Free Exhibit List - District Court of Delaware - Delaware

W- #4Cas&Jr:07;mj»00148—UNA ——·D0cumer1t7 Filecj 08/16/2007 Page 1 of 4
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Case 1 :07-mj—OO148—UNA Document 7 Filed 08/16/2
AD 91 °(Rev. 12/*53) Criminal Complaint, i _ .

in United States District Court i
For the District of Belawarc ‘ .
Ui\llTED STATES OF AMERICA - I
Criminal Complaint
v.
, CASE NUMBER; O7— =
L MATIMA MlLLER , I ~
Deendant
l, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and
belief. On or about 8/1 lll)? in the District of Delaware, Defendant it/lATll\/lA MILLER did » l
knowingly possess in and affecting interstate commerce, a firearm, after having been convicted on or about 10ft 5t2002 of a crime
punishable byimprisonment for a term exceeding one year, _
in violation of Title 18 United States Code, Section(s) 922(g){1-l and 924(a)(2)_ , r
l further state that l am a(n) Special Agent, Bureau of Alcohol, Tobacco, Firearms and Explosive and that this complaint is based
Official Title
on the following facts;
- i l
See attached Affidavit - , ‘ _ l
Continued on the attached sheet and made a part hereof: Yes . I
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I Special Agent, ATF
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Sworn to before me and subscribed in my presence, __§O()f,,»~····—~·..___ 4-;5;»_&
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· EXHIBIT
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D. .r . » .» Case 1:07-mj—OO148—UNA Document 7 Filed 08/16/2007 Page 3 of 4
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l, Veronica M. Hnat, being duly sworn, state as follows: .
1. lam a Special Agent withthe U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives
· (ATF) and have been so employed for over seventeen years. During that time, my duties have l
. included the investigation of firearms offenses at both the State and Federal levels. Your · l
Aftiant is currently assigned to the Operation Disarm Task Force and has been so assigned *
. since October, 2003. During the course of your aftiant’s law enforcement career, your affiant
_ has received law enforcement training on the investigation of firearms offenses on over ‘ ,
i hundred occasions. Your affiant has participated in over one hundred investigations of L
firearms offenses and participated in thseizure of over fifty firearms. You Affiant has also
had over one hundred conversations with police officers and Federal agents about the facts
. and circumstances of nrearms offenses. Your Affiant has been employed as a law · l
. enforcement officer in various capacities since 1989. l i
2. Unless otherwise stated, the information in this affidavit is based upon your affiant’s personal
S knowledge. l V _ ‘ i
3; The seizure of all the below stated evidence occurred on August 11,2007, in the City of -
Wilmington, State and District of Delaware, as stated to me by the Officers of the _ .
Wilmington Department of Police who have personal knowledge of the stated facts; i
- i
4. On August 1 1,.2007, at approximately 0114 hours, the Wilmington Department of Police
— were in the area of the 2800 block of Northeast Boulevard, Wilmington, Delaware when they -
heard shouts coming from the Thunderguards Club, a privateclub located in the 2800 block ·`
- of Northeast Boulevard and observed several people chasing someone_and yelling to them p
that he has a gun. 7 - ' 1
‘ 5. The Wilmington Police Officers joined in the chase of the individua was seen having a
firearm, · The subject, Matima Miller, black male, date of birt was apprehended I
1 in the 1200 bloclc of East 27* Street, Wilmington, Delaware, after cmg shot by a tazer gun. q
~ The witness showed the Police the route in which they chased lvlatirna Miller and the Police l
- as well as, the witness retraced Miller°s path. in the alley of the 1200 block of East 28th
Street, Wilmington, Delaware the Police located a loaded New England Firearms, model l f
’ R7}, ,32 caliber revolver, serial number NB004888 in a pile of trash. The firearm was taken - 1 ‘
into custody by the Wilmington Police. _ . [
l
6. lvlatima Miller was transported to Wilmington Hospital, according to the Wilmington l
Department of Police protocol when an individual is shot by a tazer gun. Shortly after being
admitted to Wilmington Hospital, Miller was released and turned back over to the 7 p
Wilmington Department of Police. · » ‘ -
7. An interview of the witness, by the Wilmington Police, indicated that l\/latima Miller wanted
‘ to enter into the Thunderguards Private Club, the witness told Miller that he needed to be ~ i
patted down before he entered into the club. The witness stated that Miller did not want to be ,

c ”":“" " ‘"cEse’1";67irHj-601`zT8JU‘N/X Tbeéumerii 7 Filed 08/16/2007 Page 4 er 4
patted down andtoolr a step back and produced a firearm. The witness stated that Miller
started to run and they chased him yelling to the Police that he had a gun. ;
8. Your affiant reviewed the computer criminal history information for the defendant from the *
Delaware Justice Information System (DELJIS), and learned that the defendant has a prior ·
felony conviction for Trafficking Cocaine, for which he pled guilty to on 10/ 15/2002 in the ;?
New Castle County Superior Court for the State of Delaware, which is a crime punishable by ,i
imprisonment for a term exceeding one year. , _
-‘ 9. 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 .
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 i
A firearm had crossed state lines prior to its possession in Delaware and such that the 1
possession of that firearm in Delaware affected interstate commerce. y i i
l
l0. Based upon your affiant’s training and experience, your affiant submits that there is probable {
cause to believe that the above—mentioned seized firearm contained the frame and receiver of I
a firearm, and that the firearm appeared to be capable of expelling a projectile by action of an l
explosive. _ 4 _ ·
l l. Wherefore, based upon your affiant’s training and experience, your affiant believes that there i
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 and respectfully requests that the Court issue a Criminal Complaint
charging that offense. . _ `
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. Veronica M. Hnat i W “
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Swom to and subscribed in my pye_§gl·‘lE—g\bR$lf"#ag% c . -
This lllh day pf August, 2007 `''' "*·~r$<5q;.°@' ’ A
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