Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr—OOO58-SLR Document 1 Filed O3/27/2008 Page 1 of 4
AO 91 (Rev. 'I2/93) Criminal Complaint D
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08- Q"/· P4
WILLIAM HARRIS,
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 26, 2008, in the District of Delaware, Defendant WILLIAM HARRIS, after
having been convicted of a felony crime punishable by imprisonment for a term exceeding one year, did knowingly
possess in and affecting interstate and foreign commerce a firearm, in violation of Title Q, United States Code,
Section(s) 922g gig I) and 924g ai§2 ).
I further state that I am sworn as a Special Deputy U.S. Marshal and am assigped to the ATF
and that this complaint is based on the following facts:
& attached Affidavit
Continued on the attached sheet and made a pait hereof: Yes
5/é?’-·"
Steven Parrott
Special Deputy U.S. Marshal assigned to the ATF
Sworn to before me and subscribed in my presence,
March 27, 2008 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge f I
United States Magistrate Judge __ {4.-/, 4/
Name & rms Oriuaiciai orncer si ofJudicia1

Case 1:08-cr—OOO58-SLR Document 1 Filed O3/27/2008 Page 2 of 4
AFFIDAVIT OF STEVEN PARROTT
l. Your affiant is Steven Parrott. Your affiant is a Special Deputy U.S. Marshal and is
currently assigned as a Task Force Officer to the Wilmington, Delaware office of
the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Your affiant has
been a police officer for the city of Wilmington, Delaware for ten years. Prior to
your affiant’s employment with the city of Wilmington, Delaware your affiant was
a sworn police officer for ten years working in other states. ln all your affiant has
twenty years of experience as a sworn police officer. Your affiant has attended and
completed training in police/law enforcement academies in the states of Florida,
Wyoming and Delaware. Your affiant has received training in the recognition of
firearms and the investigation of firearms offenses at all three of these academies as
well as regularly attending in—service training throughout your affiant’s career. Your
affiant has participated in the seizures of over fifty firearms and the investigation of
a substantial number of firearm related offenses. In addition your affiant has
participated in discussions about the facts and circumstances of firearms offenses
with other police officers, including but not limited to local, state and federal
officers, specific to their own knowledge, experience and training of such offenses.
2. Unless otherwise noted, the information in this affidavit is based on your affiant’s
personal knowledge and conversations with officers of the Wilmington, Delaware
Police Department andfor a Special Agent of the ATF who is specially trained in
the investigation of firearms related incidents and the interstate nexus of firearms.
3. The seizure of all the below listed evidence took place on March 26, 2008, in the
city of Wilmington, state and District of Delaware, as stated below to me by one or
more Wilmington Police Officers.
4. Your affiant reviewed the criminal history information for the Defendant
WILLIAM HARRIS from the Delaware Justice Information System and learned
that the defendant has six felony convictions for which he faced incarceration for
more than one year. Those felonies are as follows. Robbery 2nd Degree and
Possession of a Deadly Weapon During the Commission of a Felony on or about
07/19/2001, Aggravated Menacing on or about 05/05/98, Robbery lst Degree and
Robbery 2'"1 Degree on or about 04/l0/96 and Assault 2"d Degree on or about
09/26/86. All of these convictions were in the New Castle County Superior Court of
Delaware.
5. Your affiant spoke to a Wilmington Police Officer hereinafter referred to as Officer
l and learned the following. Officer l was working in uniform in a marked police
car with his partner, herein after referred to as Officer 2. Officer l stated that he and
his partner observed three subjects including the defendant, loitering in the rear yard
of a vacant house. Officer l and Officer 2 began to approach the group on foot
when the defendant immediately turned away from the officers. He took one or two
steps in an alley and bent down. Officer l saw the defendant put something under a

Case 1:08-cr—OOO58-SLR Document 1 Filed O3/27/2008 Page 3 of 4
cinder block before standing back up. Officer l stated that he knows , based on his
training and experience, that this behavior is common in people who are trying to
conceal contraband.
6. Officer l told your affiant the following. He ordered the defendant out of the alley
and had him sit in a nearby chair. Officer l asked the defendant his name and the
defendant didn’t reply. The defendant then said that his name was Andre Fountain
but he couldn’t provide a date of birth. Officer l placed him into custody and into
the back seat of the police car while Officer 2 stood by with the other two subjects.
Officer l stated that Officer 2 was able to see the cinder block in question the entire
time.
7. Officer l told your affiant the following. After securing the defendant in the back
seat of the police car Officer l went into the alley. He located the cinder block that
the defendant had concealed the item under and found that the concealed item was a
handgun. Officer l removed the handgun and took it to the police car. He found that
there were five rounds of ammunition in the magazine which was in the firearm and
one round of ammunition in the chamber of the firearm.
8. Your affiant also spoke to Officer 2. Officer 2 told your affiant the following. He
stated that as he and Officer 1 approached the three subjects he saw the defendant
bend down but did not see what he was doing. Officer 2 detained the other two
subjects while Officer l detained the defendant. Officer 2 stated that he was able to
see the section of alley where the defendant had been the entire time and no one
else came anywhere near the cinder block in question while they were there.
9. Officer 1 told your affiant the following. Officer I read the defendant his Miranda
warnings. The defendant said that he understood his rights. Officer l began asking
him questions about the seized fireann and the defendant repeatedly said that he
didn’t know what the officer was talking about.
10. Your affiant spoke with the defendant in an interview room in the turnkey area of
the Wilmington Police Dept. Your affiant asked the defendant if he had been given
his Miranda warnings and he said that he had. Your affiant asked him if he
understood that he didn’t have to speak to your affiant and he said that he did. Your
affiant told the defendant what the other officers had said and that your affiant’s
primary interest was why the defendant had the gun, specifically whether he had it
for criminal use or for protection. He said that it was for protection “because of the
way the world is today".
ll. Your affiant observed the seized firearm, which was in possession of Officer 2. The
fireann is a Valor Corporation .25 caliber semi-automatic handgun. There was no
model number visible. The serial number is 11938. The seized firearm contained
both a frame and receiver and appeared, in your affiant’s opinion, to be operable.

Case 1:08-cr—OOO58-SLR Document 1 Filed O3/27/2008 Page 4 of 4
12. Your affiant spoke with an ATF agent expertly trained in the interstate nexus of
firearms. That agent stated that the seized fireami was manufactured in a state other
than Delaware, meaning the seized firearm. would have had to cross state lines prior
to its possession in Delaware, thereby affecting foreign and/or interstate commerce.
Wherefore, based upon your aftiant’s training and experience, your affiant believes that
there is probable cause to believe that the defendant did: possess in and affecting
interstate and/or foreign commerce, a fireami after having been convicted of a felony
crime punishable by imprisonment for a term exceeding one year in violation of Title 18
U.S.C., Section(s) 922(g)(l) and (924)(a)(2).
Steven P. Parrott
Task Force Officer, ATF
Special Deputy U.S. Marshal
Swom to and subscribed in my presence
thisgfday of @,26, 2008.
Z il I
/ -
T - rable Mary P { =* nge
I tes Magistrate Judge

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