Free Redacted Document - District Court of Delaware - Delaware

Case 1:07-cr—OOO47-SLR Document 2 Filed O4/O2/2007 Paget of 3
AO 91 (Rev. l2/Q3) Criminal Complain;
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In United States District Court \ 3
For the District of Delaware °3b
UNITED STATES OF AMERICA
Criminal Complaint
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CASE NUMBER: 07- (00 t’\-
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wii.i=r Defendant _,_,q_‘t\_` j l_j___,»‘
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 March ISO"`, 2007 in the District of Delaware, Defendant WILFREDO PINKSTON did
knowingly possess in and affecting interstate commerce, a firearm, after having been convicted on or about 1/O4/99 of a crime
punishable by imprisonment for a term exceeding one year,
in violation of Title 18 United States Code, Section(s)_ 922(gl(1) and 924(a)(2).
I further state that I am a(n) Special Agent, Bureau of Alcohol Tobacco Firearms and Explosive and that this complaint is based
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on the following facts:
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Special Agent, ATF
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Case 1:07-cr—OOO47-SLR Document 2 Filed O4/O2/2007 Page 2 of 3
AFFIDAVIT OF SPECIAL AGENT TAT SHUM A
1. Your affiant is Special Agent Tat S. Shum. Your affiant has been a law enforcement
officer for over seven 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 of the Federal Law
Enforcement Training Center, Glynco, GA, Criminal Investigation Course and the Bureau of
Alcohol, Tobacco and Firearms New Professional Training Course. Prior to my employment
with ATF, your affiant was employed by the Pennsylvania State Attorney’s Office as a State
Narcotics Agent who had previously received training and conducted investigations involving the
illegal use of firearms. Your affiant was also previously employed by the First Judicial District
of Pennsylvania, Common Pleas and Municipal Courts, as a warrant unit investigator for the
County of Philadelphia. During the course of my law enforcement career, I have participated in
over 100 seizures of firearms and conducted over 150 criminal investigations involving federal
firearms violations.
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 March 30, 2007, in the City of
Wilmington, State and District of Delaware, as stated to me by Wilmington Police Officers
Richard Armorer and Brian Conkey.
4. Your affiant reviewed the computer criminal history information for the Defendant from
the Delaware Justice Information System (DELIIS) and the National Crime Information Center
(N CIC) and learned that the defendant has a prior felony conviction for Assault in the first degree
and Possession of a firearm during the cornrnission of a felony from on or about 1/04/99 in the
Superior Court of the State of Delaware, a crime punishable by imprisonment for a term
exceeding one year. Your affiant also learned from those DELJ IS and NCIC computer checks
that the defendant has prior arrests for unlawful sexual intercourse in the third degree in 1999,
and theft, trafficking in cocaine, and possession with intent to deliver a narcotic schedule
controlled substance in 1997, and terroristic threat, driving with suspended license, and removal
of vehicle from accident scene in 1996.
5. As stated to me by Wilmington Police Officers Richard Armorer and Brian Conkey, I
learned the following: On March 30, 2007 at approximately 2203 hours, while Officers
Armorers and Conkey were patrolling in the 400 block of West 30th Street, Wilmington,
Delaware in a marked police vehicle, they observed a suspect who was later identified as
Wilfredo PINKSTON DOB:’ ’77 standing in the driveway of a boarded up vacant home on
Street with an unidentified male. Upon the officers’ police vehicle approaching
the location, PINKSTON immediately fled to the rear ofthe vacant building, along the west side

Case 1:07-cr—OOO47-SLR Document 2 Filed O4/O2/2007 Page 3 of 3
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driveway. Both officers pursued PINKSTON on foot. Officer Conkey took up a position along
the east side of the vacant home as Officer Armorer pursued the suspect along the west side
where PINKSTON was running. Officer Conkey then observed PINKSTON stopped at a tree in
the backyard of the same house and then turned around to run back towards Officer Armorer.
Officer Conkey continued to pursue the suspect and he suspected that PINKSTON may have
placed an unknown object at the tree. Armorer finally confronted PINKSTON at gun point on
the west side of the driveway and PINKSTON was detained. Officer Conkey immediately
‘ returned to the tree where PINKSTON was stopping and he recovered one Colt, .45 caliber
handgtm that was loaded with seven rounds of .45 caliber ammunition, no serial number.
According to Officers Conkey and Armorer, there was no debris or moisture on the firearm
which is consistent with recent placement of the firearm by the suspect. PINKSTON was taken
into police custody by the Wilmington Police officers.
6. Your affiant had a discussion with an ATF firearm expert. The firearm expert confirmed
that the mentioned weapon is a firearm as defined in 18 USC, Chapter 44, Section 92 l (a)(3) and
was manufactured in a state other than Delaware such that its possession in Delaware would have n
necessarily 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 information provided to me by Wilmington Police Officers Armorer and Conkey,
your affiant learned that the defendant was advised of his Miranda rights by Wilmington Police
Officer and the defendant invoked his rights and did not make any statement.
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 and/or foreign commerce a firearm, after
having previously been convicted of a felony crime punishable by imprisonment for a term
exceeding one year and respectfully requests at the Cotut issue a Criminal Complaint charging
that offense.
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Tat . Shum
Spec al Agent, ATF
Sworn to and subscribed in my presence
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