AO 9 1 (Rcv. l 1 /1 1 ) Criminal Complaint

U NITED STATES D ISTRICT COURT

for the

Southeln District of Florida

United States of America

V.

David Alan Early, C NO ---2 ' V -1 ''-R z ' &SC . ; % . 

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CR IM IN AL CO M PLAIN T

1, the complainant in this case, state that the following is true to the best of my know ledge and belief.

On or about the datets) of June 11, 2020. in the county of Broward in the

Southern District of Florida , the defendantts) violated:

Code Section

18 U.s.c. 922(g)(1)

18 U.s.C. 924(c)(1)(A)

Oyense Description

Possessiop of a Firearm and Ammunition by a Convicted Felon

Possession of a Firearm In Furtherance of a Drug Trafficking Crime

This criminal complaint is based on these facts'.

See attached Affidavit.

d Continued on the attached sheet.

Conlplainant 's signature

Alfredo Armenteros, ATF Task Force Officer

Printed name and title

Attested to by the applicant in accordance with the requirements of

Fed. R. Crim. P. 4. 1 by lt, a -)'v., p - .

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city and state. Fort Lauderdale, Florida Patrick M. Hunt, U.S. Magistrate Judge

Printed name and title

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AFFID AVIT

1, A lfredo A rm enteros, being duly sw orn, hereby depose and state the following:

IN TRO DU CTION AN D AG EN T BA CK GR O UND

I am a Task Force O fficer w ith the Bureau of A lcohol, Tobacco, Firearm s

and Explosives (1(ATF'') assigned to the Gun Task Force, and have served in this

capacity since 20 1 6. A s an A TF Task Force O fficer, I have received training in and

participated in investigations involving illegal possession of firearm s and am m unition by

prohibitèd persons, and other firearms offenses. For the past thirteen (1 3) years, I have also served

as a Detective with the Miami-Dade Police Department (MDPD).

l m ake this Affidavit in support of a crim inal com plaint charging DA W D ALAN

EARLY with possession of a firearm and ammunition by a convicted felon, in violation of Title

l 8, United States Code, Section 922(g)(1), and possession of a firearm during a drug trafficking

crime, in violation of Title 18, United States Codes Section 924(c)(1)(A).

3. l submit this Affidavit based on my personal knowledge, as well as information

provided to me by other individuals, including other law enforcem ent officials, and m y review of

records and other evidence obtained during the course of this investigation. Because this A ffidavit

is being subm itted for the lim ited purpose of establishing probable cause for the requested warrant,

it does not include every fact know n to m e about this m atter.

PRO BABLE CAU SE

Kelvin Stanley Dave Jr.

4. On or about June 12, 2019, law enforcem ent seized a tirearm and a controlled

substance from a vehicle operated by Kelvin Stanley Daye Jr. (6(Daye''). Daye was not the

registered owner of the vehicle.

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5. On or about July 9, 2019, your affiant interviewed the ow ner of the vehicle that

Daye was driving at the time of his June 12, 2019, arrest (see Paragraph 4). Your affiant advised

the owner that 1aw enforcement had arrested an individual using her vehicle and found a firearm

within it. The ow ner denied ow nership of the firearm , adding that she did not own any firearm s

nor did she ever purchase one. The owner claimed that she allowed another female to drive her

vehicle but would not identify the fem ale's full nam e and claim ed not to rem em ber when she

allow ed the unidentified female to use the vehicle. W hen your affiant asked the owner if she knew

Daye, the owner asked if Daye was the individual arrested in her vehicle. Aûer answering in the

affirm ative, the owner claimed that she m ight ow n the firearm in question. Your affiant advised

the owner of her M iranda rights. The owner requested an attorney.

6. On or about August 29, 20l 9, a federal grandjury in the Southern District of Florida

returned a three-count, sealed indictment against Daye (19-20547-CR-COOKE, DE 1-2). The

indictm ent charges Daye with one count of possession w ith intent to distribute a controlled

substance, in violation of Title 2l, United States Code, Section 841(a)(l); one count of possession

of a firearm and am m unition by a convicted felon, in violation of Title 18, United States Code,

Section 922(g)(1); and one count of possession of a firearm in furtherance of a drug trafficking

crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i).

Search for Daye

On or about Septem ber 17, 2019, law enforcement approached the residence

located at XXXX NW 7th Street, Apt. 202, Fort Lauderdale, Florida 333 1 1 (the ûslkesidence''),

believing this to be Daye's address. Upon m aking contact w ith an occupant of the Residence, your

affiant advised that they had a federal arrest warrant for Daye. A fter the occupant consented to a

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search of the Residence for Daye, law enforcem ent began search for D aye but could not locate

him . The occupant advised that Daye m ight be residing in M iam i but w as unaw are of the address.

s. On or about October 28, 2019, United States District Judge M arcia Cooke

transferred the case to fugitive status (19-20547-CR-COOKE, DE 5).

9. ln or around January 2020, your affiant spoke w ith S.H ., who is Daye's girlfriend

and the m other of his children. S.H . resided at the Residence. S.H . stated that Daye did not live

with her, adding that she w as upset w ith him because he m ay have fathered a child w ith a different

woman. Your affiant advised S.H. that there w as a federal warrant for Daye.

