Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr-00113-SLR Document 1 Filed 08/O2/2007 Page 1 _of 4
AO 91 (Rev. 12/93) Criminal Complaint O ` " `
In United States District Court · I _
- ` For the -District of Delaware
UNITED STATES OF AMERICA I
' _ 1 _ _ Criminal Complaint
2 cAsE NUMBER: ov- /4/ M , /*1/’7’
I COREY ROANE, i .
Defendant. l
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my-
knowledge and belief: On or about August l, 2007, in the District of Delaware, Defendant COREY ROANE did
knowingly possess in and affecting interstate and foreign commerce, a firearm, after having been convicted of a felony
crime punishable by imprisonment for a term exceeding one year, in yiolation of Title 18, United States Code, Section(s) _
922(g)(l) and 924(a)(2). ` I
I fnrther state that Iam a(n) Special Agent, ATF and that this complaint is based ‘
. Official Title , ` . .
on the following facts: l ` ··
A . U .......,..._ ,
S; attached Affidavit _ ‘
y _ r AUG 2
Continued on the attached sheet and made a part hereof: Yes . .
I `i`‘ C A`'- fl
` 4 ,.., ,,__ _ ..___,. \
_ Paul Ge .i no _
· Special Agent, ATF
Sworn to before me and subscribed in my presence, _ _ }
Auggst 2, 2007 _ at Wilmington, DE - A l
Date City and S . z _ . `
Honorable Mary Pat Thynge I p ` i
United States Magistrate Judge _ ___ . t .
Name a Title Orrudictai oraca ignature ou r racer A r

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AFFIDAVIT OF: PAUL D. GEMMATO ·
1. Your affiant is a special Agent .Your affiant has been a law enforcement officer for over IS ·
years with the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). During that time, my I
duties have included the investigation of federal and state firearms offenses. During the course
_ . of your affiant’s law enforcement career, your affiant has received law enforcement training on
the investigation of firearms offenses. During the course of your affiant’s law enforcement
· career, your affiant has participated in over a hundred seizures of firearms and 50 investigations r
of firearms offenses, as well as numerous conversations about the facts and circumstances of .
. firearms offenses with the investigating officers of those firearms offenses. g
. · 2 A l
2. Unless otherwise stated, the information in this affidavit is based upon your affiant’s-
personal knowledge.
· 3. The seizure ofthe below stated firearm occurred on 8/l/2007, in the City of Wilmington,
State and District of Delaware, as stated to me by a Wilmington Police Officer with personal `
knowledge ofthe seizure ofthe following item: a Springfield Armory, Model XD, 40··caliber
semi-automatic Pistol, Serial Number US 445004, loaded with a magazine containing 10, 40Â¥
caliber rounds. I
· 4. Your affiant reviewed the computer criminal history infomation for defendant Corey i
Roane from the Delaware Justice lnforrnation System (DELJIS) and the National Crime
information Center (N CIC) and learned that the Corey Roane has a prior felony conviction for A
Reckless Endangering lst from on or about 5/20/2003 in the Superior Court ofthe State of _
Delaware, a crime punishable by imprisonment for a term exceeding one year. Your affiant also
learned from those DELJ IS and NCIC computer checks that the defendant has prior convictions
for Conspiracy 2nd Degree in 2003, and Trafficking in Cocaine in 2001. Both convictions are ‘
felonies in the state of Delaware, punishable by imprisonment exceeding one year. ` r
p - 5. On 8/l/07 at approximately 3:12 PM, a Wilmington Police Officer was on routine patrol
and was dispatched to a theft complaint in the Trolley Square area, Wilmington DE. The dispatch
provided a physical description ofthe suspect who Wasdescribed as a black male, wearing a A
dark colored doo-rag, a dark colored shirt and shorts. The dispatch also advised that the suspect
was last seen departing the area riding a bicycle north on Du Pont Street. The officer arrived in l
` the area approximately 3-5 minutes later and began an area search. Vtfhile traveling in his marked
police vehicle, the police officer observed a black male riding a bicycle north on Du Pont St. i

Case 1:07-cr-00113-SLR Document 1 Filed 08/O2/2007 Page 3 of 4
This location was two blocks from the reported theft. The officer then drove towards the
individual and determined that this individual was wearing a dark colored wave cap/doo-rag a
n dark shirt and long jeans. The Wilmington Police Officer advised that during his initial area _ ·
search, Roane was the only individual he observed riding a bicycle in the area infaround this time .
frame. The officer also advised that it has been his training and experience that suspects _
frequently change their clothing after committing a crime in order to avoid identification and .
arrest. Due to the totality of the circumstances, the police officer determined that this may be the
suspect and warranted further investigation.
6. Another Wilmington Police Officer who was assisting then drove his/her marked unit in close
l proximity to the individual, activated the blue and red emergency lights and ordered the _
individual to stop. The individual complied and got off his bike. In accordance with the
Wilmington Police Department policies and for officer safety this individual was handcuffed and _ I
searched by a Wilmington Police Officer. During the search of the suspect, the officer ,
discovered a loaded firearm that was covered/concealed inside the waistband on the front right Z
` side of the suspect’s pants. This firearm is described as a Springfield Amory, Model XD, 40-
caliber semi—automatic Pistol, serial number US 445004. The firearm was loaded with a _
magazine that contained 10, .40 caliber rounds.
7. The suspect was arrested by the responding Wilmington Police Department officers and
identified as Corey Roane. Roane was then transported to the Wilmington Police Department for
processing. After being arrested, Roane advised that he had just found the firearm a short time
ago. -
8. From training and experience, and prior discussion with an ATF Agent who is expertly trained i
and experienced in determining the interstate nexus of firearms, your affiant 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.
9. Your affiant learned from a Wilmington Police Officer who has personal knowledge of the
. facts stated below that the firearm appeared to be capable of expelling a projectile by action of an
explosive. _ ‘ `
r l
· l

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Wherefore, based upon your afiiant’s training and experience, your aftiant I
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 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.
C 4 u to ..
' aul D. Gemmato ` p `
_ C ‘ " Special Agent, ATF ‘ _ _
Sworn to and subscribed in my presence .
this é day of ;%E?mé 2007 _
a W \ 4..,
_ , Mary Pat Thynge // _ C
` - Unit ' tates Magistrate Judge l i
_ _ District of Delaware _

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