Free Complaint (Sealed) - District Court of Delaware - Delaware

Case 1:07-cr-00112-GIVIS Document 1 Filed 08/22/2007 Page 1 of 3
AO 91 (Rev. ’|2/93) Criminal Complaint O f
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 07- \‘5 3 M
THOMAS RIVERS, -
Defendant.
1, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my
knowledge and belief. On or about August 21, 2007 in the District of Delaware, Defendant THOMAS RIVERS did:
(1) knowingly possess in and affecting interstate and foreign commerce, a firearm, after having been convicted of a
felony crime punishable by imprisonment for a term exceeding one year, in violation of Title 18, United States Code,
Section(s) 922{ gl; 1 [ and 924gapg2).
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
E attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
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! il i i. E D /‘f`-’· < fl] W A
1 l l ”’/ { {Kaye;
J ” Diane Iardel a
1 Us miaiglis Semi Agent ATF
i 0*5** ..__ El
Swom to efore me and subscribed in my presence,
Augst 22, 2007 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge X. _
United States Magistrate Judge $,··.{. {4,,,,;,;,
Name & Title of Judicial Officer ignature • fludicial Office / l

Case 1 :07-cr-00112-GIVIS Document 1 Filed 08/22/2007 Page 2 of 3
AF FIDAVIT OF SPECIAL AGENT DIANE M. IARDELLA
1. Your affiant is Special Agent Diane M. Iardella. Your affiant has been a law
enforcement officer for over 19 years with the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF). As part of my duties, responsibilities and training, and in the course of my
investigative experience, I have become familiar with the statutes, rules and regulations, policies
and procedures, relating to the Bureau of Alcohol, Tobacco, Firearms and Explosives, including
but not limited to the possession of firearms by persons prohibited, and other laws enforced by
the Bureau of Alcohol, Tobacco, Firearms and Explosives. I am a graduate of the Federal Law
Enforcement Training Center, Glynco, GA, Criminal Investigation Course and the Bureau of
Alcohol, Tobacco and Firearms New Agent Training Course. I have been involved in the
investigation of approximately 200 cases involving firearms violations. I have participated in the
seizures of approximately 800 firearms and the seizures of approximately 20,000 rounds of
ammunition. I have previously qualified as an expert witness regarding the identification,
origin and classification of firearms in the U.S. District Court for the District of Delaware.
2. Unless otherwise stated, the information in this affidavit is based upon your affiant’s
personal knowledge.
3. The seizure of all the below stated evidence occurred on August 21, 2007, in the City of
Wilmington, State and District of Delaware, as stated to me by one or more Wilmington Police
Officers with personal knowledge of the seizure of the below items.
4. Your affiant reviewed the computer criminal history information for the Defendant,
Thomas Rivers, from the Delaware Justice Information System (DELJIS) and leamed that the
defendant has a prior felony conviction for Possession of a Deadly Weapon (Firearm) By Person
Prohibited from on or about 10/23/06 in the Superior Court of the State of Delaware, a crime
punishable by imprisonment for a term exceeding one year. Your affiant also leamed from those
DEL] IS computer checks that the defendant has prior felony convictions for Burglary 3rd Degree
and Possession With Intent to Deliver A Non-Narcotic Schedule I Controlled Substance in 2006
in Superior Court of the State of Delaware, crimes punishable by imprisonment for a term
exceeding one year.
5. As stated to me by one or more Wilmington Police Officers with personal knowledge of
the above facts, I learned the following. While on surveillance in a certain location in the city of
Wilmington, Wilmington Police officers observed Thomas Rivers approaching an individual
standing on a corner. The officer knew Rivers to be a felon from a prior firearms conviction and
on probation. The officers observed Rivers grabbing his right side waistband. Rivers saw the
officers and started to walk away holding his right side. The officers attempted to conduct a
pedestrian stop and Rivers starting running away. While an officer pursued Rivers on foot, the
officer observed Rivers take a gun out with his right hand and throw it up in the air. The officer
observed the gun land on the ground which he picked up and continue to pursue Rivers. Other
officers were attempting to take Rivers into custody and tried to get his hands behind his back but
Rivers continued to resist. At this time the officer used a taser gun on Rivers to subdue him.

Case 1 :07-cr-00112-GIVIS Document 1 Filed 08/22/2007 Page 3 of 3
Rivers was taken into custody. Rivers received a laceration to his face and was transported to the
hospital. The firearm taken into custody by the officer was a Glock .40 caliber pistol loaded with
one round in the chamber and fourteen in the magazine.
6. From training and experience and based upon information provided by a Wilmington Police
officer who personally saw the above firearm, your affiant knows that the above — mentioned
firearm is a firearm as defined in 18 USC, Chapter 44, Section 921(a)(3) and 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 and/or foreign commerce.
7. From information provided to me by one or more Wilmington Police Officers with
personal knowledge of the below facts, your affiant learned that prior to treatment at the hospital
the defendant was advised of his Miranda rights by a Wilmington Police Officer and the
defendant essentially stated that he understand his rights and voluntarily waived his Miranda
rights. Following the waiver of his Miranda rights, the defendant voluntarily essentially told the
Wilmington Police, among other things, that he possessed the seized fireann and that the
individual on the corner with him had a gun. Rivers stated that he and the individual were
"beefing" and he went up to confront him. He stated that he had purchased the gun on the street
for $450.00.
Wherefore, based upon your affiant’s training and experience, your affiant
believes that there is probable cause to believe that the defendant violated 18 U.S.C. 922(g) and
924(a)(2) by possessing in and affecting interstate and/or foreign 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.
p/fl? L2/fr , / azz
Diane M. Iardella l , ’
Special Agent, ATF
Swom to and subscribed in my presence
this li day of 2007
‘ . A——,·- ..¢
Ho @’ e Mary Pat { _.... · ge
Unit • States Magistrate Judge
District of Delaware

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