Criminal Complaint — No. 5:22-cr-00001 (Dkt. 1, M.D. Fla.)

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A criminal complaint in United States v. Tevaughn Johnson, Case No. 5:21-mj-1287-EJK, in the U.S. District Court for the Middle District of Florida, filed December 22, 2021 as Document 1 in Case 5:22-cr-00001-JA-PRL. It charges that on or about December 21, 2021, in Lake County, Johnson possessed a firearm affecting commerce as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The attached affidavit of Thomas Harrison, a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, sets out the facts, and it was attested by video conference before a magistrate judge.

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Case 5:22-cr-00001-JA-PRL Document1 Filed 12/22/21 Page 1 of 7 PagelD 1

AO GI (Rev. 11/11) Criminal Complaint

                            UNITED STATES DISTRICT COURT

                                                     for the

                                           Middle District of Florida

             United States of America                   )
                        v.                              )
                                                        )     Case No.

                Tevaughn Johnson                                        5:21-mj-1287-EJK

                                                        )

 _                 a                                    )
                    Defendant(s)

                                       CRIMINAL COMPLAINT

       1, 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       December 21,2021, —S—sinthecountyof =                   Lake      —__inthe

     Middle       District of        Florida     ___, the defendant(s) violated:

          Code Section                                          Offense Description

18 U.S.C. § 922(g)(1)                 Posession of a firearm affecting commerce by a.convicted felon

       This criminal complaint is based on these facts:

Please see attached.

        &% Continued on the attached sheet.

                                                                               Complainant's signature

                                                                            SA Thomas Harrison, ATF
                                                                                Printed name and title

Sworn to before me over Zoom/video conference and
signed by me we to Fed.R.Crim P. 4.1 and 4(d).                                                Pd

Date: [24> 273 (

City and state:   ;           Orlando, Florida                         Embry JM<idd, U.S. Magistrate Judae
                                                                                Printed name and title

Case 5:22-cr-00001-JA-PRL Document1 Filed 12/22/21 Page 2 of 7 PagelD 2

STATE OF FLORIDA CASE NO. 5:21-mj-1287-EJK
COUNTY OF ORANGE

AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT

I, Thomas Harrison, having been duly sworn, do hereby depose and state as
follows:

1. I am a Special Agent (SA) with the United States Department of
Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and have been
so employed since January 2020. I have completed the Criminal Investigator
Training Program at the Federal Law Enforcement Training Center (FLETC) in
Glynco, Georgia. Prior to my employment with the ATF, I attended the
Massachusetts Municipal Police Training Councils Basic Reserve Police Academy
and worked as a sworn law enforcement officer in the Commonwealth of
Massachusetts for approximately 4 years. I also attended the Florida Criminal Justice
Standards and Training Commission Basic Law Enforcement Academy and was
employed with the Gainesville (Florida) Police Department for approximately 11
years as a sworn law enforcement officer.

oo I am a law enforcement officer of the United States within the meaning
of 18 U.S.C. § 2510(7), that is, an officer of the United States empowered by law to
conduct investigations and make arrests upon violations of the offenses enumerated
in 18 U.S.C. § 2516. I am currently assigned to ATF’s Tampa Field Division,
Orlando III Field Office, where I conduct investigations of federal firearms

violations, crimes of violence, and other federal violations.

Case 5:22-cr-00001-JA-PRL Document1 Filed 12/22/21 Page 3 of 7 PagelD 3

3. I have received training concerning violations of the Gun Control Act
within Title 18 of the United States Code and violations of the National Firearms
Act within Title 26 of the United States Code. I have also received specialized
training regarding surveillance techniques; interviews; writing of warrants; handling
of evidence; arrest procedures; search procedures and testifying in court.

PURPOSE OF AFFIDAVIT

4. This affidavit is based upon my personal knowledge, a review of
evidence obtained during the course of this investigation, and information obtained
by me in my official capacity from other law enforcement officers and sources of
information that have proven to be reliable during the course of the investigation.

Bi. This affidavit is submitted for the limited purpose of establishing
probable cause in support of the issuance of a criminal complaint and arrest warrant
for Tevaughn Johnson (“JOHNSON”) for a violation of 18 U.S.C. § 922(g)(1)
(possession of a firearm affecting commerce by a convicted felon). Because this
affidavit is being submitted for the limited purpose of establishing probable cause, I
have not set forth everything that I have learned as a result of this investigation.
Rather, I have set forth only those facts I believe are necessary to establish probable
cause that a violation of the above-listed federal law has been committed. The
violation alleged in this affidavit occurred in Lake County, within the Middle

District of Florida.

