Free Complaint - District Court of Delaware - Delaware

Case 1:08-cr-00002-GIVIS Document 2 Filed 11/14/2007 Page1 of3
A0 91 (Rev. 12/93) Criminal Complaint O X _
United States District Court {/iw
1, 4
\______'.f
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
Criminal Complaint 07- 2 ? 7 M
GARY A. JOHNSON
(Name and Address of 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 November 7, 2007, in New Castle County, in the District of Delaware
defendant, Gary A. Johnson did
Count I: forcibly assaulted, resisted opposed, impeded, intimidated and interfered with John Doe 1, a federal employee
within the meaning of 18 U.S.C. § 1114, while John Doe 1 was engaged in and on account of the official performance
ofhis duties, in violation of18 U.S.C. § 111(a) and (b).
Count II: forcibly assaulted, resisted opposed, impeded, intimidated and interfered with John Doe 2, a federal employee
within the meaning of 18 U.S.C. § 1114, while John Doe 2 was engaged in and on account ofthe official performance
of his duties, in violation of 18 U.S.C. § 111(a) and (b).
Count IH: assault by striking, beating and wounding John Doe 1 while within the special maritime and territorial
jurisdiction of the United States in violation of 18 U.S.C. § ll3(a)(4).
Count IV: assault by striking, beating and wounding John Doe 2 while within the special maritime and territorial
jurisdiction ofthe United States in violation of 18 U.S.C. § 113(a)(4).
in violation of Title United States Code, Section(s) see above .

Case 1:08-cr-00002-GIVIS Document 2 Filed 11/14/2007 Page 2 of 3
A0 91 (Rev. 12/93) Criminal Complaint O
I further state that I am a(n) Police Officer, Department of Veteran Affairs and that this complaint is based on the
following facts: Official Title
SEE ATTACHED AFFIDAVIT
Continued on the attached sheet and made a part hereof: YES
{ gra 222 /O/ia ._
Signature of Complainant
Ali McPherson
Sworn to before me and subscribed in my presence,
November 14, 2007 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark ` " j _‘ ,_ V. ·
United States Magistrate Judge ' 2- " " I
Name & Title of Judicial Officer Signature ofludicial Officer

Case 1:08-cr-00002-GIVIS Document 2 Filed 11/14/2007 Page 3 of 3
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
Your Affiant Ali McPherson, being duly sworn and deposed, states as follows:
1. Your Affiant is an officer with the Department of Veterans Affairs Police ("VA Police").
2. On November 7, 2007, VA Police assigned to the VA Medical Center in Elsemere,
Delaware received a panic alarm from the mental health front desk about a disorderly
patient.
3. Responding officers arrived at the scene and saw Gary A. Johnson swinging his arms
wildly.
4. The officers ordered Johnson to the ground. They then interviewed a physician, John
Doe 1, who stated that while discussing medications with Johnson, Johnson became
angry, knocked John Doe 1 to the floor, grabbed John Doe 1 around the neck and choked
him. A second physician, John Doe 2, stated that he intervened to calm Johnson down
and Johnson struck him in the head. John Doe 1 and John Doe 2 are both federal
employees. At the time John Doe 1 and John Doe 2 were assaulted, they were engaged in
the performance of their official duties. Both John Doe 1 and John Doe 2 suffered bodily
injury.
5. In sum, I believe there is probable cause that Gary A. Johnson violated 18 U.S.C. §
II3(a)(4) and 18 U.S.C. § l11(a)(1) and (b).
Ali McPherson
Subscribed and sworn to before me on
this the»14th day of November 2007.
Honorable Magistrate Leonard P. Stark

Case 1:08-cr-00002-GMS

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