Free Complaint - District Court of Delaware - Delaware

Case 1:07-mj-00110-I\/IPT Document 1 Filed 06/O1/2007 Page 1 of 4
AU 9'I (Rev. '|2/93) Criminal Complaint Q
In United States District Court
· For the District of Delaware ‘
UNITED STATES OF AMERICA ,
Criminal Complaint
v.
CASE NUMBER: 07- //5 /44
MARZETTE KING,
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 31, 2007 in the District of Delaware, Defendant MARZETTE KING did
knowingly possess in and affecting interstate and foreign 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) 922g gg; l] and 924g a]|2 |.
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
E attached Affidavit F I L E
. Q JUN l 2007
Continued on the attached sheet and made a part hereof: Yes U3 U|§}§f§§§Q§$""""
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Patrick Fyock
Special Agent, ATF
Swoni to before me and subscribed in my presence,
June 1, 2007 at Wilmington, DE
DMG City and State . _
Honorable Mary Pat Thynge - if
y ____ _ __ 1,,q,,;_ _____ _
Name & Title of Judicial Officer •·: ’:*atu_re of Judici=1’I icer

Case 1 :07-mj-00110-I\/IPT Document 1 Filed 06/O1/2007 Page 2 of 4
AFFIDAVIT OF PATRICK FYOCK
1. Your affiant is Patrick Fyock. Your affiant has been a Special Agent for over five and a
half years with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives(ATF).
During that time, my duties have included the investigation of federal and state
firearms offenses. Prior to being hired by ATF, I was employed as a Police Officer for
seven years with the Nationally Accredited New Castle County Police Department in
Delaware. During the course of your affiant’s law enforcement career, your affiant has
received law enforcement training on the investigation of firearms offenses on
numerous occasions, including but not limited to the ATF Academy, New Castle
County Police Academy, Firearms identification classes, Firearms Nomenclature
classes, and Firearms identification classes at the Federal Law Enforcement Training
Center. During the course of your affiar1t’s law enforcement career, your affiant has
participated in over 80 seizures of firearms and well over 120 investigations of firearms
offenses, as well as numerous conversations about the facts and circumstances of
firearms offenses with the investigating officers of those firearms offenses.
2, Unless otherwise stated, the information in this affidavit is based upon your affiant’s
personal knowledge and conversations with Wilmington Police Officers.
3. The seizure of all the below stated evidence occurred on May 31, 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 ofthe below items. _
4. Your affiant learned from Wilmington Police Officers that on May 31, 2007
Wilmington Police officers stopped a vehicle for a motor vehicle violation. The vehicle
was occupied by the driver only, identified by the Wilmington Police as the defendant
Marzette King. Wilmington Police officers made contact with Marzette King who
stated he did not have a driver’s license and that he purchased the car 4 days ago for
$400.00 from an tmknown male. A DELJIS check revealed Marzette King has a
suspended drivers license and was wanted for an outstanding state capias.
5. Marzette King was taken into custody by Wilmington Police officers. When police
officer told King his vehicle would be towed, King began to ask repeatedly if his sister
could take the car. Your affiant learned from Wilmington Police Officers that in the
trunk ofthe vehicle under a bag containing what appeared to be male blue jeans, a pair
of white male high top sneakers and a towel, they recovered a loaded Ruger 9mm semi
automatic handgun model P89 serial number 31467112. The firearm was loaded with
10 rounds in the magazine and l roturd in the chamber. P
6. From my training and experience, and prior discussion with an ATF Agent who is
expertly trained and experienced in detennirring the interstate nexus of firearms, your

Case 1 :07-mj-00110-I\/IPT Document 1 Filed 06/O1/2007 Page 3 of 4
affiant knows that the Ruger 9mm semi automatic handgun model P89 serial number
31467112 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, 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 commerce.
7. Your affiant reviewed the computer criminal history information for the defendant from
the Delaware Justice Information System (DELJIS) and learned that the defendant has a
prior felony conviction on or about 10/ l 9/2005 for Possession With the Intent to
Deliver a Normarcotic Schedule I Controlled Substance in the Superior Court; of the
State of Delaware, a crime punishable by imprisonment for a term exceeding one year.
8. Your affiant interviewed Marzette King at the Wilmington Police Department. Marzette
King stated he purchased the vehicle from an unknown white male his friend knew
about 4 days ago for $400.00 cash. King also stated he received a title that was signed
by a female but does not know the name. King stated he did check under the hood prior
to purchasing the car but has never looked in the trunk and does not know what is in the
trunk. King added since he purchased the car he has not opened the trunk. King stated
he does not know anything about the firearm and he never saw it before.
9. It should be noted that a used Ruger P89 handgun has a value of between $200.00 and
$350.00 as researched by S/A F yock.
10. The Wilmington Police officers advised your affiant that the above vehicle is a 1992
Chevrolet Caprice 4 door sedan bearing De license plate 740925 and this vehicle was
towed from the location ofthe stop to First State Towing Old Airport Rd, Newport,
DE. On June 1, 2007 your affiant spoke with staff of First State Towing who confirmed
that the above vehicle was towed from the Wilmington location to the secured lot at
First State Towing 495 A Old Airport Rd, Newport, DE 19720. Based on your affiants
training and experience your affiant knows that items in proximity to firearms may
contain evidence of proof of possession of the firearms. Your affiant reasonably
believes that the above vehicle may contain evidence ofthe possession of the seized
firearm and indicia of ownership. Vehicles commonly contain indicia of ownership and
as discussed above, the Wilmington Police officers advised your affiant that they
observed and left in the vehicle’s trunk the black trash type bag containing male type
blue jeans, white high- top sneakers and a towel. It should be noted that the seized
firearm was located directly below the above mentioned bag.
Wherefore, based upon your affiant’s training and experience, your affiant believes that there is
probable cause to believe that the defendant vio1ated:(1) 18 U.S.C. 922(g) and 924(a)(2), by
possessing in and affecting interstate commerce a firearm, after having previously been convicted

Case 1 :07-mj-00110-I\/IPT Document 1 Filed 06/O1/2007 Page 4 of 4
L of a felony crime punishable by imprisonment for a term exceeding one year, and respectfully
requests that the Court issue a Criminal Complaint charging those offenses. Your affiant also
believes that there is probable cause that the black trash type bag including but not limited to
male type blue jeans, white high- top sneakers and a towel will be located in the trunk of the
above vehicle and that the search for items inside the vehicle are probative of the possession of
the above seized firearm.
M? V ~
Patricg Fyock
Special Agent, ATF
Sworn to and subscribed in my presence
this "• · 5 2007
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· ` M i" M ynge
= • States . gistrate Judge
D1strict of Delaware
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