Free Redacted Document - District Court of Delaware - Delaware

I I Case 1 :07-cr-00069-GIVIS Document 2 Filed 05/O3/2007 Page 1 of 4
_ United States District Court
DISTRICT OF DELAWARE V
UNITED STATES OF AMERICA ;—;jII|»_\ f,»w,`¤%[·%\' I-) |
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JAMON R. SIMMONS `_ " ii ` ‘ "` ` ""J
criminal Complaint
CASE NUTVIBER: 07- Ol Q lJ\
i(`Namc and Address of Defendant)
I, the undersigned complainant, being duly swom, state the following is tmc and correct to the best of my knowledge and belief.
On or about May 2, 2007, in the State and District of Delaware, Jamon Simmons, defendant herein, did knowingly possess in and affecting
interstate commerce, a firearm, after having been convicted of a felony crime punishable by a term of imprisonment exceeding one year, in
violation ofTitle 18, United States Code, Sections 922(g)(l) & 924(a)(2).
I-further state that I am a(n) Special Agent, United States BureauofAlcohol, Tobacco, Firearms, and Explosives, ATF, and that this complaint
is based omaa rmt
on the following facts:
See attached Affidavit.
Continued on the attached sheet and made a part hereof: Yes X V
. ,1
Signature ofCompIainant
Jason M. Kusheba
Special Agent, ATF -
Sworn to before me and subscribed in my presence,
May 2, 2007 at Wilmington, DE
Date Ci me
Honorable Mary Pat Thynge
United States Magistrate Judge ,;;,,4,, ‘ __ _
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Case 1:07-cr-00069-GIVIS Document 2 Filed 05/O3/2007 Page 2 of 4
I, Jason M. Kusheba, being duly sworn, state as follows: ·
l. I am a Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) and have been so employed for over five years. During that time, my duties have
included the investigation of firearms offenses at both the State and Federal levels. Your
Affiant is currently assigned to the Operation Disann Task Force and has been so assigned
since October, 2003. During the course of your affiant’s law enforcement career, your affiant .
has received law enforcement training on the investigation of firearms offenses on over fifty
occasions. Your affiant has participated in over one hundred investigations of firearms
offenses and participated in the seizure of over fifty firearms. You Affiant has also had over
one hundred conversations with police officers and Federal agents about the facts and
circumstances of firearms offenses. Your Affiant has been employed as a law enforcement
officer in various capacities since 1997. I
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 2, 2007, in the City of
· Wilmington, State and District of Delaware, as stated to me by Wilmington Police Detective
Robert Fox who has personal knowledge of the stated facts. Detective Fox has been
employed as a Wilmington Police Officer for approximately 4 l/2 years, and had made
I numerous arrests for firearms violations; Detective Fox is currently assigned to Operation
Safe _Streets of the Drug, Organized Crime, and Vice Division, and has been so assigned
- since March 9, 2007. I
4. On May 2, 2007, at approximately 0036 hours, Detective Fox and Probation Officer Richard
Negley were stopped at a stop sigr in an unmarked Ford Crown Victoria on North Pine Street
at the intersection of East 10th Street, facing northbound. Probation Officer Negley was the
driver of the Crown Victoria and Detective Fox was the passenger. Both Fox and Negley
were wearing plain clothes and were wearing ballistic vests marked with "Police".
5. At that time, Detective Fox observed a Chrysler New Yorker bearing Delaware registration
- pass in front of their vehicle, traveling westbound on East 10m Street with no
U headlights on. Detective Fox and Officer Negley followed and attempted to stop this vehicle
. on East 10th S_treet at the intersection of Clifford Brown Walk by activating their vehicle’s
emergency police lights. The vehicle stopped temporarily at l0Lh and North Walnut Streets,
then quickly accelerated, turning south onto North Walnut Street, driving the wrong way
I down a one-way street. Detective Fox and Officer Negley pursued the vehicle in this
r l direction for two blocks when it stopped at 8m and North Walnut Streets. At that time, all e
three occupants of the vehicle fled on foot. The front passenger of the vehicle, la.ter _
identified as Iamon Simmons; d southbound on North Walnut Street.
6. Detective Fox pursued the defendant southbound on North Walnut Street, giving him loud ‘
verbal commands to stop. In approximately the 700 block of Walnut Street, while on the east

