United States District Court FEB EASTERN DISTRICT OF NORTH CAROLINA psumsp 8 2008 - aww CLERK . GQEUNC UNITED STATES OF AMERICA V. CRIMINAL COMPLAINT James Bernard Bennett, Jr. CASE NUMBER: QQ - 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 January 31, 2008 in Wake County, in the Eastern District of North Carolina, defendant did, Escape from Federal Custody in violation of Title 18 United States Code, Section(s) 751 la) . I further state that I am a Deputy United States Marshal with the United States Marshals Service and that this complaint is based on the following facts: SEE ATTACHED AFFIDAVIT Continued on the attached sheet and made a part hereof. [x Yes No Signat of om nant Bryan R. Konig Based upon this complaint, this Court finds that there is probable cause to believe that offenses have been committed and that the defendant has committed them. Swom to before me and subscribed in my presence, at Date City and State @ed States %agIstrate Jugg Eastern District of North Carolina Case 5:08-cr-00068-D Document 1 Filed 02/06/08 Page 1 of 2 AFFIDAVIT I, Bryan R. Konig, Deputy United States Marshal, having been duly swom state: 1 . I have been employed with the United States Marshals Service since June 2000, and I am currently assigned to the Eastem District of North Carolina. My duties include the execution of local, state and federal arrest warrants and the investigation of escape from federal custody. 2. On January 10, 2006, in the Eastern District of North Carolina, James Bemard Bennett, Jr. was sentenced to imprisonment for a termof 50 months fora violation of Title 18, United States Code, Section 922 elon in Possession of a Firearm. On June 9, 2006, BENNETT was designated to Federal Bureau of Prisons facility USP Hazelton, Bruceton Mills, WV. The Federal Bureau of Prisons is an authorized representative of the United States Attomey General. 3. On January 4, 2008, BENNETT was transferred by the Federal Bureau of Prisons from FCI Hazelton to the Cavalcorp Community Sanction Center, 312 Tryon Rd., Raleigh, NC, to complete the service of his sentence. Cavalcorp Community Sanction Center is a contract facility used by the Federal Bureau of Prisons to house federal inmates who are close to being released from federal custody. 4. On January 31, 2008, at approximately5:45 pm, BENNETT was a passenger in a motor vehicle that was stopped by Deputies with the Wake County Sherif`f`s Office. During the course of a search of the motor vehicle, two loaded handguns, additional handgun magazines, and ammunition were located inside the vehicle. BENNETT and the driver were both arrested and charged with elon in Possession of a Firearm. At approximately 1:30 pm on January 31, 2008, BENNETT appeared before a Wake County Magistrate and was released from custody on a $50,000 secure bond. Upon his release form the Wake County Detention Center, BENNETT failed to retum to Cavalcorp Community Sanction Center and was placed in escape status by the Federal Bureau of Prisons. BENNETT was projected to be released from federal custody May 2, 2008. 5. On February 1, 2008, the United States Marshals Service was notified of escape status and an investigation was initiated to locate BENNETT. At approximate1y6:00 pm on February 1, 2008, BENNETT was arrested in Wake Forest, NC, by the United States Marshals Service Violent Fugitive Task Force. 6. Based on the above outlined information, the affiant believes that BENNETT is in violation of Title 18 United States Code, Section 751 and respectfully requests that a warrant for his arrest be issued. Bryan onig Depu nited States Marshal Swom before me on February 5 2008 si states Ju Eas District of North Carolina 1 Case 5:08-cr-00068-D Document 1 Filed 02/06/08 Page 2 of 2