Sealed Complaint — United States v. Hassan Carter (S.D.N.Y., Dkt. 1, March 31, 2022)

Summary

A sealed criminal complaint in United States of America v. Hassan Carter, 22 MAG 3000 (1:22-mj-03000), in the U.S. District Court, Southern District of New York, filed March 31, 2022. Count One charges possession of a firearm by a felon on or about January 26, 2022, under Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). In the affidavit, Detective Jama Joseph of the New York City Police Department describes an arrest in the Bronx in which officers say the defendant threw an object toward residences, and a handgun was recovered nearby. It also cites body-worn camera footage and the statement of a Bureau of Alcohol, Tobacco, Firearms and Explosives special agent that the firearm and ammunition were not manufactured in the State of New York.

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          Case 1:22-mj-03000-UA Document 1 Filed 03/31/22 Page 1 of 5



Approved: ________________________________
          Dina McLeod
          Assistant United States Attorney

Before:      HONORABLE SARAH L. CAVE
             United States Magistrate Judge

                                                  22 MAG 3000
             Southern District of New York

- - - - - - - - - - - - - - - - - x
                                  :             SEALED COMPLAINT
UNITED STATES OF AMERICA          :
                                  :             Violation of
          - v. -                  :             18 U.S.C. §§ 922(g)(1),
                                  :             924(a)(2)
                                  :
HASSAN CARTER,                    :
                                  :
               Defendant.         :             COUNTY OF OFFENSE:
                                  :             BRONX
- - - - - - - - - - - - - - - - - x

SOUTHERN DISTRICT OF NEW YORK, ss.:

          JAMA JOSEPH, being duly sworn, deposes and says that he
is a Detective with the New York City Police Department (“NYPD”)
and charges as follows:

                                COUNT ONE
                  (Possession of a Firearm by a Felon)

         1.    On or about January 26, 2022, in the Southern
District of New York and elsewhere, HASSAN CARTER, the defendant,
knowing he had previously been convicted in a court of a crime
punishable by a term of imprisonment exceeding one year, knowingly
did possess a firearm and ammunition, to wit, a Luger 9mm
semiautomatic   firearm   and  approximately   twelve  rounds   of
Winchester 9mm ammunition which firearm and ammunition were in and
affecting commerce.

      (Title 18, United States Code, Sections 922(g)(1) and
                           924(a)(2).)

          The bases for my knowledge and for the foregoing charge
are, in part, as follows:

          2.   I am a Detective with the NYPD and I have been
personally involved in the investigation of this matter. This
       Case 1:22-mj-03000-UA Document 1 Filed 03/31/22 Page 2 of 5



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

           3. As set forth below, on or about January 26, 2022,
HASSAN CARTER, the defendant, possessed a firearm in the vicinity
of Prospect Avenue and East Tremont Avenue in the Bronx, New York,
and threw the firearm toward a row of private residences as he was
pursued by NYPD officers.    Law enforcement officers apprehended
CARTER, and shortly thereafter, recovered a loaded firearm near
the entrance to one of the homes in that same row of private
residences.

           4. Based on my participation in this investigation,
including my review of documents, photographs, body-worn camera
footage, as well as my conversations with other law enforcement
officers, I know that the following events occurred on or about
January 26, 2022:

                              The Arrest

               a.   On or about January 26, 2022, at approximately
10:40 p.m., three NYPD police officers (“Officer-1,” “Officer-2,”
and “Officer-3,” and collectively, the “Officers”) were working in
the Bronx. The Officers were in uniform, in an unmarked police
car. Officer-1 was driving, Officer-2 sat in the passenger seat,
and Officer-3 sat behind the driver’s seat.

               b.   The Officers drove down East Tremont Avenue
and made a left onto Prospect Avenue. On Prospect Avenue, a taxi
cab was stopped, parked diagonally, in the middle of the street.
A man (later identified as HASSAN CARTER, the defendant) stood
outside the cab near the driver’s side door.

               c.   As the Officers’ car approached the cab,
CARTER walked onto the sidewalk and began walking in the opposite
direction, past the Officers’ car. As CARTER passed the police
car, Officer-1 asked CARTER, in sum and substance, if everything
was all right. CARTER responded, in sum and substance, that he
was going to the recording studio. As CARTER responded, he began

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       Case 1:22-mj-03000-UA Document 1 Filed 03/31/22 Page 3 of 5



walking faster, and at that point, had passed the entrance to the
recording studio.

