Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr—OOO61-SLR Document 1 Filed O3/06/2008 Page 1 of 4
AO 9'1 (Rev. 12/93) Criminal Complaint E
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08- 58* m
LESLIE SOTO,
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 March 5, 2008 in the District of Delaware, Defendant LESLIE SOTO did
knowingly possess in and affecting interstate or 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{ glg l ) and 924; a;§2).
I further state that I am a(n) ATF Task Force Officer and Special Deputy U.S. Marshal and that this complaint is based
Official Title
on the following facts:
E attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
f David Rosenblum
ATF Task Force Officer and Special Deputy U.S. Marshal
Sworn to before me and subscribed in my presence,
March 6, 2008 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark { Q
United States Magistrate Judge Q-/\~' `
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 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 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.
l. Unless otherwise stated, the information in this affidavit is based upon your affiant’s
personal knowledge and conversations with other Wilmington Police Officers.
2. The events stated below occurred on or about 5 March 2008 at or about 2100 hours, in
the City of Wilmington, State and District of Delaware, as stated to me by one or more
Wilmington Police Officers with personal knowledge of the seizure of the below items.
3. Your affiant learned from a Wilmington Police Detective that on 5 March 2008 at
approximately 2100 Wilmington Police Dispatch sent Wilmington Police Officers to the
area of 4th and Rodney Streets’ reference a fight in progress where at least one subject
was reported anned with a firearm. Within seconds of the dispatch, that police detective
who was in the area received a call from a confidential source, who advised that a
Hispanic male was involved in an altercation in the above described area. The
confidential source reported to the detective; l— that the Hispanic male handed the
firearm to a Hispanic female who concealed the fireann in her sweatshirt and 2- both
parties entered a Toyota Camry and fled west bound on 4th Street from Rodney Street.

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4. The Detective advised Your Affiant the following. He observed the described Camry
turn south bound on Scott Street and followed same to the 1000 block of Lancaster
Avenue where a motor vehicle stop was conducted. Upon approaching the vehicle, the
female identified as LESLIE SOTO, [herein referred to as defendant] was operating the
vehicle. Two other individuals were also located in the vehicle. The detective advised
Your Affiant that he observed an additional assisting officer asking the defendant if she
had anything on her that she should not. The defendant replied to that officer "yeah."
That officer subsequently conducted a frisk of the defendant in the detective’s presence
and recovered a firearm concealed within her sweatshirt. The detective observed the
recovered firearm and advised Your Affiant the firearm was a 22 caliber Western
Derringer Serial Number 32390 loaded with two Remington 22 caliber rounds and the
markings on the firearm indicated it was manufactured by Hawes Firearm Company of
Los Angeles. The detective advised Your Affiant that the firearm appears to be
functionable and in good working order.
5. Your Affiant reviewed the Delaware Justice Infomation System Database (DEL] IS) and
verified the defendant has two Felony Convictions, Possession with Intent to Deliver a
Schedule I Controlled Substance and Maintaining a Vehicle for Keeping Controlled
Substance in New Castle County Superior Court on or about 12 September 2002. Each
Conviction includes possible imprisonment of more then one year.
6. 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 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 vio]ated:(l) 18 U.S.C. 922(g) , 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. éoseéblum
Task Force Officer, ATF
Special Deputy U.S. Marshal
Swom to and subscribed in my presence
this Exday of Nigga Q 2008
The Honorable Leonard P. Stark
United States Magistrate Judge

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