Free Complaint - District Court of Delaware - Delaware

Case 1:08-mj-00082-UNA Document 1 Filed O4/17/2008 Page 1 of 4
A0 91 (Rev. 12/93) Criminal Complaint _
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA,
Plaintiff,
Criminal Complaint
v.
CASE NUMBER: 08- $2 » M
SEBRON FLEMING
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 February 28, 2008, in the District of Delaware, Defendant SEBRON FLEMING
did knowingly:
1) 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)g1i
and 924ga]{2).
I further state that I am a(n) Special Agent, 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
\
Jason . Kus eba, Special Agent, ATF
Sworn to before me and subscribed in my presence,
{ gf-\\ VJ]! Wing at Wilmington, DE
Date City and State
Honorable Leonard P. Stark Q
United States Magistrate Judge JV I
Name 8. Title of Judicial Officer Signature of Judicial Officer

Case 1 :08-mj-00082-UNA Document 1 Filed O4/17/2008 Page 2 of 4
I, Jason M. Kusheba, being duly sworn, state as follows:
l. I am a Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) and have been so employed for over six years. During that
time, my duties have included the investigation of firearms offenses at both the
State and Federal levels. Your Affiant is currently assigned to the Operation
Disarm Task Force and has been so assigned since October, 2003. During the
course of your Affiant’s law enforcement career, your Affiant has received law
enforcement training on the investigation of firearms offenses on over fifty
occasions. Your Affiant has participated in over one hundred investigations of
firearms offenses and participated in the seizure of over fifty firearms. Your
Affiant has also had over one hundred conversations with police officers and
Federal agents about the facts and circumstances of firearms offenses. Your
Affiant has been employed as a law enforcement officer in various capacities
since 1997.
2. Unless otherwise stated, the information in this affidavit is based upon your
Affiant’s personal knowledge. Since this affidavit is for the purpose of
establishing probable cause, not all facts related to this investigation are
included herein. The seizure of all the below stated evidence occurred on
February 28, 2008, in the City of Newark, State and District of Delaware.
3. On or about February 26, 2008, your Affiant and a Wilmington Police
(WPD) Detective (Det.) intewiewed a Confidential Informant (CI) who
stated that he/she can purchase a shotgun from an individual known as
"Buddha". The CI stated that "Buddha” is approximately 30 years of age
from the Brookside section of Newark, DE and described him as a
"junkie". The CI stated that "Buddha" drives a Cadillac or a Lincoln.
4. On or about the same date, your Affiant queried the Delaware Justice
Information System (DELJIS) nickname database in an attempt to
identify "Buddha". At that time, your Affiant tentatively identified
"Buddha” as SEBRON FLEMING, white male, hereinafter referred to as
the defendant.
5. On or about 02/27/2008, your Affiant and a WPD Detective interviewed
the CI regarding the defendant. At that time the Cl positively identified
the defendant as the individual he knows as "Buddha”.
6. A review of the defendant’s criminal history in DELJIS and the National
Crime Information Center (N CIC) shows that he is prohibited from
possessing firearms, having been convicted of Assault in the 2"° Degree, in
the New Castle County Superior Court, State of Delaware, from on or
about March 8, 2001, a crime punishable by a term of imprisonment
exceeding one year.

. Case 1 :08-mj-00082-UNA Document 1 Filed O4/17/2008 Page 3 of 4
7. On or about February 28, 2008, at approximately 1237 and 1243 hours,
the Cl made two consensually monitored calls to the Defendant in the
presence of your Afliant and a WPD Detective. During those two
telephone calls, the defendant agreed to meet the CI at Fireside Park,
Newark, DE at approximately 1630 hours, for the purpose of selling the CI
a shotgun.
8. On or about the same date, at approximately 1600 hours, your Afliant and
a WPD Detective met with the CI. At that time, the CI was accompanied
by his/her significant other who had driven the CI to the meeting. At that
time, the CI, the CI’s significant other, and the CI’s vehicle were searched
for contraband with negative results. Your Affiant then secreted a
transmitter/recorder on the Cl in order to capture a recording of the
transaction. Your Affiant also provided the CI with $100 of ATF Agent
Cashier funds to make the purchase of the shotgun.
9. On or about the same date, at approximately 1617 hours, your Afiiant and
a WPD Detective followed the CI and his/her significant other in their
vehicle to the predetermined meet location at Fireside Park. At
approximately 1628 hours the Cl left his vehicle and went on foot into the
park to meet the target. At approximately 1651 hours, surveillance units
observed a tan/silver Cadillac arrive and park in the area of MacCay and
Martindale Streets, Newark, DE.
10. Surveillance units were then able to observe the following series of events.
Upon arrival to Fireside Park, the defendant was observed exiting the
· driver side of the aforementioned vehicle to meet the CI. After greeting
each other, the CI and defendant proceeded to the trunk of the
defendant’s vehicle. The CI and the defendant were then observed looking
into the trunk of the defendant’s vehicle. The Cl then took a long dark
case from the trunk of the Defendant’s vehicle. The CI and the Defendant
then shook hands and the defendant departed the area in the Cadillac.
The CI then walked back to hisfher vehicle with the long dark case.
11. Immediately following the transaction, your Affiant and a WPD Detective
met with the CI to recover all property and evidence. At that time, your
Affiant retrieved a black case from the CI that contained the following
firearm: A Crescent Firearms, side-by-side model, 16-gauge shotgun, no
serial number. Your Aftiant also obtained the transmitter/recorder from
the CI that contained a recording of the transaction.
12. At that time, your Afiiant and a WPD Detective also questioned the Cl
regarding the transaction. The CI confirmed that he/she had purchased
the aforementioned shotgun for $100 from the individual he/she previously
identified as "Buddha".

Case 1 :08-mj-00082-UNA Document 1 Filed O4/17/2008 Page 4 of 4
13. From your Aff`iant’s training and experience, and from prior discussions
with ATF Agents who are expertly trained and experienced in determining
the interstate nexus of firearms, your Affiant knows that based on a
description of the above mentioned firearm, it was manufactured in a state
other than Delaware. As such, its possession in Delaware would have
necessarily required that the firearm had crossed state lines prior to its
possession in Delaware, and thus the possession of that firearm in
Delaware affected interstate commerce
14. Based upon your Affiant’s training and experience, your Affiant submits
that there is probable cause to believe that based on a description of the
above-mentioned seized firearm, it contains the frame and receiver of a
firearm, and that the firearm appeared to be capable of expelling a
projectile by action of an explosive.
15. Wherefore, based upon your Affianfs training and experience, your
Affiant submits that there is probable cause to believe that the defendant
violated Title 18 U.S.C. Section 922(g) 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 and arrest warrant charging that offense.
I l rx I
,/ ‘I= K
Jason . Kusheba
Specia Agent, ATF
Sworn to and subscribed in my presence
This 17m day of April, 2008
it X . O;
Honorable Leonard P. Stark
United States Magistrate Judge
District of Delaware

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