Free Complaint - District Court of Delaware - Delaware

. Case 1:O7—mj-OO076—IV|PT Document 1 Filed O4/23/2007 Page 1 of 4
A0 91 (Rev. 12/93) Criminal Complaint E
- I
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUl\/[BER: 07- 7 (0M_ Mp-I"
AARON L. HURTT,
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 April 22, 2007 in the District of Delaware, Defendant AARON L. HURTT did:
(1) 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, in violation of Title 18 United States Code,
Section(s) 922(g)g 1) and 924(a)(2Q,· and .
(2) knowingly possess in and affecting interstate commerce, ammunition, 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) 922(g){1) and 924ga)g2 Q.
I further state that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
ge attached Affidavit
Contiiiiiedbri-The-attached slljeetiandminade a part hereof: s G _
i n 2 L. ;¥i A . ,.»4’2¢e&% - A- ’
_. -, ._ Diane Iardella
I { " ‘ ‘j gl; _ _— __,;_i Special Agent, ATE
Sworn to before-nie and subscribed in my presence,
April 23, 2007 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge , , /,
United States Ma istrate Jud e Q { Z?-.`
Name & Title of Judicial Officer `gnatur · o . udicial Offi *

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AF FIDAVIT OF SPECIAL AGENT DIANE M. IARDELLA
1. Your affiant is Special Agent Diane M. Iardella. Your affiant has been a law
enforcement officer for over l8 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 ofthe 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 200 cases involving firearms violations. I have participated in the
seizures of approximately 800 firearms and the seizures of approximately 20,000 rounds of
ammunition. I have previously qualified as an expert witness regarding the identification,
origin and classification of firearms in the U.S. District Court for the District of Delaware.
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 22, 2007, in the City of
Wilmington, State and District of Delaware, as stated to me by one or more Wilmington Police
Officers with personal knowledge of the seizure of the below items.
4. Your affiant reviewed the computer criminal history information for the Defendant Aaron
Hurtt from the Delaware Justice Information System (DELIIS) and learned that the defendant has l
a prior felony conviction for Possession With Intent to Deliver a Non Narcotic Schedule I
Controlled Substance from on or about 9/7/04 in the Superior Court of the State of Delaware, a
crime punishable by imprisomnent for a term exceeding one year. Your affiant also learned from
DELIIS that the defendant has a prior felony conviction for Receiving a Stolen Firearm from on
or about 3/29/04 in the Superior Court of Delaware, a crime punishable by imprisonment for a
term exceeding one year.
5. As stated to me by one or more Wilmington Police Officers with personal knowledge of
the above facts I learned the following. On 4/22/07, Wilmington Police responded to a 911
hang—up call in a certain location in the city of Wilmington. The call involved a female .
screaming and then the hang-up. Wilmington Police officers were met at the door by the victim
who stated "my boyfriend beat me up and Iwant him arrested". The victim had a bloody lip.
Wilmington Police officers entered the residence and spoke with the owner of the apartment. In
the kitchen the defendant Aaron Hurtt, the boyfriend of the victim, was located. Hurtt and the
victim started yelling at each other. Wilmington Police separated the two and took Hurtt into the
living room with the owner of the apartment. V»7hile in the living room, the owner indicated that
the victim was the cause of the trouble. Wilmington Police officers observed a blunt, consistent l
with a marijuana cigarette, on the floor. The officers asked who’s blunt it was. Hurtt stated it’s
not mine, go ask the victim. The victim stated how’s he going to say that’s mine, he’s got a gun.
I’ll show you where it is. Wilmington Police advised that Hurtt started pacing around and

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shaking and that they handcuffed him at that time for officer safety. The owner of the apartment
gave consent to search. The victim led police outside to the gun. Wilmington Police recovered a P
Winchester .22 caliber rifle, model 1906, in the rear yard on the other side of a broken fence in
the brush. The rifle was in two pieces but easily assembled. The rifle was wrapped in a
nightgown. The owner asked Hurtt why he used her clothes to wrap the gun in. The victim
stated that the rifle was in the closet and she saw it while they were fighting. The victim stated
the rifle was intact at that time. Another resident of the apartment advised Wilmington Police
that Hurtt wrapped bullets in pieces of tissue and threw them out the bedroom window.
Wilmington Police recovered one .22 caliber round of ammunition on the ground outside the
window. Wilmington Police checked the serial number of the rifle through NCIC and learned
that the rifle had been reported stolen to New Castle County PD in 2004. The owner and other i
resident mentioned in this paragraph are friends of the victim per the Wilmington Police Officer
who handled this complaint. The victim has a pending criminal charge in which the defendant’s
relative is the complaining witness. The victim also has a prior adjudication of delinquency for a
charge that would make her a prohibited person under Delaware State Law.
6. From training and experience, your affiant knows that the above - mentioned firearm is a
firearm as defined in 18 USC, Chapter 44, Section 921(a)(3) and was manufactured in a state
other than Delaware such that its possession in Delaware would have necessari_ly 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. From training and experience, your affiant knows that the above — mentioned ammunition
is ammunition as defined in 18 USC, Chapter 44, Section 921(a)(l7)(A) and 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 firearm in Delaware affected interstate and/or foreign commerce.
8. From information provided to me by one or more Wilmington Police Officers with personal
knowledge of the below facts, your affiant learned that the defendant was advised of his Miranda
rights by a Wilmington Police Officer and the defendant essentially stated that he understood his
rights and voluntarily waived his Miranda rights. Following the waiver of his Miranda rights, the
defendant essentially told the Wilmington Police, that the gun was not his that it was the
victim’s.
9. Your affiant interviewed defendant Hurtt at the Wilmington Department of Police.
Defendant Hurtt was re—advised of his Miranda rights by a Wilmington Police Officer in the
presence of your affiant and the defendant essentially stated that he understood his rights and
voluntarily waived his Miranda rights. Following the waiver of his Miranda rights, the defendant
essentially told your affiant that the victim had called the cops. He stated that she had spit in his
face and kept hitting him so he pushed her away. He stated that he did put his hands on the
victim. He stated that she told the officer that the gun was in the backyard. Hurtt stated that the
victim was on the phone with the cops and she put the gun in the backyard while he watched. He
stated that the gun was the victim’s and that she had found the gun in an abandoned apartment in
the valley. He stated that he had looked at the gun and handled it when she found it. Hurtt stated

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that the victim put the gun in the closet of the apartment and he knew that it was there. \lVhen
asked if he knew about guns or ever handled one before this, Hurtt stated that awhile back he
worked at a cell phone store. He stated that the owner thought he was messing with his wife and
threatened to kill him so Hurtt took the owner’s two guns and took them to another location and
called the police. Hurtt stated that the police charged him with stealing the guns.
VVherefore, 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 and
ammunition, 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.
`| O 2 ,
/{Jager;/Q
Diane M. lardella S ` ‘
Special Agent, ATF
Sworn to and subscribed in my presence
thi g day of r , 2007
/ · "’
4.
V onor e V ary Pat if n e
'~ Unite States Magistrate Judge
District of Delaware