Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr-00068-JJF Document 1 Filed O4/25/2007 Page 1 of 3 ’
A0 91 (Rev. 12/93) Criminal Complaint O
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v. /_
CASE NUMBER. 07- ¢MFf"’
WADE GRAY,
Defendant.
I, the undersigned complainant, being duly swom, state the following is true and correct to the best of my
knowledge and belief On or about April 24 , 2007 in the District of Delaware, Defendant WADE GRAY did
knowingly possess in and affecting interstate commerce, a firearm, after having been convicted of a felony crime
punishable by imprisonment for a term exceeding one year, A
in violation of Title 18 United States Code, Section(s) 922; g); l ) and 924ga)g2).
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
E attached Affidavit
Continued on the attached sheet and made a part hereof: Yes

Veronica nat
Special Agent, ATF
Sworn to before me and subscribed in my presence,
April 25, 2007 at Wilmington, DE
Date City and State N ..._ _,_p`
Honorable Mary Pat Thynge
United States Magistrate Judge ,_,V4p 4 ,J;,
Name & Title of Judicial Officer `gnature of Judicial fl é'

Case 1 :07-cr-00068-JJF Document 1 Filed O4/25/2007 Page 2 of 3
I, Veronica M. Hnat, being duly swom, state as follows:
l. Your Affiant is a Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) and has been so employed for over seventeen years. During that time,
Your Affiant’s duties have included the investigation of firearms offenses at both the state
and federal levels. Your Affiant is currently assigned to the Operation Disarm Task Force
and has been so assigned since October, 2003. The primary focus of the Operation Disarm
Task Force is the investigation of federal and state firearms offenses. During the course of
Your Affiant’s law enforcement career, Your Affiant has received law enforcement training
on the investigation of firearms offenses on over fifty occasions. Your Affiant has
participated in over one hundred investigations of firearms offenses and participated in the
seizure of over fifty firearms. Your Affiant has also had over one hundred conversations with
police officers and federal agents about the facts and circumstances of firearms offenses.
Your Affiant has been employed as a law enforcement officer in various capacities since
l 989.
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 April 24, 2007, in the City of
Wilmington, State and District of Delaware, as stated to Your Affiant by a Wilmington
Police Department (WPD) detective (hereinafter, "Detective l") who has personal knowledge
of the stated facts, has been employed as a WPD officer for approximately l0 years, and has
made numerous arrests for firearms violations. Detective l advised Your Affiant of the
information in paragraphs 3-6 of this affidavit.
4. On April 24, 2007, at approximately l200 hours, Detective lwas investigating a shooting that
occurred on April 2l, 2007, in the area of Elm and South Van Buren Streets, Wilmington,
Delaware. On April 24, 2007, Detective l and another WPD detective went to the area of
Elm and South Van Buren to try and identify the shooters. While in the area, Detective l
noticed three individuals on Elm and South Van Buren Streets. Once the three individuals
saw the car in which the WPD detectives were riding, they started to walk away and the
group split up. The WPD detectives walked up to the defendant, WADE GRAY, who was
one of the individuals that was heading South on Van Buren, and identified themselves as
WPD detectives. At this point, the defendant started to run away from the detectives.
5. A short foot pursuit ensued and the defendant was apprehended in the rear yard of a residence
in the 400 block of South Van Buren, Wilmington, Delaware. The defendant stated that he
dumped a gun in the alley and he wanted to talk. Detective l recovered a firearm — an Armi
Tanfoglio Giuseppe, Model 27, .25 caliber pistol, serial number MK2l590, which was not
loaded (hereinafter, the "seized firearm") — from the area the defendant described.
6. The defendant was transported back to the WPD station. Detective l read Miranda warnings
to the defendant and the defendant waived his rights. Among other things, the defendant

Case 1 :07-cr-00068-JJF Document 1 Filed O4/25/2007 Page 3 of 3
essentially stated to Detective 1 that he ran from the police because he had a gun, which he
described as a .25 caliber.
7. Your Affiant reviewed the computer criminal history information for the defendant from the
National Crime Information Center (NCIC) and learned that the defendant has a prior felony
conviction for Felon in Possession of a Firearm from on or about January 11, 2007, in the
Halifax County Superior Court for the State of North Carolina, a crime punishable by
imprisonment for a term exceeding one year.
8. From Your Affiant’s training and experience, and from prior discussions with ATF agents
who are expertly trained and experienced in determining the interstate nexus of firearms,
Your Affiant knows that the seized firearm was manufactured in a state other than Delaware
and, therefore, that its possession in Delaware necessarily required it previously crossed state.
Accordingly, Your Affiant believes that possession of the seized firearm in Delaware affected
interstate commerce. p
9. Your Affiant inspected the seized firearm. Based upon Your affiant’s training and
experience, your affiant submits that there is probable cause to believe that the above-
mentioned seized firearm contained the frame and receiver of a firearm, and that the firearm
appeared to be capable of expelling a projectile by action of an explosive.
10. 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 commerce a firearm, after having
previously been convicted of a felony, and respectfully requests that the Court issue a
Criminal Complaint charging that offense.
Veronica M. Hnat Z
Special Agent, ATF
Sworn to and subscribed in my presence
•‘.iJLi •
Y!44 (__
' onorab e Mary Pat Th "
{ United tates Magistrate Judge
‘‘··- · of Delaware