Case 2:22-mj-30196-DUTY ECF No. 1, PageID.

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AO 91 (Rev. ) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
Eastern District of Michigan

United States of America

v. Case: 2:22−mj−30196
Assigned To : Unassigned
Case No. Assign. Date : 4/26/2022
Marcellus CORNWELL
Description: CMP USA v. SEALED
MATTER (SO)

CRIMINAL COMPLAINT

I, 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 March 16, 2022 in the county of Wayne in the
Eastern District of Michigan , the defendant(s) violated:
Code Section Offense Description

18 U.S.C. 922(g)(1) Felon in possession of a firearm

This criminal complaint is based on these facts:

Continued on the attached sheet.

Complainant’s signature

Special Agent Jameria Caldwell - ATF

Printed name and title
Sworn to before me and signed in my presence

Date: April 26, 2022 Judge’s signature

City and state: Detroit, Michigan Honorable Jonathan J.C. Grey, U.S. Magistrate Judge
Printed name and title
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AFFIDAVIT IN SUPPORT OF
CRIMINAL COMPLAINT

I, Special Agent (SA) Jameria Caldwell, being first duly sworn, hereby depose

and state as follows:

I. INTRODUCTION

1. I make this affidavit in support of a criminal complaint for Marcellus

CORNWELL (XX/XX/1979), a felon in possession of firearms, in violation of

Title 18 U.S.C. § 922(g)(1).

2. I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms

and Explosive (ATF) and have been for approximately six years. During my

employment with the ATF, I have participated in numerous criminal investigations

focused on firearms, narcotics, armed drug trafficking violations, and criminal

street gangs.

3. I make this affidavit from personal knowledge based on my

participation in this investigation, with exception of the matters expressly stated,

which are based on information received from other law enforcement officials

and/or their reports and records.

4. The information outlined herein is provided for the limited purpose of

establishing probable cause and does not contain all details or facts that exist

pertaining to the investigation.

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5. I am investigating Marcellus CORNWELL (XX/XX/1979), for

possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1).

II. INVESTIGATION AND PROBABLE CAUSE

6. On January 7, 2022, the ATF received an anonymous tip that a person

named Marcellus had a vending machine on the side of his house that he used to

sell marijuana and pills. The tip further provided that Marcellus has numerous

firearms and is selling drugs and firearms to minors.

7. On January 11, 2022, I reviewed the anonymous tip prior to reviewing

an intelligence work-up. This intelligence work-up revealed that a black, male

(B/M) named Marcellus CORNWELL, (XX/XX/1979), is a previously convicted

felon, with an address on Mettetal. According to a Secretary of State (SOS) query,

on January 5, 2022, CORNWELL renewed his driver’s license, listing the house on

Mettetal as his address. At this time, I also reviewed the accompanying SOS

photograph of CORNWELL.

8. I then reviewed a computerized criminal history (CCH) for

CORNWELL, which revealed the following felony convictions:

1997- Armed Robbery – 3rd Circuit Court

1997- Felony Firearm – 3rd Circuit Court
2008- Carrying a Concealed Weapon – 3rd Circuit Court
2009- Firearms- Possession by a Felon – 6th Circuit Court
2009- Felony Firearm – 6th Circuit Court
2011- Identity Theft (Three Counts) – 3rd Circuit Court

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9. CORNWELL was sentenced to more than one year in prison for each

of these prior convictions.

10. I, along with additional members of the ATF, conducted surveillance

at the residence and participated in two controlled suspected marijuana purchases

from the marijuana vending machine during the months of February 2022 and

March 2022. Specifically, ATF purchased approximately 5.28 gross grams of

suspected marijuana on February 18, 2022, and on March 1, 2022, approximately

4.10 gross grams of suspected marijuana. Based on these facts, on March 14, 2022,

I sought and obtained Federal Search Warrant: 2:22-mc-50612, authorizing the

search CORNWELL’S last known address on Mettetal, in Detroit, Michigan. The

search warrant was authorized by Magistrate Judge David Grand.