After being unable to locate Daye, your affiant requested assistance from the United

States Marshal Service (ûIUSMS'') Task Force to locate him. ln February 2020, USM S advised

your aftiant that they believe Daye w as residing at the Residence and intended to conduct

surveillance. That sam e m onth, while conducting surveillance of the Residence, USM S observed

S.H. arriving in the parking Iot late 0ne night. She exited her vehicle with a black male matching

the description of Daye. W hen the individual believed to be D aye exited the vehicle, he put the

hood of his sweatshirt over his head in order to m ask his identity. U SM S did not effectuate an

arrest that night.

Due to the COV lD-l9 pandem ic, law enforcem ent suspended surveillance

activities for a few m onths.

David Alan Earlv

On or about June 1 1, 2020, at approxim ately 9:25 a.m ., your affiant and another

ATF Task Force Officer CTFO l '') conducted surveillance of the Residence in an attempt to locate

Daye. A pproxim ately tive m inutes later, your affiant observed a D odge Avenger, silver in color,

bearing tag CRLI 138, reverse-parking into the parking space directly in front of the Residence.

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An unknow n black m ale - later identified as David Alan Early - exited the front driver seat of the

vehicle and ran into the Residence. A black fem ale - later identified as H .M .M . -exited the front

passenger side of the vehicle and stood by the front passenger door. Less than five m inutes later,

Early exited the apartm ent, walked up to H.M .M , and stood by her. W hile speaking w ith H .M .M .,

Early leaned down and peered into the vehicle as if he was speaking with som eone in the backseat.

Aûer approxim ately five m inutes, Early and H.M .M . reentered the vehicle and drove out of the

parking space. Rather than taking an imm ediate right and exiting the parking lot, Early m ade a leû

turn and drove slow ly around the entire parking lot before m aking his way towards the exit. Upon

reaching the stop sign, law enforcem ent initiated a traffic stop in order to determ ine if there Was

another individual in the backseat of the vehicle and if so, w hether that individual w as Daye. Two

task force officers (iTFO 2 and TFO 3') approached the vehicle from the front while your aftiant

and TFO l approached from the rear of the vehicle. As soon as Early's vehicle cam e to a stop, the

passenger door im m ediately opened and H .M .M . exited the vehicle. At that point, TFO 2 observed

Early reaching dow n inside the vehicle. TFO 3 im m ediately ordered Early to place his hands on

the steering wheel. Early ignored those com m ands and opened the driver door in an attempt to exit

the vehicle. TFO 3 went towards the driver door to prevent Early from tleeing. TFO 3 continued

comm anding Early to place his hands on the steering wheel. Early ultim ately com plied at which

point TFO 3 allowed Early to exit the vehicle. TFO 2 cam e over to assist TFO 3. At this tim e, TFO

2 immediately observed a firearm wedged between the driver seat and center console in plain view.

Law enforcem ent conducted a search of the vehicle and located a loaded Beretta PX4 Storm ,

bearing serial num ber PZ34596, w ith a round in the cham ber. Law enforcem ent also found a

container of bleach with a false bottom. W ithin the false bottom were thirty-one (3 1) individually

packaged baggies containing suspect marijuana, thirteen (13) individually packaged baggies of

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suspect MDMA, and twenty-one (21) individually packaged baggies containing suspect cocaine.

Law enforcement searched Early's person and seized approximately $656.00 in United States

currency. Law enforcem ent determ ined that the firearm in question was stolen. Later that same

day, law enforcem ent located Daye w ithin the Residence.

ln your affiant's training and experience, the amount of controlled substances found

in the false bottom of the bleach bottle and the manner in which they were packaged exhibit an

intent to distribute them rather than for any one person to personally consum e them . The intent to

distribute is further supported by the large am ount of cash found on Early's person, which is

consistent with street-level, narcotics sales.

In your affiant's training and experience, individuals involved in narcotics

trafficking m ay possess, carry, and use firearm s in order to protect their drug supply and/or drug

proceeds.

A subsequent review of Early's crim inal history revealed that he was previously

convicted of a crim e punishable by im prisonm ent exceeding one year, that is, a felony. Early had

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previously served a term of imprisonment exceeding one year.

16. The Beretta PX4 Storm , bearing serial num ber PZ34596, and am m unition had

previously traveled in and/or affected interstate and/or foreign com m erce prior to Early's

possession of them .

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CO NCLUSION

17. Based on the inform ation provided above, l respectfully subm it that there exists

probable cause to believe that, on or about June l 1, 2020, in Brow ard County, in the Southern

D istrict of Florida, D avid A lan Early com m itted the following federal crim es:

@ Count 1 - Possession of a firearm and am m unition by a convicted felon, in violation of

Title l 8, United States Code, Section 922(g)(1), and

* Count 2 - Possession of a firearm during and in furtherance of a drug trafficking crim e, in

violation of Title 18, United States Code, Section 92 c)( l)(A).

FURTH ER Y OUR A FFIANT SAYETH NAU GH T

A lfredo Arm enteros, TFO

BUREA U OF ALCOHOL, TOBA CCO,

FIREARM S, AN D EXPLO SIVES

Attested to by the applicant in accordgnce with the requirements of Fed. R. Crim. P. 4.1

by ..( , .,t (s, ,, t f-pp. on - ,.f / l this l 1- '.' 6-1 day ot-rl. 'k f , 2020.

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PATRICK M . HU N '

UN ITED STATES M A GISTRATE JUDGE

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