Criminal Complaint — United States v. White (W.D.N.Y., Document 1)

Summary

A criminal complaint and supporting affidavit against Julius White, Case No. 23-MJ-596, in the U.S. District Court for the Western District of New York, filed 08/01/23 and docketed as Document 1 in Case 6:24-cr-06012. Joseph Briganti, a Rochester Police Department investigator assigned as a task force officer with the ATF, states that on July 29, 2023, in the County of Monroe, the defendant possessed ammunition after having been convicted of a felony (Felon in Possession of Ammunition). The affidavit states officers responding to a report of a male displaying a handgun took White into custody after a short foot pursuit and removed a loaded 9mm Diamondback handgun with no serial number from a pants pocket. It cites prior Monroe County Court convictions on or about May 31, 2018 and March 10, 2011.

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“Criminal Complaint — United States v. White (W.D.N.Y., Document 1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-w-d-n-y-no-6-24-cr-06012-dkt-1-w-d-n-y-53ac416774/, SHA-256 bea3f42ac34615c31cc1995975d4153a54d1fe880a946d2fd66d59b1754ef331.

Full text

Case 6:24-cr-06012-EAW-MJP Document 1 Filed 08/01/23 Page 1 of 5
AO 91 (Rev. 02/09) Criminal Complaint

United States District Court
for the
Western District of New York

United States of America

v. Case No. 23-MJ-596

JULIUS WlilTE
Defendant

CRIMINAL COMPLAINT

I, JOSEPH BRIGANTI, the complainant in this case, state that the following is true to the best of my
knowledge and belief.

On July 29, 2023, in the County of Monroe, in the Western District of New York, the defendant committed
an offense described as follows:

did knowingly and unlawfully possess ammunition after having been convicted of a felony, in
violation of Title 18, United States Code, Section 922(g)( l).

This Criminal Complaint is based on these facts:
SEE ATTACHED AFFIDAVIT OF TFO JOSEPH BRIG

Continued on the attached sheet.

Affidavit and Criminal Complaint submitted electronically
by email in .pdf format. Oath administered, and contents
and signature, attested to me as true and accurate
telephonically pursuant to Fed.R.Crim. P. 4.1 and 4(d) on:
Date: August 1, 2023
Judge's signature

HONORABLE MARK W. PEDERSEN
City and State: Rochester. New York UNITED STATES MAGISTRATE JUDGE
Printed name and title
Case 6:24-cr-06012-EAW-MJP Document 1 Filed 08/01/23 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEWYORK

UNITED STATES OF AMERICA 23-MJ-596
-v-

JULIUS WHITE,

Defendant

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

State of NewYork )
County of Monroe ) ss:
City of Rochester )

I, Joseph Briganti, affirm to the following facts:

1. Your affiant is a Police Investigator with the Rochester Police Department and

currently assigned as a Task force officer (TFO) with the United States Department of Justice,

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), assigned to the NewYork Field

Division, Rochester Field Office. As such, I am an "investigative or law enforcement officer"

of the United States within the meaning of Section 2510(7) of Title 18, United States Code,

that is an officer of the United States who is empowered to conduct investigations of, and to

make arrests for, offenses enumerated in Title 21, United States Code, Section 801, et seq.

and Title 18, United States Code, Section 2516(1).

2. I have been employed as a Police Investigator since 201 I. Prior to being

employed as a Police Investigator, I was employed as a Police Officer beginning in 1995 for
Case 6:24-cr-06012-EAW-MJP Document 1 Filed 08/01/23 Page 3 of 5

both the City of Rochester, New York Police Department (RPD) and the Niagara Falls, New

York Police. My duties as a Police Investigator include investigating violations of state and

federal firearms laws such as individuals engaged in illegal firearm trafficking, unlawful

possession of firearms, the possession of firearms during the commission of drug trafficking

crimes, and other crimes of violence. Additionally, since November 2017, I have been

assigned to the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms

and Explosives (ATF), as a designated Task Force Officer. During my tenure with RPD and

ATF, I have participated in numerous investigations involving armed individuals who were

in violation of federal narcotics laws, including Title 21, United States Code, Section 846, and

federal firearms laws including Title 18, United States Code, Sections 922 and 924.

