Free Complaint - District Court of Delaware - Delaware

Case 1:07-mj-00122-IVIPT Document 1 Filed 07/11/2007 Page 1 of 3
AG 91 (Rev. 12/93) Criminal Complaint IQ]
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 07- Y 2.2 P4
DAYWON DRUMMOND,
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 10, 2007 in the District of Delaware, Defendant DAYWON DRUMMOND 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 term exceeding one year,
in violation of Title 18 United States Code, Section(s) 922g gl; ll and 924g al[23.
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts: l‘ii ""‘
S; attached Affidavit _ in hnlll _ A N
JUL °li;‘l 2007
’ *tr·r · ~ e ·/rr·
Continued on the attached sheet and inade a part hereof: Yes g .,.-.-r -.r,,.. {
David DiBetta
Special Agent, ATF
Sworn to before me and subscribed in my presence,
July ll, 2007 at Wilmington, DE
Date City and State
Honorable Mary Pat Thyngg I
United States Ma istrate Jud e __ J -··‘ “ _ JL ____
Name & Title of Judicial Officer Signature 0 di ial Officer

Case 1:07-mj-00122-IVIPT Document 1 Filed 07/11/2007 Page 2 of 3
AFFIDAVIT OF SPECIAL AGENT DAVID M. DIBETTA
l. Your affiant is Special Agent David M. DiBetta. 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 250 cases involving firearms violations. I have participated in the
seizures of approximately 900 firearms and the seizures of approximately 25,000 rounds of
ammunition.
2. Unless otherwise stated, the information in this affidavit is based upon your affiant’s
personal knowledge and information provided by one or more Wilmington Probation and Parole
and Wilmington Police Officers with personal knowledge of the facts.
3. The seizure of all the below stated evidence occurred on July 10, 2007, in the City of
Wilmington, State and District of Delaware, as related to me by one or more Wilmington
Probation and Parole with personal knowledge of the seizure of the below items.
4. Your affiant reviewed the computer criminal history information for the Defendant Daywon
D. Drummond from the Delaware Justice Information System (DELJIS) and leamed that the
defendant has prior felony convictions for possession of a weapon with a removed, obliterated or
altered serial number and conspiracy second degree from on or about June 12, 2007, in the
Superior Court of the State of Delaware, both are felony crimes punishable by imprisonment for
a term exceeding one year.
5. I was informed of the following by a Delaware State Probation and Parole Officer with
personal knowledge of the facts. On 7/10/07, that probation and parole officer and another state
probation officer conducted a home visit of the Wilmington, Delaware residence of the
defendant Daywon Drummond (hereinafter "Drummond"). Drummond’s grandmother answered
the door of the residence and called Drummond to the lst floor from the 2“d‘ The officers asked
to see his room. These officers followed Drummond to his bedroom in the northeast corner of
the 2nd floor. The room was small and cluttered. Upon entering the bedroom, Drummond’s body
language changed. He wou1dn’t make eye contact with the officers when asked about the
contents of the room and if there were any prohibited or illegal items present. Drummond was
patted down for officer safety. When asked again if there were any weapons in the room,
Drummond freely stated that there was a shotgun beside his bed. Once the shotgun was
discovered Drummond stated that the firearm was his grandfathers. Drummond was then
handcuffed for officer safety by one of the probation officers. One of the probation officers
located the shotgun next to offender’s bed. A State Probation supervisor was contacted and

Case 1:07-mj-00122-IVIPT Document 1 Filed 07/11/2007 Page 3 of 3
approved an administrative search of the defendant’s home and vehicle. During that search, a
probation officer saw mail addressed to Drummond in plain sight on a dresser on the left
immediately upon entering the bedroom. Drummond stated that he’d been living at the home
since April. A probation officer located a black duffle bag in the closet ofthe room with
numerous DVD’s to which Drummond claimed ownership.
6. From training and experience, 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 and/or foreign
commerce.
7. A Wilmington Police officer who observed the above seized firearm contacted your affiant
and described the firearm to your affiant. Based upon that description and your affiant’s
training and experience, your affiant believes that the above-mentioned shotgun is a firearm
under federal law.
Vlfherefore, 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.
- _ . ..., s
Q A slain-.,
David M. lDiBet1;a
Special Agent, ATF
Sworn to and subscribed in my presence
This day of ·-V} 2007
_ " i ·_ * ·‘ Pat T gg
States Magistrate Judge
District of Delaware