Free Redacted Document - District Court of Delaware - Delaware

A if -,. Case .1 ;07:mjA)02»32;UNA~-A » Document 2 Filed 11/16/2007 Page 1 of 4
Z HU YI (REV. 'l£!‘fJJ LZI"ll't`l'l HEL C0lTl|Dl.H'li"IiC U
United States District Cou¤RED
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v. . ‘
Criminal Complaint 074 2.5 Us
ANGELA JONES
(Name and Address of Defendant) Z
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of mj
knowledge and belief On or about November 15, 2007, in New Castle County, in the District of Delaware
defendant, Angela I ones did knowingly possess a firearm in or affecting comrnercehaving been previously convicted by
a court of a crime punishable by a term of imprisonment exceeding one year,
in violation of Title 18 United States Code, Section(s) 922( gig l [ .
I further state that I am a(n) Special Agent, ATF and that this complaint is based on the following facts:
I Official Title
SEE ATTACHED AFFIDAVIT
1
Continued on the attached sheet and made a part hereof: YES
I n Sign ture of Complainant
SA J son Kusheba, ATF i
Sworn to before me and subscribed in my presence,
November 16, 2007 A at Wilmingon, DE
Date Cit and State r
Honorable Leonard P. Stark Q/\\—JQ (/Z r
United States Magistrate Judge ‘
Name & Title of Judici f ‘ ` Signature of Judicial Officer
F I L E D
E _ , DISTFHCT COURT I ‘ I
Di_i§§tCT OF BELAWARE I

-- - -- -»-- ·G-ase1-:07--mj-0-0232-U-NAV Document 2 Filed 1 1/16/2007 Page 2 of 4
I, Jason M. Kusheba, being duly sworn, state as follows:
1. I am a Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives =
(ATF) and have been so employed for over six years. During that time, my duties have .
included the investigation of firearms offenses at both the State and Federal levels. Your ,
Affiant is currently assigned to the Operation Disarm Task Force and has been so assigned 1
since October, 2003. During the course of your aftiant’s law enforcement career, your affiant C
has received law enforcement training on the investigation of firearms offenses on over fifty E
occasions. Your aftiant has participated in over one hundred investigations of firearms
offenses and participated in the seizure of over titty firearms. Your aftiant has also had over V
one hundred conversations with police officers and Federal agents about the facts and 1
circumstances of firearms offenses. Your affiant has been employed as a law enforcement t
officer in various capacities since 1997. p
2. Unless otherwise stated, the infomation in this affidavit is based upon your affiant’s personal
knowledge. Q
3. The seizure of all the below stated evidence occurred on November 15, 2007, in the City of
Wilmington, State and District of Delaware, as stated to me by a Wilmington Police Officer Z
who has personal knowledge of the stated facts and who has related the below listed facts
from the Wilmington Police Department to your affiant. r
4. On or about 10/ 16/2007, Angela Jones, later identified as the Defendant, of · l n
Street, Wilmington, DE went to Miller’s Gtm Center in New Castle, DE and attempted to i
purchase a Cobra, model CA32, .32-caliber pistol, serial number CP0265l8. At that time,
the defendant was denied from purchasing the aforementioned firearm. ¤
5. Your affiant has reviewed the computer criminal history information for the Defendant from
the National Crime information Center (N CIC), as well as a docket sheet from the Delaware
H County Court of Common Pleas and learnedthat the defendant has a prior felony conviction r
i- . · for Insurance Fraud hom on or about March 16, 2001 in the Court of Common Pleas of ` I ii {
Delaware County for the State of Pennsylvania, a crime punishable by imprisonment for a
term exceeding one year. i
6. On or about l0/21/2007, Tamar Daniels, of ., Wilmington, DE, also
went to Miller’s Gun Center, New Castle, DE and attempted to purchase a Cobra, model
FS32, .32—caliber pistol, serial number FS021 180. On the same date, Daniels made a down j
payment of $64.95 for the purchase ofthe handgun.
-- ---- 7. On or about ll/05/2007, Daniels returned to Mi1ler’s Gun Center to complete the transaction,
at which time the firearm was transferred to her. At that time Daniels also purchased a box ‘ Z
of Fiocchi, .32—caliber pistol cartridges, and a black pistol case. · - *
8. On or about 11/ 15/2007, Members ofthe Wihnington Police Department and State of C

