. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) ) ) ) ) ) ) ) ) ) CRIMINAL COMPLAINT

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1 !aaassseee 222::: mmmjjj DDDJJJWWW DDDooocccuuummmeeennnttt 111 FFFiiillleeeddd ///000444/// PPPaaagggeee 111 ooofff 555. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Fl LED FEB 0 4 tot! UNITED STATES OF AMERICA, Plaintiff, vs. DION M. JONES, Defendant. Case No. 13-MJ-8025-DJW CRIMINAL COMPLAINT I, Mike McAtee, the undersigned complainant being duly sworn, state the following is true and correct to the best of my knowledge and belief: COUNT 1 On or about February 3, 2013, in the District of Kansas, the defendant, DION M. JONES, who had been convicted in 2012, case number 2012CR0218, of Sale/Possession with the intent to sell controlled substance and Possession of untaxed marijuana, crimes which were punishable under the laws of the State of Kansas by imprisonment for a term exceeding one year, knowingly and unlawfully shipped and transported in interstate and foreign commerce, possessed in and affecting interstate and foreign commerce, and received a firearm, namely, a.40 caliber Glock pistol, Model 23, serial number HMU419, and ammunition, which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g(1 and 924(a(2. I am a Detective with the Lawrence Police Department and have been a sworn

2 !aaassseee 222::: mmmjjj DDDJJJWWW DDDooocccuuummmeeennnttt 111 FFFiiillleeeddd ///000444/// PPPaaagggeee 222 ooofff 555 police officer for over 20 years. In my official capacity, I have received over 550 hours on specialized training in regards to criminal street gangs, illegal narcotics distribution and violations related to firearms. I have investigated numerous firearm related offenses. This complaint is based on the following facts, which are known to me as a result of my personal participation in this investigation and from reports made to me by other law enforcement officers and agents: 1. On February 3, 2013, at approximately 12:55 a.m., members of the Lawrence/Douglas County Drug Enforcement Unit (DEU conducted foot patrol/directed patrol in the Club Magic parking lot located at 804 West 24 1 h Street, Lawrence, Kansas. Club Magic was the site of a concert, which had performers and attendees associated with the MOB criminal street gang from the Kansas City, Kansas metropolitan area. Investigators learned members of the MOB gang had been involved in numerous incidences involving firearm violence over several years. At similar events at Club Magic in the past, law enforcement officers have located and seized firearms and narcotics from individuals and vehicles. 2. At approximately 1:15 a.m., DEU Sergeant Mike Mclaren and I were walking through the Club Magic parking lot and looking through windows of unoccupied parked vehicles, when we observed, in "plain view," a black Glock brand handgun partially concealed under the front passenger seat of a black Chevy Impala with Kansas tag #956 ELA. I know through training and experience, that based upon City of Lawrence, Kansas ordinance # (Carrying Weapons in or Near Any Bar, that a person cannot possess a firearm and/or certain knives inside a drinking establishment and/or in the parking lot adjacent to these establishments. The Chevy Impala was parked in such a restricted area.

3 !aaassseee 222::: mmmjjj DDDJJJWWW DDDooocccuuummmeeennnttt 111 FFFiiillleeeddd ///000444/// PPPaaagggeee 333 ooofff Law enforcement personnel conducted surveillance of the Chevy Impala until approximately 3:00a.m., when two males were observed approaching the vehicle. One of the males entered the vehicle through the passenger side door and sat in the front passenger seat. Officers approached the individuals in the vehicle and I removed the front seat passenger, who was later identified as Dian M. Jones, who was seated where the Glock semi-automatic handgun had been observed, and I placed him under arrest. The vehicle was searched and officers recovered a.40 caliber Glock pistol, Model 23, serial number HMU419, which was loaded with twenty-two.40 caliber bullets. 4. Jones was transported to the Law Enforcement Center, 111 East 11 1 h Street Lawrence, Kansas, where he was interviewed after he was read his Miranda rights, which he acknowledged he understood and waived. Jones reported he was currently on probation for a felony drug conviction. Jones acknowledged that he possessed the "Glock" for personal protection. Jones said he did not own the firearm but acknowledged he had handled the firearm. Jones denied criminal street gang affiliation. 5. A check of Jones' criminal history has revealed he was convicted in the District Court of Wyandotte County, Kansas, for Sale/Possession with the intent to sell controlled substance and Possession of untaxed marijuana, case number 2012CR0218, both felony offenses punishable under the laws of the State of Kansas by imprisonment for more than a year. On November 16, 2012, Jones was sentenced and placed on probation. 6. An interstate nexus request was made to Alcohol, Tobacco Firearms and Explosives Special Agent Gordon Mallory, who conducted a preliminary interstate nexus and determined that the aforementioned firearm was not manufactured in the State of Kansas and would have had to travel through interstate commerce to be in the State of Kansas. 3

4 !aaassseee 222::: mmmjjj DDDJJJWWW DDDooocccuuummmeeennnttt 111 FFFiiillleeeddd ///000444/// PPPaaagggeee 444 ooofff 555 2?1f!6 Ufi-- MIKE E. MtATEE Detective, Lawrence Police Department Sworn to before me and subscribed in my presence this 4 1 h day of February, 2013, at Kansas City, Kansas. UNITED STATES MAGISTRATE JUDGE District of Kansas 4

5 !aaassseee 222::: mmmjjj DDDJJJWWW DDDooocccuuummmeeennnttt 111 FFFiiillleeeddd ///000444/// PPPaaagggeee 555 ooofff 555 Penalties: COUNT 1- NMT 10 years Imprisonment, NMT $250, Fine, NMT 3 years S.R., and $1 00 Special Assessment. 5