Free Redacted Document - District Court of Delaware - Delaware

Case 1 :O7—cr-00025-JJF Document 2 Filed 02/20/2007 Page 1 of 3
AO 91 (Rev. 12/93) Criminal Complaint _

United States District Court
DISTRICT OF DEZLAWARE
UNITED STATES OF AMERICA
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Robert Cottman ’ Bl Nl · M F'lT‘
V Wilminton, Delaware 19805
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best ofmy knowledge and belief.
On or about February 18, 2007, in Wilmington City, New Castle County, in the District of Delaware defendant(s) did,
knowingly possess a firearm that has affected interstate commerce after being convicted of a crime that is punishable by imprisonment of
more than one year.
in violation of Title 18 United States Code, Section(s) _Q_2gg)g1) .
I further state that I am a(n) Special Agent, Bureau of Alcohol, Tobacco, Firearms and Explosives and that this complaint is based
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on the following facts:
SEE ATTACHED AFFIDAVIT
Continued on the attached sheet and made a part hereof: YES
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Sig ature of Complainant
Patrick W. Fyock
Special Agent
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Sworn to before me and subscribed in my presence, U
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February 18 at Wilmington, DE § P RO ig
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Case 1:O7—cr-00025-JJF Document 2 Filed O2/20/2007 Page 2 of 3
AFF IDAVIT OF PATRICK FYOCK
1. Patrick W. Fyock, being first duly sworn upon his oath, deposes and states that:
I have been employed by the Bureau of Alcohol Tobacco Firearms and Explosives(ATF)
as a Special Agent since July 2001. ATF is a Federal Law Enforcement agency charged
with the enforcement of federal statutes relating to firearms and explosives. Title 18
U.S.C. Chapter 44 and Chapter 53 and Title 26 U.S.C., Title 18 U.S.C. Chapter 40. 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.
2. The seizure of all the below stated evidence occurred on February 18, 2007, in the City
of Wilmington, State and District of Delaware, as stated to me by Officer Robert Fox,
sworn Wilmington Police Officer, Delaware State Probation and Parole Officer Henry
DuPont with personal knowledge of the seizure of the below items.
3. Your affiant reviewed the computer criminal history information for Robert Cottman III
DOB - 1974 SBI # 00265603 from the Delaware Justice Information System
(DELJ IS) and the National Crime Information Center (N CIC) and learned that the subject
has a prior felony conviction, for which he could have been sentenced to more than one
year incarceration of Possession With the Intent to Deliver Schedule II Narcotic from on
or about 09/22/1997 in the Superior Court of the State of Delaware, court case number
9705006164
4. I learned the following that on February 17, 2007 Wilmington Police Officer Fox and PO
DuPont were on patrol in the area of 4"` and Clayton streets, Officer Fox observed a
subject known to Officer Fox driving a vehicle, Officer Fox conducted a DELJIS motor
vehicle check and the subj ect was found to be suspended. Wilmington Police Officers
conducted a vehicle stop. Robert Cottman III DOB 1974 was a passenger in the
vehicle. Robert Cottman III was found to be wanted for Violation of Probation. Robert
Cottman III is currently on probation with Delaware State Probation and Parole. PO
Dupont contacted his Probation supervisor and a Delaware State Probation and Parole
Administrative Search was authorized. On February 18, 2007 Delaware State Probation
and Parole Officers conducted the administrative search at
city of Wilmington State of Delaware. This address is Cottman’s address of record and
Cottman was in possession of keys to the residence. Delaware State Probation located 3
boxes of Remington 22 caliber Subsonic ammunition under the mattress in the bedroom
of Robert Cottman III. Also in this bedroom there was a State of Delaware Family Court
for New Castle County Civil Notice for Robert Cottman
‘ Wilmington, DE. 19805 file CN02-07377. A loaded .22 caliber Rossi revolver serial #
578529 was located under the bed of Cottman’s Mother, Beverly Cottman DOB
1953. A Smith & Wesson 9mm model 6904 serial # TCZ 5837 was located inside a
gym bag that was inside a first floor room that was used for storage. During the search
Cottman was located in the living room area and could hear the conversations of
searching officers. PO Cerminaro stated he located 22 caliber ammunition in his
bedroom, hearing this Cottman stated he found the ammunition outside his house and

Case 1:O7—cr-00025-JJF Document 2 Filed O2/20/2007 Page 3 of 3
brought it in to get them away from his house. PO DuPont contacted Beverly Cottman
(mother of Robert) in the living room and asked her about the firearm. Robert Cottman IH
stated he found 22 caliber outside and he put it under the mattress in his mother’s room
for her to use for protection. When Cottman heard an officer say he found another one
Cottman IH turned to his mother and stated "they got the bag". Cottman told officers he
found that gun in the alley way.
5. Iknow through my training and experience that neither Rossi nor Smith & Wesson
firearms are produced in the state of Delaware, therefore both of the firearms have
traveled in interstate commerce.
6. Based on the foregoing, there is probable cause to believe that Robert Cottman 1]]
committed the crime of possession of a firearm by a person prohibited, in violation of 18
U.S.C. § 922(g)(1) in the City of Wilmington, State of Delaware.
Patrick Fyock
Special Agent, ATF
Sworn to and subscribed before me this 18 day of February , 2007.
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