UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA -vJOSEPH DONABY, a.k.a.

Bummy Jack Dated: August 4, 2011

AFFIDAVIT IN SUPPORT OF COMPLAINT AND ARREST WARRANT I. INTRODUCTION I, Kurt Wheeler, a Special Agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives, having been duly sworn, state: 1. I am a Special Agent employed by the Bureau of Alcohol, Tobacco, Firearms and

Explosives (ATF). As such, I am a law enforcement officer of the United States within the meaning of Section 25l0(7) of Title 18 of the United States Code, that is, an officer empowered by law to conduct investigations of, and make arrests for, offenses enumerated in Section 2516 of Title 18. I have been a Special Agent with the ATF since August of 1998. I attended the United States Treasury Department's Criminal Investigator's School and the ATF's New Agent Training, both located in Glynco, Georgia, for a combined period of 26 weeks. Prior to that, I was a police officer in Kennebunkport, Maine for ten years. I have received training, both formal and on-the-job, in the provisions of the federal firearms and narcotics laws administered under Titles 18, 21 and 26 of the United States Code. I have been involved in hundreds of investigations involving violations of federal firearms and narcotics laws. I also have been involved in numerous investigations resulting from information received from confidential informants that have resulted in the purchase and seizure of contraband and the arrest of subjects 1

for violations of the United States Code and the Connecticut General Statutes. Through my training and experience, I have become familiar with nomenclature and street terminology as it relates to narcotics and firearms. I also have participated in surveillance, and interviewed and debriefed arrestees and confidential sources relating to criminal investigations. 2. The statements contained in this affidavit are based on: (1) my personal

participation in the investigation; (2) information provided by Special Agents of the ATF and by detectives and officers of the New Haven Police Department and other law enforcement officers; (3) information provided by confidential informants and cooperating witnesses; (4) toll records analysis; (5) physical surveillance; (6) seizures of a firearm and ammunition; (7) consensually monitored calls, and (8) my experience and training, as well other information. Unless otherwise indicated, all conversations and statements described in this affidavit are related in substance and in part. 3. Because this affidavit is being submitted for the limited purpose of establishing

probable cause for the issuance of an arrest warrant, I have not included each and every fact known to me regarding this investigation. Rather, I have set forth only those facts that I believe are necessary to establish probable cause. II. DESCRIPTION OF THE SUBJECT 4. Based on the facts set forth below, there is probable cause to believe and I do

believe that JOSEPH DONABY has committed the offense of possession of a firearm and ammunition by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), and possession of an unregistered sawed-off rifle, in violation of Title 26, United States Code, Sections 5841(a), 5845(a)(2), 5861(d) and 5871.

5.

DONABY has several prior convictions in the Superior Court of the State of

Connecticut for crimes punishable by imprisonment for a term exceeding one year, including: (1) Larceny 2, in violation of Connecticut General Statutes 53a-123, on or about June 16, 1999; (2) Burglary 3, in violation of Connecticut General Statutes 53a-103, on or about December 16, 2008; (3) Burglary 3, in violation of Connecticut General Statutes 53a-103, on or about December 22, 2008; (4) Carrying a dangerous weapon, in violation of Connecticut General Statutes 53-206, on or about January 6, 2011. DONABY was also convicted in the United States District Court for the District of Connecticut of possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2), on or about July 9, 2002, III. FACTUAL CIRCUMSTANCES A. 6. Attempted controlled purchase of a firearm On June 23, 2011, a confidential informant (CI) advised ATF agents that an

individual he knew as Bummy Jack had called the night before and stated that he had a sawedoff shotgun for sale for $350. The CI described Bummy Jack as a Black male, approximately 6'4" and 250 pounds with long dread locks. The CI, at the direction of law enforcement, then placed a recorded call to Bummy Jack at 203-393-8200, which the CI stated was Bummy Jacks cellular telephone number. Bummy Jack answered the call and agreed to meet the CI in New Haven, Connecticut, in order to conduct the sale of the weapon. 7. At approximately 5:43 p.m., at the direction of law enforcement, the CI placed a

second recorded call to Bummy Jack at 203-393-8200. During the call, Bummy Jack stated that he would meet the CI in the area of Whalley Avenue and Blake Street in New Haven. Officers searched the CI for money, contraband and weapons with negative results. Officers then

provided the CI $400 in ATF funds and provided with audio and visual recording equipment. The CI was then surveilled as he began to drive to the area of Whalley Avenue and Blake Street. However, as described below, en route to the location, ATF Task Force Officers heard radio transmissions related to the arrest of an individual who was in possession of a sawed-off firearm in the area of the designated meet location. Accordingly, the attempted controlled purchase of the firearm was cancelled. B. 8. DONABY observed in possession of a sawed-off rifle On June 23, 2011, at approximately 6 p.m., New Haven Police Department