Case 5:22-cr-00001-JA-PRL Document1 Filed 12/22/21 Page 4 of 7 PagelD 4

PROBABLE CAUSE

6. On or about December 21, 2021, deputy marshals from the United
States Marshals Service (USMS), Fugitive Task Force, together with assistance from
local law enforcement officers in Lake County, Florida, arrested JOHNSON ona
fugitive warrant out of New York State for a parole violation. In the process of
arresting JOHNSON, he caused a Deputy United States Marshal to sustain a hand
injury. In the vehicle operated by JOHNSON, officers located a loaded firearm.

7. On January 14, 2019, JOHNSON was convicted in Kings County, New
York, of Attempted Robbery in the Second Degree, in violation of New York State
Penal Law § 160.10(2)(a), a class D felony. He was sentenced to a prison term of
three years. On February 23, 2021, he was released to commence serving a five-year
term of parole supervision in New York.

8. In approximately September 2021, JOHNSON left New York State
without permission of his parole officer. Authorities learned that JOHNSON had
relocated to Jacksonville, Florida. On October 1, 2021, a warrant was issued in New
York State for JOHNSON’s arrest for violating the terms of supervision.

9. On or about October 28, 2021, a detective with the New York State
Police Department spoke with JOHNSON by telephone. JOHNSON was made
aware that a warrant was issued for his arrest and JOHNSON stated that he would
not surrender to law enforcement. The warrant was later referred to the USMS

Fugitive Task Force to locate and apprehend JOHNSON.

Case 5:22-cr-00001-JA-PRL Document1 Filed 12/22/21 Page 5 of 7 PagelD 5

10. On December 21, 2021, the USMS received information that
JOHNSON was operating a champagne-colored Chevrolet Traverse in Leesburg,
Florida. The vehicle is reportedly registered to JOHNSON ’s girlfriend. JOHNSON
was observed operating the vehicle, as the sole occupant, and law enforcement
followed him. JOHNSON pulled into a store located at the corner of Tuskegee
Street and Griffin Road in Leesburg. Several police vehicle converged on his
location utilizing emergency lights and siren, and JOHNSON attempted to flee on
foot from the vehicle. He was apprehended after a struggle in which a deputy
marshal sustained a hand injury.

11. After JOHNSON was apprehended, law enforcement approached the
Chevrolet Traverse that JOHNSON was driving and observed what appeared to be a
black handgun in the front seat near the center console. Thereafter, they seized the

firearm as evidence.

Case 5:22-cr-00001-JA-PRL Document1 Filed 12/22/21 Page 6 of 7 PagelD 6

A photo of the firearm prior to its recovery in the vehicle.

12. The recovered firearm is a Hi-Point, model JCP, .40 caliber pistol,
loaded with eleven rounds of ammunition. I know from my training and experience
that Hi-Point firearms are manufactured by Strassells Machine, Inc., which is located
in Mansfield, Ohio. Therefore, this firearm has traveled in or affected interstate

commerce prior to its recovery in the Middle District of Florida.

Case 5:22-cr-00001-JA-PRL Document1 Filed 12/22/21 Page 7 of 7 PagelD 7

13. In addition to the felony conviction listed above from New York State,
JOHNSON also has a felony conviction from Kings County, New York, on
February 19, 2014, for Robbery in the Third Degree, a class D felony under New

York Penal Law. He received a sentence of one year.

CONCLUSION

14. On the basis of the foregoing facts and evidence, probable cause exists
to believe that JOHNSON has committed a violation of 18 U.S.C. § 922(g)(1).

Therefore, I respectfully request that the Court issue a criminal complaint and

warrant for JOHNSON’s arrest.

This concludes my affidavit. W/ Z

pecial Agent Thomas A. Harrison
Bureau of Alcohol, Tobacco, Firearms
and Explosives

Affidavit submitted by email and attested to me as true and accurate by Zoom/video
conference consistent with Fed.R.Crim. P. 4.1 and 4(d) this 22 day of December,
2021.

K) WA
24 aed \
DD

EMBRY/J.
United States Magistrate Judge

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