Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr-OOO60—GIV|S Document 1 Filed O3/06/2008 Page 1 of 4
AO 91 (Rev. 12/93) Criminal Complaint O
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08- S 3- W]
MALIK SAMUELS,
Defendant.
I, the undersigned complainant, being duly swom, state the following is true and correct to the best of my
knowledge and belief. On or about March 6, 2008 in the District of Delaware, Defendant MALIK SAMUELS 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) 922g gpg l 3 and 924ga[g2 3.
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:
Se; attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
/ 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 l Q?
United States Magistrate Judge Q//\# ' ·’
Name & Title of Judicial Officer Signature of Judicial Officer

Case 1 :08-cr-OOO60—GIV|S Document 1 Filed O3/06/2008 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 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 Off1cer’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 andf
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.
1. Unless otherwise stated, the information in this affidavit is based upon your affiarrt’s
personal knowledge and conversations with other Wilmington Police Officers.
2. The events stated below occurred on or about 6 March 2008 at or about 0100 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 Officer that he received information from a
Wilmington Police Detective who received the information from a past, proven, reliable
source that: 1— a black male who was described by name and wearing a green in color
State Property jacket (herein referred to as Subject 1) was leaving the Safari Lounge
located on Lancaster Avenue and 2- that Subject 1 was in possession of a firearm.
4. Your Affiant learned from the Wilmington Police Officer referenced in paragraph 3 the
following. ln furtherance of this investigation, that officer along with an assisting officer
responded to the area of the Safari Lounge where they observed two black males exit the
Safari Lounge, one of which was wearing a green State Property jacket which matched
the description of Subject 1. Further, this officer advised Your Affiant that he is familiar
with Subject 1 from previous incidents. Also, this Officer reported to Your Affiant that

Case 1 :08-cr-OOO60—GIV|S Document 1 Filed O3/06/2008 Page 3 of 4
he observed Subject 1 and a person later identified as Malik Samuels [herein described
as Defendant] earlier in the evening together in the same general area and Subject 1 was
wearing the same described jacket.
5. Your Affiant learned from the Wilmington Police Officer referenced in paragraph 3 the
following. After receiving the call from the detective referenced in paragraph 3, this
Officer along with his partner responded to the area ofthe Safari Lounge where they
reported observing Subject 1 and the Defendant exit the Safari Lounge. Upon observing
Subject l and the Defendant, they stopped their marked patrol vehicle near Subject 1
and the Defendant and the officers exited the vehicle. Upon observing the officers who
were wearing patrol uniforms exit a marked patrol vehicle, the officers observed the
Defendant remove a silver obj ect from his waistband and discard the item underneath a
parked vehicle. When the object hit the ground, it made a metallic thud. The Officer
reported that after discarding the object the Defendant walked a few more feet then
placed his hands in the air. The Officer reported that when he saw the object he
immediately recognized the object as a firearm at which time both males were taken into
custody. The officer reported he was able to maintain an unobstructed view of the
firearm and further that no pedestrians other than assisting Wilmington Police Officers
were in, or near the vicinity from which the firearm was recovered. The firearm was
recovered by Wilmington Police and the Officer referenced in paragraph 3 advised Your
Affiant that the firearm was a Smith and Wesson 38 caliber model 64-1 bearing serial
number D759789 with five live rounds and one spent cartridge in the cylinder. The
reporting officer advised the firearm appeared operable and in working order.
6. Your Affiant reviewed the Delaware Justice Information System Database (DELJIS) and
verified the defendant has two Felony Convictions, Possession with Intent to Deliver a
Schedule I Controlled Substance on/ or about 25 September 2006 and Carrying a
Concealed Deadly Weapon on or about 3 January 2006, both in New Castle County
Superior Court and Your Affiant knows that both convictions are punishable by
imprisonment for a term of exceeding 1 year.
7. 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 921(a)(3) and was manufactured in a state other than Delaware such
that its possession in Delaware would have necessarily required that t.he firearm had
crossed state lines prior to its possession in Delaware and such that the possession of
that firearm in Delaware affected interstate commerce.

Case 1 :08-cr-OOO60—GIV|S Document 1 Filed O3/06/2008 Page 4 of 4
Wherefore, based upon your affiant’s training and experience, your affiant believes that there is
probable cause to believe that the defendant violated:(1) l8 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 imprisomnent 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
thisL ay of N JL 2008
r
The Honorable Leonard P. tark
United States Magistrate Judge

Case 1:08-cr-00060-GMS

Document 1

Filed 03/06/2008

Page 1 of 4

Case 1:08-cr-00060-GMS

Document 1

Filed 03/06/2008

Page 2 of 4

Case 1:08-cr-00060-GMS

Document 1

Filed 03/06/2008

Page 3 of 4

Case 1:08-cr-00060-GMS

Document 1

Filed 03/06/2008

Page 4 of 4