Free Complaint - District Court of Delaware - Delaware

Case 1:07-mj-00151 Document 1 Filed 08/15/2007 Page 1 of 4
A0 91 (Rev. 12/93) Criminal Complaint 0
1, » In United States District Court
For the District of Delaware
UNIT ED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 07- /5/ IV]
TYRJK SPENCER, V
Defendant
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my
lcnowledge and belief. On or about Angst 14, 2007 inthe District of Delaware, Defendant TYRIK SPENCER did
knowingly possess in and affecting interstate 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; ll and 924; a)j2 l.
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts: —~——-——-—»-T_....t........,....___________N,
i- l l E 0 1
_Sg_e_ attached Affidavit “`“""`*‘(
Continued on the attached sheet and made a part hereof: Yes U»§iJ§0i*Ul' COURT
0l§i§§Q_LQE DELAWARE
i Jason Kusheba
Special Agent, ATF
Sworn to before me and subscribed in my presence,
Augystgf 2007 at Wilmington, DE
)ate City and State _ _
lonorable Mary Pat T hynge J _,_p
Jnited States Magistrate Judge p _ _ _ _..,
fame & Title of Judicial Officer l ture of Judicial if r

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I, Jason M. Kusheba, being duly sworn, state as follows:
1. I am a Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) and have been so employed for over six 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 affiant
has received law enforcement training on the investigation of firearms offenses on over fifty
occasions. Your affiant has participated in over one hundred investigations of firearms
offenses and participated in the seizure of over fifly firearms. You Affiant has also had over
one hundred conversations with police officers and Federal agents about the facts and
circumstances of firearms offenses. Your Affiant has been employed as a law enforcement
officer in various capacities since 1997.
2. The information in this affidavit is based upon your affiant’s personal knowledge and
information as stated to me by Wilmington Police Detective George Pigford.
3. The seizure of all the below stated evidence occurred on August 14, 2007, in the City of
Wilmington, State and District of Delaware, as stated to me by Wilmington Police Detective
George Pigford who has personal knowledge of the stated facts. Detective Pigford has been
employed as a Wilmington Police Officer for over S years, and had made numerous arrests
for firearms violations. Detective Pigford is currently assigned to Criminal Investigations
Division, and has been so assigned for approximately one year.
4. On or about August 14, 2007, the Wilmington Police Department (WPD) received a report
from a Hospital in Wilmington, DE, that they were treating the victim of a gunshot wound to
the foot. On or about the same date, at approximately 0600 hours, WPD Detective (Det) Ron
Mullin went to that I-Iospital to investigate this report. Upon his arrival, Det. Mullin
interviewed the gunshot victim who was identified as Tyrik Spencer. At that time, Spencer
stated that earlier that morning, while taking out the trash, two unknown males attempted to
rob him at gtur point in front of his residence, which is located in Wilmington, DE. Spencer
stated that he attempted to grab the firearm from one of the assailants, at which time it went
off into his left foot. Spencer stated that the two assailants ran off with the firearm and he
was driven to the hospital. Det. Mullin then relayed this information to Det. Pigford.
5. On or about the same date, at approximately 0700 hours, Det. Pigford went to investigate the
scene of the crime at or near Spencer’s residence. At the scene, Det. Pigford discovered a
spent 9mm shell casing and observed where it appeared that a projectile had impacted the
ground. Det. Pigford observed this in an alleyway adjacent to Spencer’s reported residence.
Det. Pigford also observed a blood trail from this area which led to a tan Mercury Cougar
parked across the street and then to a vacant parking space where the blood trail stopped.
6. On or about the same date, at approximately 0800 hours, Det. Pigford re-interviewed Spencer
regarding the alleged incident. At that time, Spencer again stated how two unknown males

Case 1:07-mj-00151 Document 1 Filed 08/15/2007 Page 3 of 4
had attempted to rob him and that one of their firearms had discharged into his foot during a
physical altercation with them. However, Spencer stated that aner the firearm went off he
was able to gain possession of it and the two unknown males ran away. Spencer then stated
that before driving himself to the hospital, he hid the firearm in the glove compartment of a
tan Mercury Cougar parked across the street fiom his residence.
7. On or about the same date, at approximately 1045 hours, Det. Pigford executed a search
warrant of the tan Mercury Cougar that was parked across the street from Spencer’s
residence. As a result of the search, Det. Pigford recovered a loaded Taurus, Model PT-111,
9mm pistol serial number TY1-126574, in Wilmington, DE.
8. On or about the same date, at approximately 1230 hours, your affiant and Det. Pigford again
interviewed Spencer at the Hospital. At that time Det. Pigford verbally advised Spencer of
his Miranda warnings. At that time, Spencer stated he understood his rights and agreed to
answer questions. Initially, Spencer stated the same set of facts as he had previously relayed
to Det. Pigford in the previous interview. However, during the course of the interview,
Spencer acknowledged he made that story up and agreed to tell the truth. Spencer then stated
that earlier that day, he was high on marijuana laced with PCP when he accidentally shot
himself in the foot. Spencer stated that he had been in possession of this firearm since
approximately Thursday of the prior week. Spencer stated that he traded 1/16 of an ounce of
crack cocaine for the firearm from an unknown male from the east side of Wilmington whose
name begins with a "W".
9. Your affiant reviewed the computer criminal history information for Spencer from the
Delaware Justice Information System (DELJIS) and the National Crime Information Center
(NCIC) and learned that the defendant has prior felony convictions for Possession of a
Destructive Weapon and Maintaining a Dwelling for Keeping Controlled Substances, from
on or about April 30, 2001 in the New Castle County Superior Court for the State of
Delaware, crimes punishable by imprisomnent for a term exceeding one year. Spencer also
has prior felony convictions for Robbery in the Second Degree and Possession of a Firearm
During the Commission of a Felony from on or about August 31, 1998 in the New Castle
County Superior Court for the State of Delaware, crimes punishable by imprisonment for a
term exceeding one year. Spencer also has a prior felony conviction for Possession with
Intent to Deliver a Schedule I Controlled Substance from on or about September 21, 1998 in
the New Castle County Superior Court for the State of Delaware, a crime punishable by
imprisonment for a term exceeding one year.
10. From you 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. As such, its possession in Delaware would have necessarily required that the
firearm had crossed state lines prior to its possession in Delaware, and thus the possession of
that firearm in Delaware affected interstate commerce.
11. Based upon your affiant’s training and experience and upon a description of the seized

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firearm by Det. Pigford, your affiant submits that there is probable cause to believe that the
above-mentioned seized firearm contained the frame and receiver of a firearm, and that the
firearm appeared to be capable of expelling a projectile by action of an explosive.
12. Wherefore, based upon your affiant’s training and experience, your affiarrt submits that there
is probable cause to believe that the defendant violated Title 18 U.S.C. Section 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 a Criminal Complaint and
arrest warrant charging that offense.
Jasoi M. Kushba
Spe ial Agent, ATF
Sworn to and subscribed in my presence
This 14th day • A . · st, 2007
`V Pat gf gl
‘ ._ =¢ States Magistrate Judge
District of Delaware