Free Redacted Document - District Court of Delaware - Delaware

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A0 91 (Rev. 12/93) Criminal Complaint TP
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_ United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA K U G ¤ on
v.
Criminal Complaint
mt1.s0N LORA-PENA
_ CASE NUMBER; 05- "IS? N\
(Name and Addrcu otnermexm)
I, the unders.i;;ned complainant being duly sworn state the following is true and correct to the best of my knowledge and belieti
On or about April 9, 2005 in New Castle county, in the District of Delaware
detZendant(s) did, and slum, mpi.; ozone.;)
forcibly assault Deputy United States Marshal Jack Leo while he was engaged in the performance of oflicial duties, A
in violation of Title 18 United States Code, Section.(s) lllgbl .
I ftmher state that I am a(u) Degug United States Marshal William David and that this complaint is based
l ·0l’ll¤ta111tlu'
on the lbllowing facts:
See attached Affidavit
Continued on the attached sheet and made a pan hereof? Yes 5
Signamre 0I`Comp|uin¤m
William David
Deputy United States Marshal
United States Marshafs Sm-vice
Sworn to before me and subscribed in my presence,
April 11,2005 at W' rr -; . E `nn
Dale ’ ·-Y- , ` -_._ ·
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Honorable Mary Pat Thynge _, -.. if Q
United sexes Mgisnme Judge 4; ’_;_ ,, ,4, ,,{ : _ 7,j __;s’ .· _;:
N¤mc&Tide ofludicinl Officer [ju • ` cc, ‘ I • ,1 —‘__ ‘

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Affidavit
- l, William David, being duly sworn, state as follows:
l. I am a Deputy United States Marshal with the United States Marshals Service
("USMS"), and have been so employed for approximately tcn years. I am
cmrently assigned to the USMS Fugitive Task Force, and have been so assigned
for approximately eight years. The Fugitive Task Force assists in the
apprehension of federal, state and local fugitives from justice.
2. This Affidavit is in support of a criminal oompl ' ' d arrest warrant
for Nelson Lora—Peiia ("LORA—PEi agent responsible for the investigation in aid of which this application is being
made. This Affidavit is based on my personal knowledge and observations as
well as information provided to me by other law enforcement officers. Because
this Affidavit is solely for the purpose of establishing probable cause, not all
i facts of the investigation are included herein.
3. On April 9, 2005, members ofthe USMS Fu ` ' ed an arrest
warrant on l.ORA·PEFlA at his residence :
LORA-PETYTA was wanted by the USMS on arres warran issue y e nited
States District Court for the District of Rhode Island (violation of federal
supervised release); thc State of Rhode Island (distribution of heroin); and the
Bureau of Immigration and Customs Enforcement (deportation). As of April 9,
2005, LORA-PENA had been a fugitive from justice for approximately nine
years.
4. Upon approaching the front door and observing LORA-PENA inside ofthe
residence, Deputy United States Marshals identified themselves as “police" and
ordered LORA-PEFIA to come to the door and show his hands. LORA—PEl refused to comply. Instead, he pushed open the front door in an attempt to
release two pit bull terriers on the Deputies. LORA—PEKlA then fled toward the
rear of the residence and attempted to leave through the rear door. When
LORA-PENA encountered additional USMS personnel at the rear door, he fled
back into thc residence.
5. Members of the USMS Fugitive Task Force pursued LORA-PEFTA into the
residence. Upon doing so, Deputies were attacked by LORA-PEF·lA’s pit bull
terriers. LORA—PEl{lA refused to comply with repeated commands to desist,
and instead continued to flee law enforcement throughout various areas ofthe
residence. When members_of the USMS Fugitive Task Force attempted to
physically take LORA-PENA into custody, he forcibly resisted, by, among
other things, grabbing Deputies, including Deputy United States Marshal
(DUSM) Jack Leo, in an apparent attempt to obtain their weapons. While
resisting arrest, LORA-PENA grabbed DUSM Leo’s hand and attempted to

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. obtain his Erearm, which was drawn. In doing so, LORA—PE1:i A inflicted
lacerations to DUSM Leo’s hand.
7. Based on the foregoing facts, Afliant submits that there is probable cause to
believe that Nelson Lora-Perla has committed a violation of Title 18, United
States Code, Section 1 1 l(b), and therefore respectfully requests that the
Court issue a criminal complaint and arrest warrant for LORA-PEN A-
WILLIAM DAVID
Deputy United States Marshal
United States Marshals Service
Dated: April ll, 2005
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