Free Complaint - District Court of Delaware - Delaware


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Date: June 10, 2008
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State: Delaware
Category: District Court of Delaware
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~ Case 1:08-cr-00097-JJF Document 1 Filed 06/10/2008 Page 1 of 4
AO 91 (Ravi [2/93) Criminal Complaint_
in United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08- /02 ‘ rt'}
MICHAEL LINDSEY,
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 9, 2008, in the District of Delaware, Defendant did:
knowingly possess in and affecting interstate and foreign commerce, a firearm, after having been convicted of
a felony crime punishable by imprisonment for a term exceeding one year, in violation of Title Q
United States Code, Section(s) 922(g)(1} and 924(a)g2).
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:
g attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
David C. Rosenblum
Special Deputy U.S. Marshal assigned to the ATF
Sworn to before me and subscribed in my presence,
June 10, 2008 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark / g
United States Magistrate Judge ·
Name & Title of Judicial Officer Signature of Judicial Officer

_ — Case 1 :08-cr-00097-JJF Document 1 Filed 06/10/2008 Page 2 of 4
AFFIDAVIT OF PROBABLE CAUSE: ATF Task Force Officer and Special Deputy U.S
Marshal David C. Rosenblum
Your Affiant Detective David C. Rosenblum has been a Wilmington Police Officer for
approximately 10 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 Affiant 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 Aftiant’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, Califomia 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 Affiant 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 cornrnerce.
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 9 June 2008, in the City of Wilmington,
State and District of Delaware, as stated to me by a Wilmington Police Officer.
3. A Wihnington Officer received information from a confidential source that the
defendant MICHAEL LINDSEY -72 would be responding to the 2300 block of
Bowers Street located in the City of Wilmington. The informant reported to the officer
that there was reason to believe LINDSEY would be armed and had intentions on
shooting unknown individuals as a result of a previous altercation.
4. The Officer along with assisting plain clothes area officers initiated surveillance inthe
area. The Officer who is familiar with LINDSEY observed him drive into the block and
park. As he parked, the officer observed two unidentified males standing near
LINDSEY, who was still seated in the vehicle. LINDSEY held a large firearm up for the
individuals to see then placed same on the floorboard in plain view ofthe Officer. The

_ . · Case 1 :08-cr-00097-JJF Document 1 Filed 06/10/2008 Page 3 of 4
Officer reported with the use of binoculars, he clearly observed the firearm in
LlNDSEY`S hand. LFNDSEY then exited the car and walked to the group of individuals
in the area where he was taken into custody.
5. The firearm was recovered by the Officer conducting surveillance and found to be a
Sturm, Ruger & Co. 44 Magnum revolver, Ruger Redhawk containing a stamp
indicating it was manufactured in Southport, Conn. bearing serial number 502-82166.
The firearm was silver with a 6+ inch barrel. Further, the firearm was fully loaded with 6
R.P. REM 44 Mag. rounds.
6. The investigating officer reported to Your Affiant that an interview was conducted (not
witnessed by Your Affiant) in which the defendant stated that he had his vehicle parked
with the windows open. When he entered the vehicle, he was looking for a pack of
cigarettes at which time he found the gun under his seat. He then drove with the gun to
the 2300 block of Bowers Street where he was showing it to his associates.
7. Your Affiant reviewed the Delaware Justice Information System Database (DEL] IS) and
verified that LINDSEY, in the New Castle County Superior Court, has a number of
criminal convictions that are punishable by imprisonment for a term of exceeding 1 year,
including Possession of a Deadly Weapon by a Person Prohibited by Previous Felony
Conviction (March 4, 1996), Attempted Robbery First Degree (July 2, 1991), Attempted
Robbery First Degree (June 4, 1991), and Possession with Intent to Deliver or
Manufacture a Schedule I or ll Controlled Substance (November 26, 1990).
8. Your Affiant physically inspected 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 state lines prior
to its possession in Delaware and such that the possession of that fireann in Delaware
affected interstate or foreign commerce.

_ — Case 1 :08-cr-00097-JJF Document 1 Filed 06/10/2008 Page 4 of 4
Wherefore, based upon Your Affiant’s training and experience, Your Affiant believes that there
is probable cause to believe that the defendant violated:(l) 18 U.S.C. 922(g)(l) and 924(a)(2), by
possessing in and affecting interstate commerce a firearm, 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 this offense.
David C. Rosenblum
Task Force Officer, ATF
Special Deputy U.S. Marshal
Sworn to and subscribed in my presence
this Ewday of S O1 ‘L 2008
i DQ/·~ti· { Q
The Honorable Leonard P. Stark
United States Magistrate Judge

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