3. This affidavit is submitted in support of a criminal complaint against JULIUS

WHITE, (hereinafter "WHITE"), for violating Title 18, United States Code, Section

922(g)(I) (Felon in Possession of Ammunition).

4. The assertions made herein are based upon my personal knowledge as well as

information I have received from this investigation, including the review of various police

reports produced in relation to the arrest of the defendant and discussions with other law

enforcement agents and officers. Further, I have had discussions with law enforcement

officers involved in this investigation who have confirmed the accuracy of the information

contained within this affidavit. Since this affidavit is being submitted a limited purpose, I

have not included each and every fact that I know concerning this investigation. Rather, I

have set forth sufficient facts to demonstrate that probable cause exists to believe that the

defendant committed the above-mentioned offense. In support thereof, I respectfully state the

following:
Case 6:24-cr-06012-EAW-MJP Document 1 Filed 08/01/23 Page 4 of 5

5. On July 29, 2023 at approximately 03:40 P.M., Officers responded to the area

of 363 Magnolia for a report of a male displaying a handgun. The caller stated that an

individual whose name was Julius White was in front of the house at 363 Magnolia Street

with a gun. The caller described WHITE as a male black wearing a blue tee shirt.

6. When officers arrived, they observed a male that matched the caller's

description in the driveway of 367 Magnolia Street. As officers were approaching WHITE,

he attempted to flee. Officer took WHITE into custody after a short foot pursuit. As officers

were attempting to take WHITE into custody, WHITE began fighting with officers. Once

WHITE was secured officers performed an officer safety pat frisk and felt a hard-unidentified

object that was consistent with the characteristics of a handgun in WHITE'S right front pants

pocket. Officers then removed the handgun from WHITE'S right pants pocket. Upon further

examination officer determined that the firearm was a black, 9mm Diamondback, model

DB9, semi-automatic slide, with no seral number, attached to a personally manufactured

frame. Officers determined that the firearm was loaded with three (3) rounds of ammunition

in the magazine and one (1) round of ammunition in the chamber. As officers continued to

search WHITE, they removed a wallet and cell phone from WHITES left pants pocket. As

officers were removing these items they observed one (1) 9mm round of ammunition and one

(1) 9mm casing fall to the ground from WHITES left front pants pocket.

7. I have reviewed WHITE'S criminal history and have learned that on or about

May 31, 2018, WHITE was convicted after pleading guilty in Monroe County Court to

Attempted Assault in the second degree a class E felony. WHITE was sentenced on or about

June 14, 2018 to eighteen months to three years in prison. Additionally on or about March

10, 2011, WHITE was convicted after a plea of guilty in Monroe County Court to Assault in
Case 6:24-cr-06012-EAW-MJP Document 1 Filed 08/01/23 Page 5 of 5

the second degree a class D felony. White was sentenced on or about March 10, 2011 to two

years in prison.

8. As part of this investigation, I further learned that officers recovered three (3)

rounds of Remington Peters ammunition, two (2) rounds of Turac ammunition and one (1)

round of Freedom Munitions ammunition described previously as being possessed by

WHITE and recovered by police on July 29, 2023. ATF NEXUS expert Justin Schaefer

confirmed that the above described ammunition was not manufactured in the State of New

York and therefore would have traveled in and affected interstate commerce in order to be

possessed in New York in July of 2023.

9. Based on the above information, I submit there is probable cause to believe

that on or about July 29, 2023, in the City of Rochester, County of Monroe, New York,

Western Judicial District of New York, Julius WHITE violated Title 18, United States

Code, Section 922(g)(l) (Felon in Possession of Ammunition).

and Explosives

Affidavit submitted electronically by email in .pdf format.
Oath administered, and contents and signature attested
to me as true and accurate telephonically pursuant to
Fed. R. Crim. P. 4.1 and 41(d)(3) on this first day of August 2023.

HON. MARK W. PEDERSEN
United States Magistrate Judge

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