Free Complaint - District Court of Delaware - Delaware


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Date: June 3, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-cr-00094-SLR Document 1 Filed 06/O2/2008 Page 1 of 3
A0 91 (Rev. 12/93) Criminal Conplaint I

In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08- q q-,4
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J 65** “· C ger ,
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 May 31, 2008, in the District of Delaware, Defendant S Q gg dg é c K ,
after having been convicted of a felony crime punishable by imprisonment for a term exceeding one year, did knowingly
possess in and affecting interstate and foreign commerce a firearm, in violation of Title lg, United States Code,
Section(s) 922( gig 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:
Sgt; attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
3 David Rosenblum
Special Deputy U.S. Marshal assigned to the ATF
Sworn to before me and subscribed in my presence,
May 31, 2008 at Wilmington, DE
Date Ci d State
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Case 1 :08-cr-00094-SLB Document 1 Filed 06/O2/2008 Page 2 of 3
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 9 years and is currently assigned as a Task Force Officer (TF O) 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 Of`ficer’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 Aff1ant’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 Affi ant
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 Atfiant 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.
1. 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. On 31 May 2008, VVPD officers executed a search warrant in a residence located in the
City of Wilmington, State and District of Delaware. The following incident was
described to Your Affiant by Wilmington Police Officers having personal knowledge
with the incident.
3. During the search an officer seized a Peitro Beretta 9 millimeter model 92F compact
semi-automatic firearm bearing serial number 0243 82 which contained 12 rounds. An
officer also recovered a spent casing fiom a toilet located in the same room from whence
the firearm was recovered

. Case 1 :08-cr-00094-SLR Document 1 Filed 06/O2/2008 Page 3 of 3
protection although ne nas no ongoing disputes. l·le further acknowledged this officers
statement that he is a convicted felon prohibited from possessing a firearm by stating "I
lmow."
5. Your Affiant reviewed tl1e Delaware Justice Information System Database (DELJIS) and
verified JOSHUA C BEY has 2 previous felony convictions for Conspiracy second
degree in New Castle County Superior Court on or about 9/ 19/2005 and Possession of a
Deadly Weapon by a Person Prohibited in New Castle County Superior Court on or
about 12/ 8/2003. Your Affiant knows that both convictions are punishable by
imprisonment for a term of exceeding 1 year.
6. Your Affiant personally inspected the above mentioned seized firearm. From my
training and experience, and prior discussion with an ATF Agent who is expertly trained
and experienced in determining tl1e interstate nexus of firearms, your affiant believes
that tl1e above described weapon is a firearm as defined in 18 U.S.C., Chapter 44,
Section 92 1 (a)(3) and was manufactured in a state or country other than Delaware such
that its possession in Delaware would have necessarily required that the firearm had
crossed United States and! or state boundaries prior to its possession in Delaware and
such that the possession of that firearm in Delaware affected interstate or foreign
commerce.

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