Criminal Complaint — United States v. Carlos Alston (E.D.N.C., Dkt. 1, January 6, 2023)

Summary

A Criminal Complaint (AO 91) with an affidavit, Case No. 5:23-cr-00021, Document 1, filed 01/06/23, United States of America v. Carlos Alston, in the Eastern District of North Carolina. The complaint charges possession of a firearm by an unlawful user of or person addicted to any controlled substance, 18 U.S.C. 922(g)(3), on or about January 4, 2023, in Vance County. ATF Special Agent Tanisha Jeter states in the affidavit that a Henderson Police Department officer saw Alston in a restaurant drive-thru line and that Alston brandished a firearm at the officer, who fired one (1) shot. It states that officers collected a marijuana cigarette of approximately 1.1 grams and a baggie of approximately twenty-six (26) grams, and that the affiant believes Alston is an unlawful user of marijuana and/or is addicted to it.

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“Criminal Complaint — United States v. Carlos Alston (E.D.N.C., Dkt. 1, January 6, 2023).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-n-c-no-5-23-cr-00021-dkt-1-e-d-n-c-b4ad9e50a9/, SHA-256 eb947eda1c62179d310afb6f8b14765e7fb8a6911a52e749e9a97631fab374e9.

Full text

AO 91 (Rev. 11/11) Criminal Complaint FILED
UNITED STATES DISTRICT COURT JAN O6 2023
for the PETER A. MOORE, JR., CLERK
US ~ URT, EDNC
Eastern District of North Carolina BY _ __:..c__,____ DEP CLK

United States of America
V.

Carlos Alston

Defendant(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best ofmy knowledge and belief.
On or about the date(s) of January 4, 2023 in the county of Vance in the
Eastern District of _ _N_o_rt_h_C
_a_r_o_lin_a_ _ , the defendant(s) violated:

Code Section Offe nse Description
Title 18 U.S.C. 922(g)(3) Possession of a Firearm by Unlawful User of or Person Addicted to Any
Controlled Substance

This criminal complaint is based on these facts:
See attached

iif Continued on the attached sheet.
On this day, ~ ~7~~
appeared before me via reliable electronic means,
was placed under oath and attested to the contents of
this complaint ~ ~ '-t \ S7 pM . Tanisha Jeter, ATF Special Agent
Printed name and title

Sworn to before me and signed in my presence.

City and state: Raleigh, NC United States Magistrate Judge, Brian S . Meyers
Printed name and ti/le

Case 5:23-cr-00021-FL-RN Document 1 Filed 01/06/23 Page 1 of 7
AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR CRIMINAL COMPLAINT

Tanisha M. Jeter, hereinafter designated as affiant, having been duly sworn

according to law, deposes and states that:

Affiant Background

1. Affiant is employed as a Special Agent (S/A) for the Bureau of Alcohol, Tobacco,

Firearms and Explosives (ATF) and has been since 2015. I have been a sworn

law enforcement officer since 2012 working in a criminal investigator capacity

the length of my career. I have received extensive training at the ATF National

Academy in the areas of firearms, explosive and arson investigations.

2. Affiant's duties include, but are not limited to, enforcing the federal firearms

laws as well as other offenses committed in violation of federal statutes. During

your affiant's employment with ATF, affiant has conducted and assisted in

several investigations related to federal firearms and narcotics violations.

Prior to becoming employed by ATF, affiant was employed by the North

Carolina State Bureau of Investigations.

Purpose of Affidavit

3. Affiant makes this affidavit in support of an application for the issuance of a

criminal complaint in the matter of United States v. CARLOS ALSTON for the

following violation:

Possession of Firearm by a Person who is an Unlawful User of or

Addicted to a Controlled Substance in violation of Title 18 United

States Code, Section 922(g)(3).

Case 5:23-cr-00021-FL-RN Document 1 Filed 01/06/23 Page 2 of 7
4. The facts contained in this affidavit are the product of my investigation and

the investigation of other law enforcement officers. This affidavit is intended

to show merely that there is sufficient probable cause for the requested

warrant and does not set forth all my knowledge about this matter.

Facts Establishing Probable Cause

5. On January 4, 2023, at approximately 8:00PM, a Henderson Police

Department officer observed a subject (CARLOS ALSTON), known to have

outstanding warrants, in the drive-thru line of a restaurant located in the 1400

block of East Andrews Avenue, Henderson, Vance County, North Carolina,

which is in the Eastern District of North Carolina. The officer approached the

vehicle being operated by CARLOS ALSTON, on the passenger side, and spoke

to CARLOS ALSTON via the open window. CARLOS ALSTON was the sole

occupant of the vehicle. The officer explained to CARLOS ALSTON that there

were active warrants for his arrest and gave verbal commands for CARLOS

ALSTON to show his hands. CARLOS ALSTON refused to comply with the

commands and reached for an item inside of the vehicle. He then brandished

the item, which was a firearm, at the officer. The officer, recognizing the item

as a firearm, drew his duty weapon and fired one (1) shot at CARLOS

ALSTON, striking him in the lower body.

