Free Complaint - District Court of Delaware - Delaware

, . Case 1 :08-cr—00037—JJF Document 1 Filed O2/11/2008 Page 1 of 4
AO 91 (Rev. 1.2/93) Criminal Complaint _
t ln United States District Court A
For the District of Detaware
UNITED STATES OF All/iERiCA
y Criminal Complaint
· v.
CASE NUMBER: 08—
IRA BLAND, Defendant
l, 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 9, 2008 in the District of Delaware, Defendant IRA BLAND did knowingly pogssgagénd affecting
interstate commerce, a firearm, after having been convicted on or about October 27, 2004 of a crime punishab`l§by ijjggisonmentfor
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a term exceeding one year, : 5;;:g; I
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in violation of Title 18 United States Code, Section(s) 922(g)(‘l ) and 924(a)(2). $@3
l further state that l am a(n) Sgecial Agent, Bureau of Alcohol, Tobacco, Firearms and Exglosive and that th?1 ooélggint is based A
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on the following facts: N { at
gee attached Affidavit U
Continued on the attached sheet and made a part hereof; Yes
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{ Jason Kusheba
{ Special Agent, ATF
Sworn to before me and subscribed in my oresence,
Februag; 9, 2008 at Wilmington, DE
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. . Case 1 :08-cr-00037-JJF Document 1 Filed O2/11/2008 Page_ 2 of 4
I, Jason M. Kusheba, being duly sworn, state as follows:
1. l 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
l 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
L · - _ occasions. Your affiant has participated in over one hturdred investigations of firearms
offenses and participated in the seizure of over fifty firearms. You 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 infomation in this affidavit is based upon your afHant’s personal
knowledge.
3. The seizure of all the below stated evidence occurred on February 9, 2008, in the City of
Wihnington, State and District of Delaware, as stated to me-by Wilmington Police Officers
who have personal knowledge of the stated facts. ·· -
‘ 4. Your affiant learned that on or about February 9, 2008, at approximately 1445 hours,
Wilmington Police Department (WPD) Officers were dispatched to a commercial location
. located in the city of Wilmington, in relationship to a 911 call that reported an individual,
l later identified as the defendant, present at that location. It was reported that the defendant
had allegedly been involved in a shooting incident in December, 2007. The dispatch also
P reported the name ofthe defendant as well as the clothing that he was wearing.
5. On or about the same date, approximately 1450 hrs. WPD Officers arrived at the reported
location. They found the reported 911 caller standing next to a car on the driver’s side. The _
driver’s side door was open and the caller was pointing inside the car at the defendant, saying
he was the one who shot his (the caller’s) son.
6. Officers immediately asked the defendant to step out ofthe car and he complied. For Officer
safety reasons, an Officer asked the defendant if he had anything in his possession that could
hurt the officers. The defendant replied that he had a gun and made a movement with his left
hand toward the left side of his waistband. _
7. Officers then prevented the defendant from reaching any further toward where they believed
the firearm to be. Officers then conducted a pat-down of the defendant and located a handgun
tucked in the left side of his waistband. The gun was tucked in the waistband as though it
had been put there by the defendant using his right hand. Officers later determined that the
defendant is right-handed.

_ Case 1 :08-cr—00037—JJF Document 1 Filed O2/11/2008 Page 3 of 4
8. The recovered firearm was determined to be a Hi-Point, model C—9, 9mm pistol, serial number
P232975. The firearm was loaded with ll ror1nds of 9rnm ammunition.
9. On or about the same date, the defendant was taken to the WPD Headquarters for processing.
Officers then verbally gave the defendant his Miranda warnings. The defendant
_ acknowledged his rights and agreed to answer questions. The defendant stated that he bought
r the gun "on the street" for “a couple dollars", meaning approximately two hundred dollars.
The defendant also stated that he purchased the firearm for protection.
10. Your afriant reviewed the computer criminal history information for the defendant from the
Delaware Justice Information System (DELJIS) and the National Crime Information Center-
(N CIC) and learned that the defendant has a prior felony conviction for Conspiracy in the
Second Degree Hom on or about October 27, 2004 in the New Castle County Superior Court
for the State of Delaware, a crime punishable by imprisonment for a term exceeding one year.
l 1. Your afiant also reviewed the computer criminal history information for the aforementioned
firearm in NCIC and learned that it was reported stolen to the Wilmington Department of
Police on or about November 20, 2007.
12. From you affiant’s training and experience, and from prior discussions with ATF Agents who
are expertly trained and experienced in detennining the interstate nexus of firearms, your
affiant knows that the above mentioned firearm 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.
— 13. Basedupon your affiant’s training and experience, your affiant submits that there is probable
cause to believe that the above-mentioned seized firearm contained the frame and receiver of
a firearm, and that the firearm appeared to be capable of expelling a projectile by action of an i
explosive.

_ _ _ Case 1:08-cr—00037—JJF Document 1 Filed O2/11/2008 Page 4 of 4 I
14. Vlfherefore, based upon your affiant’s training and experience, your aftiant 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
charging that offense.
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.lasonilV[. Kusheba .
Special Agent, ATF
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Sworn to and subscribed in my presence
This 9m day of February, 2008 www
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