Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr-00086-JJF Document 1 Filed 05/O2/2008 Page 1 of 4
A0 91 (Rev. 12/93) Criminal Complaint I
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA Criminal Complaint
v. CASE NUMBER: 08- 97 — /`/'
COURTNEY B. MURRAY
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 1, 2008 in New Castle County, in the District of Delaware,
defendant possessed a firearm, in and affecting interstate and foreign commerce, after having been convicted of a felony
crime punishable by more than one year in prison,
in violation of Title 18 United States Code, Secti0n(s) 922( gpg 1 { and 924(al§2).
I further state that I am a(n) ATF Task Force Officer and that this complaint is based
Official Title
on the following facts:
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
Signature of Complainant
David C. Rosenblum
ATF Task Force Officer
Sworn to before me and subscribed in my presence,
May 2, 2008 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark {
United States Magistrate Judge *
Name & Title of Judicial Officer Signature of Judicial Officer

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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 (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 assigmnent , 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 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. The events stated below occurred on or about l May 2008, inthe City of Wilmington,
State and District of Delaware, as stated to me by at least three Wilmington Police
Officers.
3. Your affiant learned from speaking to the Officers that they were dispatched to the area
of the 1900 block of West 5"‘ Street in reference to suspicious activity involving three
black males attempting to gain access to a residential roof Upon arrival to the area, the
first arriving patrol unit who was operating a fully marked patrol vehicle observed three
black males exit the alleyway to the residence that he was dispatched to. That Officer
advised Your Affiant that he observed three black males exit the alley way at which
point he stopped his vehicle in their vicinity and obstructing their path. Upon stopping
the vehicle, the group split up and one of the individuals changed direction away from
the vehicle and walked away at a quickened pace. The Officer exited his vehicle and
requested all three males to stop at which point the male who changed direction sped up
his pace to a run and fled away from the Officer. The Officer gave chase to that
individual and deployed his Departmental Tazer to gain compliance from the suspect.

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The Officer reported that as he initiated Tazering the defendant, the officer observed the
defendant remove a black firearm (revolver) which he clearly identified as such from
the defendant’s waistband and throw same to the ground. The Officer reported that an
assisting officer recovered the firearm and secured same while the defendant was taken
into custody. The firearm was found to be a Colt Cobra 38 Special (serial number
B78888) loaded with 6 Remington rounds in the cylinder. The Officer further reported
that there were no pedestrians in the vicinity of the apprehension nor where the weapon
was recovered. The suspect taken into custody was identified as Defendant l:
COURTNEY B MURRAY.
4. While the above described incident occurred, the two remaining individuals fled in the
opposite direction. Two additional assisting WPD officers gave chase to those subjects.
One of the males was able to elude capture but discarded a crowbar as he fled which
was recovered by the officers.
5. The second individual was apprehended by the assisting patrol officers. Upon catching
the subject, the officers advised that as they were attempting to subdue the subject later
identified as Defendant 2: DARREN HARRIS, he was observed attempting to remove a
long black object from his waistband. Upon making that observation, one of the officers
employed their departmental issued Tazer and after further struggling with the
defendant was able to take Harris into custody. Once in custody, the obj ect in Harris’s
waistband was found to be a crowbar. Further search of Harris revealed a Smith and
Wesson 40 caliber model SW40VE (serial number RAL7066) fully loaded with 13
rounds in the magazine and 1 round in the chamber located on the inside of his left pant
leg. The firearm was confirmed to be stolen out of Amherst CO.
6. The Officers reported that upon responding back to the residence that they were
dispatched to, they observed pry marks on the door indicative of attempted forced entry
utilizing a pry bar or crowbar.
7. Your Affiant interviewed both defendants in the Wilmington Police Criminal
Investigation Division interview room at approximately 1340 hours on 5/ 1/08. Both
defendants waived their Miranda Warning and agreed to be interviewed. Defendant l
MURRAY denied possession of the firearm that he discarded and any involvement in
an attempted burglary. He further stated he simply was walking in the vicinity with
Harris just prior to being stopped by the police. Harris implicated himself in the
attempted burglary along with Murray and a third male whom he would only identify by
nickname. Harris acknowledged possession of the firearm found on his person and that
he is a felon.
8. Your Affiant reviewed the Delaware Justice Information System Database (DELJIS)
and verified COURTNEY MURRAY has 8 prior Felony convictions, two of which are
adult convictions in the New Castle County Superior Court for the following: Two
separate guilty pleas for Possession W! Intent to deliver Narcotic Schedule H Controlled
Substance, both of which are Class C Felonies punishable by imprisonment for a term
of exceeding l year.

Case 1 :08-cr-00086-JJF Document 1 Filed 05/O2/2008 Page 4 of 4
9. 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 weapon described in paragraph 3 herein is a firearm as defined
in l8 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 or foreign commerce.
Wherefore, based upon your affiant’s training and experience, your affiant believes that there is
probable cause to believe that the defendant COURTNEY B MURRAY violated:(l) 18 U.S.C.
§§ 922(g)(1) & 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
thish@ay of MRI 2008
The Honorable Leonard P Stark
United States Magistrate Judge

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