6. CARLOS ALSTON ran from the vehicle, across the street and between two

homes, where he discarded the firearm before he collapsed from his injuries.

Case 5:23-cr-00021-FL-RN Document 1 Filed 01/06/23 Page 3 of 7
CARLOS ALSTON was then apprehended and taken into custody by

Henderson Police Department officers.

7. A Smith & Wesson, SD9VE 9mm pistol bearing serial number FZL8687,

containing a magazine loaded with six rounds of 9mm ammunition, and one

additional chambered round, was discovered by a Henderson Police

Department article search K9 a few minutes later along CARLOS ALSTON's

flightpath from law enforcement.

8. Henderson Police Department officers identified the odor of manJuana

emitting from the vehicle CARLOS ALSTON was operating based on their

training and experience. Officers collected a cigarette containing what they

recognized, through their training and experience, to be marijuana from the

passenger seat of the vehicle. The marijuana cigarette weighed approximately

1.1 grams. Additionally, a plastic baggie containing approximately twenty-six

(26) grams of a substance officers recognized as marijuana was collected from

the driver-side door pocket. Drug paraphernalia, also recognizable to officers

from their training and experience, including a digital scale, was recovered

from the center console cup holder, along with an open box of sandwich baggies

from the back seat.

9. An examination of CARLOS ALSTON's criminal history revealed a state

probation revocation in 2021, resulting from a positive drug screen indicating

the presence of marijuana, failure to register for drug treatment classes, and

Case 5:23-cr-00021-FL-RN Document 1 Filed 01/06/23 Page 4 of 7
multiple new criminal allegations in Vance County, North Carolina involving

stolen firearms and an assault involving a firearm.

10. Regarding CARLOS ALSTON's recent criminal history, on April 19, 2019,

CARLOS ASLTON was arrested by Henderson Police Department after being

found in possession of a stolen firearm and 33 grams of marijuana following a

traffic stop in which CARLOS ALSTON was operating a vehicle which was

emitting a strong odor of marijuana. CARLOS ALSTON handed the officer a

baggie containing the 33 grams of marijuana and the stolen firearm was

located beneath the driver's seat.

11. In September 2021, CARLOS ALSTON was the passenger in a vehicle which

failed to yield to a Henderson Police officer's blue lights and sirens as they were

attempting to stop the vehicle for a traffic violation. An object, later identified

as a stolen firearm wrapped in a t-shirt, was thrown from the passenger

window just before the vehicle yielded to police. CARLOS ALSTON ran from

the vehicle as the Henderson Police Department officer was securing the driver

in his patrol vehicle. The officer found a small blue baggie containing

approximately 1.8 grams of marijuana on the passenger seat of the vehicle,

where CARLOS ALSTON had been sitting prior to the stop. CARLOS ALSTON

was arrested on a later date.

12. Based on CARLOS ALSTON's recent positive drug screen for manJuana,

recent law enforcement contacts during which he was found with marijuana

and the evidence of items found in the vehicle of which he was the sole occupant

Case 5:23-cr-00021-FL-RN Document 1 Filed 01/06/23 Page 5 of 7
on January 4, 2023, including a marijuana cigarette, odor of marijuana and

baggie of marijuana, your affiant believes that CARLOS ALSTON is an

unlawful user of marijuana and/or is addicted to marijuana.

13. A description of the Smith & Wesson SD9VE 9mm pistol bearing serial number

FZL8687 was provided to ATF Nexus examiner, Special Agent John Griffin,

who has training and expertise in firearms nexus examinations. S/A Griffin

determined that the Smith & Wesson SD9VE 9mm pistol bearing serial

number FZL8687 is a firearm as that term is defined in 18 U.S.C. § 921(a)(3).

He further determined that the firearm was manufactured outside of the state

of North Carolina, meaning that it traveled in interstate and/or international

commerce before being possessed in North Carolina by CARLOS ALSTON.

Conclusion

14. Based on the forgoing facts, I respectfully submit that probable cause exists to

believe that on or about January 4, 2023, in Vance County, North Carolina,

CARLOS ALSTON did possess a firearm while knowing that he was an

unlawful user of, or addicted to, controlled substances, in violation of Title 18

United States Code, Section 922(g)(3).

Respectfully submitted,

Tanisha M. Jeter
Special Agent
Bureau of Alcohol, Tobacco, Firearms,
and Explosives

l)~~~~~
5
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Case 5:23-cr-00021-FL-RN Document 1 Filed 01/06/23 Page 6 of 7 ~
On this ~..-m day of January 2023, pursuant to Rule 4.1 of the Federal Rules of
Criminal Procedure, Special Agent Tanisha Jeter of the Bureau of Alcohol, Tobacco,
Firearms and Explosives appeared before me via reliable electronic means
(telephone), was placed under oath, and attested to the ontents of this Affidavit~ 4\ S"l~

S. Meyers
")'.L,1..-. .....

Uni.,...,,'--Tates Magistrate Judge
Eastern District of North Carolina

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Case 5:23-cr-00021-FL-RN Document 1 Filed 01/06/23 Page 7 of 7

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