Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr-00134-SLR Document 1 Filed 07/28/2008 Page 1 of 3
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
V.
CASE NUMBER: 08-
FERMIN R. PAGAN,
Deéndant
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 July 25, 2008, in the District of Delaware, Defendant 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) 922ig)i1 i and 924(a)(2); and
knowingly possess with intent to distribute a mixture or substance containing cocaine base, in violation of Title
21 United States Code, Section(s) 841(a)(1) and (b)(1)(C).
I further state that I am sworn as a Special Deputy U.S. Marshal and am assigned to the ATF
and that this complaint is based on the following facts:
E attached Affidavit
Continued on the attached sheet and made a part hereoi; Yes
D vid C. osenblum
Special Deputy U.S. Marshal assigned to the ATF
Sworn to before me and subscribed in my presence,
July 25, 2008 at Wilmington,.,DE*’*§i“”i'»'·‘.¤‘.=.·,.·»..
Date City and e___ ,.... . .,.... ,__;g<;C§*’?¢;;,
The Honorable Paul Smith E"., H4? gi. ‘ O
Justice of the Peace Magistrate Judge g A T g
Name & Title of Judicial Officer Signag ?'·f<7{‘,¢= igieii §
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Case 1:08-cr-00134-SLR Document 1 Filed 07/28/2008 Page 2 of 3
AFFIDAVIT OF PROBABLE CAUSE: ATF Task Force Officer and Special Deputy U.S
Marshal David C. Rosenblurn
Your Affiant Detective David C. Rosenblum has been a Wilmington Police Officer for over
9 years and is currently assigned as a Task Force Officer (TFO) with the U.S. Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF), whose duties include the investigation
into firearms offenses committed in Wilmington, Delaware. Your Affiant has been
authorized to seek and execute arrest and search warrants supporting a federal task force
through Deputization by the United States Marshal’s Service. During this Officer’s
employment as a Law Enforcement Officer, Your Aftiant has authored in excess of 400
felony arrests warrants for crimes, some of which involved illegal narcotics and firearms.
Prior to Your Affiant’s current assignment, this Officer was assigned to the Wilmington
Police Drug, Organized Crime, and Vice Division, Operation Safe Streets Task Force where
Your Affiant has conducted over an estimated 1000 investigations into illegal narcotics and/
or firearms offenses whereby, this Officer seized numerous weapons along with large
amounts of narcotics and suspected drug proceeds. During Your Affiant’s tenure as a Law
Enforcement Officer, Your Affiant has received over 275 days of training from the DOJ,
FBI, ATF, DEA, DSP, WPD, DOC, Royal Canadian Mounted Police, North East Counter
Drug Training, Homeland Security, California Highway Patrol and other law enforcement
agencies. Your Affiant has been qualified in Delaware Superior Court and Federal Court,
District of Delaware to provide expert testimony on the intent to distribute controlled
substances and has testified as an expert in approximately 15 felony drug trials. During the
course of previous investigations, Your Affrant has had conversations with federal agents
and law enforcement officers with knowledge and/ or expertise in firearms offenses dealing
with interstate nexus of firearms crossing state lines thereby affecting interstate commerce.
l. Unless otherwise stated, the information in this affidavit is based upon Your Affiant’s
personal knowledge and conversations with other Wilmington Police Officers. Because
this affidavit is solely for establishing probable cause, not all facts related to this
investigation are included herein.
2. The events stated below occurred on or about 25 July 2008, in the City of Wilmington,
State and District of Delaware, as stated to Your Affiant by two Wilmington Police
detectives.
3. On 25 July 2008, a Wilmington Police detective reported to Your Affiant that the
detectives executed a state search warrant in the city of Wilmington. During the course
of executing the search warrant, the officers discovered 19 bags of a substance which
field tested positive for cocaine base with a total weight of 2.6 grams. Your affiant was
unable to visually observe the cocaine but both detectives have extensive training and
experience in narcotics investigations and believed the substance to be crack cocaine
(base.)

Case 1:08-cr-00134-SLR Document 1 Filed 07/28/2008 Page 3 of 3
4. The detectives further reported to Your Affiant that during the search a firearm was
located in the residence. The firearm was visually inspected by Your Affiant and is
described as a Smith and Wesson .38 caliber 5 shot revolver bearing serial number
CEA8579 which was loaded with 5 rounds.
5. After being taken into custody, the defendant was transported to Wilmington Police
where he was interviewed after being issued his Miranda Warning. The detectives
advised that the defendant waived his Miranda Warning and further signed a Miranda
waiver form. The defendant admitted ownership of both the firearm and the crack
cocaine.
6. Your Affiant reviewed the Delaware Justice Information System Database (DELJIS) and
verified that Defendant PAGAN, FERMIN R has two previous felony convictions in the
Superior Court in and for New Castle County for Distribution, Delivery, or Possession
of Controlled Substance within 300 feet of a Park on or about 8/6/O3 and Theft of Rental
Property over $1000 by Fraudulent Means on or about 6/27/01. Your Affiant knows
that both of these charges are punishable by more then l year in prison.
7. After physically inspecting the weapon and from my training and experience, and after
discussion with an ATF Agent who is expertly trained and experienced in determining
the interstate nexus of firearms, Your Affiant believes that the above described weapon
is a firearm as defined in 18 U.S.C., Chapter 44, Section 921(a)(3) and was
manufactured in a state other than Delaware such that its possession in Delaware would
have necessarily required that the firearm had crossed national or state lines prior to its
possession in Delaware and such that the possession of that firearm in Delaware affected
interstate or foreign 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)(l) and 924(a)(2), by
knowingly possessing in and affecting interstate and foreign commerce a firearm, after having
previously been convicted of a felony crime punishable by imprisonment for a term exceeding
one year, and also violated 21 U.S.C. §§ 841(a)(l) and (b)(l)(C) by possessing with intent to
distribute cocaine base. Accordingly, Your Affrant respectfully requests that the Court issue a
Criminal Complaint charging these offenses.
5 @6/
David C. Rosenblum
Task Force Officer, ATF
““`“,“,“"“,,”,_,”M Special Deputy U.S. Marshal
Sworn§ presence
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Case 1:08-cr-00134-SLR

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Case 1:08-cr-00134-SLR

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