Free Redacted Document - District Court of Delaware - Delaware

AO9, (RW,2,93)Cgagdecgpgghcr-00039-JJF Document 2 Filed 02/27/2007 Page 1 of 4
_ In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
V' ._ _._ .__ __ A crxss NUMBER; 07- EVM- MPT
`1 J -.` I '= ’
[D7] *1 |]ii/li if ,':·_1lill
JOSE D. BEZAREZ, I-, _' Q ;; 4 it l_J_.».. g _ .- - ,
Defendant [J -4.-.... .» . · _ I;
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best o
my knowledge and belief. On or about February 26, 2007 in the District of Delaware, Defendant Jose D
` Bezarez did knowingly:
1) Possess in and affecting interstate commerce, a firearm, after having been convicted on or about
l\/larch 22, 2004 for Maintaining a Dwelling for Keeping Controlled Substances
Maintaining a Vehicle for Keeping Controlled Substances
November 3, 1997 for Unlawful Sexual intercourse 3'° Degree (victim less than 16 YOA)
August 11, 1997 Delivery of a Narcotic Schedule II Controlled Substance
all of which are crimes punishable by imprisonment for a term exceeding one year,
in violation of Title 18 United States Code, Section(s) 9Z22(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
F I L E D
i · Scart Oulu . cial DW
FEB 2 7 20071 Scott C. Curley
Special Agent, ATF
. Lis. DISTTDT 00vmE . .
-~- mgmcm D ore me and subscribed in my presence,
M _ . at Wilmington, DE
Date ’ City and State
Honorable Mary Pat Thynge A
United States Magistrate Judge » ‘ _ Q; 42 ll.4I4. .
Name & Title of Judicial Officer g ature of Judici.-lf "icer

Case 1:O7—cr-00039-JJF Document 2 Filed O2/27/2007 Page 2 of 4
AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT
AGAINST JOSE D. BEZAREZ
» · 1. Your affiant is ATF Special Agent Scott C. Curley. Your affiant has been a law
enforcement officer for over 5 years with the U.S. Bureau of Alcohol, Tobacco, and Firearms
(ATF). 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, 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.
3. The seizure of all the below stated evidence occurred on February 26, 2007, in the City of
Wilmington, State and District ofDelaware, as stated to me by Wilmington Police Detectives
with personal knowledge of the seizure of the below items.
_ 4. Your affiant reviewed the computer criminal history information for the Defendant, JOSE
D. BEZAREZ from the Delaware Justice information System (DELJ IS) and learned that the
defendant has numerous prior felony convictions as follows:
a. March 22, 2004 for Maintaining a Dwelling for Keeping Controlled Substances
b. March 22, 2004 for Maintaining a Vehicle for Keeping Controlled Substances
c. November 3, 1997 for Unlawful Sexual intercourse 3rd Degree (victim less than 16 YOA)
d. August 11, 1997 Delivery of a Narcotic Schedule Il Controlled Substance
all of which occurred in the Superior Court of the State of Delaware, and all are crimes
punishable by imprisonment for a term exceeding one year.
5. Based upon infomation stated to me by a Wilmington Delaware Police Detective who has
J ¤¢rS¤¤¤l k¤¤w!sQg¢ of the WOW €@¢¢S» your aafiavt 1¢¤¤i¤¢d the f<·¤¤wi¤g-- as .. .
a. On February 26, 2007, Wilmington Delaware Police Detectives were conducting `
surveillance on West 4th Street, Wilmington,Delaware in reference to a homicide
that occurred on 02/25/07 in the 1600 block of West 4th Street, Wilmington,
Delaware. Detectives observed a White Hispanic male with black nappy hair,