Dispatch notified officers via police radio that Shot Spotter had detected on gun shot on Blake Street in between Osborn Avenue and Diamond Street. Shot Spotter is a computerized system that has sensors throughout New Haven capable of detecting the location of gun shots through the monitoring of sound waves. 9. Police Officers Christopher Senior and Ekrem Halim, of the New Haven Police

Department Street Interdiction Unit, responded to the area where the gun fire was detected. As they did, they saw an individual who was later identified as JOSEPH DONABY walking quickly on Blake Street across Osborn Avenue. DONABY was dressed in a hooded sweatshirt and long pants. The officers pulled alongside DONABY and stopped their car. As Officer Senior began to get out of the car, DONABY looked at him, said oh shit, grabbed at a bulging object in his front waistband area and began to run on Blake Street. 10. Officer Senior pursued DONABY on foot while Officer Halim pursued in the

police car. As he ran, DONABY continually moved his hands toward the front of his body and attempted to remove a large object from his waistband area.

11.

Officer Halim pulled his car in front of DONABY in an effort to cut off his path

of escape. DONABY jumped over the right fender of the police car, rolled over the hood of the vehicle and ran into the yard toward the rear of 96 Blake Street. Officer Senior pursued DONABY into the rear of the yard at which time he saw DONABY remove a large brown and black firearm from his waist area. DONABY continued to run toward a wooden fence bordering the rear of the yard with the gun in his hand. Officer Senior ordered DONABY several times to drop the gun; DONABY refused to comply. Officer Senior drew his department-issued firearm and again ordered DONABY to drop the gun. Instead, DONABY threw his firearm over the rear fence and began to climb over the fence toward the weapon he had just thrown. 12. Officer Senior used his left hand to pull DONABY from the fence. DONABY

then turned and struck Officer Senior in the shoulder and attempted to grab Officer Seniors firearm. Officer Senior pushed DONABY away and holstered his gun. As he did so, DONABY ran toward the sidewalk in an effort to get away. Officers Senior and Halim grabbed DONABY and attempted to take him into custody. DONABY, however, continued to struggle and to strike at the officers with his fists, elbows and feet. The officers repeatedly commanded DONABY to stop fighting, and employed physical force and a single shot from a taser in an effort to place DONABY in handcuffs, but were unable to do so until a third officer arrived and provided assistance. 13. After his arrest, law enforcement officers searched DONABY and recovered a

cellular telephone from his person. The number for the cellular telephone in DONABYS possession was 203-393-8200, the same number the CI had called earlier to negotiate the purchase of the sawed-off weapon.

14.

The New Haven Police Department Bureau of Identification responded to the area

of 96 Blake Street to process the crime scene. Detective Armstead recovered the weapon near the fence where DONABY had thrown it. Inspection of the weapon revealed it to be a sawed-off Weatherby, model Mark XXII, .22 caliber semi-automatic rifle, bearing serial number N60958, with a barrel length of approximately five and one-quarter inches and an overall length of approximately 15 inches. The rifle was loaded with an ammunition magazine containing six rounds of CCI .22 long rifle ammunition. According to Title 26, United States Code, Section 5845, it is unlawful to posses an unregistered rifle with a barrel length of fewer than 16 inches or an overall length of fewer than 26 inches. 15. I have conducted an interstate nexus examination of the firearm and ammunition

recovered in this case. Based upon my training and expertise, I have determined that the Weatherby, model Mark XXII, .22 caliber semi-automatic rifle, bearing serial number N60958, was manufactured in Japan and the CCI ammunition was manufactured in Idaho. Accordingly, it is my conclusion that the firearm and ammunition traveled in interstate and/or foreign commerce prior to its recovery in Connecticut. 16. On July 8, 2011, the CI was shown an eight person photographic lineup; one of

the photographs depicted DONABY. The CI pointed to DONABYs photograph and advised that it was the individual that the CI knew as Bummy Jack. 17. An ATF investigation on the matter further indicates that DONABY has not

applied for and has not obtained the restoration of his right to possess a firearm.

IV.

CONCLUSION 18. Based on my investigation, and the investigation of others, there is probable cause

to believe and I do believe that JOSPEH DONABY has committed the offenses of possession of a firearm and ammunition by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), and possession of an unregistered sawed-off rifle, in violation of Title 26, United States Code, Sections 5841(a), 5845(a)(2), 5861(d) and 5871. Accordingly, I request the issuance of a warrant authorizing his arrest.

________________________________________ SPECIAL AGENT KURT O. WHEELER BUREAU OF ALCOHOL, TOBACCO, FIREARMS and EXPLOSIVES

Subscribed and sworn to before me 4th day of August, 2011, at Bridgeport, Connecticut.

___________________________________________ HONORABLE WILLIAM I. GARFINKEL UNITED STATES MAGISTRATE JUDGE