               d.   Officer-1 put the car into reverse.     As the
car reversed, CARTER clutched the left side of his jacket. CARTER
then changed direction again and began walking down the sidewalk.
Officer-3 stepped out of the car and CARTER began to run. Officer-
3 began to chase the defendant, shining his flashlight on CARTER’s
back as they both ran. Midway down the block, Officer-3 observed
CARTER throw a black object over a fence in front of a private
residence. Officer-3 heard the clink of metal hitting the ground
and, as he ran, shone his flashlight quickly to the left, toward
the residence.   Officer-3 eventually caught up with CARTER and
arrested him.

               e.   As CARTER was being arrested by the other
Officers, Officer-2 searched for the firearm.     Officer-2 walked
toward the rowhouses where CARTER had been observed tossing the
black object and shone his flashlight along the front of the
residences.   Officer-2 eventually found a black handgun (the
“Firearm”) near the entrance to a private residence at 1981
Prospect Avenue. The Firearm was a Luger 9mm semiautomatic firearm
with one round in the chamber and 11 rounds in the magazine.

                      The Body Camera Footage

               f.   I have also reviewed body-worn camera footage
of Officer-3 related to the arrest of CARTER, which depicts the
following, in substance and in relevant part:

                 i. The Officers drove down Prospect Avenue.
Officer-3 was in the backseat behind the driver’s seat. Officer-
1 stopped the car.    CARTER walked by the Officers’ car (in the
opposite direction as the Officer’s car was heading). Officer-1
backed up the car slowly and Officer-3 began to exit the car. As
Officer-3 opened the car door, CARTER changed directions and walked
quickly in the opposite direction down the sidewalk. Officer-3
exited the car and began to run after CARTER. Officer-3 chased
CARTER down the sidewalk, shining his flashlight at CARTER’s back.

                ii. CARTER ran past some rowhouses with a white
metal fence in front. At this point in the footage, CARTER is
visible on the video, but his actions are not clearly observable
on the footage. As Officer-3 ran past the rowhouses, he flashed
his light quickly to the left, toward the rowhouses. CARTER ran
across the street and Officer-3 apprehended him.


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       Case 1:22-mj-03000-UA Document 1 Filed 03/31/22 Page 4 of 5



               g.   I have also reviewed body-worn camera footage
of Officer-2 related to the arrest of CARTER, which depicts the
following, in substance and in relevant part:

                 i. Once Officer-3 exited the car, Officer-1 drove
the Officers’ car forward and then stopped it. Officer-2 exited
the vehicle and assisted Officer-3 with the arrest.       Officer-2
then walked over to the rowhouses where Officer-3 had earlier
flashed his flashlight during his pursuit of CARTER. Officer-2
shone his flashlight through the fence in front of the rowhouses,
walking down the row.     Officer-2 paused for a moment at the
residence at 1977 Prospect Avenue, then continued to the next home.
Officer-2 then walked back down the row (still shining his
flashlight), passing 1977 Prospect Avenue again and looking
through the fence at 1981 Prospect Avenue. Officer-2 then opened
the gate to 1981 Prospect Avenue and walked toward the downstairs
front door. Officer-2 shone his flashlight down near the front
door, at Firearm-1 on the ground. Officer-2 then said, in sum and
substance, “I got it,” and retrieved Firearm-1.

          5.   I have reviewed criminal history records of
HASSAN CARTER, the defendant, which show, among other things,
that on or about March 27, 2006, CARTER was convicted of (1)
distributing a controlled substance on or within 1,000 feet of
school property, a felony in the third degree, in violation of
New Jersey Code of Criminal Justice § 2C:35-7, and (2) unlawful
taking of a means of conveyance, a felony in the third degree,
in violation of New Jersey Code of Criminal Justice § 2C:20-10C,
for which offenses he was sentenced principally to a term of
imprisonment of three years.

          6.   Based on my discussions with a Special Agent
(“Agent-1”) of the Bureau of Alcohol, Tobacco, Firearms and
Explosives, who reviewed photographs of the Firearm and a firearm
examination report completed by the NYPD’s Firearms Analysis
Section, I know that Agent-1 has determined that Firearm-1 and the
ammunition recovered from Firearm-1 were not manufactured in the
State of New York.




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       Case 1:22-mj-03000-UA Document 1 Filed 03/31/22 Page 5 of 5



          WHEREFORE, deponent respectfully requests that a
warrant be issued for the arrest of HASSAN CARTER, the
defendant, and that he be arrested and imprisoned or bailed, as
the case may be.



                              /s _______________________________
                                 Jama Joseph (By Court with Authorization)
                                 JAMA JOSEPH
                                 Detective
                                 New York City Police Department



Sworn to me through the transmission
of this Affidavit by reliable electronic
means, pursuant to Federal Rules of
Criminal Procedure 41(d)(3) and 4.1, this
31st day of March, 2022



__________________________________
THE HONORABLE SARAH L. CAVE
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK




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