Free Redacted Document - District Court of Delaware - Delaware

Case 1 ;07—cr-00074-GIVIS Document 4 Filed 06/05/2007 Page 1 of 3 ~
l IN THE UNITED STATES DISTRICT COURT
_ FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, 1
Plaintiff, I
v. n Criminal Action No. 07- ri Ll » Q M px
ELVIN G. DEMPSEY, JR. 7 l ;
. Defendant. lg lbyfl .
U MLS -r·~·..i - tt iii
INDICTMENT
i The Grand Jury for the District of Delaware charges that:
COUNT I
On or about May 08, 2007, in the State and District of Delaware, ELVIN G. DEMPSEY,
I R., defendant herein, did knowingly possess with intent to distribute Heroin, a Schedule I
I controlled substance, in violation of 2l U.S.C. § 84l(a)(1) and (b)(l)(C). ‘ '
p COUNT II - _ ·
On or about May 08, 2007, in the State and District of Delaware, ELVIN G. DEMZPSEY,
JR., defendant herein, during and in relation to a drug trafficking crime for which he may be 7
prosecuted in a court of the United States (to wit, the knowing possession with intent to distribute
I Heroin, as set forth in Count I of this Indictment and incorporated by reference as if fully set
forth herein), knowingly carried a firearm, to wit, a Taurus, Model PT22, .22 caliber pistol, serial
number AYG637960, and knowingly possessed said firearm in furtherance of said drug
. trafficking crime, all in violation of 18 U.S.C. § 924(c)(l)(A). ` _
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... ., . . . .. 7

I Case 1 :07-cr-00074-GIVIS Document 4 Filed 06/05/2007 Page 2 of 3 " ·
9 V COUNT III
On or about May 08, 2007, in the State and District of Delaware, ELVIN G. DEMPSEY,
JR., defendant herein, having been convicted of a crime punishable by a term of imprisonment
exceeding one year, to wit, a conviction on or about September 14, 1999, in the Superior Court in
and for New Castle County for the State of Delaware, did knowingly possess a firearm in and
affecting interstate commerce, to wit, a Taurus, Model PT22, .22 caliber pistol, serial number
AYG637960, all in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2). 9
NOTICE OF FORFEITURE ‘
9 Upon conviction of the controlled substance offense alleged in Count I of this Indictment,
- ELVIN G. DEMPSEY, JR., defendant herein, shall forfeit to the United States pursuant to 2l I
U.S.C. § 853, any property constituting or derived from proceeds obtained, directly or indirectly,
as a result-of said violation, and any property used, or intended to be used, in any manner or part n
to commit, or to facilitate the commission 0tQ said violation. (
Upon conviction of the tireamis offenses alleged in Counts H and Il] of this Indictment,
ELVIN G. DEMPSEY, JR., defendant herein, shall forfeit to the United Statesinpursuant to 18
9 U.S.C. § 924(cl) and 28 U.S.C. § 2461(c) any firearm involved or used in the commission of said
` offenses. n _
If any of the above-described forfeitable property, as a result of any act or omission of the
9 defendant: e l
(1) _ carmot be located upon the exercise of due diligence; l
(2) has been transferred or sold to, or deposited with, a third party; n `
(3) has been placed beyond the jurisdiction of the court; A
2 .

L Case 1:Q7—cr-00074-GIVIS Document 4 Filed 06/05/2007 Page 3 of 3 i ·
n _ (4) has been substantially diminished in value; or
, (5) _ has been comrningled with other property which cannot be divided without
difficulty; -
it is the intent of the United States, pursuant to 21 U.S.C. § 853(p), to seek forfeiture of any
other property of said defendant up to the value of the forfeitable property described above.
A TRUE{BH.LZ~
. Foreperson H rs -
COLM F. CONNOLLY
United States Attorney
SR { s · U
_ BY: . p .;.€0;
· n_Martyniak b Q -
Special Assistant United ` l = Attorney
Dated: June 5, 2007