Free Complaint - District Court of Delaware - Delaware

Case 1:08-mj-00088-UNA Document 1 Filed 05/O2/2008 Page 1 of 4
AD 91 (Rev. 12/93) Criminal Complaint I
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA Criminal Complaint
v. CASE NUMBER: 08- ‘ Wl
LARRY M. WILMER
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my
knowledge and belief. On or about May 2, 2008 in New Castle County, in the District of Delaware,
defendant possessed a firearm, in and affecting interstate and foreign commerce, after having been convicted of a
felony crime punishable by more than one year in prison,
in violation of Title 18 United States Code, Section(s) 922l gpg I) and 924ga)g2)
I further state that I am a(n) ATF Task Force Officer and that this complaint is based
Official Title
on the following facts:
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
Signature of Complainant
David C. Rosenblum
ATF Task Force Officer
Swom to before me and subscribed in my presence,
May 2, 2008 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark g
United States Magistrate Judge
Name & Title of Judicial Officer Signature of Judicial Officer

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AFFIDAVIT OF PROBABLE CAUSE: ATF Task Force Officer and Special Deputy U.S
Marshal David C. Rosenblum
Your Affiant Detective David C. Rosenblum has been a Wilmington Police Officer for
approximately 9 years and is currently assigned as a Task Force Officer (TFO) with the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), whose duties include the
investigation into firearms offenses committed in Wilmington, Delaware. Your Affiant has
been authorized to seek and execute arrest and search warrants supporting a federal task
force through Deputization by the United States Marshal’s Service. During this Officer’s
employment as a Law Enforcement Officer, Your Affiant has authored in excess of 400
felony arrests warrants for crimes, some of which involved illegal narcotics and firearms.
Prior to Your Affiant’s current assignment, this Officer was assigned to the Wilmington
Police Drug, Organized Crime, and Vice Division, Operation Safe Streets Task Force where
Your Affiant has conducted over an estimated 1000 investigations into illegal narcotics and!
or firearms offenses whereby, this Officer seized numerous weapons along with large
amounts of narcotics and suspected drug proceeds. During Your Affiant’s tenure as a Law
Enforcement Officer, Your Affiant has received over 275 days of training from the DOJ, FBI,
ATF, DEA, DSP, WPD, DOC, Royal Canadian Mounted Police, North East Counter Drug Training,
Homeland Security, California Highway Patrol and other law enforcement agencies. Your Affiant
has been qualified in Delaware Superior Court and Federal Court, District of Delaware to
provide expert testimony on the intent to distribute controlled substances and has testified as
an expert in approximately 15 felony drug trials. During the course of previous
investigations, Your Affiant has had conversations with federal agents and law enforcement
officers with knowledge and! or expertise in firearms offenses dealing with interstate nexus
of firearms crossing state lines thereby affecting interstate commerce.
l. Unless otherwise stated, the information in this affidavit is based upon your affia.nt’s
personal knowledge and conversations with other Wilmington Police Officers. Because
this affidavit is solely for establishing probable cause, not all facts related to this
investigation are included herein.
2. The events stated below occurred on or about 2 May 2008, in the City of Wilmington,
State and District of Delaware, as stated to me by two Wilmington Police Officers.
3. Your Affiant learned from speaking to the Officers that they were operating as partners
in a two man marked patrol vehicle in the Riverside area. While in the area the officers
reported they were driving very slowly attempting to gain visual contact of a courtyard
which they are familiar with as having illegal activities occur often. While in the area,
the officers observed only two individuals in the courtyard both standing next to two
large trash receptacles. Both individuals were holding the lids to the receptacles open,
the officers reported that the individuals suddenly became aware of the officers presence
at which time they shoved their hands into the receptacles, closed the lids then walked
away. The officers approached the subjects and initiated a contact to investigate what
they described as suspicious activity. At that time the subjects were not physically
restrained in any manner. While officers spoke with the subjects, the officer who

Case 1 :08-mj-00088-UNA Document 1 Filed 05/O2/2008 Page 3 of 4
witnessed the occurrence walked to the receptacles and upon opening each lid observed
two separate firearms lying directly on top of piles of trash located in the receptacles.
The subjects were then taken into custody without incident.
4. While searching both subjects incident to the arrest, both subjects were found to possess
black knit caps, black ski masks, and black gloves.
5. The firearms recovered are described: (1) a Smith and Wesson 9 millimeter, model
5946 (serial number VCA30l9) found to have 14 rounds in the magazine; (2) a Glock
45 caliber model 30 (serial number DCF376) with 8 rounds in the chamber. The Smith
and Wesson 9 millimeter was reported stolen out o Elsmere jurisdiction, Delaware.
6. Ir1 speaking with the Officer, he reported to Your Affiant that he positively identified
Defendant LARRY M WILMER as the individual who discarded the 9 millimeter
firearm.
7. Your Affiant reviewed the Delaware Justice Information System Database (DEL] IS) and
verified LARRY M WILMER has two prior Felony Convictions in New Castle County
Superior Court dated 14 April 2008: (l) Robbery Second Degree, a class F Felony and
(2) Conspiracy Second Degree, class G Felony, both of which are punishable by
imprisonment for a temi of exceeding l year.
8. From my training and experience, and prior discussion with an ATF Agent who is
expertly trained and experienced in detemrining the interstate nexus of firearms, Your
Affiant believes that the weapon described in paragraph 5 herein is a firearm as defined
in 18 U.S.C., 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 or foreign commerce.

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Wherefore, based upon your af`fiant’s training and experience, your affiant believes that there is
probable cause to believe that the defendant LARRY WILMER violated:(l) l8 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 this
offense.
David Rosenblum
Task Force Officer, ATF
Special Deputy U.S. Marshal
Sw rn to and subscribed in my presence
tl1is§_q§i of Mk} ,5 2008
The Honorable Leonard P. Stark
United States Magistrate Judge

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