Case 1:07-cr-00069-GIVIS Document 2 Filed 05/O3/2007 Page 3 of 4
side of the street, Detective Fox observed the defendant throw what he believed to be a
firearm from his right hand over his head and to his left, onto a roof Detective Fox
immediately transmitted over the radio that he observed the defendant throw a firearm. The
defendant then turned eastbound on East 7th Street and proceeded in a southeasterly direction
across East 7°h Street. The defendant then entered into the courtyard of Compton Apartments,
where he was taken into custody. The defendant was taken into custody approximately one
city block from where Detective Fox observed him throwing what he believed to be a
firearm.
7. The driver and rear passenger of the vehicle were pursued by Officer Negley but were not
apprehended, nor were either of them identified during this investigation.
8. After Detective Fox arrested the defendant, he returned approximately three minutes later to
the St. Michae1’s School and Nursery at 700 North Walnut Street, at which location he had
observed the defendant discard the firearm. Detective Fox then climbed onto an approximate
ten-foot high roof to recover what he had seen the defendant throw. On the roof Detective
Fox recovered a Charter Arms, Undercover .38 Special, .38-caliber revolver, serial number
624914, loaded with four rounds of .38—ca1iber ammunition, and one spent .3 8—caliber shell
_ casing. r
A 9. Wilmington Police Corporal James Karshner of the Evidence Detection Unit then responded
` to the roof of 700 North Walnut Street to take photographs of the aforementioned evidence.
10. Your affiant reviewed the computer criminal history information for the defendant from the
Delaware Justice information System (DELJIS) and the National Crime information Center
(NCIC) and learned that the defendant has a prior felony conviction for Burglary in the
Second Degree from on or about October 3, 2000 in the New Castle County Superior Court
for the State of Delaware, a crime punishable by imprisonment for a term exceeding one year.
Your affiant also leamed from those DELJIS and NCIC computer checks that the defendant
has a total of 2 felony convictions and 17 misdemeanor convictions. Your affiant also
leamed that, at the time of the defendant’s arrest, he had outstanding warrants in the State of
Delaware for Escape after Conviction and for violating the terms his probation.
11. Your affiant also reviewed the computer criminal history information for the aforementioned
‘ firearm in NCIC and leamed that it was reported stolen to the New York State Police on or
about January 1, 1982.
12. From you affiant’s training and experience, and from prior discussions with ATF Agents who
are expertly trained and experienced in determining the interstate nexus of firearms, your
affiantkznows that the above mentioned firearm was manufactured in a state other than .
` Delaware. As such, its possession in Delaware would have necessarily required that the
firearm had crossed state lines prior to its possession in Delaware, and thus the possession of
that firearm in Delaware affected interstate commerce.
13. Based upon your affiant’s training and experience, your affiant submits that there is probable

Case 1:07-cr-00069-GIVIS Document 2 Filed 05/O3/2007 Page 4 of 4
cause to believe that the above-mentioned seized Hreami contained the frame and receiver of
a lirearm, and that the firearm appeared to be capable of expelling a projectile by action of an
explosive.
14. VV“herefore, based upon your aftiant’s training and experience, your aftiant submits that there
is probable cause to believe that the defendant violated Title 18 U.S.C. Section 922(g) and
924(a)(2) by possessing in and affecting interstate commerce a Hrearm, 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 and
arrest warrant charging that offense.
. 4
_ - Jason . Kusheba
_ Speci Agent, ATF
Sworn to and subscribed in my presence
This 2“d day ofMa1·eh·, 2007 C
/774-/
’ Honor e aiy Pat g i ~
Uni States Magistrate Judge
C District of Delaware