Free Complaint - District Court of Delaware - Delaware

_ Case 1:07-cr-00038-JJF Document 1 Filed O3/12/2007 Page 1 of 3
AO 91 (Rev. 12/93) Criminal Complaint O
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OE AMERICA
Criminal Complaint
v.
CRISTIAN OREJU ELA CASE NUMBER: 07- L15 N\
I, the undersigned complainant, being duly sworn, state the following is tme and correct to the best of my knowledge and belief.
On or about Februag 18, 2007 in the District of Delaware, defendant was:
an alien in possession of a fireama
in violation of Title 18 United States Code, Section(s) 922; gig 5) .
I further state that I am a(n) Special Agent, United States Department of Homeland Securig, Bureau of Immiggation & Customs
Enforcement 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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Signature 0fCo ainant
Michael Deshaies
Special Agent
Bureau of Immigration & Customs Enforcement
U.S. Department of Homeland Security
Swom to before me and subscribed in my presence,
- · at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge _ l _'Q%rU/
United States Magistrate Judge J ‘ Cj ,»’ ’?'· - fg
Name & Title ofJudicial Officer IPI Signature bf.ludicial Officer fz . 6/

. , Case 1 :07-cr-00038-JJF Document 1 Filed 03/12/2007 Page 2 of 3
AFFIDAVIT
I, Michael J. Deshaies, being duly sworn, depose and say:
1. I am a Special Agent with the United States Department of Homeland Security,
Bureau of Immigration & Customs Enforcement (ICE), Dover, Delaware. I have been
employed as a Special Agent since October 01, 1997, when the INS employed me. The
INS was transferred to the U.S. Department of Homeland Security as the Bureau of
Immigration 8. Customs Enforcement in March 2003. As a part of my official duties, I
have participated in the investigation of federal firearms offenses as they relate to
persons who are illegally or unlawfully in the United States. During the course of your
affiant’ s law enforcement career, your affiant has participated in the seizures of
firearms and investigations of firearms offenses, as well as conversations about the
facts and circumstances of firearms offenses with investigating law enforcement officers
involved in those offenses.
2. This investigation is based on information provided by State of Delaware government
agencies, INS/ICE records, and my own observations and interviews.
3. On March 09, 2007, ICE Wilmington took one Cristian OREJUELA into custody in the
District of Delaware, following his release on bond from State of Delaware custody. The
Delaware State Police arrested OREJUELA on February 18, 2007 after he shot another
individual with a handgun. He threw the handgun from the window of his car as he
attempted to escape. The handgun was later recovered.
4. ICE indices show that Cristian OREJUELA was last admitted to the United States on
November 23, 2002, with authorization to remain in the United States until May 22, 2003.
He remained in the United States beyond May 22, 2003, in violation of his nonimmigrant
status. The provisions of Title 18 United States Code Chapter 44, subsection 922(y), do
not except OREJUELA.
5. On March O9, 2007, your affiant advised OREJUELA of his rights, in Spanish. Once
advised of his rights, OREJUELA signed a waiver of his rights and agreed to speak with
your affiant. In a sworn statement, he admitted that his true and correct name is Cristian
OREJUELA, and that he was born in Colombia. OREJUELA stated that he had been in
possession of a handgun and that he had fired it in the direction of another person, hitting
him in the foot.
6. From a prior discussion with a Special Agent with the United States Department of
Justice, Bureau of Alcohol Tobacco, Firearms and Explosives, who is expertlytrained and
experienced in determining the interstate nexus of firearms, your affiant knows that
practically no firearms or ammunition have been manufactured in the state of Delaware,
such that the defendants possession ofthe firearm and/or ammunition in Delaware would
have necessarily required that the firearm had crossed state lines priorto its possession in

_ Q Case 1 :07-cr-00038-JJF Document 1 Filed 03/12/2007 Page 3 of 3
Delaware and such that the possession of that firearm in Delaware affected interstate ·
commerce.
Wl-IEREFORE, your afflant avers there is probable cause to believe that Cristian
OREJUELA, a citizen and national of Colombia, being an alien illegally in the United
States, violated 18 U.S.C. 922(g)(5) by possessing and affecting interstate commerce a
firearm, and respectfully requests that the Court issue a Criminal Complaint charging that
offense.
Ur _.‘ `· i
BMG "‘tM-{ 42 / tod/·
Michael Deshaies
Special Agent, ICE
Sworn to and subscribed in my presence
this ifday of_ @(4:g 2007
-/ »-- ___ _.
H0 a' le Mary Pa Th"
U ' tates Magistr e `udge
District of Delaware