Case: 2:18-mj-00929-CMV Doc #: 1 Filed: 12/20/18 Page: 1 of 3 PAGEID #: 1 AO 91 (Rev. 0!l/09) Criminsl ComplniiU United States District Court for the Southern District of Ohio United States of America V. CaseNo. Cornelius ALLEN . Cj2.'=\ Defiitdanl(s} CRIMINAL COMPLAINT 1, the complainant in this case, state that the following is true to the best ofmy knowledge and belief. On or about the dale(s) of Southern District of Code Section 18U.S.C. 922{gK1) 08/11/2018 Ohio in thecounty of Franklin in the , the defendant(s) violated: Offense Description Possession of Firearm by Convicted Felon This criminal complaint is based on these facts; Please See Attached Sf Continuedon the attachedsheet. Coinplainani's signaiure Jerry Prick ATF Task Force Officer #2307 Printed name and title Sworn to before me and signed in my presence. Date: ' \ City and state: Co . OV"^ Chelsey M. \^scijra?!)'.^'."feagistrate Judga Printed mime and title Case: 2:18-mj-00929-CMV Doc #: 1 Filed: 12/20/18 Page: 2 of 3 PAGEID #: 2 A09I (Rev. [/I1)Crimina(Camp1alni ATTACHMENT A 1, Jerry Orick, being duly sworn, depose and statethat; 1havebeen a Police Officer with the Columbus, Ohio Division of Policesince 2001. I have been a Task Force Officer (TFO) with the United States Department of Justice, Bureau of Alcohol, Tobacco Firearms, and Explosives (ATF) since May 2005. I am familiar with State and Federal criminal laws pertaining to fireanns and narcotics violations. 1. This affidavit is made in support of a criminal complaint against Cornelius ALLEN (DOB: 11/9/1980) for a violation ofTitle 18, United Stales 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 withother 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 information relative to firearms investigations. This affidavit is intended to set forth probable cause in support of the criminal complaint and does not purport to set forth all of my knowledge regarding this investigation. 2. ALLEN has multiple felony convictions in the Franklin County Court of Common Pleas, Ohio, each of which was punishable by a term of imprisonment of more than one (1) year. On or about 7/26/2001, ALLEN entereda guilty plea in Case Number 00CR003728-Possession of Drugs,a felony of the 4"' degree. On orabout 7/26/2001, ALLEN entered a guilty plea in Case Number 01CR000820-Posscssion of Drugs, a felony of the 4"' degree. On orabout 7/26/2001, ALLEN entered a guilty plea in Case Number 00CR00168l-Po.ssession of Drugs, a felony ofthe 4"' degree. On or about 1/10/2003, ALLEN entered a guilty plea in Case Number 00CR003728Participation in a Criminal Gang, a felony of the 2"'' degree. On orabout 1/12/2010, ALLEN entered aguilty pica in Case Number 00CR003728-Wcapons Under Disability, a felony ofthe 3"* degree. On or about 11/10/2011, ALLEN was found guilty by a jury in Case Number 10CR007172-Engaging in Corrupt Activity, a felony of the 1"' degree and Participating in a Criminal Gang, a felony of the 2"'^ 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 imiltiple victims shot. Two of the reported victims were adults and two were juveniles (5 years of age and 10 years of age). 4. ALLEN was identified by multiple witnesses as being at scene during the shootin. One witness stated ALLEN was standingwithin feet of the witness when the incidentoccurred. ALLEN was interviewed byColumbus, Ohio Division of Police Detective Polgar and during the interview ALLEN admitted to being at the scene of the shooting earlier in theday but denied being present at the scene during the shooting. 5. On08/12/2018, a Kel-Tec, 9mm pistol bearing serial number SE368 was recovered from the shooting scene. Cellular material was collected from the firearm bythe Columbus, Ohio Division of Police Crime Laboratory and entered into theCombined DNA Index System (CODIS). The Case: 2:18-mj-00929-CMV Doc #: 1 Filed: 12/20/18 Page: 3 of 3 PAGEID #: 3 AO 91 (Rev. 11/11) Criminal Compliiint Columbus, Ohio Division of Police Crime Laboratory was later notified of a CODIS hit to the cellular material located on the firearm. The cellular material located on the firearm was determined to have originated from Cornelius ALLEN. 6. On 12/13/2018, iiDNA (cellular material) .search warrant was executed on the body ofCornelius ALLEN. The DNA (cellular material) was turned in to the Columbus, Ohio Division of Police Crime Laboratory and a comparison between the DNA (cellular material) collected from the KelTec, 9mm bearing serial number SE368 and the DNA (cellular material) collected fi-om the body of ALLEN was requested. 7. On 12/20/2018, the Columbus, Ohio Division ofPolice Crime Laboratory reported that ALLEN could not be excluded as a contributor to the DNA collected from the previously noted firearm. 8. TFO Orick received a verbal Interstate Nexus Determination, which was conducted by ATF Special Agent Jason Burns on the aforementioned firearm to determine the origin and status as to travel in interstate and/or foreign commerce, SA Bums is an ATF Interstate Nexus Expert, is a graduate ofthe ATF Firearms Interstate Nexus Training School, and is certified in making fircarm,s and ammunition interstate nexus determinations. SA Bums determined that the aforementioned fireann, specifically the Kcl-Tec, 9mm pistol bearing serial number SE368 was not manufactured in the State of Ohio and therefore moved/affected interstate/foreign commerce to arrive in the State of Ohio. 9. The aforementioned offenseoccurred in Franklin County, Ohio, in the Southern Judicial Distnct of Ohio. 10. Based upon the aforementioned information and events, and your affiant's training and experience in dealing with Federal firearms violations, your affiant believes that probable cause exists to believe that on or about 08/11/2018, Cornelius ALLENra-previously convicted felon, didpossess a firearm which was not manufactured in the stale of Ohio and therefore travelled in and/or affected interstate commerce, in violation of Title 18, United Slates Code, Section 922(g)(1). k, ATF Task Force Officer Sworn to before me and signed in my presence. fx-10 - ir The Honorabl5T3Iizabeth Preston ueavers U.S. MAGISTRATE JUDGE SOUTHERN DISTRICT OF OHIO Chelsey M. Vascura, U.S. Magistrate Judge Date