Free Redacted Document - District Court of Delaware - Delaware

AO`91 (Rem 12,93) crQ,as_,e ]é,Q,75g{;0O169-SLR Document 2 Filed 1 1/27/2007 Page 1 of 4
. In U nited States District Court
For the District of Delaware
M., ` I
UNITED STATES OF AMERICA
Criminal Complaint
v. .
CASE NUMBER: 07- 2 36 · M
. Christopher Ewell . ,
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 November 26, 2007 in the District of Delaware, Defendant Christopher Ewell did knowingly possess inand affecting interstate
commerce, a firearm, after having been convicted on or about October 27, 2004, of a crime punishable by imprisonment for a term
exceeding one year, in violation of Title 18 United States Code, Section(s) 922(g)(1 l and 924(a)§2) and further
state that I am a(n) Special Agent, Bureau of Alcohol, Tobacco, Firearms, and Explosives and that this complaint ls based on the
following facts:
§_gg attached Affidavit
Continued on the attached sheet and made a part hereof: ?
Veronica M. Hnat
` Special Agent, ATF
Sworn to before me and subscribed in my presence, y
N ‘*·’°—~·J“6·/ S7 {xw `W at Wilmington, DE
Date City and State Q
0; M tw 3 fst/- .l Q?
Name & Title o dicial Officer Signature o Judicial Othcer
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` Case 1 :07-cr-00169-SLR Document 2 Filed 1 1/27/2007 Page`2 of 4
x" . I, Veronica M. Hnat, being duly sworn, state as follows:
n l. I am a Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and
l . Explosives (ATF) and have been so employed for over eighteen 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 since October, 2003. During the
course of your affiant’s law enforcement career, your afiiant has received law
enforcement training on the investigation of Erearrns offenses on over hundred
occasions. Your affiant has participated in over one hundred 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 Ereaims offenses.
2. Unless otherwise stated, the information in this affidavit is based upon your
affiant‘s personal knowledge.
3. The seizure of the below stated evidence occurred on November 26, 2007, in the
city of Wilmington, State and District of Delaware, as stated to me by -
Wilmington Police· Officers who have personal knowledge of the stated facts.
4. On November 26, 2007, at approximately 1550 hours, Wilmington Police were on
routine patrol traveling northbound in the 2400 block of Jefferson Street, in the
city of Wilmington, when they observed a white Buick traveling eastbound on
25th Street disregard a stop sign at Jefferson and 25th Streets. They observed the
vehicle continuing eastbound on 25th Street to Washington Street and made a
right onto Washington Street, then it proceeded to make a right onto 24th Street.
The vehicle continued westbound on 24th Street and again, disregarded a stop
sign at 24th and Jefferson Street. The same vehicle then ran another stop sign at
24th and Madison Streets. The Officers followed the vehicle as it turned left on to
Madison Street and stopped at a red light at Madison and Concord Avenue. At
. this time the Oficers were behind the vehicle and were able to activate their
emergency equipment in an attempt to pull the vehicle over. The vehicle then
proceeded across Concord Avenue to Madison Street and pulled over to the side
of the road.
5. The Officers observed that the vehicle was a white, 2000 Buick Century with
temporary registration of XB690395. As one of the Officers' approached the
driver side of the vehicle, he observed the driver trying to remove his jacket.
When the Officer was at the driver's window the jacket was now off the driver but
still behind him while he was seated in the vehicle. The Officer noticed that the
driver, Christopher Ewell, appeared to be very nervous when he
explained why they had stopped him. Ewell stated that he was in a hurry to get to

Case 1 :07-cr-00169-SLR Document 2 Filed 1 1/27/2007 Page 3 of 4
I work. The Officer could smell what appeared to be marijuana emitting from the
_ vehicle while Ewell was telling him that he could not get any more tickets.
6. The Officer requested Ewell's driver's license and registration. While Ewell was
n about to reach over to the glove compartment to retrieve the documents requested
he took the jacket from around him and pulled it up high and placed it on the seat
next to him. The Officer observed that the jacket hung down heavier on one side,
more so than usual, as if there was something weighing it down. As Ewell
handed the Ofhcer his license the Officer noticed that Ewell's hand was visibly
shaking and he appeared to be very nervous. The Officer requested that Ewell get
out of the vehicle for Officer safety.
_ h 7. Ewell got out of the vehicle and was patted down for officer safety. While Ewell
was being patted down by one Officer, the other Officer patted the jacket down
· that Ewell placed on the passenger seat of the vehicle. The Officer who patted the
` jacket down felt what appeared to him, to be a handgun in the left coat pocket. As
the Officer picked the coat up higher the obj ect in the pocket forced it to open ‘
slightly, which allowed the Officer to see a firearm in the pocket. Ewell was then
ta.ken into custody.
8. One of the Officers' walked Ewell back to the patrol car and read him his Miranda
. Warnings. The Officer asked Ewell if he understood his rights and Ewell '
indicated that he understood. The Officer asked Ewell what he had in the car.
Ewell told the Officer that he had it for protection. The Officer asked Ewell why
do you have it and Ewell told him that he has been "beefing."
. 9. Recovered from the left coat pocket ofthe jacket that Ewell was in possession of
was a loaded Raven Arms, MP25, .25 caliber pistol, serial number 1664855 and
four small bags of marijuana. The frrearrn was loaded with one round in the _
chamber and three rounds in the magazine.
10. A review of the Delaware Justice information System indicated that the
temporary tag XB6903 95 was registered to Christopher Ewell. Further review of
Ewell's criminal history revealed that Ewel1’s date of birth is and has
a prior felony conviction and was found guilty of Aggravating Menacing-
- Displaying What Appears to be a Deadly Weapon on or about 10/27/2004, in A
Superior Court of Delaware, New Castle County, which is a crime punishable by
imprisonment for a term exceeding one year.
ll. From your affiant’s training and experience, and from prior discussions with ATF
Agents who are expertly trained and experienced in determining the interstate
nexus of firearms, your affiant knows that the above mentioned firearm was
manufactured in a state other than Delaware such that the possession in Delaware
C would have necessarily required that the 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 :07-cr-00169-SLR Document 2 Filed 1 1/27/2007 Page 4 of 4
V 12. Based upon your affia.nt's training and experience, your afiiant submits that there
is probable cause to believe the above mentioned seized iireann contained a frame
and receiver of a firearm, and that the firearm appeared to be capable of expelling
a projectile by action of an explosive.
13. Wherefore, based upon your af`i·iant's training and experience, our affiant believes
that there is probable cause to believe that the defendant violated 18 USC l
922(g)(l) and 924(a)(2) by possessing in and affecting interstate commerce a
‘ fireann, after having previously been convicted of a felony and
respectfully requests that the Court issue a Criminal Complaint charging that
offense.
i
' Veronica M. Hnat A -
Sp eeial Agent, ATF Q
Sworn to and subscribed in my presence Q
This 27m day of November, 2007 `
Honorable Lenard P. Stark
United States Magistrate Judge
District of Delaware

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