Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr—0OO34-SLR Document 1 Filed O3/01/2007 Page 1 of 3
AO 91 (Rev. 12/93) Criminal Complaint O
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
~ Criminal Complaint
v.
CASE NUMBER: 07- 3-:}'M.
TONY L.CLARK,
Defendant p
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 Feb. 28, 2007 in the District of Delaware, Defendant Tony L. Clark did
knowingly possess in and affecting interstate commerce, a firearm, after having been convicted of a felony crime
punishable by imprisonment for a term exceeding one year,
in violation of Title 18 United States Code, Section(s) 922( g){l ) and 924{alg2).
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
g attached Affidavit
Continue chedsheet and made a part hereof: Yes
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MAR 1 2007 mick Eyock
Special Agent, ATF
Q us. 0na1F.::<;t COURT
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Sworn to before me and subscribed in my presence,
WMM r,
Pebw2—8-, 2007 at Wilmington, DE
Date City and St
V ./ /
Honorable Mary Pat Thynge /’/{ . nlll (-
United States Magistrate Judge A ___ ·»·/ ly
Name & Title of Judicial Officer Si ature of Judic ficer

Case 1:07-cr—OOO34-SLR Document 1 Filed O3/O1/2007 Page 2 of 3
AFFIDAVIT OF PATRICK FYOCK
l. Your affiant Patrick Fyock. Your affiant has been a Special Agent for over five and a
half years with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives(ATF). During that
time, my duties have included the investigation of federal and state firearms offenses. Prior to
being hired by ATF, I was employed as a Police Officer for seven years with the Nationally
Accredited New Castle County Police Department in Delaware. During the course of your
afhant’s law enforcement career, your affiant has received law enforcement training on the
investigation of firearms offenses on numerous occasions, including but not limited to the ATF
Academy, New Castle County Police Academy, Firearms identification classes, Firearms
Nomenclature classes, Firearms identification classes at the Federal Law Enforcement Training
Center. During the course of your affiant’s law enforcement career, your affiant has participated
in over 80 seizures of firearms and well over I20 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 and conversations with Wilmington Police Officers.
3. The seizure of all the below stated evidence occurred on February 28, 2007, in the City of
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 from the
Delaware Justice information System (DELIIS) and learned that the defendant has a prior felony
conviction for Theft of a Firearm from on or about 09/ I0/2002 in the Superior Court of the State
of Delaware, a crime punishable by imprisonment for a term exceeding one year.
5. Your affiant learned the following that police offices were on patrol in the area of 5m and
Pine streets and observed a subject, later identified as Tony L. Clark, loitering in the area of the
nearby school. It should be noted that the same subject was observed by officers as they drove
past on two previous occasions. When the uniformed police officers attempted to contact this
subject he immediately fled. The subject fled through a parking lot to Spruce Street then on to sth
Street and into an alley. At this point the pursuing officer lost sight of the subject and began to
check the vacant buildings and backyards that border the alley. Assisting police officers notified
the initial officer that they had detained a subject who was exiting the alley. The Wilmington
police officer who pursued the subject responded to the end of the alley and positively identified
the subject as the same male who fied from him. The subject was detained and identified as Tony
L. Clark.
6. A concerned citizen (ccl) notified a Wilmington Police Officer and stated he was told by
a caller with whom he is associated (caller) essentially that the caller was with others in the area
and they observed the above mentioned foot chase and saw the subject being chased discard an

Case 1:07-cr—OOO34-SLR Document 1 Filed 03/01/2007 Page 3 of 3
item over a wood fence in the alley while being chased by police.
7. Your affiant was informed that Wilmington police detectives responded to the area of the
previous foot chase, as described by caller and located a Smith & Wesson, Model 36, .38 caliber
revolver, serial number 609044.
8. It should be noted that S/A Patrick Fyock spoke to the ccl via phone and was told that the
caller informed ccl that the caller and others were in the area and observed the foot chase and
arrest.Ccl also stated that caller told him the subject who was being chased by police first
attempted to gain access to a house and when he could not gain access he walked away and as he
passed a wooden fence in the alley he threw an unknown object over the fence and into a
backyard. Ccl also stated that the caller told him a short time after the caller and his associates
observed the subject taken into custody they walked to the area and observed a gun. That is when
the caller first advised ccl of the incident, who called police.
9. From my training and experience, and prior discussion with an ATF Agent who is expertly
trained and experienced in determining the interstate nexus of firearms, your affiant knows that
the Smith & Wesson Model 36 .38 caliber serial number 609044 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 commerce.
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 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.
. /"-·"./Q4-*7/, .,4 I
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Patrick Fyock
Special Agent, ATF
Sworn to and subscribed in my presence
this L d . ~.·, M 2007
- .
rg ·gI·yPg[T y , -
. tates Magistrate Judge
District of Delaware