Free Complaint - District Court of Delaware - Delaware

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Date: April 23, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cr-00056-GIVIS Document 1 Filed O4/20/2007 Page 1 of 4
AO 91 (Rev. '12/*93) Criminal Complaint 0 {
In United States District Court l
For the District of Delaware
Criminal Complaint F
CASE NUMBER: 07- 75 Vi Q
Defendant i
I, the undersigied complainant, being duly sworn, state the following is true and correct to the best of my
knowledge and belief. On or about A ril 20 2007 in the District of Delaware, Defendant OMAR ANDREW BROWN
did knowingly possess in and affecting interstate commerce, a fireann, after having been convicted of a felony crime
punishable by imprisonment for a term exceeding one year, ‘
in violation of Title 18 United States Cod, Section(s) 922 l and 924 a 2 .
I hirther state that I am a(n) S ecial A ent ATF and that this complaint is based
Official Title I
on the following facts: i
gg attached Affidavit ` E
Continued on the attached sheet and made a part hereof: Yes {
0 of
A :‘i" 5 A . J A"? it/’ / r 0 ’
’ Diane Iardellai ' 5
` Special Agent, ATF Q
Sworn to before me and subscribed in my presence,
April 20, 2007 a Wilmington, DE I
Date City and State · ‘
Honorable Mary Pat Thynge _ - _
I i.. ,_-,·
Name & Title of Judicial Officer ignamre of ]udi 0 ce? T7 2

· Case 1:07-cr-00056-GIVIS Document 1 Filed O4/20/2007 Page 2 of 4
1. Your affiant is Special Agent Diane M. Iardella. Your affiant has been a law l
enforcement officer for over 18 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 l
the Bureau of Alcohol, Tobacco, Firearms and Explosives. I am a graduate of the Federal Law l
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, l
origin and classification of firearms in the U.S. District Court for the District of Delaware. g
2. Unless otherwise stated, the information in this affidavit is based upon your affiant’s 1
personal knowledge. A
3. The seizure of all the below stated evidence occurred on April 20, 2007, in the City of 7
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 Omar
Andrew Brown from the Delaware Justice Information System (DELJIS) and learned that the
defendant has a prior felony conviction for Possession With Intent to Deliver a Narcotic Schedule
II Controlled Substance from on or about 1/11/06 in the Superior Court of the State of Delaware,
a crime pturishable 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 4/20/07, at approximately 0230 horus Wilmington
Police received a call regarding a robbery that had just happened in a certain location in the City
of Wilmington, DE. The victim was interviewed by Wilmington Police. The victim stated that
he had been gambling with an individual he knew as "Omar" earlier in the night. He stated that
he and "Omar" had some problems but everything seemed to be cool. "Omar" left but returned
some time later and pulled a silver snub nosed revolver with wood handles and stated to the
victim “strip naked and give me all your fucking money". The victim complied and stripped
down to his boxers and gave "Omar" $200.00 USC, and a black Boost mobile stand up phone.
"Omar" then pistol whipped the victim on the crown of his head and caused a laceration. The
victim ran southbound on a nearby street and heard one gunshot fired at him. The victim
described “Omar" as a black male, approximately 19 years old, approximately 5’9", wearing a
black in color jacket with red and gold embroidery throughout and Scarface on the back, jeans

"‘i"'C':§S€“Ii)7#T:r1)0(Y56Gl\/IS‘”°"Dbc‘urf1ent 1 Filed O4/20/2007 Page 3 of 4
and a black skully. Wilmington Police interviewed a witness with ties to the victim and that
witness identified "Omar" as Omar Brown. Another witness from the area stated that they saw
. "Omar" take off in a grey Nissan Maxima driving like a madman. Wilmington Police put a
description of "Omar" and the vehicle over the radio.
6. At approximately 0300 hours, Wilmington Police responded to a hit and run incident
involving a grey Nissan Maxima at approximately three blocks north and five blocks west from
the robbery that occurred earlier. Wilmington Police conducted an area search and located
defendant Omar Brown in the area of Mccaulley Court. Brown matched the description provided
by the victim of the robbery to include the defendant wearing the earlier described jacket.
Wilmington Police conducted an area search from the scene ofthe crash to the location of Brown P
and found a Taurus .38 caliber revolver with four live rounds and one spent casing in the cylinder
under a vehicle. The firearm was a silver snub nosed revolver with wooden handles.
Wilmington Police recovered the keys to the Nissan Maxima in the grass in front of a residence.
- Both items were found in separate locations approximately l/2 block from each other. The
seizure of the defendant, the gun and the keys were within a one block radius. Wilmington
Police brought the victim to the scene and shone a light on the defendant. The victim positively
identified defendant Omar Brown as the person who robbed and pistol whipped him earlier. The
victim stated "that’s him". Wilmington Police asked the victim if he was positive that was the
individual who robbed him and the victim stated "that’s definitely him."
7. Wilmington Police attempted to interview the registered owner of the vehicle, a 2001 grey
Nissan Maxima but he was unavailable. Wilmington Police interviewed the owner’s mother and
learned that she knows Omar Brown from the neighborhood and that approximately 10:30 pm on I
4/19/07 he was in front of her house with a couple of guys. The keys had been left in the vehicle
and Omar Brown asked her if` he could hear the new stereo system in the vehicle. She agreed.
She went to bed and then realized later that Omar Brown had left with the vehicle. According to _
the Wilmington Police the location of the unauthorized use of the owner of the vehicle is
approximately three blocks from the robbery and three blocks south of the crash.
8. From training and experience, your affiant knows that the above — mentioned firearm is a
firearm as defined in 18 US C, Chapter 44, Section 92l(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 and/or foreign_commerce.
9. From information provided to me by one or more Wilmington Police Officers with
personal knowledge of the below facts, your affiant learned that the defendant was advised of his
Miranda rights by a Wilmington Police Officer and the defendant essentially stated that he denied
being involved in any of the above criminal activity.

Case 1:07-cr-00056-GIVIS Document 1 Filed O4/20/2007 Page 4 of 4
A l
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) 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 r
that offense. A
0 _, / - · Y
i ’ Lei r iw /
lane M. lardella i
Special Agent, ATF r
Sworn to and subscribed in my presence ·
this _ d yaof ,4 2007 - i
/ r l
A ( rz.¢%114¢;~ . ., `
- no a e aryPa ge r
Unit? States Magistrate Judge ‘r
\lls12 1ct of Delaware l