Case 1:O7—cr-00039-JJF Document 2 Filed O2/27/2007 Page 3 of 4
I beard, stocky build, black Rock-a-ware jacket, and Muslim style blue jeans,
carrying a black plastic shopping bag in his right hand at 4th and Vanburen Streets.
Detectives observed a subject who matched the description of one of the homicide
suspects. Detectives observed the suspect meet with a black female who came out
of the Dollar Land Store and the two walked across the street. The suspect was
staring at the officer’s unmarked detective vehicle which was occupied by
- · Detectives as he walked across the street. It should be noted that the detective
vehicle was behind the suspect in a parking lot. The suspect kept staring at the
detective vehicle and began to walk faster east on 4th street. The suspect then
walked south on Jackson from 4th Street. The suspect continued walking south on
Jackson Street into the 200 block.
b. Detectives exited their vehicles and identified themselves as police officers.
Detectives instructed JOSE D. BEZAREZ to come over to the vehicle but the
suspect continued to walk away. Detectives again repeated to the suspect to come
over to the vehicle and the BEZAREZ still did not comply. The suspect then
attempted to elude officers and went into an alley way next to a day care. The
Detectives noticed that BEZAREZ was reaching towards his waist band.
Detectives fearing for their safety and the safety of others drew their guns and
ordered the BEZAREZ to stop and place his hands in the air. Detectives gave
BEZAREZ repeated commands in both English and Spanish but BEZAREZ did
not comply and fled westbound in the alley next to the daycare.
c. As Detectives closed in on BEZAREZ, the Detectives observed the suspect throw
the black plastic bag. The bag tore and a large silver colored obj ect flew up onto
_ the roof area and bounced. The bag fell to the ground Detectives observed that it
had contained glass vials that are officers are familiar with being commonly used
to package illegal drugs. Detectives eventually took BEZAREZ to the ground and
placed him into custody.
d. The Detectives contacted the Wilmington Delaware Fire Department who
responded to the scene with a ladder to gain access to the roof. Detectives
searched the roof. The roof was littered with the glass vials and Detectives noticed
in the back yard of Wilmington Delaware, the yard at the end of the
alleyway of the day care, there was clean, silver in color, large revolver with black
grips. The Detectives noted that the ground was wet with snow on the ground but
the gun was dry and that there were no footprints in the back yard where the gun
was located. Detectives secured the rear yard and the Wilmington Police
Department Evidence Detection Unit was notified to collect the gun. The defendant
was transported to Wilmington Police Department. Detectives then notified your
I I I aEant as protocol for operzH>irTEEDITTP TI I I I I I I
e. The firearm which was collected by Wihnington Police Evidence Detection Unit,
was a Smith and Wesson model number 629, .44 magnum, serial number
BBC2335, silver in color with black grips, which contained (6) live rounds of

Case 1:07-cr-00039-JJF Document 2 Filed O2/27/2007 Page 4 of 4
l Remington brand semi—jacketed ammunition.
f. A criminal history check was conducted on Jose D. Bezarez and it was found that
Bezarez has nine felony convictions, the latest one being on 03/22/2004 in New
Castle County Superior Court where he was guilty of Maintaining a Dwelling for
· the Purpose of Keeping Controlled Substances title 16, Section 4755 (00A5), a
class F Felony.
6. I am an ATF Agent who has been expertly trained and experienced in determining the interstate
nexus of fireanns 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 commerce. Furthermore the recovered
ammunition is ammunition as defined in Title 18, United States Code (USC), Chapter 44, Section
921(a)(1 7)(A) .Further more your affiant noticed that the caliber and style of rounds recovered from
the firearm, a Smith and Wesson model 629 .44 magnum were consistent with the type and style of
bullet recovered from the homicide victim on 02/25/2007.
VVherefore, based upon your affiant’s training and experience, your afiiant
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 commerce a firearm, after having previously
, been convicted of a felony crime punishable by imprisomnent for a term exceeding one year and
respectfully requests that the Court issue a Criminal Complaint charging that offense.
c - A r?
t
S tt C. Curley
Sp ial Agent, ATF
at-· ·‘`l "
Sworn to and subscribed in my presence ·`·~—~
this 2 . • ry, 2007 i. _-i,
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...- 41A _ ·~ -~ ~.
it °M¤"f*°=** *?r r r ..... ... F
• — ce tates Magistrate Judge in l " T"
District of Delaware