Free Redacted Document - District Court of Delaware - Delaware

_ Case 1 :07-mj—00233-UNA e t Eiled 11/26/2007 Page 1 of 3 _'
AO 91*{1icv. 12/%) Criminal Complair1t_ R 1
In·United States District Court ‘
For the District of Delaware l
i
I I
UNITED STATES OF AMERICA
Criminal Complaint j
V` cAsE null/ieee: or- 23 3410 g
JARROD WILLIAIVIS r
Deéndant ,
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of-
my knowledge and belief. On orabout November24 2007 in the.DistrIct of Delaware, Defendant Williams
did i I
knowingly possess in and affecting interstate commerce, a firearm, after having been convicted on or about " ‘
8/11/200&f a c@ie punishable by imprisonment for a term exceeding one year, ,
LL! Q I I
in violatiocn.<£TitE - It 18 United States Code, Section(s) 922 . 1- I é
I further that I a(n) S ecial A ent ATF, ,_-. - and that this complaint is I
based _,, C; M ,,,_, _ Official Title
on the f6£IoWin@ct§i‘ _ . 1 I - ’ -
qa
Z Z F I L E D
§_ee_ att@hed §davit
is i i Mov 2 0 2007
and -ITI3dG B pan hSl`GOf: YGS -` i ·’ - i V
-§’ Of,/'°' ""·-._C°6x"% 2
er-;,5 1 g __
·-Fg)- _t_3·y· }CZ- J _
@72,% _, ,;..:3 g p Special Agent, ATF
1%-% { ` J': * ,_-§
e 3;-,,___,w_,,a--fvgeg
Sworn to scribed in my presence,
`SIO Gt
€>\r€zm - 0 at 30 Wilmin ton DE _
Date A City and State
Honorable Terry Smith I g i _ 5 " ,
Justice of the Peace l\/la istrate L! . 2 ,.4$1n.•..!- ·
Name & Title of Judicial Officer Sig - re of Judicial- Officer -

_ _ - Case 1 :07-mj—OO233—UNA Document 2 Filed 11/26/2007 Page 2 of 3
AFFIDAVIT OF: PAUL D. GEMMATO
F1. Your affiant is a special Agent .Your affiant has been a law enforcement officer for I
over 18 years with the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). During that time,
I my duties have included the investigation of federal and state firearms offenses. During the
course of your afliant’s law enforcement career, your affiant has received law enforcement
training on the investigation of firearms offenses on numerous occasions. During the course of
· your affiant’s law enforcement career, your afliant has participated in numerous seizures of ·
firearms and over a hundred investigations of firearms offenses, as well as numerous
conversations about the facts and circumstances of firearms offenses with the investigating
ofhcers of those firearms offenses.
2. Unless otherwise stated, the information in this affidavit is based upon your afliant’s
personal knowledge. I
3. The seizure of all the below stated evidence occurred on November 24, 2007, in the
City of Wilmington, State and District of Delaware, as stated to me by a Wilmington Police —
Officers with personal knowledge of the seizure ofthe below items]. One Davis, Model P-32, 32-
. I caliber pistol, loaded with a magazine containing 5 .32 caliber rounds.
4. Your affrant reviewed the computer criminal history information for the Defendant
i` " from the Delaware Justice Information System (DEL] IS) and the National Crime Information
_ - Center (N CIC) and learned that the defendant has a prior felony conviction for Possession of a
I Firearm During the Commission of a Felony on or about 8/11/2004 in the Superior Court ofthe
State of Delaware, a crime punishable by imprisomnent for a term exceeding one year. I
5. On 11/24/07, two Wilmington Police Officers were on duty at the Riverfront Arts
Center, Wilmington, DE. The two officers were assigned to work security for the-front entrance
of the Arts Center. During their shift, both officers observed an individual (later identified as I
Jarrod Williams, B/M, DOB who was being removed from the premises. After being
` removed, Williams made a few attempts to re-enter the premises, but was denied access. During E
. one of these attempts to re—enter the premises, Williams threatened to shoot the security
employee and possibly one of the Wilmington Police Officers. Williams again returned to the
front of the Arts Center, and as he approached the entry doors, the two Wilmington Police I
Officers began walking towards him. Upon seeing the officers walking in his direction, Williams
then turned around and began walking away. At that time, the security officer who Williams had i
earlier threatened, advised the police officers that Williams had a firearm in his right dont I
pocket. The Wilmington Police Officers then approached Williams and detained him for officer I
safety/investigative purposes. One of the police officers then asked Williams if "he had anything `
on him." Williams then stated, "l got a heater," which the officers interpreted to mean, in light of I
their training and experience, that he was in possession of a firearm. At that time, one of the I
officers felt Williams’ right front pants pocket and immediately recognized that he had a firearm I
in that location. The firearm was then taken into custody and Williams was arrested. I
I
I

‘ Case 1 :07-mj—OO233—UNA Document 2 Filed 11/26/2007 Page 3 of 3
-2- _
6. From 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 - mentioned firearm was manufactured in a state other than Delaware such that its
possession in Delaware 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.
7. Your afliant leamed hom a Wilmington Police Officers that who has personal
knowledge of the facts stated below that the ftrearm appeared to be capable of expelling a E
projectile by action of an explosive. ·
Wherefore, based upon your affiant’s training and experience, your affiant E
believes thatthere is probable cause to believe that the defendant violated 18 U.S.C. 922(g) and i
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.
géaul D. Gemmato
_ Special Agent, ATF
Sworn to and subscribed in my presence
this 24 day of November 2007
C
“ F l , 14/0 M • "‘$O
- ._ jx.-_ I Aun s six , 4 ‘ e EO ga.
Honorable rry Smith E (0 ; Ya" y EC §
Justice ofthe Peace Magi fi E2 gf
I?. "*¢`]*i“·,Z·` if ::2
4 -'•' lu .
- % ® .°'"·••-•••""°·· bl
4* 47Eg ¤F\.F*"`i.-
q%""!|l:u:pn1•\0**°*`} f U-

Case 1:07-mj-00233-UNA

Document 2

Filed 11/26/2007

Page 1 of 3

Case 1:07-mj-00233-UNA

Document 2

Filed 11/26/2007

Page 2 of 3

Case 1:07-mj-00233-UNA

Document 2

Filed 11/26/2007

Page 3 of 3