Free Redacted Document - District Court of Delaware - Delaware

s _ _Case 1_:07-mj-00235-UNA ocu on _ g Filed 11/26/2007 Page 1 of 4
A 1 (Rev. I2/93)Cr1m111a1 Comp1amt__ - _ t
In United States District Court
For the District of Delaware
UNITED STATES OF AMER
Criminal Complaint
V` cAsE Nuivisen; or-23.>'·M
JOHN W STEED s
Defendant I
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 11/25/2007 in the District of Delaware, Defendant STEED did
knowingly:
1) possess in and affecting interstate commerce, a firearm, after having been convicted on or about 8/1/2005
of a crime punishable by imprisonment for a term exceeding one year,
in violation of Title 18 United States Code, Section(s) . 922(g)(1l +924(a)(2)
I further state that l am a(n) Special Agent, ATF and that this complaint is
based
on the following facts: · F l LWE D,
E attached Affrdavit ‘ NOV 2 6 2007 {
Continued on the attached sheet and made a part hereof: Yes
us. DiS`|'R|CT count
li 5 D@_F;lCT OF DELAWARE
Special Agent, ATF
Sworn to before me and subscribed in my presence,
N¤—Q,~_-QQ —"·’0'D" at Wilmington, DE
Date City and State .
Honorable Leonard Stark Q K
United States Magistrate Judge Q/Q I
Name & Title of Judicial Officer Signature of Judicial Officer

_. Case 1 :07-mj—OO235—UNA Document 2 Filed 11/26/2007 - Page 2 of 4
in _ AFFIDAVIT OF: PAUL D. GEMIVIATO n I
l.`Your affiant is a special Agent. Your afnarrt has been a law enforcement officer for _ ·
over 18 years with the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). During that time,
- my duties have included the investigation of federal and state firearms offenses. During the . {
course of your affiant’s law enforcement career, your affiant has received law enforcement
training on the investigation of firearms offenses. j During the course of your affiant’s law Z
enforcement career, your afiiant has participated in over a hundred seizures of firearms and
over a 100 investigations of firearms offenses, as well as numerous conversations about the facts `
and circumstances of firearms offenses with the investigating officers of those firearms offenses.
2. Unless otherwise stated, the information in this affidavit is based upon your at`fiant’s (
personal knowledge. ·
· 3. The incident described below occurred on November 25, 2007, at approximately 1400 _ ·
hours in the City of Wilmington, State and District of Delaware, as stated to me by Wilmington
Police Officers with personal knowledge of the incident, which involved the recovery of 2
firearms following several robberies. Firearm l is described as a Lorcin, chrome plated semi- Q
_ automatic 9 millimeter handgun which contained 9 rounds in the magazine and 1 round in the _ . l
chamber (S/N Ll 18608.). Firearm 2 is described as a Llama Super Comanche 44 Magnum
. revolver, black in color (S/N RA335l) which contained 5 rounds in the cylinder. Also recovered `
in the incident were 3 grams of crack cocaine packaged in 11 bags and 33 grams of marijuana
packaged in 15 separate bags. Details of the incident are described below. -
4. Your affiant reviewed the computer criminal history informationfor both defendants in
the Delaware Justice Information System (DELJ IS) and the National Crime Information Center
(N CIC) and learned that the defendant MICHAEL T GREEN, DOB - on or about
5/22/06, was found guilty of Possession With Intent to Deliver a Non-narcotic Schedule I A
Controlled Substance in New Castle County Superior Court, a felonyin the state of Delaware.
Defendant 2, JOHN W STEED, DOB - . on or about , was found Guilty of
Trafficking 10-50 grams of cocaine in the New Castle County Su rior Court, a felony in the I
state of Delaware. ` _ gh 5 M I
- 5. On November 25, 2007, a Wihnington Police Patrol Officer was flagged down by a
victim of an armed robbery. The victim reported that 2 black males driving a white Pontiac
Grand Am just robbed him at gunpoint. The victim also informed Wilmington Police that he had
been pistol—whipped in the robbery; he had marks on his face consistent -with being struck with
an obj ect. The victim provided a. description of the suspects and the vehicle, which the officer
transmitted over Wilmington Dispatch. Soon after the dispatch, assisting Wilmington Police
· Officers observed a white Pontiac Grand Am and attempted to stop it. The vehicle fled and the
Wilmington Police Officers pursued. The vehicle soon crashed into a second, unrelated vehicle.
‘ After crashing, both individuals in the Grand Am (later determined to be STEED and GREEN)
fled on foot. GREEN forced entry into a residence (1205 Elm Street) in an attempt to elude
police. GREEN was apprehended in the rear yard of a house near that residence. STEED was
t J

