“Victim-1”) had 
“OD’ed.” 
 

10 
 
b. The next day, on or about November 28, 2022, NYPD Officers found Victim-1’s 
body—in a state of rigor mortis—on the side of the road near the northeast corner of Oak Point 
Avenue and Barretto Street in Bronx, New York—around the corner and approximately a four-
minute walk  from  755  Coster.  When  they  discovered  Victim-1’s  body,  the  officers  recovered  a  
hypodermic needle in close proximity to the body. 
 
c. On or about March 7, 2023, the OCME determined that Victim-1 died from acute 
intoxication from the combined effects of fentanyl and cocaine.  
 
d. On or about June 20, 2023, Individual-2 who was with Victim-1 at the time of his 
death—informed  law  enforcement,  in  substance  and  in  part,  that  Individual-2 obtained  what 
Individual-2 understood to be the drugs that caused Victim-1’s death from a particular house in 
the Bronx, New York. Based on Individual-2’s description of the house and my involvement in 
the investigation, I believe that Individual-2 was referring to 755 Coster.  
 
e. On or about April 6, 2023, following his arrest, described above, LUIS ROSARIO, 
the  defendant, was  advised  of  his  Miranda rights,  and  thereafter  agreed  to  review  a  set  of  
photographs from law enforcement. ROSARIO identified a photograph of Individual-2 as a person 
“that always goes to buy dope,” which I understand to mean that ROSARIO recognized Individual-
2 as one of the DTO’s customers. 
 
Victim-2 
 
16. There have been at least eight non-fatal and four fatal overdoses at a shelter for the 
homeless  (the  “Shelter”)  located around  the  corner  and  approximately  a  four-minute  walk  from  
755 Coster. For example, on or about January 3, 2023—just over a month after Victim-1’s death—
Victim-2  died  at the  Shelter  of  a  drug  overdose  or  poisoning. As  with  Victim-1,  the  OCME  
determined that Victim-2 died from acute intoxication from the combined effects of fentanyl and 
cocaine.  
 
Victim-3 
 
17. Based on my review of reports created by NYPD officers including the Detective, 
as well as my review of body-worn camera footage and the recording of a 911 call, I have learned, 
among other things, the following: 
 
a. On  or  about  January  19,  2024,  the  NYPD  officers  (the  “Responding  Officers”)  
responded to a 911 call reporting an unresponsive male—whom the caller referred to as a “drug 
addict”—in need of medical assistance at 755 Coster. Upon arrival, the Responding Officers found 
an  unresponsive  man  (“Victim-3”)  laying  in  the  kitchen.  The  Responding  Officers  noted  that  
Victim-3 was  in  a  state  of  rigor  mortis,  making  it  likely  that  Victim-3 had  likely  been  dead  for  
several  hours  before  a  911  call  had  been  made.  Victim-3’s  body  was  found  in  a  condition  that  
made  the  Responding  Officers  believe  that  Victim-3 had  died  of  a  drug  overdose  or  poisoning, 
including the presence of a black substance under Victim-3’s nose. An official cause of death has 
not yet been determined.  
  

11 
 
b. A cursory search of Victim-3’s body and the area around Victim-3’s body did not 
recover narcotics or narcotics paraphernalia.  
  
c. While at 755 Coster, the Responding Officers spoke with an individual (“CC-3”) 
who,  in  sum  and  substance, identified  himself  as  the  person  responsible  for  755  Coster  and  
claimed, in sum and substance, that Victim-3 was known to him as someone who had previously 
used  narcotics  and  had  moved  into  the  755 Coster recently  after  having  been  released  from  jail  
days before. CC-3 is known to law enforcement as a long-time resident of the 755 Coster who has, 
at times, participated in hand-to-hand sales of narcotics at the 755 Coster.   
 
d. Based on my review of reports created by the Detective, I have learned, among 
other things, that Victim-3 had previously been observed selling narcotics at 755 Coster and had 
been identified by at least one witness as a drug dealer.  
 
WHEREFORE, I respectfully request that a warrant be issued for the arrest of RUBINSKY 
PADILLA, and that RUBINSKY PADILLA and LUIS ROSARIO, a/k/a “Gallo,” the defendants, 
be arrested, and imprisoned or bailed, as the case may be. 
 
      
______________________________ 
     JOSE REYNA 
Detective, NYPD 
 
 
Sworn to before me by reliable electronic means 
this 14th day of February, 2024. 
 
 
___________________________________ 
THE HONORABLE VALERIE FIGUEREDO 
United States Magistrate Judge 
Southern District of New York