By Tiffany Williams –
On Wednesday at the United States District Court in Portland, Maine, Derek Daprato, 34, of Hooksett, New Hampshire pleaded guilty to conspiring to commit Hobbs Act robbery, interfering with commerce by violence and aiding and abetting the same, discharging a firearm during a crime of violence and aiding and abetting the same, and brandishing a firearm during a crime of violence and aiding and abetting the same.
On August 3, 2019 Police in Maine responded to an early-morning 911 call of a person shot. Upon officers located a man who had been shot in the abdomen.
The victim along with their girlfriend, and another woman had returned to the location after an evening out when they were ambushed by two masked men in the garage. During a fight that ensued, the male victim was shot and the masked men then fled the scene
Video and audio recordings from surveillance equipment at the home show two masked men arriving at 12:26 a.m. with a backpack. The three victims arrive 10 minutes later. After sounds of a struggle and a gunshot, the masked men flee at 12:38 a.m. One of them appears to be carrying a handgun.
The men left without their backpack, and the backpack’s contents which included duct tape, zip ties, and plastic bags which suggested their intent to commit a robbery.
The masked men arrived 10 minutes before the victims and positioned themselves at the garage door a mere four minutes before the victims’ return. They did not appear to be surveiling the home, which led officers to conclude that the men were likely acting on information about the victims’ location.
Approximately Eight minutes after the men fled, a nearby police cruiser’s license-plate reader logged a passing car registered to co-defendant Luis Carpio, who had previously been convicted of robbery. DNA recovered from one of the zip ties left at the scene was eventually matched to Carpio.
On September 19, 2019, Carpio’s domestic partner informed police that, on the night of August 2, 2019, Carpio had lent his car to a person she knew as “Candy.” She provided a physical description of Candy. Local officers familiar with Carpio’s domestic partner believed that Candy was co-defendant Jason Candelario, who officers believed may have previously engaged in criminal activity with her.
Carpio’s partner also recounted how, on August 3, she woke up to find that the car had been returned with a muddy interior, and that she had found masks and zip ties inside the car.
Additionally, she described how, on August 30, Candy contacted Carpio over Facebook and asked Carpio to have her contact Candy about what had happened to the items left in the car. She also reported hearing a conversation between Carpio and Candy in which they discussed a man being shot in the shoulder, a screaming woman, a garage, and Candy running through the woods with another man she knew as “Sobo.”
A search of Carpio’s Facebook account revealed that Carpio was “friends” with “Andrew Sobo.” On November 20, 2019, police interviewed co-defendant Andrew Soboleski, whose appearance matched the profile pictures of the “Andrew Sobo” account. Soboleski denied involvement with the crime but acknowledged his association with Carpio and Candelario.
Cell phone data obtained by the FBI showed that Carpio’s, Candelario’s, and Soboleski’s cell phones traveled from New Hampshire to Maine on the night of August 2, 2019, and that, when the crime occurred, all three phones were serviced by the same towers that serve the scene of the crime.
Daprato’s phone interacted with Candelario’s before and after the crime. The masked men arrived at the residence at 12:26 a.m. on August 3, the victims arrived at 12:36 a.m., and the men fled at 12:38 a.m. Daprato’s and Candelario’s phones interacted through five voice calls and 15 texts between 8:57 p.m. on August 2 and 12:21 a.m. on August 3, including calls at 12:08 a.m., 12:14 a.m., 12:21 a.m., and 12:28 a.m. Their phones also interacted by voice calls at 12:39 a.m. and 12:40 a.m. At approximately 12:42 a.m., Candelario’s phone called Daprato’s, Daprato’s called Candelario’s, and Candelario’s called Soboleski’s. The three phones continued to interact until 2:28 a.m.
During their investigation, police determined that there were a combined 200 text messages and voice calls between her phone and Daprato’s during July and August 2019. Fifteen of those texts were on the night of August 2, with the last at 9:04 p.m.
On August 2, Daprato’s phone stopped sending text messages at approximately 11:48 p.m. and did not resume texting until about 9:00 a.m. on August 3.
It is common for individuals involved in criminal activity to switch their communications to platforms that they believe to be more secure, including Facebook, before and during the commission of crimes.
A search warrant was obtained for Daprato’s Facebook which included all contact and personal identifying information, all activity logs for the account and all other documents showing the user’s posts and other Facebook activities, all photos and videos uploaded by that user ID and all photos and videos uploaded by any user that have that user tagged in them, all profile information, all records or other information regarding the devices and internet browsers associated with, or used in connection with that Facebook account, including the hardware model, operating system version, unique device identifiers, mobile network information, and user agent string, all other records and contents of communications and messages made or received by the user, all “check ins” and other location information, all IP logs, including all records of the IP addresses that logged into the account, all records of the account’s usage of the “Like” feature, including all Facebook posts and all non-Facebook webpages and content that the user has “liked”, all past and present lists of friends created by the account, all records of Facebook searches performed by the account, all information about the user’s access and use of Facebook Marketplace, the types of service utilized by the user, the length of service (including start date) and the means and source of any payments associated with the service (including any credit card or bank account number), All privacy settings and other account settings, and all records pertaining to communications between Facebook and any person regarding the user or the user’s Facebook account.
With this information, law enforcement was able to determine the where, how and when of this case.
Derek Daprato, has previous felony convictions in New Hampshire and Massachusetts.