Free Complaint - District Court of Delaware - Delaware

AD 91 (Rem mg}, CQg11§_el1C%,-SLQOQOQS-JJF Document 1 Filed 06/O2/2008 Page 1 of 4
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08- q b yl
CONNELL KOGER,
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 1, 2008, in the District of Delaware, Defendant CONNELL KOGER 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 18 United States
Code, Section(s) 922| g); 1] and 924ga[{2].
I further state that I am swom as a Special Dguty 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
Z David Rosenblum
Special Deputy U.S. Marshal assigned to the ATF
Swom to before me and subscribed in my presence,
June 2, 2008 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge
United States Magistrate Judge 4, ,_
Name & Title of Judicial Officer Sign Judicial bf? ‘-

Case 1:08-cr—OOO93-JJF Document 1 Filed 06/O2/2008 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, most 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 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 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 20 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 expenise in firearms offenses dealing with interstate nexus
of firearms crossing state lines thereby affecting interstate commerce.
l. Unless othewvise 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 1 June 2008, WPD officers conducted a consent search 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 of the residence, an officer seized a Model R.G. 14, 22 caliber
revolver bearing serial number L646293 containing 6 rounds in the cylinder. The firearm
was inspected by Your Affiant (TF O Rosenblum.)

Case 1:08-cr—OOO93-JJF Document 1 Filed 06/O2/2008 Page 3 of 4
4. Your Affiant responded to WPD and spoke with the investigating officers. An officer
involved reported that he issued the Defendant CONNELL KOGER his Miranda
Warning on l June 2008 at 0308 hours at which time the defendant verbally waived
Miranda and provided an oral and written statement. The statement contained in part
that the defendant’s mother owned the gun but passed away in 2001. He then came into
possession of the firearm and kept it under his bed for protection. The written statement
also states in part “l know l wasn’t supposed to have it" and further that the defendant
resides alone in the residence.
5. Your Affiant then conducted a second interview with the defendant in the WPD
Turnkey. Your Affiant issued Miranda a second time to the defendant at 0355 hours at
which time the defendant again verbally waived his Miranda and reiterated to Your
Affiant that he came into possession of the firearm after his mother’s death. During the
interview Your Affiant queried the defendant regarding his providing officers verbal
consent to search. The defendant initially stated the officers did not have consent and
barged their way through the door. Your Affiant, after having spoken to at least 2
officers who were present during the incident and who advised Your Affiant the firearm
was recovered as a result of a consent to search, discussed with the defendant the
benefits of remaining cooperative and honest versus becoming adversarial and being
deceptive. The defendant then shrugged his shoulders and shook his head up and down
indicating (yes) and stated "l said they could search" and acknowledged that he gave
verbal consent for the officers to search his residence for the firearm although he had
hopes that they would not find the firearm.
6. Your Affiant reviewed the Delaware Justice information System Database (DELJIS) and
verified that CONNELL KOGER has a single previous felony conviction for Possession
of a Schedule I Controlled Substance within 1000 Feet of a School in New Castle
County Superior Court on or about ll/4/02. Your Affiant knows that this conviction is
punishable by imprisonment for a term of exceeding l year.
7. 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 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 92 l(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.

Case 1:08-cr—OOO93-JJF Document 1 Filed 06/O2/2008 Page 4 of 4
requests mat me Lourt issue a Lgrimmali mplamt charging this etiense.
David C. Rosenblum
Task Force Officer, ATF
Special Deputy U.S. Marshal
Sworn to and subscribed in my presence
this éda e 4; __ 2008
-: »._
@ ora e Mary 'J ·‘ ynge
` · i States Magistrate Judge

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