Free Redacted Document - District Court of Delaware - Delaware

Case 1:06-cr-00002-JJF
A 0 91 (Rev. 12/93) C r i m i n a l Complaint W

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United States District Court
DISTRICT OF
UNITED STATES OF AMERICA v. ISHMAEL RODRIQUEZ
mame and Address of Defmdant)

DELAWARE

FiLDIAQEB
County, in the District of Delaware

riminal Complaint

I, the undersigned complainant, being duly sworn, state the following is true and carrect to the best of my knowledge and belief.

On or about November 22. 2005, in New Castle

defendant, Ishmael Rodriquez

satutav

did knowingly possess a fuearm and ammunition after having convicted in any court by a crime punishable by imprisonment for more than one Year

in violation of Title

18

United States Code, Section(s) 922(g)( 1) and that this complaint is based on the following facts:

I fi~rther state that I am a(n) Special Agent. ATF
Official Title

SEE ATTACHED AFFIDAVIT Continued on the attached sheet and made a part hereof: YES

w Signature of ~ o m ~ l & a n t

Patrick Fyo;k Special Agent Bureau of Alcohol Tobacco Firearms and Explosives

1

BE'C 2 8 2005
Sworn to before me and subscribed in my presence,
U.S. DISTRICT COURT DISTRICT OF DELAWARE

December 28,2005
Date

at

Wilmingtoa DE
City and State

I

lble Joseph J. Farnan, Jr.

L.. ,d States District Judge
Name & Title of Judicial Officer

Case 1:06-cr-00002-JJF

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AFFIDAVIT
I, Special Agent Patrick W. Fyock, being duly sworn, depose and say: 1. I a a Special Agent of the United States Bureau of ~lcohol, m Tobacco, Firearms k d Explosives (hereafter AW) assigned to the Wilmington, DE Field Office. 2. ATF is a Federal Law Enforcement agency charged with the enforcement of federal statutes relating to firearms and explosives.

I

3. I have served as a Special Agent with ATF since July 2001. Prior to being hired by ATF, I was employed as a Police Officer for seven years with the Nationally Accredited New Castle County Police Department in Delaware. I received specialized training fiom the ATF Academy in Glynn Co. Georgia, in investigation of Federal Firearms violations. I have participated in the investigation and prosecution of numerous firearms violators.
4. The information contained in this affidavit is based upon but not limited to: a. the general experience in firearms and narcotics investigations of law enforcement officers who have participated in this investigation; b. my own observations and the information and observations of other law enforcement authorities involved in this investigation; c. records of federal and local government agencies; d. the execution of a State of Delaware Arrest Warrant; and e. seizures of firearms and ammunition;

5. Based on the following paragraphs, your affiant states that the facts and circumstances recited herein demonstrate that there is probable cause to arrest Ishmael Rodriquez for violations of federal law; in particular, 18 U.S.C.9 922(g)(l), possession of a firearm and ammunition by person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
Probable Cause

6. On November 22,2005, Officer Muniz was on patrol in the city of Wilmington, State of Delaware, when he observed a large group loitering in fiont of the J & R Supermarket, located at 1516 W. 4 Street. Officer Muniz exited his marked ' patrol vehicle and began to walk towards store. 7. Officer Muniz observed a subject standing by the door of the store attempting to look down the street in an effort to observe Officer Muniz' actions. When Officer Muniz approached the entrance, the subject who was standing at the door ran inside the store. As Officer Muniz entered the store, he observed this same subject running to the rear of the store. Officer Muniz could observe the subject, in the store's overhead later identified as Ishmael Rodriquez, DOB _98s5,

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mirror. This subject was attempting to hide an unknown object on the shelf at the south end of the store wall. Rodriquez exited the aisle and was contacted by Officer Muniz. Because of the Rodriquez' actions, Officer Muniz ordered Rodriquez to place his hands on the wall. As Officer Muniz attempted to pat down Rodriquez, Rodriquez tensed his arms and would not comply with the officer's commands. Rodriquez was taken to the ground and handcuffed.
8. Officer Muniz responded to the aisle where he had observed Rodriquez hiding an

item and observed food items in disarray on the shelf. Under some food items was a Silver .357 Rossi revolver, serial number F443169. During the search of Rodriquez, officers located 2 R-P .357 caliber rounds of ammunition, 3 PMC .38 caliber rounds of ammunition and 1 Federal .38 caliber round of ammunition. It should be noted that .38 caliber rounds of ammunition can be fired fiom a .357 rev0 lver. 9. On or about May 18,2005 Ishmael Rodriquez pleaded guilty to possession with intent to deliver a narcotic schedule II controlled substance, in the Superior Court of Delaware. This crime is a felony in the state of Delawwe and is punishable by imprisonment for a term exceeding one year. 10. Your affiant believes, based on his training and experience, that the firearm described above was manufactured outside the State of Delaware.

I swear under oath that the above is true and correct to the best of my knowledge and belief. I

Special ~ ~ e i t Bureau of Alcohol, Tobacco, Firearms and Explosives

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mirror. This subject was attempting to hide an unknown object on the shelf at the south end of the store wall. Rodriquez exited the aisle and was contacted by Officer Muniz. Because of the Rodriquez' actions, Officer Muniz ordered Rodriquez to place his hands on the wall. As Officer Muniz attempted to pat down Rodriquez, Rodriquez tensed his arms and would not comply with the officer's commands. Rodriquez was taken to the ground and handcuffed. 8. Officer Muniz responded to the aisle where he had observed Rodriquez hiding an item and observed food items in disarray on the shelf. Under some food items was a Silver .357 Rossi revolver, serial number F443169. During the search of Rodriquez, officers located 2 R-P .357 caliber rounds of ammunition, 3 PMC .38 caliber rounds of ammunition and 1 Federal .38 caliber round of ammunition. It should be noted that .38 caliber rounds of ammunition can be fired ftom a .357 revolver. 9. On or about May 18,2005 Ishmael Rodriquez pleaded guilty to possession with intent to deliver a narcotic schedule I1 controlled substance, in the Superior Court of Delaware. This crime is a felony in the state of Delaware and is punishable by imprisonment for a term exceeding one year. 10. Your affiant believes, based on his training and experience, that the firearm described above was manufactured outside the State of Delaware.

I swear under oath that the above is true and correct to the best of my knowledge and belief. I

Special Agent Bureau of Alcohol, Tobacco, Firearms and Explosives