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UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

v.
CRIMINAL COMRLAINT
DARRYL NICHOLS

Defendant. CASE NUMBER:

I, the undersigned complainant, being duly sworn, state the following is true and correct
to the best of my knowledge and belief: On or about February 1,2009, in the District of
Maryland, Darryl Nichols, the defendant, having been convicted of a crime punishable by
imprisonment for a term exceeding one year, did knowingly and unlawfully possess ammunition,
to wit: 497 rounds of .22 caliber Remington Thunderbolt ammunition and 5 rounds of
Winchester .38 caliber ammunition, in and affecting commerce, in violation of Title 18, United
States Code, Section 922(g)(l).

I further state that I am a Detective with the Baltimore Police Department and that this
complaint is based upon the following facts:

See Attached Affidavit

Continued on the attached sheet and made a part the!f ch_Y_~_S__ D_~_~_.::-_'-==~ _

Detecti~rian Lewis
Baltimore Police Department

Sworn to before me and subscribed in my presence,

FJ. "2-,
Date and Time Issued
20001
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Brian Lewis, being duly sworn, do hereby solemnly swear and affirm:

1. I am a Detective with the Baltimore Police Department ("BPD") Homicide


Unit, and have been assigned to that unit since July of 2008. I have been employed with the
Baltimore Police Department for the last eleven years. During my tenure as a BPD officer, I have
been assigned to various positions including Southwest District uniformed patrol, and the
Sou~hwest District Criminal Investigation Division.

2. This affidavit is in support of a Complaint against Darryl Nichols. This


affidavit is based upon my personal observations, as well as conversations with other,law
enforcement officers and other individuals and my review of relevant documents. Because this
affidavit is being submitted for the limited purpose of establishing probable cause, it does not
include all of the facts that I have learned during the course ofthis investigation. Where the
contents of documents, and the actions and statements of others are reported herein, they are
reported in substance and in part, except where otherwise indicated.

3. Based on my participation in this investigation and conversations with


other member of BPD, I have learned the foll?wing:

a. On February 1, 2009 at approximately 4:00 p.m., Christie


Needleman, an attorney, contacted the Baltimore City Homicide Section and advised that she
was contacted by a Tiara Felder, who told her that her boyfriend, Eric Pendergrass was abducted.
According to Needleman, Pendergrass was her client.

b. Felder was then transported to BPD Homicide and interviewed.


According to Felder, at approximately 1:30 a.m. on February 1,2009, she received a phone call
from Pendergrass, who told her to retrieve a plastic bag from the closet in her house, 118 Maple
Ridge Road, and take the bag to his (Pendergrass's) mother's house, 3405 Avondale Road.
Pendergrass advised Felder to give the bag to a woman named, "Darlene," who would meet her
there. Pendergrass explained that this needed to be done quickly, and then hung up. Felder
described Pendergrass as abrupt and appeared under duress. Felder called Pendergrass and
requested some details. Pendergrass then pleaded with her to do as he requested and hung up the
phone. ~

c.
~~/~ ..
Felder retriev~he bag, which contained a large sum of money
banded like bank money and took it to 3405 Avondale Road. After Felder arrived, an unknown
black female knocked on the door and identified herself as Darlene. The female would not come
in the house and kept a cell phone to her ear the entire time. Felder provided the money to the
female, who walked across the street to a silver four door Cadillac. The female did not enter the
car until Felder started to go back into the house. As the female drove away, Felder recorded the
license plate as BELV47.

d. No vehicle was registered with the plate described by Felder, but


oC(> -373\1£(]

after changing the plate to 8EL V 47 a silver 2000 Cadillac STS registered to a Darryl Nichols was
discovered. Ithen traveled to 1652 Northwick, Apt B, the registered location of the vehicle, and
.observed a silver Cadillac with tag 8ELV47. While waiting for a marked patrol unit to respond,
a black male walking in the 1600 block of North wick approached the vehicle. Istopped this
individual, who identified himself as Darryl Nichols, the owner of the vehicle. Nichols was
transported to BPD Homicide for investigation. His Maryland driver's license lists 1652
Northwick Apt B as his residence. Ithen went to 1652 Northwick Apt B and spoke to a Tyann
Brockington, who advised that she and Nichols reside at the location anti have done so for the
past 2-3 years. Ms. Brockington allowed us to enter the location as we spoke and Iobserved in
plain view a pair of black cotton gloves, which Felder described as being worn by "Darlene."
Brockington was also transported and interviewed.

e. Based on the above info~ation a search warrant was prepared for 1652
Northwick Apt B. During the search warrant, $2000 in banded U.S. currency was recovered, as
well as a plastic bag containing 5 boxes of .22 caliber Remington Thunderbolt ammunition (a
total of 497 rounds) and 5 loose rounds of Winchester .38 caliber ammunition. Various narcotics
packaging material, personal papers and the black gloves were also recovered. Brockington
denied ownership or knowledge of the ammunition or money that was recovered. Felder was
shown 6 individual photographs of Brockington but could not make a positive identification of
Brockington as "Darlene."

4. Based on a review of Darryl Nichols's criminal record, Ihave learned that on or


about February 28, 2000, Darryl Nichols was convicted of possession with the intentto distribute
controlled substances, an offense punishable by imprisonment for a term exceeding one year, and
that his civil rights were not restored following that conviction.

5. Ispoke with Special Agent Alan Boroshok, a certified firearms nexus expert
with the Bureau of Alcohol Tobacco Firearms and Explosives, who advised me that neither
Remington nor WiI!chester ammunition are not manufactured in the State of Maryland and that
the ammunition possessed by the defendant had traveled in interstate or foreign commerce prior
to February 1,2009.

6. Based on the foregoing, Irespectfully submit that there is probable cause


to believe that on or about February 1,2009, in the District of Maryland, Darryl Nichols, the
defendant, having been convicted of a crime punishable by imprisonment for a term exceeding
one year, did knowingly and unlawfully possess ammunition, to wit: 497 rounds of .22 caliber
Remington Thunderbolt ammunition and 5 rounds of Winchester .38 caliber ammunition, in and
affecting commerce, in violation of Title 18, United States Co Section 922(g)(l).

, "'-----
Bnan Lewis
Detective Baltimore Police Department