Free Complaint (Sealed) - District Court of Delaware - Delaware

Case 1 :06-mj-00083-lVI PT Document 2 Filed 07/13/2006 Page 1 of 4
AO 91 (Rev. 12/93) Criminal Complaint @1
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
V.
Criminal Complaint
STEVEN DAVID HUMES
0 Ia.- $*5.4
(Name and Address of Defendant)
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best ofmy knowledge and belief. On or
about July 10, 2006 in New Castle County, in the District of Delaware defendant, Steven David Humes (Track Statutory
Language arorraaaat Knowingly mailing, through the United States Postal Service, a threat to another person.
in violation of Title 18 United States Code, Section(s) 876{c). ‘
I further state thatl am a(n) Depug United States Marshal and that this complaint is based on the following facts:
Official Title
SEE ATTACHED AFFIDAV IT
Continued on the attached sheet and made a part hereof: YES
Signature or Complainant
F I L E [J I
JUL 1 3 2006
Sworn to before me and subscribed in my presence, Us Uigmm CMR,
DISTRICT DF 3E1.»wI‘ARE
July 13,2006 at Wilmington, DE
Date City and State
Honorable Joseph J. Farnan, Jr. lx \® F l
United States District Judge _ -‘*‘ ‘ ` `· (LL`-. r
Name & Title ofJuclicial Officer Signature ofJudicial Officer |·-

Case 1:06-mj-00083—lV|PT Document 2 Filed 07/13/2006 Page 2 of 4
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
1. I, William David, have been a Deputy United States Marshal with the United States
Marshals Service for over ten (10) years. I am currently assigned to the United States Marshals
Service Office in Wilmington, Delaware. My responsibilities as a Deputy United States Marshal
include the apprehension of fugitives and the protection of the Federal Judiciary. This affidavit
is based upon my personal knowledge and information provided to me by other law enforcement
entities.
2. This affidavit is made in support ofa criminal complaint alleging that on July 10, 2006,
Steven David Humes violated 18 U.S.C. § 876(c) by knowingly mailing a threat against another
person.
3. Humes is a party to Civil Action No. 06-59 KAJ, a case now pending in the United States
District Court for the District of Delaware. Humes' lawsuit purports to allege that certain
Delaware officials, including Trooper Lafferty of the Delaware State Police, Judge Smalls of the
Delaware Court of Common Pleas, and Delaware Deputy Attorney General Sean Martyniak
engaged in misconduct during a criminal investigation, prosecution, and trial of Humes by
Delaware.
4. Humes‘ suit also brought claims against the Federal Bureau of Investigation for its
purported failure to investigate the violation of his rights by Trooper Lafferty, Judge Smalls,
DAG Martyniak and others. On May 30, 2006, the FBI, through its counsel, the United States
Attorney for the District of Delaware, moved to dismiss the FBI from Civil Action No. 06-59
KAJ.
5. On July ll, 2006, Humes caused a responsive brief (the "Brief") to be filed in the United
States District Court for the District of Delaware. On July 10, 2006, in compliance with the
Federal Rules of Civil Procedure, Humes also mailed a copy of the Brief, using the United States
Postal Service, to the United States Attorney for the District of Delaware. The United States
Attorney's Office received the Brief on July 12, 2006.
6. The Brief contained, among other things, the following statements:
I will not allow any organization to crap all over the constitution and call me criminal
because they don't have the decency, the humanity to respect the written laws.
If the F.B.I. or responsible authorities do not perforni their duty to investigate and then
arrest these individuals then I will. The constitution is clear that I have a right to
protection of the laws and the right to self arrest if necessary. If this court and the Federal
authorities allow justice to be delivered to whom they wish to protect based on their
argument; then please tell them to stand aside and watch me deliver my own justice
in accord with the laws and constitution as if it were 1899. I will proceed under
protection of the laws and the constitution and make these arrests myself and any attempt
to stop me will be a felony and against my constitution rights (emphasis added).

Case 1:06-mj-00083—lV|PT Document 2 Filed 07/13/2006 Page 3 of 4
7. Attached to the Brief is a letter to the Attorney General of the United States. In that letter,
Humes states that he intends to "arrest" Qiudge Smalls, Trooper Lafferty, and DAG Martyniak.
Humes goes on to say:
It is my position that the arrests as detailed in the attached "Sworn Statements" are going
to occur and that these prosecutions will also occur. I intend to carry them out myself if
the authorities refuse. The constitution supports an individual's right to perform arrests
and to the protections of the laws, to self prosecute if necessary. If the State or Federal
authorities do not bring these charges, or at least bring them before a grand jury, and then
perform these arrests within l5days of receipt of this letter, I will immediately precede
in an armed and legal way to make these arrests myself, just like in the early 1900s,
when guns were necessary to enforce equal justice.
As crazy as this all sounds, my actions are not unjustified or suicide by the police. They
are the result of thoughtful consideration. If the authorities are allowed to pick and choose
what laws to enforce, what alleged crimes to investigate, and what people to protect, then
no American without political influence or monetary power is backed by the constitution
or protected by the laws. Without the constitution to protect our liberties and rights then
we are not really Americans. IfI am to sacrifice myself, possibly my life, then it should
be called what it truly is. I am defending the constitution and its true meaning of liberty
and justice for all,
I have two small children that deserve to have a good father but I would be less than a
man and father without honor if I choose to back away from my convictions and allow
these criminal authorities to make me less than the American I was born. (emphasis
added).
8. Humes also attached a "Notice to Authorities" which said in part:
** THE FIRST ARREST WAS A FALSE ARREST. ANY ATTEMPT AT A SECOND
WILL BE AN ARMED ASSAULT AND I WILL DEFEND MYSELF WITH
EVERYTHING I HAVE. * *
The attempted harassment by the Delaware courts sending armed Capitol Police to my
house to intimidate me will not be tolerated.
** ANY FURTHER ATTEMPTS TO THREATEN, HARASS, OR INTIMIDATE ME
BY ARMED PEOPLE WILL BE MET WITH AN APPROPRIATE RESPONSE, **
I have no intention of backing down from my constitutional rights and the evidence to
support my claims is undeniable! My constitutional rights allow me to carry arms, to the
protections of the written laws, and to defend myself.
The only way this matter will be resolved is through the enforcement of the laws either by
you, or by me. You will both do your jobs and defend the written laws fairly or I will do it

1:06- `- - `I O 13/ OO P 4 f
got truemi`lQlgOl8%(].ii]) you gimpqy neeggtg beowiiling
to die to do so.
I really didn't want this confrontation and have exercised every possible alternative.
However, it is against the law to convict a person who is innocent simply to protect
against legal actions. Yet that is what happened (emphasis in bold added).
9. Section 876(c) of Title 18 states in relevant part:
Whoever knowingly so deposits [in any post office] or causes to be delivered [by the
Postal Service], any communication . . ., addressed to any other person and containing . . .
any threat to injure the person of the addressee or of another, shall be fined under this title
or imprisoned not more than five years, or both.
l0. Based on the foregoing, your affiant believes that there is probable cause that Humes
violated Section 876 by knowingly using the United States Postal Service to deliver a
communication containing a threat to injure Judge Smalls, Trooper Lafferty and DAG Martyniak.
William David
Deputy United States Marshal
Subscribed and sworn to before me on
this the l3th day of July 2006.
l
-. *1 1; J
Ho_n able Joseph . Farnan, Jr. “
United States District Judge