Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr-00168-GIVIS Document 1 Filed 12/O4/2007 Page 1 of 3
AO 91 (Rev. 12/9S) Criminal Complaint 0 .
In United States District Court
I For the District of Delaware Q
UNITED STATES OF AMERICA .
» . Criminal Complaint j
v. _
I CASE NUMBER: 07- 2 |V\ I
r gram JACKSON, ;
r Defendant.
I, the undersigned complainant, being duly swom, state the following is true and correct to the best of my j
knowledge and belief On or about December 3, 2007, in the District of Delaware, Defendant IBAN JAC KSON did:
(1) knowingly possess in and affecting interstate and foreign commerce, a fireann, after having been convicted of a
felony crime punishable by imprisonment for a term exceeding one year, in violation of Title LL United States Code, i
Section(s) 922g gig I) and 924(a)g2).
I further state that I asm a(n) Special Agent, ATF · · and that this complaint is based 0
‘ Official Title
on the following facts:
gg attached Affidavit 1
Continued on the attached sheet and made a part hereof: Yes
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_ Diane Iardella
Special Agent, ATF

Sworn to before me and subscribed in my presence,
December 4, 2007 7 at Wilmington, DE `
Date City and State r
Honorable Mary Pat Thynge _
United States Magistrate Judge __ Il g
Name & Title of Judicial Officer S1 Judicial Ofiicer / ‘ _' _

Case 1 :07-cr-00168-GIVIS Document 1 Filed 12/O4/2007 Page 2 of 3
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AFFIDAVIT 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 19 years with the Bureau of Alcohol, Tobacco, Firearms, and Q
Explosives (ATF). As part of my duties, responsibilities and training, and in the course of my p,
investigative experience, I have become familiar with the statutes, rules and regulations, policies i
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 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 1400 firearms andthe seizures of approximately 250,000 rounds of E
ammunition. I have previously qualified as an expert witness regarding the identification, I
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. i
3. The seizure of all the below stated evidence occurred on December 3, 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 ofthe seizure of the below items. - ‘
4. Your affiant reviewed the computer criminal history information for the Defendant Iban
Jackson from the Delaware Justice Information System (DELJIS) learned that the defendant has a
prior felony conviction for Possession With Intent to Deliver a Narcotic Schedule II Controlled
Substance from on or about 8/26/99 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
DELJIS computer checks that the defendant has a felony conviction for Possession With Intent to
Deliver a Narcotic Schedule II Controlled Substance in 1998.
5. As stated to me by one or more Wilmington Police Officers with personal knowledge of
the above facts, I learned the following that officers were on patrol in the area of the 400 block of
W. 30th Street in the City of Wilmington when they observed a group of individuals loitering near
a vehicle. When the ofhcers drove arotmd the block and came back to the area the vehicle was .
pulling away from the area. Officers followed the vehicle and observed the driver make a left
hand turn without using any signal. Officers stopped the vehicle which contained only one
occupant, the driver. The stop occurred in the area of W. 29th and Harrison Streets. Officers
approached the driver, later identified as Iban Jackson, and asked him for his license, registration
and insurance card. Jackson advised the officers that the vehicle belonged to a relative and also
admitted that the turn signal did not work. Officers checked the status ofthe insurance card and
learned that the insurance had not been paid and was not in effect. At that time, Officers asked
Jackson to step out from the vehicle. As Jackson stepped out of the vehicle he tensed up and
officers placed him into custody. Officers conducted an inventory ofthe vehicle and recovered a

. Case 1 :07-cr-00168-GIVIS Document 1 Filed 12/O4/2007 Page 3 of 3
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Ruger 9mm pistol from under the driver’s seat. i
6. From training and experience and based upon infomation provided by a Wilmington Police
officer who personally saw the above firearm, your affiant knows that the above - mentioned
fireann is a firearm as defined in 18 USC, Chapter 44, Section 92l(a)(3) and was manufactured
in a state other than Delaware such that its possession in Delaware would have necessarily
required that the firearm had crossed state lines prior to its possession in Delaware and such that f
I the possession of that firearm in Delaware affected interstate and/or foreign commerce.
7. 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 Q
Miranda rights by a Wilmington Police Officer and the defendant essentially stated that he l
understand his rights and voluntarily waived his Miranda rights. Following the waiver of his
Miranda rights, the defendant voluntarily essentially told the Wilmington Police, among other
things, that he possessed the seized firearm. Jackson stated he bought the firearm on the street I
for a couple of hundred dollars. Jackson stated that on ll/4/07 he had been shot three times in ,
the head and once in the lung and that the firearm was for his personal protection.
I
Wherefore, based upon your affiant’s training and experience, your affiant l
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 that the Court issue a Criminal Complaint charging
that offense. I
4 I l to A / {
I iane M. Iardella
Special Agent, ATF
Sworn to and s scribed in my presence
this jg day of iggmég 2007
_ ___ ¤»1L] AL . _
ab e ' ary Pat rg
• d States Magis ate Judge
District of Delaware

Case 1:07-cr-00168-GMS

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Case 1:07-cr-00168-GMS

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