Free Redacted Document - District Court of Delaware - Delaware

Case 1 :08-mj-00133-UNA Document 2 Filed 07/29/2008 Page 1 of 3
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United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
EMMANUEL COOPER
Criminal Complaint
CASE NUMBER: 08- /3 3 -;*-1
1, 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 28, 2008, in the State and District of Delaware, Defendant Emmanuel Cooper,
did knowingly possess in and affecting interstate commerce, a firearm, that is, a Rossi, model 351, .38 Special-caliber
handgun, after having been convicted on or about October 25, 2004, of a crime punishable by imprisonment for a term
exceeding one year, in the Delaware County Court of Common Pleas, in the Commonwealth of Pennsylvania, in violation
of Title 18, United States Code, Sections 922(g)(l) & 924(a}(2).
l further state that I am a(n) Special Agent of the Bureau of`Alcohoi, Tobacco, Firearms, gnd Explosives [ATF), and
that this complaint is based on the tbllowing facts:
See attached Affidavit.
Continued on the attached sheet and made a part hereof? Wi'e_s X _
S nature of Complainant
Jason M. Kusheba
Special Agent, ATF
Sworn to before me and subscribed in my presence,
jd I U B R at Wilmington, DE
Date City and State
Iillggoiable Leonard P. Stark Q Qi / C
Name & Title of Judicial Oflicer Signature o Judicial Officer

Case 1 :08-mj-00133-UNA Document 2 Filed 07/29/2008 Page 2 of 3
AFFIDAVIT
The affiant being duly swom, deposes and states the following:
l, Jason M. Kusheba, being duly swom, state as follows:
l. l am a Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) and have been so employed for over seven years. During that time,
my duties have included the investigation of firearms offenses at both the State and
Federal levels. Your Affiant is currently assigned to the Operation Disarrn Task
Force and has been so assigned since October, 2003. During the course of your
affiant’s law enforcement career, your affiant has received law enforcement training
on the investigation of firearms offenses on over fifty occasions. Your affiant has
participated in over one hundred investigations of firearms offenses and participated
in the seizure of over fifty firearms. Your Affiant has also had over one hundred
conversations with police officers and Federal agents about the facts and
circumstances of firearms offenses. Your Affiant has been employed as a law
enforcement officer in various capacities since l99'/.
2. The seizure of all the below stated evidence occurred on 07/28/2008, in the City of
Wilmington, State and District of Delaware. I am the case agent responsible for the
investigation in aid of which the application is being made. This affidavit is based
on your affiant’s personal knowledge and observations, as well as information
provided to me by other law enforcement officers.
3. On or about O'//28/2008, your Aifiant interviewed a confidential source, herein
referred to as CS, who is currently on Federal Probation. The CS stated that she lives
at Marshall Street, Wilmington, DE, with Emmanuel Cooper, and two children
ages four and two. The CS stated that on or about 07/26/08, she found a firearm that
Cooper was hiding under the television in the master bedroom that she occupies with
him. The CS described the firearm as a revolver that is black in color.
4. Your affiant has reviewed Emmanuel COOPER’S criminal history from the National
Crime information Center (NCIC). COOPER’S criminal history indicated that on or
about 10/25/2004, he was found guilty of possession with intent to deliver or
manufacture a controlled substance, in the Delaware County Court of Common
Pleas, for the State of Pennsylvania, which is a crime punishable by imprisonment
for a tems exceeding one year. This conviction prohibits COOPER from possessing
any firearms.
5. On or about 07/28/2008, ATF Special Agents, Detectives from the Operation Disarrn
Task Force, and Officers from the Wilmington Police Department executed a Federal
search warrant at Cooper”s residence. As a result of the search, Officers recovered a
Rossi, model 351, .38 Special-caliber handgun. This firearm was loaded with five
{5) .38 Special-caliber rounds of ammunition. This firearm was found beneath a
television located in the master bedroom ofthe residence. Also located in the

Case 1 :08-mj-00133-UNA Document 2 Filed 07/29/2008 Page 3 of 3
residence, were various documents in the name ofthe Defendant, including letters
addressed to the Defendant at that address.
6. On or about the same date, your Affiant and another ATF Special Agent interviewed
the Defendant. Prior to questioning, your Affiant advised the defendant of his
Miranda wamings. The Defendant stated that he understood his rights, waived his
right to remain silent and agreed to answer questions. The Defendant stated that he
lives Marshall Street, Wilmington, DE with his girlfriend and two children,
ages four and two. The Defendant stated that he has been living at this address for
approximately six to seven months. The Defendant stated that he was going to take
responsibility for the firearm that was found in the residence. The defendant then
indicated that he was not going to answer any further questions.
7. From you affiant’s training and experience, and from prior discussions with ATF
Agents who are expertly trained and experienced in determining the interstate nexus
of firearm, your affiant knows that the above mentioned firearm was manufactured in
a country other than the United States. As such, the firearm necessarily crossed state
lines prior to the defendant’s possession of it in Delaware. Therefore, the
det`endant‘s possession of this firearm in Delaware has affected interstate and foreign
commerce.
8. Based upon your affianfs training and experience your aftiant submits that there is
probable cause to believe that the above-mentioned seized Rossi, model 351, .38
Special-caliber handgun contained the frame and receiver of a firearm, and that the
firearm appear to be capable of expelling a projectile by action of an explosive.
9. Wherefore, based upon your afliant’s training and experience, your affiant submits
that there is probable cause to believe that the defendant violated Title 18 U.S.C.
Section 922(g) and 924(a)(2) by possessing in and affecting interstate commerce a
fireann, 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.
Jason usheba
Spccia Agent, ATF
Sworn to and subscribed in my presence
this Ljlnday of _]U\ _] 2008.
R,- Qt { gl-;
Honorab e Leonard P. Stark
United States Magistrate Judge

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