. Case 1 :07-mj-00235-UNA Document 2 Filed 11/26/2007 Page 3 of 4
- ‘ . r
apprehended on the corner of Franklin and Elm Streets. The Lorcin, chrome-plated semi- V l
automatic 9 millimeter handgun (Firearm 1) was found near the scene of STEED’s apprehension.
6. In the Grand Am, Wilmington Police Officers observed a firearm, later determined to ` E
be the Llama Super Comanche 44 Magnum revolver (Firearm 2). Also in plain view inside the Y
vehicle were 3 grams of crack cocaine and 3`3 grams of marijuana; all of which the officers stated *
through their training and experience was packaged for sale.
7. Your affiant learned from Wilmington Police Officers with personal knowledge of the
below facts that GREEN was advised of his Miranda rights by a Wilmington Police Officer and p i
the defendant indicated that he rmderstand his rights and voluntarily agreed to speak with law - j
enforcement. Following the waiver of his Miranda rights, GREEN voluntarily told the q I
Wilmington Police, among other things, that he possessed a firearm and that he had prior felony ‘ g
convictions. GREEN also confessed to the robbery. GREEN initially stated that he was provided Q
the chrome-plated 9mm by STEED and was forced to engage in the robbery by STEED. A _
GREEN also said that STEED had a large black revolver. GREEN provided a full account of the
reported robbery, as well as another robbery STEED and GREEN just committed. GREEN later l
altered his statement slightly and acknowledged that he and STEED willingly participated in the j
robberies. A
` 8. STEED was also read his rights per Miranda, but requested a lawyer and the L
interview was terminated. After the termination of theinterviews, GREEN, and STEED were A
seated in interview rooms that were adjacent to each other. At that time, GREEN and STEED
voluntarily engaged in dialogue by yelling to each other through the walls. While yelling to each i
other, both GREEN and STEED spoke in detail about the robberies, and the equal part they both
. shared. This conversation was witnessed by several Wihnington Police Officers and was video _
and audio-taped. l ' `
R 9. Fromtraining 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 - mentioned firearrrrs were manufactured in a state other than Delaware
such that their possession in Delaware would have necessarily required that the firearms had
crossed state lines prior to their possession in Delaware and such that the possession of those
firearms in Delaware affected interstate commerce. ·
l0. Your afiant learned from Wilmington Police orrrears who have personal knowledge
of the facts stated above that both firearms appeared to be capable of expelling a projectile by _
action of an explosive.
Wherefore, based upon your afiiant’s training and experience, your affiant
believes that there is probable cause to believe that defendants GREEN and STEED each
violated 18 U.S.C. 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 Criminal Complaints
charging that offense for both defendants. .
s 2 - . i

Case 1 :07-mj—OO235—UNA Document 2 Filed 11/26/2007 Page 4 of 4 _
4¤ggnr;;.§.T‘-..x
a pag; ;_ 6 atc ——··—1¤··— A
_ A Sp cial Agent, ATF V .
Sworn to and s bscrib ‘d ` my presenoe A n n .
A t1nQ_(;*‘cmy of K)¤—>°~·jv°? 2007 A
Honorable Leonard-P Stark A
United States Magistrate Judge ‘
3

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