A .- 2Case 1.:02:mj.-00232»UNA» .» Document 2 Filed 1 1/16/2007 Page 3 of 4
~ Delaware Probation and Parole Officers executed a search warrant at the residence ofthe
Defendant and Daniels. As a result of the search, Officers recovered a Cobra, model FS32, ‘
` .32—caliber handgun, serial number FS02l 180. This firearm was found next to an end table in *
a bedroom of the residence. The end table also contained various documents in the name of ~
the Defendant. Also recover during the search, was a box of Fiocchi, 7.65 mm (.32 ACP)
pistol cartridges, and a black pistol case. I
9. On or about the same date, your affiant and Wilmington Police Detective Robert Fox
interviewed Daniels. At that time Det. Fox verbally advised Daniels of her Miranda
warnings. At that time, Daniels stated that she understood her rights and agreed to answer
questions. Daniels stated that she resides at ·— · - with the Defendant, with
whom she has had a relationship for approximately two years. Daniels stated that they =
maintain separate bedroom to store their personal belongings, but they sleep in the
Defendant’s room every night. Daniels stated that approximately 2 months ago, the i
Defendant stated that they need to get a firearm for protection. Daniels then stated that a few r
weeks ago, she and the Defendant went to a gun store and the Defendant attempted to
purchase a fireamr. Daniels stated that the Defendant was denied from purchasing the j
firearm but did not know exactly why. Daniels then stated that approximately one week later r
she went back to the gun store and purchased the firearm that the Defendant liked and had
attempted to purchase. Daniels stated that after she purchased the firearm, the Defendant and {
Daniels took it back to their residence and stored it in the Defendant’s bedroom, on the
Defendant’s side of the bed between the nightstand and the wall. Daniels stated that E
l approximately 3 days ago, the Defendant showed her how to load the firearm. Daniels added L
thatshe is not familiar with firearms and is afraid of them. L
10. On or about the same date, your affiant and a Wilmington Police Detective Robert Fox ¤
interviewed the Defendant. At that time Det. Fox verbally advised the Defendant of her
Miranda warnings. At that time, the Defendant stated that she understood her rights and ng
V agreed to answer questions. The Defendant stated that she and Daniels had jointly decided to
purchase a firearm, and that in late October, 2007, she and Daniels went to buy a firearm. t
_ _ _ , . Defendant stated that she was denied frornpurchasing a firearm at that time. The Defendant_ · T
e· -. i stated that she thought she was denied becauserof an insurance fraud conviction that she had i A A ni A F
from Media, PA from seven years ago. The Defendant then stated that she and Daniels
decided that they still needed a firearm for the house. The Defendant stated that Daniels went
back to the gun store to put a down payment on a firearm and picked it up approximately 2 e
weeks later, on or about November 5 or November 6. The Defendant stated that thefirearm
was kept on the side of a nightstand, in the corner ofthe bedroom where the Defendant and
Daniels sleep. The Defendant stated that the gun remained there for approximately 2 weeks i
until recently when she showed Daniels how to load the magazine, how to put the safety on, i
and howto work the slide. __: 1
ll. From you affiant’s training and experience, and from prior discussions with ATF Agents who i
are expertly trained and experienced in determining the interstate nexus of firearms, your p
affiant knows that the above mentioned firearm was manufactured in a state other than i
Delaware. As such, its possession in Delaware would have necessarily required that the
I

. Case 1 :07-mj-00232-UNA Document 2 Filed 11/16/2007 Page 4 of 4
- firearm had crossed state lines prior to its possession in Delaware, and thus the possession of V
that firearm in Delaware affected interstate commerce. ‘
12. Based upon your affiant’s training and experience and visual inspection of the firearm, your
affiant submits that there is probable cause to believe that the above-mentioned seized A
firearm contained the frame and receiver of a firearm, and that the firearm appeared to be
capable of expelling a projectile by action of an explosive, l
13. Wherefore, based upon your affiant’s training and experience, your affiant submits that there i
is probable cause to believe that the defendant violated Title 18 U.S.C. Section 922(g) and
. 92-4(a)(2) by possessing in and affecting interstate commerce a firearm, after having l
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 r
charging that offense.
i i
Jason . Kusheba
Specia Agent, ATF ` '
Sworn to and subscribed in my presence *
This 16th day of November, 2007
sx., iQ?
Honorable Leonard P. Stark i
United States Magistrate Judge
District of Delaware a
-. ‘ ‘ ,` _ ` . . i X 0- T e l l . · . IE e - ·· ··i·· i
i
` I
l
J J a
` i
i
I
0 i
¤

Case 1:07-mj-00232-UNA

Document 2

Filed 11/16/2007

Page 1 of 4

Case 1:07-mj-00232-UNA

Document 2

Filed 11/16/2007

Page 2 of 4

Case 1:07-mj-00232-UNA

Document 2

Filed 11/16/2007

Page 3 of 4

Case 1:07-mj-00232-UNA

Document 2

Filed 11/16/2007

Page 4 of 4