Free Redacted Document - District Court of Delaware - Delaware

Case 1 :08-mj-00118-UNA Document 2 Filed 07/16/2008 Page 1 of 3
vi (Kev. 12/HJ) Criminal Complaint O
United States District Court
DISTRICT OF DELAWARE
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UNITED srnrns or AMERICA {Ul jid E [D
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Criminal Complaint 08- // Y~—}‘Y)
JIl\/[MY LEE PIERCE,
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 July 15, 2008, in New Castle County, in the District of Delaware, defendant
J immy Lee Pierce, did knowingly possess with the intent to distribute 500 grams or more of a mixture and substance
containing a detectable amount of cocaine, a schedule II controlled substance, in violation of Title 21, United States
Code, Section 84l(a)(l) and (b)(l)(B).
I further state that I am a Special Agent with the Drug Enforcement Administration, U.S. Department of Justice, and
that this complaint is based on the following facts: SEE ATTACHED AFFIDAVIT
Continued on the attached sheet and made a part hereof: YES lr
Signature o§Complainant
Eric G. Miller
Special Agent
Sworn to before me and subscribed in my presence,
July 16, 2008 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark Q { I {
United States Magistrate Judge TQ/-\# I
Name & Title of Judicial Officer Signature of Judicial Officer

Case 1:08-mj-00118-UNA Document 2 Filed 07/16/2008 Page 2 of 3
AFFIDAVIT
1. Your affiant, Special Agent Eric G. Miller of the Drug Enforcement Administration
(DEA), does solemnly swear that:
2. Your affiant is a Special Agent with the Drug Enforcement Administration (DEA),
United States Department of Justice and as such, I am an “investigative or law
enforcement officer" of the United States within the meaning of Section 25 l 0(7) of Title
18, United States Code, that is, an officer of the United States who is empowered by law
to conduct investigations of and to make arrests for offenses enumerated in Section 2516
of Title 18, United States Code. I have been a DEA Special Agent for the past eighteen
years and am currently assigned to the Wilmington, Delaware Resident Office. During
my employment with the DEA, I have received training in connection with the
identification, manufacture, and distribution of illegal drugs, including cocaine and
cocaine base. I have attended at least ten schools and seminars that specialized in all
aspects of narcotics investigations. Your affiant continues to keep abreast of current
trends and practices of drug traffickers by reading periodicals, intelligence reports and
training literature. Finally, your affiant has frequent contact with other Special Agents
and law enforcement personnel as well as confidential informants and sources of
information in an attempt to remain up-to-date with current trends of narcotics
traffickers. During my employment as a DEA Special Agent, I have participated in over
three hundred narcotics investigations. Your affiant has been certified as an expert in
State and Federal Court on at least five occasions involving cocaine and cocaine base.
3. This Affidavit is in support of a criminal complaint against Jimmy Lee Pierce, date of
birth, 1969. I am the case agent responsible for the investigation in aid of
which this application is being made. This Affidavit is based on my personal knowledge
and observations as well as information provided to me by other law enforcement
officers who participated in this investigation. Because this Affidavit is solely for the
purpose of establishing probable cause, not all facts relating to the investigation are
included herein.
4. On July 15, 2008, I received a telephone call from a trooper with the Delaware State
Police. This law enforcement othcer advised that he had just initiated a traffic stop on a
1998 Chevy Lumina, Virginia registration KJB7992, for a speeding violation southbound
on Interstate 95, near the toll plaza in Newark, Delaware. Based on the Virginia driver’s
license provided by the driver, the law enforcement officer initially identified the driver
of the Lumina as Richard Earl Teach, III, date of birth, August 1, 1972. Later, during an
interview, the driver advised your affiant that his real name was Jimmy Lee Pierce and
his birthdate wa: 1969.
5. The driver initially indicated that the Lumina had been rented, but he was unable to
provide evidence of the alleged rental or any rental agreement.
6. A Delaware State Police K—9 Officer responded to the scene and perfonned a K-9 scan
on the vehicle. The dog’s behavior indicated an interest in the passenger compartment of

Case 1:08-mj-00118-UNA Document 2 Filed 07/16/2008 Page 3 of 3
the car. A hand search of the vehicle produced approximately one kilogram of cocaine
(1000 grams), found in the glove box. A subsequent field test continued that the
substance was cocaine.
7. Upon arrest, Pierce was advised of his rights pursuant to Miranda v. Arizona. While at
Delaware State Police Troop 2, Pierce admitted to possessing the kilogram of cocaine in
Newark, Delaware. Pierce admitted purchasing the cocaine in New York for $35,000 for
the kilogram of cocaine and an additional approximately $23,000 (found in the Lumina)
was to purchase more cocaine in New York. Pierce stated, however, that the source of
supply in New York only had one kilogram of cocaine to sel.] to him.
8. Based on your affiant’s training and experience, it is your affiant’s belief that the seized
cocaine was intended for distribution. This conclusion is based on the above factors
including the quantity, packaging, and street value of the seized cocaine.
9. WHEREFORE, based on the above—stated facts, your affiant believes that there is
probable cause to believe that Jimmy Lee Pierce has committed the crime of knowingly
possessing with the intent to distribute more than five hundred grams of a mixture or
substance containing a detectable amount of cocaine, a schedule II narcotic controlled
substance, in violation of 21 U.S.C. §§ 84l(a)(l) and (b)(l)(B); and prays that a
complaint be issued.
I, the undersigned, swear that the above-stated facts are true to the best of my knowledge and
belief.
Special Ageét Eric G. Miller
Drug Enforcement Administration
Sworn and subscribed before me this l6‘*‘ day of July, 2008.
The Honorable Leonard P. Stark
U.S. Magistrate Judge

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