Federal Search Warrant Execution

11. On March 16, 2022, at approximately 7:05 a.m., law enforcement

personnel executed the above-listed Federal Search Warrant. Our presence and

purpose was announced at the door by stating; “Police, Search Warrant, Open the

door” multiple times. Agents observed an individual appear briefly in the upstairs

bedroom and quickly disappear. After waiting a reasonable amount of time with no

additional response from within, we forced entry into the residence. Upon entry,

ATF located one man in the living room, near the front door and Marcellus

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CORNWELL (XX/XX/1979) coming down the steps. Both were detained in the

living room.

12. During the execution of the search warrant, members of the ATF

recovered eighteen (18) firearms throughout the residence, dozens of rounds of

assorted ammunition throughout the residence, and several kilograms of suspected

marijuana throughout the residence. Specifically, the following firearms and

ammunition were recovered:

Masterpiece Arms, Model: Defender, 9mm caliber pistol, S/N:

FX17839, found in the gun safe in the basement;

Volunteer Enterprises Inc., Model: Commando Mark 3, .45 caliber

rifle, S/N: 23528, found in the gun safe in the basement;

Davis Industries, Model: DM22, .22 caliber pistol, S/N: 046676,

found in the gun safe in the basement;

Com Prod Inc., Model: CDM, .22 caliber revolver, S/N: 172989,

found in the gun safe in the basement;

Weihrauch, Model: Windicator, .357 caliber revolver, S/N:

1043364, loaded with five (5) rounds of .357 caliber ammunition,

found in the gun safe in the basement.

GIVATI Firearms, Model: RT9, 9mm caliber, semiautomatic

pistol, S/N: MJP0165, found in the gun safe in the basement;

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American Tactical, Model: Omni-Hybrid, 5.56 / Multi caliber

pistol, S/N: NS105977, found in the gun safe in the basement;

Chongqing Jianshe Industry Group (JTS), Model: M12AR, 12-

gauge caliber semiautomatic shotgun, S/N: AR2003706, found in

the gun safe in the basement;

Goodtime Outdoors Inc., Model: Core 15, .223 – 5.56 caliber rifle,

S/N: GT0C089606, found in the gun safe in the basement;

Western Field (Mossberg), Model: M550ABD, 12-gauge shotgun,

S/N: H240360, found in the gun safe in the basement;

Glock, Model: 27, .40 caliber pistol, S/N: BSBV738 loaded with

nine (9) rounds of .40 caliber ammunition, found in the gun safe in

the basement;

Bushmaster, Model: XM15-E2S, .223 – 5.56 caliber

semiautomatic rifle, S/N: BFI441828, found in the gun safe in the

basement;

Romarmsa – Cugir, Model: GPWASR-10/63, 7.62 x 39 caliber

rifle, S/N: 1986RE3413, found in the gun safe in the basement;

Rock River Arms, Model: LAR15, 5.56 caliber, S/N: KT1182150,

found in the gun safe in the basement;

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Glock, Model: 19, 9mm caliber semiautomatic pistol, S/N:

NLR040, found in the gun safe in the basement;

Taurus, Model: G3C, 9mm caliber pistol, S/N: ACA412490,

loaded with twelve (12) rounds of 9mm Luger ammunition, found

in the gun safe in the basement;

SCCY, Model: CPX-1, 9mm caliber semiautomatic pistol, S/N:

C219348, found in the gun safe in the basement;

Smith & Wesson, Model: SD 40VE, .40 caliber semiautomatic

pistol, S/N: FDN2592, found in the gun safe in the basement;

Box of approximately one hundred and forty-three (143) rounds of

assorted ammunition approximately found in the gun safe in the

basement.

One (1) Pro Mag Drum Pistol magazine, one (1) SCCY pistol

magazine, and one (1) Smith & Wesson magazine found in the gun

safe in the basement.

Thirty-three (33) rounds of assorted 9mm and .40 caliber

ammunition found on the desktop and throughout the dining room.

Two (2) boxes of .380 caliber ammunition containing fifty-seven

(57) rounds found in the nightstand by the bed of CORNWELL’s

bedroom.

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Fifteen (15) rounds of 12-gauge ammunition and 1 round of 20-

gauge ammunition found in the nightstand near door of

CORNWELL’s bedroom.

