Free Redacted Document - District Court of Delaware - Delaware

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For the District of Delaws§eEDA
UNITED STATES OF AMERICA
Criminal Complaint
REDACTED
c CASE NUMBER: 07~ /73717
Eric Holmes n ,
Defendant
l, the undersigned complainant, being duly swom, state the following is true and correct to the best of my knowledge and belief. On or
about October 7, 2007 in the District of Delaware, Defendant Eric Holmes did knowingly possess in and affecting interstate commerce,
a firearm, after having been convicted .on or about July 30, 2007, of a crime punishable by imprisonment for a term exceeding one
- A E n
year, in violation of Title 18 United States Code, Secti0n(s) 922(g)(1} and 924(a)(2). and further state that I am a(n)
Special Agent, `Bureau of Alcohol, Tobacco, Firearms, and Explosives and that this complaint is based on the following factsi
See attached. Affidavit -
Continued on the attached sheet and made a part hereof: Yes
— ‘ Veronica Hnat
Special Agent, ATF .
Sworn to before me and subscribed in my presence, ‘ Z
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Date _ City and State O if _ '·-.__ <(\ 7%
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` OCT · 9 2007
I · us. DISTRICT count , `
r DISIEICT or DELAWARE _

_ Case 1 :07-cr—OO136—JJF Document 2 Filed 10/O9/2007 Page 2 of 3
l, Veronica Hnat, being duly sworn, state as follows: A
_ 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 eighteen years. During that time, my duties have .
included the investigation of firearms offenses at both the State and Federal levels. Your
Aliiant is currently assigned to the Operation Disarm Task Force and has been so assigned
since October, 2003. During the course of your afliant’s law enforcement career, your affiant
has received law enforcement training on the investigation of Erearms offenses on over fifty
occasions. Your afliant has participated in over one hundred investigations of firearms
7 oifenses and participated in the seizure of over fifty firearms. You Afliant has also had over .
one hundred conversations with police officers and Federal agents about the facts and F
circumstances of firearms offenses. Your Afliant has been employed as alaw enforcement
omcer in various capacities since 1989. - P
i 2. Unless otherwise stated, the information in this affidavit is based upon your aBiant’s personal A
n knowledge.
. 3. The seizure of all the below stated evidence occurred on October 7, 2007, in the City of
` ' Wilmington, State and District of Delaware, as stated to me by Wilmington Police Officers _
who have personal knowledge of the stated facts. .
4. On October 7, 2007, at approximately 0116 hours, Wilmington Police were one routine patrol .
` and stopped south bound on Lombard Street, between 9“‘ and 10"` Streets, inthe city of
Wilmington, New Castle County, State of Delaware. While being stationary in their vehicle
that Officers observe a vehicle driven by Eric Holmes, (“the defendant" here on), B/M, DOB: .
going east bound on 9”’ street and make a 1igl1t on to Lombard Street. The g
Officers know the defendant by sight and have seen him drive this same vehicle on several
· occasions before. The Officers also are aware that Eric Holmes’ driving license is suspended.
5. The Officers observe the defendant go south on Lombard and make a right turnonto 8th
Street without signaling to make a tum. The Oliicers at this time engage their emergency
lights and observe the defendant making turning and twistingnmotions in the driver’s seat. The
‘ defendant does not pull the vehicle over but instead pulls into the parking lot of the Compton
` Townhomes, again without signaling for a turn.
` 6. '1'he defendant continues to go further into the parking lot and then stops the vehicle. The
Officers approach the vehicle, the Oliicer approaching the driver’s side ofthe vehicle observes T
a loaded Beretta, Model 92F, 9mm pistol, serial number BER09l849Z on the floor, in plain
view between the rear passengefs legs. This passenger is directly behind the defendant in the . ‘ .
vehicle. All occupants are removed Hom the vehicle and transported to Wilmington Police
`Department. · i
» _ 7. The occupant in the rear passenger seat is mirandized and interviewed by Wilmington Police.
_ i ‘ The- occupant stated that he! she was getting a ride by the defendant and that when the police

p _ _ Case 1 :07-cr—OO136—JJF Document 2 Filed 10/O9/2007 Page 3 of 3 n
sattempted to stop them the defendant reached behind bis seat and placed the firearm in the
backseat on the floor between his/her legs.
t 8. The occupant further stated that when they arrived at Wilmington Police Station he/she heard
· the defendant call himfher by name stating, ‘fYo, you got me?" the back seat occupant yells l
back, "I can’t have this, I got a daughter, and I’m not taking this for you." In which the T
defendant replies, "I got kids too. If you got me, I got you."
9. Your aftiant reviewed the computer criminal history information for the defendant from the
Delaware Justice Information System and learned that the defendant has a prior felony p
conviction and pled guilty to Assault 2“d Degree on or about Iuly 30, 2007, in the Superior _
Court of Delaware, New Castle County, which is a crime punishable by imprisonment for a I -
term exceeding one year. , I
A 10. From you afl:lant’s training and experience, and trom prior discussions with ATF Agents who
are expertly trained _and experienced in determining the interstate nexus of firearms, your ‘
aiiiant knows that the above mentioned firearm 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 the possession ,
of that firearm in Delaware affected interstate commerce. _
ll. Based upon your afErant’s training and experience, your afliant submits that there is probable I
' cause to believe that the above—mentioned seized firearm contained the frame and receiver of a . i
‘ ~ A firearm, and- that the firearm appeared to be capable of expelling a projectile by action of an
explosive. .
_ 12. Wherefore, based upon your afliant’s training and experience, your aliiant believes that there
is probable cause to believe that the defendant violated 18 U.S.C. 922(g) and 924(a)(2) by -
A possessing in and a&`ecting interstate commerce a firearm, after having previously been
convicted of a felony and respectfully requests that the Court issue a Criminal Complaint I
chargingthat offense. ·
geironica M. Hnat ` I
. A Special Agent, ATF
I R §
"~ · sr, .
SWOH1 to and subscribed in m (;c Q -
This 7** day of October, 2 07 ;:. . g p _
n Justice of the eace Co rt 20 agts fateiludge .
%°`a—,.§ r
Q, ·-

Case 1:07-cr-00136-JJF

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