Free Complaint - District Court of Delaware - Delaware

Case 1:07-mj—OO120—MPT Document 1 Filed 07/O2/2007 Page 1 of 4
AO 91 (Rev. 12/93) Criminal Complaint _
l In United States District Court
For the District of Delaware .
UNITED STATES OF AMERICA n i
Criminal Complaint I
v. I
CASE NUMBER: 07- IZDM
Stanley Delano Lum - ~
Defendant I l
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of l
my knowledge and belief. On or about July 2, 2007 in the District of Delaware, Defendant Stanley Delano Lum
did knowingly: ‘
1) possess in and affecting interstate and/or foreign commerce, a firearm and ammunition, after having been
convicted on or about February 9, 2004, in New Castle County Delaware Superior Court, of a crime I
punishable by imprisonment for a term exceeding one year, in violation of Title 18, United States Code, ‘
Section(s) 922(g)(1) and 924(a)(2);
2) possess with intent to distribute in excess of 5 grams of cocaine base,
in violation of Title 21, United States Code, Section(s) 84‘l(a)(1) and (b)(1)(B); _ . I
3) possess a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code,
Section 924 (c).
I further state that I am a Special Agent, Bureau of Alcohol Tobacco Firearms and Explosives
and that this complaint is based on the following facts: ‘
gg attached Affidavit
ContinueE%>a4ti¤1eeatta.ched,.s?et,, made a part hereof: Yes

, tut ~ 2 mit li ' ·
,.,,, ll cott C. Curley
,.,, Sm" Ag°"" AT':
Sworn to before me and subscribed in my presence, .
, A _ .
QN at Wilmington, DE
Date City and State .
Honorable Gregory NI. Sleet
Chief United States District Court Jud e
Name & Title of Judicial Officer Signature of J dicial icer

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AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT
‘ AGAINST STANLEY DELANO LUM p
1. Your affiant is ATF Special Agent Scott C. Curley. Your affiant has been a law ‘
enforcement officer for over 5 years with the U.S. Bureau of Alcohol, Tobacco, Firearms and .
Explosives, (ATF). During that time, my duties have included the investigation of federal and I
state firearms and narcotics offenses. Your Affiant has previously been a police officer and later
police detective with the Pittsburgh Pennsylvania Bureau of Police from February 1992 to 1
September 2001. During that time I was detailed as a Federally Deputized Task Force Officer to
the Drug Enforcement Administration, (DEA) United States Department of Justice, from June E
1997 to June 1999. As a DEA Task Force Officer, your affiant has received specialized training ,
in drug law enforcement; to include the trafficking of controlled substances. During the course of
your affiant’s law enforcement career, your affiant has also received specialized law enforcement
training on the investigation of firearms and narcotics offenses on numerous occasions. During i
the course of your affiant’s law enforcement career, your affiant has participated in the seizure of _
over seven hundred firearms and has conducted numerous investigations of firearms and 1
narcotics offenses, as well as numerous conversations about the facts and circumstances of
firearms and narcotics offenses with the investigating officers of those fireanns and narcotics
offenses. E
2. Unless otherwise stated, the infonnation in this affidavit is based upon your affiant’s
personal knowledge.
3. The seizure of all the below stated evidence occurred on July 2, 2007, in the City of
Wilmington, State and District of Delaware, as stated to your affiant by Wilmington Police
Detectives with personal knowledge of the seizure of the below items.
4. Your affiant reviewed the computer criminal history information for the Defendant,
STANLEY DELANO LUM from the Delaware Justice Information System (DELJ IS) and
learned that the defendant has a prior felony conviction on or about February 9, 2004 for Attempt
to Conrrnit a Crime, a felony E, in the Superior Court for New Castle County, in and for the
State of Delaware, and this conviction is for a crime punishable by imprisomnent for a term
exceeding one year.
5. Based upon information stated to me by a Wilmington, Delaware Police Detective who
has personal knowledge of the below facts your affiant learned the following.
a. On June 30, 2007, Wilmington Police Detectives applied for and received a Delaware
State issued search warrant for a specified address in Wilmington, Delaware, 19802, from
the Justice ofthe Peace, Court 20, located in the city of Wilmington Delaware.
b. On July 2, 2007, Wilmington Police Detectives executed the Delaware State issued
search warrant on that address in Wilmington, Delaware, 19802.

