Free Complaint - District Court of Delaware - Delaware

Case 1:07-mj-00117 Document 1 Filed 06/26/2007 Page 1 of 4
AO 91 (Rev. E2/93) Criminal C0mplaint_ I
In United States District Court
For the District of Delaware
UNITED STATES OF AMER CA _ F | |_ E [)
iminal Complaint
V. `
I \ JUN 26 ggg] 5 C SE NUMBER: 07- if 7I"'l
Percy A. Skinner C CO RT -
. . Till T ll
Defendant Eigéggfpi DELAWARE
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 June 26, 2007 in the District of Delaware, Defendant Percy A. Skinner
I did knowingly: _
1) possess in and affecting .interstate and or foreign commerce, a firearm, after having been convicted on or
about April 26, 2007 for Conspiracy Second Degree, Agreement to Aid Another Felony! Overt Act a Felony G
in the Delaware Code and on or about December 27, 2005 for Conspiracy Second Degree, Agreement to
Engage in Felony Criminal Co_nduct also a Felony G in the Delaware Code in Superior Court in and for New
Castle, in the state of Delaware, and they are crimes 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);
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:
Sig attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
i . · 5/il TPITF
I S ott C. Curley . ‘
S Special Agent, ATF
Sworn to before me and subscribed in my presence, .
Z J ?’ at Wilmington, DE
Date City and St - · A _
HOITOVBDIG MSW PBI Tl"|y[‘|g€ {_
United States Magistrate Judge __ .
Name S Title of Judicial oriicai ature of Judi iiicei

Case 1:07-mj-00117 Document 1 Filed 06/26/2007 Page 2 of 4
AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT
AGAINST ANTIONE L. PATRICK 7
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
state firearms offenses. Your Affiant has previously been a police officer and later police g
detective with the Pittsburgh Pennsylvania Bureau of Police from February 1992 to 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 1997 to
June 1999. During the course of your affiant’s law enforcement career, your affiant has received
law enforcement training on the investigation of firearms offenses on numerous occasions.
During the course of your affiant’s law enforcement career, your affiant has participated in the i
seizure of over seven hundred firearms and has conducted numerous investigations of firearms
offenses, as well as numerous conversations about the facts and circumstances of firearms
offenses with the investigating officers of those firearms offenses.
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 June 26, 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, Percy
. A. Skinner ("Skinner") from the Delaware Justice information System (DELJ IS) and learned
that the defendant has a prior felony convictions on or about April 26, 2007 for Conspiracy
- Second Degree, Agreement to Aid Another Felony/ Overt Act a Felony G in the Delaware Code
and on or about December 27, 2005 for Conspiracy Second Degree, Agreement to Engage in
Felony Criminal Conduct also a Felony G in the Delaware Code, both in the Superior Court of
New Castle County in the State of Delaware, and both these are crimes punishable by _
imprisonment for a term exceeding one year.
5. Based upon information stated to me by a Wilmington, Delaware Police Detective who
has personal knowledge ofthe below facts your affiant leamed the following.
a. On June 25, 2007 Wilmington Police Detectives received a Delaware State Search
Warrant from the Justice of the Peace Court #20 for 1316 West 4m Street, Wilmington,
Delaware 19805. Wilmington Police Detectives executed this search warrant on or about .
7:00 am on June 26, 2007.

Case 1:07-mj-00117 Document 1 Filed 06/26/2007 Page 3 of 4
b. Pursuant to that search warrant, Wilmington Police Detectives entered the residence and
proceeded to secure the residence. ln the process of securing the residence investigators
forced open a bedroom door on the second floor of the residence and observed a black
male latter identified as SKJNNER and a black female later identified as Essence
Cleveland lying in bed. The Wilmington police detectives stated that they appeared to
have been startled awake by their entry into the room. Wilmington police detectives
noticed that a dark colored handgun was in the upper left corner of the bed as they stood .
facing the foot of the bed. The handgun was next to SKINNER, who was lying on his
stomach, next to his head within inches of his left hand. Your afiiant later observed that
SIGNNYER was left handed while he was filling paperwork at the Wilmington, Delaware
‘ Police Department.
c. Wilmington Police recovered the handgun identified as a Beretta Brand, model 92FS,
9mm Luger caliber, semi—automatic pistol with a loaded magazine with Remington Brand
9mm Luger arnrnunition. The serial number on the firearm had been partially obliterated
but was identified as BER21208BZ.
d. In a post Miranda statement to your affiant, Essence Cleveland statement to your affiant 1
that she had met SKlNNER· earlier that morning and that he had taken her to this
residence to spend the night. Cleveland stated that she and SKINNER had proceeded to
the bedroom. Cleveland stated to your affiant that at no time did she observe a firearm in
the bed when she went to bed. Cleveland also denied that she had any knowledge of the
firearm. l
6. I am an ATF Agent who has been expertly trained and experienced in determining the
interstate nexus of firearms and 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 firearm and
- knows that the Beretta Brand, model 92FS, 9mm Luger caliber, semi—automatic pistol, was
manufactured in a state other than Delaware such that its possession in Delaware would have
C necessarily required that the ammunition had crossed state lines prior to its possession in Delaware
and such that the possession of that firearm in Delaware would have affected interstate and/or
foreign commerce prior to it’s recovery by law enforcement. Furthermore the recovered firearm is a
firearm as defined in Title 18, United States Code {U SC), Chapter 44, Section 92l(a)(3) .
7. Your affiant personally viewed the ammunition, and knows that the "R—P 9mm
LUGER" ammunition, was manufactured in a state other 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 ammunition in Delaware would
have affected interstate and/or forgien commerce prior to it’s recovery by law enforcement.
Furthermore the recovered ammunition is ammunition as defined in Title 18, United States Code
(USC), Chapter 44, Section 921(a)(17)(A) .

Case 1:07-mj-00117 Document 1 Filed 06/26/2007 Page 4 of 4
I Vsfherefore, based upon your affiant’s training and experience, your aftiant
i 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 commerce ammunition, after having
previously been convicted of a felony crime punishable by imprisonment for a term exceeding
i one year and respectfully requests that the Court issue a Criminal Complaint charging that
offense.
”l ll
‘1 L ·· S ~ A TF
Scott Curley
Specia Agent, A F
Sworn to and subscribed in my presence
this - • •·= v i A OO7 i
no It- " ary Pa gfgt ge .
Unite r»»‘ tates Magistrate Judge g
D ,__, ` t of Delaware