Five (5) rounds of 12-gauge ammunition found loaded in a

magazine in the nightstand by the bed of CORNWELL’s bedroom.

Twenty-five (25) rounds of .223 caliber ammunition found loaded

in a magazine in the nightstand by the bed of CORNWELL’s

bedroom.

Thirteen (13) rounds of .223 caliber ammunition found in the

nightstand in the closer of CORNWELL’s bedroom.

13. Ultimately, CORNWELL was taken to a secured location at the

residence, at which time I, in the presence of another agent, provided

CORNWELL with a copy of ATF form 3200.4- Advice of Rights and Wavier.

CORNWELL stated he had some college education and can read and write

English. I then read CORNWELL his Miranda rights. CORNWELL agreed to

speak to agents and acknowledged his rights by placing his initials next to each

one and signing the document.

14. During the interview, CORNWELL advised that he has resided at the

Mettetal address his entire life and occupies the upstairs bedroom with the safe in

front of the dresser near the bedroom door. CORNWELL has owned and operated

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the marijuana vending machine attached to the residence for four (4) years,

making approximately $2,000 per day. CORNWELL stated that the other man in

the house is his employee and resides at the residence as well. CORNWELL

advised that there is approximately $7,000 in United States currency located in the

safe in his bedroom, which he unlocked for ATF agents utilizing his fingerprint,

an unknown amount of United States currency on the nightstand in his bedroom,

and approximately $5,700 in United States currency in the bag located in the

dining room. CORNWELL continued to state that he makes the majority of his

living from the marijuana vending machine.

15. Ultimately, CORNWELL advised that the firearm magazines and

ammunition recovered from his bedroom belong to the firearms recovered in the

gun safe located in the basement of the residence. CORNWELL went on to state

that he obtained or purchased most of the firearms in the safe from individuals off

the street except the Volunteer Enterprises Inc., Model: Commando Mark 3, .45

caliber rifle, S/N: 23528, and the Chongqing Jianshe Industry Group (JTS),

Model: M12AR, 12-gauge caliber semiautomatic shotgun, S/N: AR2003706,

which were birthday gifts, the American Tactical, Model: Omni-Hybrid, 5.56 /

Multi caliber pistol, S/N: NS105977, which does not belong to him, and the

Bushmaster, Model: XM15-E2S, .223 – 5.56 caliber, semiautomatic rifle, S/N:

BFI441828, and the GIVATI Firearms, Model: RT9, 9mm caliber semiautomatic

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pistol, S/N: MJP0165, which he was storing for a relative while they were out of

town. CORNWELL also advised that he has had most of the firearms for less than

three (3) years.

16. CORNWELL advised that he is a collector of firearms and that he is

aware he is not allowed to possess firearms.

17. A law enforcement database query revealed that the Taurus, Model:

G3C, 9mm caliber pistol, S/N: ACA412490, was reported stolen on November 20,

2021, out of Southfield, Michigan. The Smith & Wesson, Model: SD 40VE, .40

caliber semiautomatic pistol, S/N: FDN2592, and the SCCY, Model: CPX-1,

9mm caliber semiautomatic pistol, S/N: C219348, was reported stolen on

November 18, 2021, out of Detroit, Michigan.

18. Lastly, on March 16, 2022, I contacted SA Jacobs, an expert in the

Interstate Nexus of firearms and ammunition. SA Jacobs stated that the firearms

recovered are firearms as defined by federal law and was manufactured outside

the state of Michigan and therefore traveled in and affected interstate commerce.

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III. CONCLUSION

19. Based on the aforementioned facts, probable cause exists that Marcellus

CORNWELL, a convicted felon, did knowingly and intentionally possess a

firearm, which traveled in and affected interstate commerce, in violation of Title

18 U.S.C. § 922(g)(1).

Respectfully submitted,

_________________________________________
Special Agent Jameria Caldwell
Bureau of Alcohol, Tobacco, Firearms
and Explosives

Sworn to before me and signed in my presence

and/or by reliable electronic means

_____________________________
Honorable Jonathan J.C. Grey
United States Magistrate Judge

Date: April 26, 2022

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