Case: 2:18-mj-00928-CMV Doc #: 1 Filed: 12/20/18 Page: 1 of 4 PAGEID #: 1
AO 91 (Rev. 08''09) Criminal Complainl

United States District Court
for the

Southern District of Ohio
United Stales of America
V.

<725"

Case No. JI.*

Keveante Deshawn SMOOT

Dcjcndanlfsl

CRIMINAL COMPLAINT

1, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of _
Southern

District of

08/11/201B
Ohio

F^nklin_

in the

, the dercndanl(s) violated;

Offense Description

Code Section

18 U.S.C. 922(g)(1)

_ in the county of _

Possession of Firearm by Convicted Felon

'ITiis criminal complainl is based on these facts:
Please See Attached

Sf Continued on the attached sheet.

Compl<iiiUiiU s sigiiartirc
Jerry Orick ATF Task Force Officer #2307
Primed name and liile

Sworn to before me and signed in my presence.

Date:

J
Judge t sigimluie

City and state: Joi

Chelsey M.Vascura, U.S. Magistrate Judge
Printed name and title

 Case: 2:18-mj-00928-CMV Doc #: 1 Filed: 12/20/18 Page: 2 of 4 PAGEID #: 2
AO 91 (Rev. I l.'l 1) Criminal Complaint

ATTACHMENT A

I, Jerry Orick, being duly sworn, depose and state that;
1have been a Police Officer with the Columbus, Ohio Division of Police since 2001. I have been a Task

Force Officer (TFO) with the United States Department of Justice, Bureau of Alcohol, Tobacco Fireanns,
and Explosives since May2005. 1am familiar with State and Federal criminal laws pertaining to
firearms and narcotics violations.

1. This afYidavil is made in support ofa criminal complaint against Kcvcante Dcshawn SMOOT
(DOB: 05/05/1992) for a violation of Title 18, United States Code, Section 922(g)(1): Possession
of a firearm and/or ammunition by a convicted felon. The statements in this affidavit are based
upon my training and experience, consultation with other experienced investigators and agents,
consultation with Columbus Division of Police (CPD) Detectives / ATF Task Force Officers who
arc assisting directly in this investigation, review of related police reports, and other sources of
infonnation relative to fireanns investigations. This affidavit is intended to set forth probable
cause in support of the criminal complaint and docs not purport to set forth all of my knowledge
regarding this investigation.

2. SMOOT has multiple prior felony convictions received in the Franklin County Court of Common
Pleas, OH, each of which was punishable by a term of imprisonment of more than one (1) year.
On or about 01/11/2012, SMOOT entered a guilty plea in Case Number 11CR003696-Attcinpted

Robbery, a felony of the 4''^ degree. On or about 01/11/2012, SMOOT entered a guilty plea in
Case Number 11CR004728- Receipt of Stolen Property, a felony of the 4''' degree. On or about
01/11/2012, SMOOT entered a guilty plea in Case Number 1ICR004727- Thcll, a felony of the

3"^ degree.
3. On 08/11/2018, Columbus, Ohio Division of Police Officers responded to Weinland Park, 1280
Summit Street, Columbus, Ohio 43201 on a call for service regarding several shots fired with
multiple victims shot at the public park. Two of the reported victims were adults and two were
juveniles (8 years of age atid 10 years of age). SMOOT was identified as a victim in the shooting.

4. Immediately after the aforementioned shooting, Keveante Dashawn SMOOT was transported to a
local hospital by his associate Joeron McDonald. SMOOT received medical care for a gunshot
wound to his arm.

5. The vehicle driven by McDonald was seized as evidence out of the shooting and a search warrant
was later executed on the vehicle. During the search of the vehicle, investigators discovered an
SCCY, 9mm pistol bearing serial number 018228 in the glove compartment of (he vehicle.
6. The SCCY Industries, 9mm pistol bearing serial number 018228 cellular material was collected
from the firearm by the Columbus, Ohio Division of Police Crime Laboratory and entered into the
Combined DNA Index System (CODIS). The Columbus, Ohio Division of Police Crime
Laboratory was later notified of a CODIS hit to the cellular material located on the fireann. The
cellular material located on the fireann was determined to have originated from Keveante
Deshawn SMOOT.

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A09I (Rev. ll/lljCriminalComplainl

7. On 12/17/2018, investigalors reviewed Ohio Department oFRchabilitation and Corrections
(ODRC) JPAY/ email correspondence from customer identification number 20092272, Kcveante
SMOOT. In several JPAY emails, SMOOT informs ODRC inmates that he was shot in the arm

on 08/11/2018. SMOOT also provides a cellular telephone number for the inmates to call so he
can provide more details to them regarding who else was discharging fireanns at Weinland Park.
SMOOT informed the inmates of the cell phone number (937-521-XXXX) of the mother ofhis
children and stated that he (SMOOT) would accept the calls.

8. Based on the above-referenced JPAY emails, an investigative subpoena was requested for all
ODRC inmates that called the number SMOOT provided (937-521-XXXX) for the dates of
08/11/2018 to 12/17/2018. Eighteen (18) calls were identified and investigators reviewed and
transcribed those calls. During one call. SMOOT provides his new cell number (614-603-XXXX)
to an ODRC inmate to receive additional calls. The ODRC inmate later calls SMOOT's new cell

phone number (614-603-XXXX) and SMOOT states that he possessed a fireann at the Weinland
Park shooting and added that he fired shots during the shooting.
9. On 12/17/2018, a federal DNA search warrant for SMOOT was signed by U.S. Magistrate Judge
Vascura to later compare the CODIS hit sample to cellular material taken from SMOOT's person.

10. On 12/18/2018, investigators called the number provided by SMOOT in the JPAY emails (937521-XXXX) and asked if the called person could have SMOOT contact them. SMOOT called
investigators back from cellular telephone 614-603-XXXX and agreed to surrender a sample of
his cellular material to investigators on 12/19/2018 at a predetermined location.
11. TFO Orick received a verbal Interstate Nexus Determination, which was conducted by ATF
Special Agent Jason Burns on the aforementioned fireann to delcnninc the origin and status as to
travel in interstate and/or foreign commerce. SA Bums is an ATF Interstate Nexus Expert, is a
graduate of the ATF Fireanns Interstate Nexus Training School, and is certified in making
fireanns and ammunition interstate nexus delenninations. SA Bums detcnnincd that the

aforementioned fireann, specifically the SCCY Industries, 9mm pistol bearing serial number
018228, seized from the vehicle SMOOT exited the hospital at on 08/11 /2018, was not
manufactured in the State of Ohio; and, therefore moved/affected interstate/foreign commerce to
arrive in the State of Ohio.

12. The aforementioned offense occurred in Franklin County, Ohio, in the Southern Judicial District
of Ohio.

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A091 (Rev. ll/lDCriminalComplainl

13. Based upon (he aforementioned information and events, and your affiant's training and experience
in dealing with Federal flreanns violations, your affiant believes that probable cause exists to
believe that before or 08/11/2018, Keveante Dcshawn SMOOT, a previously convicted felon, did
possess a firearm which was not manufactured in the state of Ohio and therefore travelled in
and/or affected interstate commerce, in violation of Title 18, United Slates Code, Section
922(g){l).

Jcny<5ri^/VtP Task F^ime Officer

Sworn to before me and signed in my presence.

The Honorable Chclsey M. Vascura
U.S. MAGISTRATE JUDGE
SOUTHERN DISTRICT OF OHIO

Date