Free Complaint - District Court of Delaware - Delaware

_Case 1:07-mj-00051-MPT Document 1 Filed 03/22/2007 Page 1 of 4
AO 91 (Rev. 12/93) Criminal Comp1a1nt_
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
V.
CASE NUMBER: 07- L4 - AA PW"
Thomas L. Davis Jr.
Defendant C
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 March 21, 2007 in the District of Delaware, Defendant Thomas L. Davis
Jr. did knowingly:
1) Possess in and affecting interstate and or foreign commerce, a firearm, after having been convicted in
Superior Court, in and for New Castle County, Delaware, on or about July 18, 2000, for Burglary Third Degree,
a crime punishable by imprisonment for a term exceeding one year,
in violation of Title 18 United States Code, Section(s) 922(g)(1) and 924(a)(2);
I further state that I am a Special Agent, Bureau of Alcohol Tobacco Firearms and Explosives
and that this complaint is based on the following facts:
See attached Affidavit.
Continued on the attached sheet and made a part hereof: Yes
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Scott C. Curley
Special Agent, ATF
Sworn to before me and subscribed in my presence,
at Wilmington, DE
Date City and State _
Honorable Mary Pat Thynge I/A [
United States Magistrate Judge _ ··
Name & Title of Judicial Officer H ~Si/gna of Judicial ic r
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Case 1 :07-mj-00051-IVIPT Document 1 Filed O3/22/2007 Page 2 of 4
AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT
AGAINST THOMAS L. DAVIS Jr.
I, Scott C. Curley, being duly sworn, depose and state:
1. Your affiant is a Special Agent with the United States Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) and that your affiant has been
employed in this capacity since September 10, 2001. During that time, my duties have
included the investigation of federal and state firearms offenses. 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. During the
course of your affiant’s law enforcement career, your affiant has participated in the
seizure of over seven hundred firearms and has conducted numerous investigations of
firearms offenses. Your affiant has also been involved in numerous conversations about
the facts and circumstances of firearms offenses with the investigating officers of those
firearms offenses. Unless otherwise stated, the information in this affidavit is based
upon your affiant’s personal knowledge.
2. The seizure of all the below stated evidence occurred on March 21, 2007, in the City of
Wilmington, State and Judicial District of Delaware, as stated to me by Wilmington
Police Officers with personal knowledge ofthe seizure of the below items.
3. Your affiant reviewed the computer criminal history information for the Defendant,
THOMAS L. DAVIS Jr. from the Delaware Justice Information System (DELJIS) and
A learned that the defendant had a prior felony conviction on July 18, 2000 for Burglary
Third Degree in the Superior Court of New Castle County, in the State of Delaware,
and that the crime was punishable by imprisonment for a term exceeding one year.
4. Based upon information stated to me by a Wilmington Delaware Police Officer who has
personal knowledge of the below facts, your affiant learned the following.
a) On March 21, 2007, Wilmington Delaware Police Officers were dispatched to the
area of A and Townsend Streets in the city of Wilmington, Delaware in reference to an
anonymous complaint of a short black male with a black jacket, blue knit cap at that
location with a gun. The responding officers have worked in this area for several years
. and have participated in numerous arrests in the area. The Wilmington police officers
stated that they are aware that this area of the city of Wilmington is known for both open
_ air drug activity and violent criminal activity. As the uniformed officers approached the
location they observed four black males, two of which were on foot and two of which
were on bicycles. The Wilmington police officers observed that one of the persons at that
location, who was on foot, matched the description of the gun man. _

Case 1 :07-mj-00051-IVIPT Document 1 Filed O3/22/2007 Page 3 of 4
V b) As the officers made contact with the group, the individual who matched the
description given by the anonymous caller of the gun man fled on foot. The Wilmington
police officers gave the man verbal commands to stop, however the man continued to
flee, ignoring the officers. The Wilmington police officers pursued the man on foot,
remaining no more that approximately ten feet behind the man. One of the Wilmington
police officers observed the man remove from the area of his waist band with his left
hand a silver colored handgun and make a downward throwing motion to discard it. The
officer eventually over took the man and took him into custody. The Wilmington police
officers identified the man as Thomas L. Davis Jr.
c) The Wilmington police officers then recovered the discarded firearm. The firearm
was a Bryco Arms, model Bryco 38’, .380 Auto Colt Pistol caliber, Semi-automatic
handgun, Serial Number 1227891, the magazine of which was loaded with 6 rounds of
ammunition.
d) The officers conducted a criminal history check was Thomas L. Davis Jr. and it was
found that Davis had a conviction on July 18, 2000 for Burglary Third Degree a felony in
New Castle County Delaware Superior Court. The then contacted your affiant as the
operation FED—U`P protocol.
e) Your affiant responded to the Wilmington Delaware Police Department and had the
opportunity to conduct a post Miranda interview of Thomas L. Davis Jr., who admitted to
your affiant that he had purchased the firearm a week prior to this arrest. Thomas L.
Davis Jr. stated to your affiant that he had bought the firearm at the intersection of A and
Townsend Streets, in the City of Wilmington, Delaware for $100.00 in United States
Currency from a black male he knew as "Dee". Thomas L. Davis also stated to your
affiant that he was a convicted felon and that he was currently on probation for a domestic
assault. ‘
f) I am an ATF Special Agent who has been expertly trained and experienced in
determining the interstate nexus of firearms and ammunition, and have been admitted as such
in the United States District Court in and for the District of Delaware. Your affiant
personally viewed the firearm and ammunition and knows that they were manufactured in a
state other than Delaware, such that its possession in Delaware would have necessarily
required that the firearm and ammunition had crossed state lines prior to its possession in
Delaware and such that the possession of that firearm and ammunition in Delaware would
have affected interstate and or foreign commerce.
g) Your affiant is aware that the recovered firearm is a firearm as defined in Title 18, United
States Code, Chapter 44, Section 921(a)(3) and that the ammunition is ammunition as
defined in Title 18, United States Code, Chapter 44, Section 921(a)(17)(A).

Case 1 :07-mj-00051-IVIPT Document 1 Filed O3/22/2007 Page 4 of 4
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
that offense.
ci? 0/ ~ ah king
Sco C. Curley
Special Agent, ATF
Sworn to and subscribed in my presence
this »- ·c 2007
_/
’HTonora le Mary Pat
nite "tates Magistrate Judge
District of Delaware