Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr-00081-JJF Document 1 Filed 05/18/2007 Page 1 of 4
AO 91 (Rev. 12/93) Criminal Complaint O
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
cAsENUiv1B1—2R; 07- {06,,] _, Mfr
JONATHAN JACKSON,
Defendant.
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 17, 2007 in the District of Delaware, Defendant JONATHAN JACKSON did
knowingly possess in and affecting interstate and foreign commerce, a fireann, after having been convicted of a felony
crime punishable by imprisomnent for a tenn exceeding one year,
in violation of Title 18 United States Code, Section(s) 922g g)g 1) and 924(a)g2 3.
1 further state that l am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
SQ attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
e / / /
’ $5%* A -*' ’ lr
Diane lardella t r_ _ __ . —...- -
Special Agent, ATP I D Q!
Sworn to before me and subscribed in my presence, l MAY i
us. a::3ie<;ci;i·5E1r l
/ · .¢»vP·‘ at Wilmin ton DE __ U'$iR'ClUlF£iElf}E:.*.-· J
D t'? Cit
//
Honorable Mary Pat Thynge -/` _
United States Magistrate Judge - {
Name & Title of Judicial Officer Signatu f dicial Officer

Case 1 :07-cr-00081-JJF Document 1 Filed 05/18/2007 Page 2 of 4
AFF IDAVIT OF SPECIAL AGENT DIANE M. IARDELLA
1. Your affiant is Special Agent Diane M. lardella. Your affiant has been a law
enforcement officer for over 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 of the 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 17, 2007, in the City of
Wilmington, State and District of Delaware, as stated to me by one or more Wilmington Police
Officers with personal knowledge of the seizure of the below items.
4. Your affiant reviewed the computer criminal history information for the Defendant
Jonathan Jackson from the Delaware Justice Information System (DELJIS) and learned that the
defendant has a prior felony conviction for Possession of a Narcotic Schedule II Controlled
Substance Within 1000 Feet ofa School from on or about 6/8/00 in the Superior Court ofthe
State of Delaware, a crime punishable by imprisonment for a term exceeding one year. Your
affiant also learned from the DELJIS computer check that the defendant has a prior conviction
for Carrying a Concealed Deadly Weapon from on or about 12/6/95 in the Superior Court of the
State of Delaware, a crime punishable by imprisonment 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 17, 2007, Wilmington Police responded to a
domestic complaint at a certain location in the city of Wilmington. The domestic involved
Jonathan Jackson and his ex-girlfriend who had both called the police. Jackson told the police
that his ex-girlfriend had dropped off their child to him that day. Jackson stated that after she left
he went downstairs and played his phone messages and learned that his ex-girlfriend had left him
some nasty messages. Jackson said he called her and then got into a verbal fight with her over
the phone. Jackson stated that she came back to the residence and banged on the rear entrance
and said she wanted her child back. Jackson said he opened the door and she ripped the child out
of his hands and ripped the diaper bag from him. The ex-girlfriend was interviewed and stated
the same facts as above except that Jackson kicked her in the behind and then pulled a handgun
from his back and pointed it at her. Wilmington Police requested consent to search the residence

Case 1 :07-cr-00081-JJF Document 1 Filed 05/18/2007 Page 3 of 4
from Jackson. Jackson stated that he did not feel comfortable giving consent since he did not
stay there that much. Wilmington Police contacted J ackson’s father, owner of the residence, who
advised that he would give consent as long as he could be there while police searched his
residence. Jackson had a capias for Failure to Pay on an Assault 3rd charge out of Family Court.
Wilmington Police transported him to Family Court and then retumed to residence and waited
for Jackson’s father. Jackson’s father completed a consent to search form and Wilmington
Police searched the residence and did not locate a handgun. Wilmington Police recovered a
Arsenal 7.62x39 caliber rifle loaded with 27 rounds of ammunition in the downstairs room.
J ackson’s father stated that his son stays in this room as well as an upstairs bedroom. The rifle
was located behind a sofa wrapped in shirts but visible to the officer when he looked behind the
sofa. Officers observed a play station, clothes and cell phone charging in this room along with a
sofa and television. Jackson’s father stated he did not know the rifle was in his residence and he
stated that the rifle was not his. J ackson’s father has a prior felony weapons conviction from
over twenty years ago.
6. From training and experience, your affiant knows that the above - mentioned firearm is a
firearm as defined in 18 USC, Chapter 44, Section 92l(a)(3) and was manufactured in a state or
country 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 and/or foreign commerce.
7. Your affiant interviewed defendant Jackson at the Wilmington Department of Police.
Defendant Jackson was re—advised of his Miranda rights by a Wilmington Police Officer in the
presence of your afhant and the defendant essentially stated that he understood his rights and
voluntarily waived his Miranda rights. Jackson stated that he did not know how the gun got
there. Jackson asked where the gun was found. Your affiant asked Jackson if he had information
about anything to help himself out and he stated how’s saying anything going to help me out.
Jackson asked your affiant if she wanted to know where he got the gun, who he got the gun from
and for how much. Your affiant said yes and Jackson stated that he was from the old school and
he was not one of these young boys. Jackson stated that whatever gun you found it is mine not
my father’s. He stated that his father did not have knowledge. Jackson stated that someone was
going to get charged with it so Jackson stated that someone had to take responsibility for it so it
might as well be him not his father. Jackson requested medical assistance due to a potentially
infected area on his arm. Wilmington Police took Jackson to the hospital for examination and
possible treatment. Jackson received treatment and the doctor told the Wilmington Police
officers that the treatment and medication would not interfere with his ability to understand and
answer questions. A Wilmington Police officer re-advised Defendant Jackson of his Miranda
rights and he voluntarily waived his Miranda rights. They asked Jackson about the rifle and
Jackson essentially told the officers that he knew they were going to find the rifle. He stated that
he bought it from a crack head in the city for $40.00 about a year ago. Jackson stated that he met
the crack head through a friend of a friend. Jackson would not provide any information about the
friend.

Case 1 :07-cr-00081-JJF Document 1 Filed 05/18/2007 Page 4 of 4
\lVherefore, 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) and
924(a)(2) by possessing in and affecting interstate and/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 a Criminal Complaint charging
that offense.
an
iane M. Iardella { A C
Special Agent, ATF
Sworn to and subscribed in my presence
this gda a . 2007
,4 1.- r
‘ le Mary Pat , 1*
Un • States Magistrate Judge
District of Delaware