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c. Pursuant to that search warrant, Wilmington Police Detectives located the defendant
STANLEY DELANO LUMB in the middle second floor bedroom. Wilmington Police _
Detectives recovered the following in the middle second floor bedroom:
• one small zip lock baggie with a green plant like substance from the bed were l
LUM had been sleeping, believed to be marijuana by the Wilmington police Detectives.
• a clear plastic baggie containing 23 smaller knotted plastic baggie comers that
each contained an off white chunky substance, believed to be cocaine base by the
Wilmington Police Detectives was located in the dresser in the bed room. Wilmington
Police Detectives weighed this at approximately 5 gross grams Detectives also recovered y
a ceramic plate with suspected cocaine base residue razor blades and small green and
white plastic baggies, common paraphernalia for the distribution of illegal drugs as well
as two identification cards for the defendant STANLEY LUM, one a Delaware State
issued identification card and the other a Delaware State issued Department of l
Corrections card from this same drawer. ?
• A loaded Harrington and Richardson brand, model 732, six shot, .32 Smith and
Wesson caliber, revolver was located along with a box for 50 rounds of Remington brand
.32 S&W rounds. The box only contained a total of 43 roturds. These items were 3
recovered by Wilmington Police Detectives from shaving kit that was on top of a totes i
styled container next to the bed, near the dresser. _
• Wilmington police Detectives also located inside of a coat hanging on the closet
door in that room another clear plastic sandwich baggie with an off white chunky p
substance, also believed to be cocaine base. Wilmington police Detectives weighed this at
approximately 10 gross grams, bringing the total to approximately 15 gross grams of K
suspected cocaine based recovered from the room.
d. The suspected controlled substances were field tested by Wilmington Police Detectives i
for their respective illegal dings and all presumptive tests yielded a positive result for the 1
respective illegal drugs referenced in sub paragraph "c". Furthermore, your affiant
believes based upon the lack of paraphernalia commonly used for the introduction of ‘
controlled substances into the body, the quantity and packaging of the illegal drugs, and
the packaging and distribution equipment located in the dresser drawer, and his training ~
and prior experience that LUM was distributing the controlled substances. ,
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e. In a post Miranda statement, LUM made a taped confession to your affi-ant to being a ?
convicted felon, the possession of the firearm, ammunition and illegal narcotics recovered g
in the second floor middle bedroom. LUM admitted to selling drugs since December of i
2006 for extra money. LUM admitted to distributing approximately "an eight ball"
approximately 1/8 of an ounce, or 3.5 grams a week in "Dimes" at $10.00 piece which is
approximately .10 to .20 grams of cocaine base and profited approximately $150.00 per A
week. LUM ftuther admitted that he possessed the firearm as protection. LW admitted i
that he kept the gun because he was afraid that he might be robbed because of his sale of r

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illegal drugs, citing personal, past knowledge of such events.
6. I am an ATF Agent who has been expertly trained and experienced in determining the interstate
nexus of firearms, and have been admitted as such in the United States District Court in and for the ;
District of Delaware. Your affiant personally viewed the firearm and knows that the Harrington and :
Richardson, model 732, six shot, .32 Smith & Wesson caliber revolver was manufactured in a state
other than Delaware such that its possession in Delaware would have necessarily required that the y
firearm had crossed state lines prior to its possession in Delaware and such that the possession of that
fireann in Delaware affected interstate and/or foreign commerce prior to its recovery by law 2
enforcement in Delaware. Furthermore the recovered firearm is a firearm as defined in Title 18, . _
United States Code (USC), Chapter 44, Section 921(a)(3).
7. I am an ATF Agent who has been expertly trained and experienced in determining the i
interstate nexus of ammunition, and have been admitted as such in the United States District Court in
and for the District of Delaware. Your affiant personally viewed the ammunition and knows that the
.32 Smith & Wesson caliber ammunition, marked R-P 32 S&W was manufactured in a state other I
than Delaware such that its possession in Delaware would have necessarily required that the
ammunition had crossed state lines prior to its possession in Delaware and such that the possession ‘
of that ammtmition in Delaware affected interstate and/or foreign commerce prior to its recovery by- g
law enforcement in Delaware. Furthermore the recovered ammtmition is ammunition as defined in
Title 18, United States Code (U SC), Chapter 44, Section 92l(a)(l 7)(A) . I
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)( 1) i
and 924(a)(2) by possessing in and affecting interstate and/or foreign commerce a firearm and
ammunition, after having previously been convicted of a felony crime punishable by i
imprisonment for a term exceeding one year and 21 USC 84l(a)(1)and(b)(1)(B) relating to
possession with intent to distribute controlled substances, namely cocaine base in excess of 5
gram and possession of a firearm in furtherance of a drug trafficking crime in violation of 18 i
U.S.C. 924 (c) and respectfully requests that the Court issue a Criminal Complaint charging
those offenses. 5
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{ {il lirdérir ~s/thiérf I
Scott . Curley
Special Agent, ATF
Sworn to and subscribed in my presence f
this 2 day of July, 2007 ¥
l
Hono able egory M. Slee r
Chief United States District Court Judge i
District of Delaware i