Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr-00106—GlV|S Document 1 Filed 06/24/2008 Page 1 of 3
AO 91 (Rev. l2/93) Criminal Complaint @1
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08- /}/ r F4
NELSON AVILES,
Defendant
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 June 23, 2008, in the District of Delaware, Defendant NELSON AVILES, after
having been convicted of a felony crime punishable by imprisonment for a tenn exceeding one year, did knowingly
possess in and affecting interstate commerce a firearm, in violation of Title L8, United States Code,
Section(s) 922g gig] 3 and 924g a)l2).
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 hereof: Yes
/c”}/‘> {H,
%.:.
Steven Parrott
Special Deputy U.S. Marshal assigned to the ATF
Swom to before me and subscribed in my presence,
June 23, 2008 at Wilmington, DE
Date City and State
Honorable Leonard P, Stark Q-/\/Q
United States Ma istrate Jud e '
Name & Title of Judicial Officer Signature of Judicial Officer

Case 1 :08-cr-00106-GIVIS Document 1 Filed 06/24/2008 Page 2 of 3
AFF IDAVIT OF STEVEN PARROTT
l. Your affiant is Steven Parrott. Your affiant is a Special Deputy U.S. Marshal and is
currently assigned as a Task Force Officer to the Wilmington, Delaware office of
the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Your affiant has
been a police officer for the city of Wilmington, Delaware for ten years. Prior to
your affiant’s employment with the city of Wilmington, Delaware your affiant was
a sworn police officer for ten years working in other states. In all your affiant has
twenty years of experience as a sworn police officer. Your affiant has attended and
completed training in police/law enforcement academies in the states of Florida,
Wyoming and Delaware. Your affiant has received training in the recognition of
firearms and the investigation of firearms offenses at all three of these academies as
well as regularly attending in-service training throughout your affiant’s career. Your
affiant has participated in the seizures of over fifty firearms and the investigation of
a substantial number of firearm related offenses. In addition your affiant has
participated in discussions about the facts and circumstances of firearms offenses
with other police officers, including but not limited to local, state and federal
officers, specific to their own knowledge, experience and training of such offenses.
2. Unless otherwise noted, the information in this affidavit is based on your affiant’s
personal knowledge and conversations with officers of the Wilmington, Delaware
Police Department and/or a Special Agent of the ATF who is specially trained in
the investigation of firearms related incidents and the interstate nexus of firearms.
3. The seizure of all the below listed evidence took place on June 23, 2008, in the city
of Wilmington, state and District of Delaware, as stated below to me by one or
more Wilmington Police Officers.
4. Your affiant reviewed the criminal history information for the Defendant NELSON
AVILES from the Delaware Justice Information System and leamed that the
defendant has two felony convictions for which he faced incarceration for more
than one year. Those felony convictions were for Possession With Intent to Deliver
Cocaine on or about ll/l 5/89 and Trafficking Cocaine on or about 01/ 16/92. Both
convictions were in the Superior Court of New Castle County, Delaware.
5. Your affiant spoke to a Wilmington Police Officer hereinafter referred to as Officer
l and learned the following. Officer l was working in uniform with a partner and
they stopped a vehicle being driven by the defendant in the city of Wilmington,
Delaware.

Case 1 :08-cr-00106-GIVIS Document 1 Filed 06/24/2008 Page 3 of 3
6. Officer 1 told your affiant the following. A search of the interior of the car revealed
a handgun located directly beneath the driver’s seat. Your affiant viewed the seized
gun and found it to be a Bersa .380 caliber semi—automatic handgun, serial number
681818. It contained both a frame and receiver and appeared, to your affiant, to be a
firearm. When seized it was loaded with five rounds of ammunition. The passenger
denied any knowledge of the firearm to Officer 1.
7. Your affiant interviewed the defendant and he essentially stated, among other
things, that he had been threatened approximately three weeks ago and that he had
the gun for protection.
8. Your affiant spoke with an ATF agent who is specially trained in the interstate
nexus of firearms. He stated that the seized gun would have had to cross state lines
prior to its possession in Delaware, thereby affecting interstate commerce.
Wherefore, based upon your affiant’s training and experience, your affiant believes that
there is probable cause to believe that the defendant did 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 U.S.C., Section(s)
922(g)(1) and (924)(a)(2). K}
Steven P. Parrott
Task Force Officer, ATF
Special Deputy U.S. Marshal
Sworn t and subsgribed in my presence
this of J ··’-tg , 2008.
The Honorable Leonard P. Stark
United States Magistrate Judge

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