Free Complaint - District Court of Delaware - Delaware

Case 1:08-mj—OOO42—UNA Document 1 Filed O2/14/2008 Page 1 of 3
AO 91 (Rev. 12/93) Criminal Complaint E
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA I
_ Criminal Complaint
v.
CASE NUMBER: 08-
MICHAEL KING,
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 Februgy 13, 2008 in the District of Delaware, Defendant MICHAEL KING did ‘
knowingly possess in and affecting interstate or foreign commerce a firearm, after having been convicted of a felony
crime punishable by imprisonment for a tenn exceeding one year, in violation of Title 18 United States
Code, Section(s) 922(g)g1) and 924ga)g2). ·
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts: g attached affidavit.
Continued on the attached sheet and made a part hereof: ‘ Yes I
_, Q" D
at i hum
Special Agent, ATF
Swom to before me and subscribed in my presence,
Februggy 14, 2008 at Wihnington, DE
Date City and St - · _
Honorable Mary Pat Thynge __
United States Ma istrate Jud e ....}_ 4,
Name & Title of Judicial Officer ' Signature of J al Officer ·

Case 1 :08-mj—OOO42—UNA Document 1 Filed O2/14/2008 Page 2 of 3
AFFIDAVIT OF Tat S. Shum
I. Your affiant is Special Agent Tat S. Shum. Your affiant has been a law enforcement officer
for over seven years with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). As
part of my duties, responsibilities and training, and in the cotuse 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 a.nd Explosives. I am a graduate of the Federal Law Enforcement Training
Center, Glynco, GA, Criminal Investigation Course and the Bureau of Alcohol, Tobacco and
Firearms New Professional Training Course. Prior to my employment with ATF, your affiant
was employed by the Pennsylvania State Attomey’s Office as a State Narcotics Agent and has
previously received training and conducted investigations involving the illegal use of firearms.
Your affiant was also previously employed by the First Judicial District of Pennsylvania,
Common Pleas and Municipal Courts, as a warrant unit investigator for the County of
Philadelphia. During the course of your affiant’s law enforcement career, your affiant has
participated in over 100 seizures of firearms and conducted over 150 criminal investigations
involving federal firearms violations.
2. Unless otherwise stated, the information in this affidavit is based upon your a;ffiant’s
personal knowledge and conversations with Wilmington Police Officers.
3. The complaining witness (CWI) essentially told a Wilmington Police Officer (WPDI)
who told your affiant the following: on or about the early hours of February I3, 2008, the
defendant MICHAEL KING was banging on her apartment door and threatening her to
shoot her with a handgun and described the gun as a chrome gun with a long barrel. She
immediately reported the threatening incident to the police. CWI physically pointed the
specific apartment where the defendant was inside. The alleged threatening incident
occurred in the city of Wilmington, Delaware.
4. WPDI told your affiant the following: I-Ie went to the apartment that CWI pointed out
and a female (Fl) answered the door. Shortly after, the defendant MICHAEL KING
came walking out of a back bedroom within vision of the doorway and CWI identified
him as the person who threatened her earlier. Eventually, the police removed the
defendant and took him to a patrol vehicle. FI , the female who answered the door signed
a consent search form for the search of the residence and VVPDI discovered concealed in
a closet located in a bedroom from where the defendant exited a Smith and Wesson
chrome 44 magnum revolver (serial number CI-IZ95l9) fully loaded with 6 rounds. CWI
who was still present positively identified the firearm as the one the defendant was
brandishing in her doorway.
5. It is your affiant’s understanding that CWI is having a relationship problem with the
defendant over another woman and told the defendant that CWI was going to tell Fl

Case 1 :08-mj—OOO42—UNA Document 1 Filed O2/14/2008 Page 3 of 3
regarding their affair. CW1 has pending misdemeanor charges.
6. From my training and experience, and prior discussion with an ATF Agent who is
expertly trained and experienced in determining the interstate nexus of firearms and my
conversation with an officer who seized the aforementioned weapon, your affiant knows:
that the Smith and Wesson 44 magnum revolver is a firearm as defined in 18 U.S.C.,
Chapter 44, Section 921 (a)(3) because the seizing officer told your affiant that the
aforementioned firearm contained the frame and receiver and appeared to be operable;
and the aforementioned firearm was manufactured in a state other than Delaware, or in a -
foreign country such that its possession in Delaware would have necessarily required that
the firearm had crossed state or foreign lines prior to its possession in Delaware and such
that the possession of that firearm in Delaware affected interstate or foreign commerce.
7. Your affiant reviewed the computer criminal history information for the defendant from
the Delaware Justice Information System (DELHS) and learned that the defendant has the
following prior felony conviction for a crime punishable by imprisonment for a term
exceeding one year: on or about 10/13/2004 for Possession of a Narcotic Schedule II
Controlled Substance within 1000 feet of a school. Yotu affiant also reviewed a copy of
certified court conviction record and confirmed that he was convicted ofthe following
two felony crimes punishable by imprisonment for a term exceeding one year: on or about
8/15/01 for possession with intent to deliver a narcotic schedule II controlled substance
and possession of a deadly weapon by a prohibited person.
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)(1) and 924(a)(2), by
possessing in and affecting interstate or foreign 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 t charging that offense.
y l; »» 1
M ·' a S. Shtun
il, ‘ '`·'i·. I " Sp cial Agent, ATF
3* Swrifrn to and subscribed in my presence
` ° this~'?1`4th day of February, 2008
, A. ___ .\...--._
r H orabl ary Pat Q;
U `ted tes Magistrate Judge

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