Free Complaint - District Court of Delaware - Delaware

Case 1 :08-mi-09098-UNA Document 1 Filed 06/O4/2008 Page 1 of 3
AO 91 (Rev. 12/93) Criminal Conplai t

In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08-
Steven Dineen,
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 June 4, 2008 in the District of Delaware, Defendant Steven Dineen did knowingly:
1) possess in and affecting interstate and foreign commerce, a firearm, after having been convicted of a felony crime
punishable by imprisomnent for a term exceeding one year,
in violation of Title 18 United States Code, Section(s) 922gg)j1) and 924g a)§2)·, and
2) possess with intent to distribute cocaine base,
in violation of Title 21 United States Code, Section(s) 841| a)§ 1) and jp)! l )]C).
I further state that I am swom as a Special Dgputy U.S. Marshal and am assigped to the ATF
and that this complaint is based on the following facts:
& attached Aftidavit
Continued on the attached sheet and made a part hereof; Yes
/
Steven Parrott
Special Deputy U.S. Marshal assigned to the ATF
Swom to before me and subscribed in my presence,
June 4, 2008 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge
United States Magistrate Judge
Name & Title of Judicial Officer .. gnatme gi; ` 31Qffiggr
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DISTRiCT OF Dtmwaat _______

Case 1:08-mj—OOO98-UNA Document 1 Filed 06/O4/2008 Page 2 of 3
AFFIDAVIT OF STEVEN PARROTT
1. Your affiant is Steven Parrott. Your affiant is a Special Deputy U.S. Marshal and is
currently assigned as a Task Force Officer to the Wilmington, Delaware office of the
U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Your affiant has been a
police officer for the city of Wilmington, Delaware for ten years. Prior to your
affiant’s employment with the city of Wilmington, Delaware your affiant was a sworn
police officer for ten years working in other states. In all your affiant has twenty years
of experience as a sworn police officer. Your affiant has attended and completed
training in police/law enforcement academies in the states of Florida, Wyoming and
Delaware. Your affiant has received training in the recognition of firearms and the
investigation of firearms offenses at all three of these academies as well as regularly
attending in—service training throughout your affiant’s career. Your affiant has
participated in the seizures of over fifty firearms and the investigation of a substantial
number of firearm related offenses. In addition your affiant has participated in
discussions about the facts and circumstances of firearms offenses with other police
officers, including but not limited to local, state and federal officers, specific to their
own knowledge, experience and training of such offenses.
2. Unless otherwise noted, the information in this affidavit is based on your affiant’s
personal knowledge and conversations with officers of the Wilmington, Delaware
Police Department and/or a Special Agent of the ATF who is specially trained in the
investigation of firearms related incidents and the interstate nexus of firearms.
3. The seizure of all the below listed evidence took place on June 4th, 2008, in the city
of Wilmington, state and District of Delaware, as stated below to me by one or more
Wilmington Police Officers. 5_}_w¢q gmt W
4. Your affiant reviewed the criminal history information for the Defendant°fi·om the
Delaware Justice Information System and learned that the defendant has at least the
following prior felony convictions in which he faced imprisonment for a period
exceeding one year: A. Delivery of a Narcotic Schedule II Controlled Substance, on
or about 07/ l 5/2002, Possession With Intent to Deliver a Narcotic Schedule Il
Controlled Substance, on or about 02/02/ 1 999,ReckIess Endangering-Unlawfully
Takes Possession or Control of a Motor Vehicle, on or about I 1/04/ 1996. All of these
convictions were in the Superior Court of New Castle County Delaware.
5. Your affiant spoke to a Wilmington Police Officer hereinafter referred to as Officer 1
and learned the following: Officer 1 is a detective with the Drug, Organized Crime
and Vice unit. Officer l and other members of his unit served a search warrant at a
residence in Wilmington, Delaware. When they entered the house they found the
defendant to be the only person in the house.

Case 1:08-mj—OOO98-UNA Document 1 Filed 06/O4/2008 Page 3 of 3
6. Officer 1 told your affiant the following. While searching the house and curtilage
pursuant to the search warrant officers found a clear plastic bag containing numerous
chunks of an off-white substance which appeared, based on their training and
experience, to be crack cocaine. This substance was subsequently weighed by Officer
1 and field tested by another member of the unit. The substance and it’s packaging
weighed approximately 13.4 grams. The substance field tested positive for cocaine
base.
7. Officer 1 told your affiant the following. Also during the search of the house and
curtilage an officer discovered a handgun concealed inside a barbecue grill in the
back yard. The firearm was seized and held in the possession of officers in that unit.
Your affiant later inspected the fire gi determined it to be a Colt model 1911Al,
.45 caliber semi-automatic handgunagsgiria "fif1'1i1*ber 1661833. There were seven
rounds of ammunition found in the 1rearm’s magazine.
8. Your affiant spoke with an ATF agent expertly trained in the interstate nexus of
firearms. This agent determined that the seized firearm was manufactured in a state
other than Delaware and therefore would have had to cross state lines in prior to its
possession in Delaware.
9. Officer 1 told your affiant the following. The defendant was transported to WPD
Detectivetgyiision. He was given his Miranda warnings, which he waived. He signed
a waiver "confirming his waiver of his rights. The defendant provided a
videotaped statement to Officer 1 wherein he admitted that the suspected cocaine
base and the firearm which were seized from his residence were his. He stated that he
sells cocaine base and that the firearm was for his protection. He stated that he was
afraid of being robbed if others noticed that he was doing well financially.
10.Your affiant spoke with a special agent from the United States Drug Enforcement
Administration who is certified as a drug expert. Your affiant provided the facts of the
case to this agent and he stated that, in his expert opinion, the defendant possessed the
cocaine base with the intent to distribute same. He based this opinion partly on the
significant amount of cocaine base seized, the lack of paraphernalia to use cocaine base
and the defendant’s admission that he possessed the cocaine base to sell.
Wherefore, based upon your affiant’s training and experience, your affiant believes that
there is probable cause to believe that the defendant did: (1) 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 U.S.C., Section(s)
922(g)( 1) and (924)(a)(2); (2) possess with intent to distribute cocaine base, in violation
of Title 21, U.S.C., Section 841(a)(1) and (b)(l)(C) .

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