Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr-00102-GIVIS Document 1 Filed 07/06/2007 Page 1 of 4
AO 91 (Rev. 12/93) Criminal Complaint E
i In United States District Court
For the District of Delaware
I UNITED STATES OF AMERICA I
Criminal Complaint I
v.
CASE NLLVIBER: 07- mf m _
ARTHUR DAVIS,
Defendant
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 JULY 5, 2007 in the District of Delaware, Defendant ARTHUR DAVIS did
knowingly possess in and affecting interstate and foreign commerce, a firearm, after having been convicted of a felony
crime punishable by imprisonment for a tenn exceeding one year,
in violation of Title 18 United States Code, Section(s) 922{ gpg l [ and 924{a){2 Q.
I further state that I ain a(n) Special Agent, ATF and that this complaint is based
Official Title
j on the following facts:
I
SE attached Affidavit -
Continued o h tta e s et d e a part hereof: Yes ' A
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E Special Agent, ATF
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3 Sworn to before me and subscribed in my presence,
‘ July 6, 2007 at Wilmington, DE
Date ` City and State
5 Honorable Gregory M. Sleet `
Chief United States District Judge _
Name & Title of Judicial Officer Signa e of Judicial Officer .

Case 1:07-cr-00102-GIVIS Document 1 Filed 07/06/2007 Page 2 of 4
Honcr ble Ju§ge I S L; K \
United States District Court
Judicial District 0fDe1aware

Case 1:07-cr-00102-GIVIS Document 1 Filed 07/06/2007 Page 3 of 4
AFFIDAVIT OF SPECIAL AGENT TAT SHUM
l. Your affiant is Special Agent Tat S. Shum. Your affiant has been a law enforcement
officer for over seven 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 Professional Training Course. Prior to my employment
with ATF, your affiant was employed by the Pemrsylvania State Attorney’s Office as a State
Narcotics Agent who had previously received training and conducted investigations involving the
illegal use of firearms. Your affiant was also previously employed by the First Judicial District
of Permsylvania, Corrnnon Pleas and Municipal Courts, as a warrant unit investigator for the
County of Philadelphia. During the course of my law enforcement career, I have participated in
over 100 seizures of firearms and conducted over 150 criminal investigations involving federal
firearms violations.
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 July 5, 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 aftiant reviewed the computer criminal history information of the Defendant Arthur
DAVIS from the Delaware Justice Information System (DELJIS) and the National Crime
Information Center (N CIC) and learned that the defendant has a prior felony conviction for
Carrying a Concealed Deadly Weapon on or about 5/ 14/07 in the Superior Court of the State of
Delaware, a crime 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: On July 5, 2007, based on a 911 call to WILCOM
(police dispatcher), Wilmington Police responded to a gun shots complaint at a certain location
in the city of Wilmington. Wilmington Police observed four subjects matching the description
that was provided by WILCOM (police dispatcher) and advised them to stop at which time the
Defendant Davis and a state co—defendant fled into a nearby home. Wilmington Police observed
both Defendant Davis and the state defendant grab an unknown item in each of their waistbands
that is consistent with that of persons attempting to hide or possess illegal firearms while they
were running into the residence. The Wilmington Police gave chase but was unable to make
access to the residence due to the fact that the door was locked. The Wilmington Police then
observed both subjects flee from the rear of the residence. The state defendant was immediately
taken into custody outside the house at the scene and Defendant Davis was arrested in the nearby

Case 1:07-cr-00102-GIVIS Document 1 Filed 07/06/2007 Page 4 of 4
area shortly after with the assistance of the Wilmington Police K-9 unit. Wilmington Police then
made contact with the owner of the residence where both subjects had entered and confirmed that
neither the Defendant Davis or the state defendant resides at the location. The Wilmington
Police were granted a consent search by the owner and subsequently recovered a Colt, .32 caliber
pistol, serial number 306118 that was loaded with two rounds of .32 caliber ammunition and a
Colt, .38 caliber revolver, serial number RD43 75 that was loaded with six rounds of spent
casings. During a post mirandized interview, Defendant Davis told Wilmington Police that he
had the Colt, .32 caliber pistol in his possession during the incident and he witnessed the state
defendant fire approximately six times at a car with another handgun. The state defendant was
charged in the state because he is not a federally prohibited person.
6. Based on the information provided by the Wilmington Police Evidence Unit officer who
conducted a hands-on inspection on the above Colt .32 caliber pistol, your affiant knows that the
subject weapon 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. The Wilmington Police Evidence Unit Officer confirmed that the words Hartford,
CT were engraved on the subject firearm. Your affiant knows that, based upon that engraving
mark on the subject firearm, the subject firearm was manufactured in the State of Connecticut.
7. From information provided to me by Wilmington Police Officers, Defendant Davis was
cooperative and willing to speak to the police investigators. Your affiant also interviewed
Defendant Davis and re-advised of his Miranda rights in the present of a Wilmington Police
Officer. Defendant Davis waived his Miranda rights and signed an ATF Advice of Rights and
Wavier form. During the interview, Defendant Davis re-admitted to his possession of the Colt
.32 caliber pistol during the incident. He told the affiant that he fled the scene due to the fact that
he was afraid as he is on probation and he had the firearm in possession at the time of the
incident.
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 reque s that the Court issue a Criminal Complaint charging
that offense. `
Tat Shtun
Special Agent, ATF
Sworn to and subscribed in my presence __.·
this 6th day of July, 2007