Free Complaint - District Court of Delaware - Delaware

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Ao 91 ima) Criminal Complatnt_

I ln United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: oe- [O 5-M
LEVAN MORALES,
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 Jgge 13, 2D0§, in the District of Delaware, Defendant did:
knowingly 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 United
States Code, Section(s) 922(g)(1} and 924(a)(g).
I further state that I am sworn as a Special Degugg 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: gee
David C. osenblum .
Special Deputy U.S. Marshal assigned to the ATF
Sworn to before me and subscribed in my presence,
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Date City and STBTB nhlhn
The Honorable Sidney Clark ,_ __ _ /.,,a* __ ""*··-CEE
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Name & Title of Judicial Officer lQ¤¤t¤l‘9 0f - Glal Om ,,_*- _ _7§
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AFFIDAVIT OF PROBABLE CAUSE: ATF Task Force Officer and Special Deputy U.S l
Marshal David C. Rosenblurn
Your Afdant Detective David C. Rosenblum has been a Wilmington Police Officer for t
approximately 10 years and is currently assigned as a Task Force Officer ('1`FO) 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 Aftiant 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 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 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 COHIIIIGIGB.
1. Unless otherwise stated, the information in this affidavit is based upon Your Atiiantfs
personal knowledge and conversations with other Wilmington Police Officers. Eecause
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 13 June 2008, in the City of Wilmington,
State and District of Delaware, as stated to me by at least two Wilmington Police
Officers.

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3. On 13 June 2008, WPD Drug, Organized Crime, and Vice (DOCV) Officers were
operating in the Riverside area and observed a vehicle parked in a manner blocking the
normal flow of traffic in the middle ofthe street. A rear seat passenger was observed
exiting the vehicle at which time one of the DOCV officers was in a vehicle stopped at
the same intersection in close proximity to the vehicle. The officer reported to Your
Affiant as the male later identified as the defendant (LEVAN MORALES) exited the
vehicle, he was holding his hand against the front of his waistband in an tumamral
manner. The Officer reported that through his extensive training and experience he
believed the male to be seeming a weapon in his waistband. The officer who was clearly
displaying police insignia exited his vehicle and upon approaching the defendant
requested the defendant to show his hands for officer safety. Upon hearing the request,
the defendant quickly turned his back toward the ofiicer and hunched his back and bent
over slightly in an unnatural position. The defendant then appeared to be retrieving the
item from his waistband. The officer, in fear for his own safety deployed his
departmental tazer causing the defendant to fall to the mound. The defendant was taken
into custody and found to possess a loaded firearrn tucked into his waistband where he
was reaching.
4. Your Affiant physically inspected the weapon which was found to be a KELTEC CNC
Inc. model P1 1, 9 millimeter luger manufactured in Cocoa, FL. The firearm displayed
serial number 13782 and contained seven 9 millimeter rounds in the magazine.
5. Your Affiant reviewed the Delaware Justice information System Database (DELJIS) and
verified that MORALES has 4 previous felony conviction in the New Castle County
Superior Court for the following charges: on or about 7/6/2006, Possession of a Narcotic
Schedule 1 Controlled Substance within 1000 feet of a school; on or about 2/10/2004,
Distribution, Delivery, or Possession of a Controlled Substance within 300 feet of a
Park; on or about 2/24/2003, Possession with Intent to Deliver a Narcotic Schedule I
Controlled Substance; and on or about 2/24/2003, Juvenile in Possession of a Deadly
Weapon (handgun). Your Affiant knows each of these convictions has a possible penalty
of incarceration of more then one year.
6. After physically inspecting the weapon and from my training and experience, and after
discussion with an ATF Agent who is expertly trained and experienced indetermining
the interstate nexus of firearms, Your Affiant believes that the above described weapon
is a Hrearm as defined in 18 U.S.C., Chapter 44, Section 92l(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 firearm in Delaware affected interstate
commerce.

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Wherefore, based upon Your Affiant’ s training and experience, Your Aftiant believes that there
is probable cause to believe that the defendant violated 18 U.S.C. §§ 922(g)(l) and 924(a)(2), hy
knowingly 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.
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Devi C. Rosenb um
Task Force Officer, ATF t
Special Deputy U.S. Marshal _
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Swom to and subscribed inmy presence 6;/_ - V O ea
this gi day f M _ 2008 pr · . .1; _ 2
" to 0 _/` “’ * Y is-To we Y
The Honorable Z' · r Y Clark _ 19 ·-.,_ ___- ".____.
Jugtjgg gf th ‘ · sr B Magistrate Jia"; g€ S`-
Justioe of e eace Court 20 · ‘ ”*r»:u»¤...4trtt¤\\*""`

Case 1:08-mj-00105-UNA

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