Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr-00067-SLR Document 1 Filed 05/16/2007 Page 1 of 3
AU 91 (Rev. 12/93) Criminal Complaint E -

In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA A
Criminal Complaint
v.
CASE NUMBER: 07- M_ M F-T·"‘
KADARELL BARRETT, .
Defendant.
I, the undersigned complainant, being duly swom, state the following is true and correct to the best of my
knowledge and belief On or about May 15, 2007 in the District of Delaware, Defendant KADARELL BARRETT did
knowingly possess in and affecting interstate commerce, a firearm, after having been convicted of a felony crime
punishable by imprisonment for a term exceeding one year, ‘
in violation of Title 18 United States Code, Section(s) 922(g)g1; and 924ga){2 Q.
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
See attached Affidavit
Conti l l tt ed lgieefg made a part hereof: es I
I MAY 1 5 Zim? Diane Iard a I
_ L Special Agent, ATF
:§iliil;:"i“%otsar
..._ _... F U l ' . ..... . i
Sworn to before me and subscribed in my presence,
May 16, 2007 at Wilmington, DE
Date City an _ tate `
Honorable Mary Pat Thynge ( _
United States Magistrate Judge _ §yj__,n’
Name & tmc Oriuaiciai orsea n sigmme a tm al oraca:

Case 1:07-cr-00067-SLR Document 1 Filed 05/16/2007 Page 2 of 3
AFFIDAVIT OF SPECIAL AGENT DIANE M. IARDELLA
1. Your affiant is Special Agent Diane M. lardella. Your affiant has been a law
enforcement officer for 19 years with the Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF). As part of my duties, responsibilities and training, and in the course of my investigative
experience, I have become familiar with the statutes, rules and regulations, policies and
procedures, relating to the Bureau of Alcohol, Tobacco, Firearms and Explosives, including but
not limited to the possession of firearms by persons prohibited, and other laws enforced by the
Bureau of Alcohol, Tobacco, Firearms and Explosives. I am a graduate ofthe Federal Law
Enforcement Training Center, Glynco, GA, Criminal Investigation Course and the Bureau of
Alcohol, Tobacco and Firearms New Agent Training Course. I have been involved in the
investigation of approximately 200 cases involving firearms violations. I have participated in the
seizures of approximately 800 firearms and the seizures of approximately 20,000 rounds of
ammunition. I have previously qualified as an expert witness regarding the identification,
origin and classification of firearms in the U.S. District Court for the District of Delaware.
2. Unless otherwise stated, the information in this affidavit is based upon your affiant’s
personal knowledge.
3. The seizure of all the below stated evidence occurred on May 15, 2007, in the City of l
Wilmington, State and District of Delaware, as stated to me by one or more Wilmington Police '
Officers with personal knowledge of the seizure ofthe below items.
- n
4. Your affiarrt reviewed the computer criminal history information for the Defendant
Kadarell Barrett from the Delaware Justice information System (DELJ IS) and learned that the
defendant has a prior felony conviction for Assault Second Degree from on or about 5/19/03 in
the Superior Court of the State of Delaware, a crime punishable by imprisonment for a term
exceeding one year. Your affiant also learned from the DELJIS computer checks that the
defendant has a prior conviction for Distribution, Delivery, or Possession of a Controlled
Substance Within 300 Feet of a Park from on or about 5/19/03 in the Superior Court of the State
of Delaware, a crime punishable by imprisorrment for a term exceeding one year.
5. As stated to me by one or more Wilmington Police Officers with personal knowledge of
the above facts, I learned the following. On May 15, 2007, Wilmington Police responded to
information about a man with a gun located on a corner in a certain location in the city of
Wilmington. Wilmington Police received the following description of the individual with the
gun; a black male wearing a black tee shirt and jeans standing on this certain corner in the city of
Wilmington with another named individual. The named individual was known to the responding
officer from prior incidents. When the responding Wilmington Police officer arrived at the
corner he saw the named individual he knew and the black male, later identified as Barrett. The
responding officer realized that Barrett matched the above description. Barrett lifted his hand
towards his waistband. When the responding officer, in full uniform, exited his marked vehicle,
Barrett reached with his hand into his waistband and started to move away. The responding
officer issued commands to stop and remove his hands so he could see them. Barrett started

Case 1:07-cr-00067-SLR Document 1 Filed 05/16/2007 Page 3 of 3
walking and then running. Barrett then stopped and started to turn. As Barrett turned towards
the responding officer, that officer saw a gun in his hand. The responding officer continued to
issue commands. Barrett then dropped the gun, put his hands in the air and fell to the ground.
Wilmington Police recovered a cocked Ruger .22 caliber revolver loaded with 3 live rounds and
two spent casings.
6. From training and experience, your affiant knows that the above - mentioned firearm is a
firearm as defined in 18 USC, Chapter 44, Section 921(a)(3) and was manufactured in a state
other than Delaware such that its possession in Delaware would have necessarily required that
the firearm had crossed state lines prior to its possession in Delaware and such that the
possession of that firearm in Delaware affected interstate commerce.
Wherefore, based upon your affiant’s training and experience, your affiant
believes that there is probable cause to believe that the defendant violated 18 U.S.C. 922(g)(l)
and 924(a)(2) by possessing in and affecting interstate commerce a firearm, after having
previously been convicted of a felony crime punishable by imprisonment for a term exceeding
one year and respectfully requests that the Court issue a Criminal Complaint charging that
offense.
O
Di e M. lardella
Special Agent, ATF
Sworn to and subscribed in my presence
t ' { a e I M 2007
IK
A ¤4‘ lr -.51
‘ ra l Pat T
Unite States Magistrate Judge
I ‘ rrct of Delaware