Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr—00044-SLR Document 1 Filed 02/19/2008 Page 1 of 3
AO 91 (Rev. 12/93) Criminal Complaint _
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
CRIMINAL COMPLAINT
v.
CASE NUMBER: 08- ‘·f$" M
BRYANT K. ERVIN,
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 Februagg 16, 2008 in the State and District of Delaware, Bryant K.
Eryin did knowingly possess in and affecting interstate commerce, a firearm, after having been convicted on or
about February 9, 1999, of a crime punishable by imprisonment for a term exceeding one year, in violation of
Title 18 United States Code, Section(s) 922(g)g1 ) and 924(a)(2).
I further state that I am a(n) Task Force Officer, ATF and that this complaint is based
Official Title
on the following facts:
g attached Affidavit.
Continued on the attached sheet and made a part hereof: Yes M I __/r S
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David C. Rosenblum
Task Force Officer
Bureau of Alcohol, Tobacco, Firearms and Explosives
Sworn to before me and subscribed in my presence, •§§;,i·§;igi§¤9%~g,%0
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Case 1:08-cr—OOO44-SLR Document 1 Filed O2/19/2008 Page 2 of 3
AFFIDAVIT OF PROBABLE CAUSE
Your affiant Detective David C. Rosenblum (Your Affiant) has been a Wilmington Police
Officer for approximately 9 years and is currently assigned as a Task Force Officer (TF O)
with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) whose duties
include the investigation into firearms offenses cormrritted in Wilmington, Delaware. During
this Ofticer’s employment as a law enforcement officer, Your Affiant has authored an excess
of 400 felony arrests warrants for crimes related mainly to illegal narcotics and firearms.
Prior to Your Af`fiant’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 investigations 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 Afhant has received over 296 days or 2388 hours 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 and
has testified as an expert in approximately 15 felony drug trials. During the course of
previous investigations, Your Affiant has had conversations with other federal agents and
law enforcement officers with knowledge and or expertise in firearms offenses dealing with
the interstate nexus of firearms.
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 for purposes of establishing probable cause, not all facts involved in this
investigation are contained herein.
2. The events stated below occurred on or about February 16, 2008, at or about 1900 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 February 15, 2008, he
received a State of Delaware Domestic Violence Protection from Abuse Order (PFA)
issued in New Castle County Family Court directing the defendant, Bryant K. Ervin
(dob 12/ 3 1/79) (hereinafter the "Defendant" or “Ervin"), to relinquish a "silver
handgun" which the petitioner of the PFA (the "Petitioner") advised the authorizing
magistrate was stored in her residence. The PFA states that the Petitioner pre—authorized
a voluntary search of her residence for the above described weapon. Lastly, the
investigating Detective advised that this investigation was initiated because the Ervin
was alleged to be in possession of a firearm despite prohibition from possessing a
firearm as a result of a felony conviction.

Case 1:08-cr—OOO44-SLR Document 1 Filed O2/19/2008 Page 3 of 3
4. Your Affiant reviewed the Delaware Justice Information System Database (DELJ IS) and
verified the Defendant has a Felony Conviction of Possession of a Firearm During the
Commission of a Felony in New Castle County Superior Court on or about February 9,
l 999.
5. Wilmington Police Detectives obtained a signed written consent to search form from the
Petitioner of the PFA to search for and seize the handgun alleged to be stored by the
Defendant in the Petitioner’s residence. The firearm, further described as a black and
chrome Cobra model GA-32 semi-automatic .32 caliber firearm bearing serial number
CPO26498 was seized by Wilmington Police.
6. The Defendant was interviewed and after verbally waiving his Miranda Warnings
provided a videotaped statement to investigating detectives acknowledging possession
of the weapon. The Defendant indicated that he was holding the firearm for someone
else.
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 knows that the above described weapon is a firearm as defined in 18 U.S.C.,
Chapter 44, Section 92l(a)(3) and was not manufactured in Delaware, such that its
possession in Delaware would have necessarily required that the firearm had crossed
state and/or national lines prior to its possession in Delaware, and such that the
possession of that firearm in Delaware affected interstate and/ or foreign commerce.
Vifherefore, based upon Your Affiant’s training and experience, Your Afliant believes that there
is probable cause to believe that the Defendant violated 18 U.S.C. §§ 922(g)(l) and 924(a)(2), by
possessing in and affecting interstate commerce a firearm, after having previously been convicted
of a crime punishable by imprisonment for a tenn exceeding one year, and respectfully requests
that the Court issue a Criminal Complaint charging this offense.
74* ' { bri'./'.7{é;.`;€ EPB.}/4_.%”} V _
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David C. Rosenblum
Task Force Officer
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Sworn to and subscribed in my presence
this 4, day of ILE 2008 “ ___f'__ W
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Honorable Vernon Tay c", Q
Magislmtc Judas gl is J
Justice of the Peace Court 20 § fg §
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Case 1:08-cr-00044-SLR

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Case 1:08-cr-00044-SLR

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Case 1:08-cr-00044-SLR

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