Criminal Complaint — USA v. Sealed Matter — Case 2:20-mj-30412 — Task Force Officer Eric M. Smigielski (ECF No. 1)

Summary

A criminal complaint and supporting affidavit against Balsia Brian BAKER in the U.S. District Court for the Eastern District of Michigan, case 2:20-mj-30412, ECF No. 1, filed 09/30/20. It charges him with being a felon in possession of a firearm, under 18 U.S.C. 922(g)(1), on September 11, 2020 in Wayne County. The affidavit of ATF Task Force Officer Eric M. Smigielski says Detroit Police officers saw a handgun grip in Baker's waistband at a gas station on East Outer Drive and then found a loaded tan 9 mm CANIK pistol in a trash can where he had made a stuffing motion. It lists prior felony convictions in Wayne County from 2010, 2011, 2015 and 2018. It was sworn before R. Steven Whalen, United States Magistrate Judge, on September 30, 2020.

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Case 2:20-mj-30412-DUTY ECF NaukafilegQoA9Q/20 PagelD. 1721 Aage:1(6f39 226-9100
Task Force Officer: Eric M. Smigielski Telephone: (313) 202-3400

UNITED STATES DISTRICT COURT

for the

AO 91 (Rey. 11/11) Criminal Complaint

Eastern District of Michigan

United States of America

V.
Balsia Brian BAKER Case No. Case: 2:20—mj-30412
Assigned To : Unassigned
Assign. Date : 9/30/2020
USA v. SEALED MATTER (CMP(CMc)
CRIMINAL COMPLAINT
I, 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 September | 1, 2020 in the county of Wayne in the
Eastern District of Michigan , the defendant(s) violated:
Code Section Offense Description
18 U.S.C. 922(g)(1) Felon in possession of a firearm
This criminal complaint is based on these facts:
See attached AFFIDAVIT.

Continued on the attached sheet. ——

(Cymplainant 's signature

Eric M. Smigielski, Task Force Officer (ATF)

Printed name and title
Sworn to before me and signed in my presence ‘
and/or by reliable electronic means. ° ;

September 30, 2020

Date: Judge's signature

City and state: Detroit, Michigan ~ Hon. R. Steven Whalen, United States Magistrate Judge
Printed name and title
Case 2:20-mj-30412-DUTY ECF No.1 filed 09/30/20 PagelD.2 Page 2of5

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Eric M. Smigielski, being duly sworn, do hereby state
the following:

I. INTRODUCTION

1. Tam Detroit Police Task Force Officer with the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF). I have been a Detroit
Police Officer since September 2001, and assigned to the ATF since
October 2016. I have been involved in numerous investigations and
criminal prosecutions of firearms offenses.

2. The statements contained in this affidavit are based on my
review of reports by Detroit Police Officers, information provided to me
by and/or through other law enforcement agents, investigators, and
individuals with knowledge of this matter.

3. This affidavit is intended to show that probable cause exists
that Balsia Brian BAKER (DOB XX/XX/1990) has violated 18 U.S.C.

§ 922(¢)(1), felon in possession of a firearm, and does not set forth all

information known to law enforcement regarding this investigation.
Case 2:20-mj-30412-DUTY ECF No.1 filed 09/30/20 PagelD.3 Page 3o0f5

II. PROBABLE CAUSE

4. On September 11, 2020, at approximately 12:34 a.m., Detroit
Police officers were on patrol in the area of 10601 East Outer Drive,
Detroit, MI. While providing special attention to the gas station located
at this address, the officers observed BAKER near the entrance door of
the gas station. The officers then observed BAKER freeze and turn
away from them while holding his front waistband. The officers also
observed the tan grip of a handgun slightly protruding out of his right
front waistband.

5. The officers exited their scout car, and observed BAKER
make a stuffing motion near the front entrance. The officers then
entered the gas station, and made contact with BAKER. At this point,
the officers observed that there was no longer a visible tan grip of a
handgun in his waistband. The officers then checked the area where
they initially observed BAKER make the stuffing motion. They found a
loaded Tan 9 mm handgun, CANIK, model TP9SF inside a trash can;
the handgun contained eighteen live rounds in the magazine and one

live round in the chamber. According to Detroit Police reports, BAKER
Case 2:20-mj-30412-DUTY ECF No.1 filed 09/30/20 PagelD.4 Page 4of5

subsequently “made an excited utterance ‘that he was given the gun
and that he was told run with it because it is not his.”

6. Acriminal history check was conducted on BAKER, which
revealed that he had the following prior felony convictions:

a. August 24, 2010-Weapons-Carrying Concealed, 34
Circuit Court, Wayne County.

b. November 22, 2011-Weapons-Carrying Concealed
(Attempt), 3°¢ Circuit Court, Wayne County.

C. July 02, 2015-felony Retail Fraud-First Degree, 34
Circuit Court, Wayne County.

d. November 30, 2018 - Felony Weapons-Firearms-
Possession by Felon and Assault with a Dangerous
Weapon, 3'¢ Circuit Court, Wayne County.

7. On September 16, 2020, Special Agent Nathan Triezenberg,
an interstate nexus expert, advised me that based upon the verbal
descriptions provided, without physically examining the firearm, the
above-referenced firearm is a firearm as defined under 18 U.S.C. § 921,
was manufactured outside of the state of Michigan after 1989, and

therefore had traveled in and affected interstate commerce.
Case 2:20-mj-30412-DUTY ECF No.1 filed 09/30/20 PagelD.5 Page5of5

III. CONCLUSION

8. Probable cause exists that Balsia Brian BAKER, a convicted
felon, was in possession of the above described firearm, said firearm

having traveled in interstate commerce, in violation of Title 18 U.S.C.

§ 922(g)(1).

Eric M. Smigielski
Task Force Officer, ATF

Sworn to before me and signed in my
presence and/or by reliable electronic means.

Jr i Ss CA September 30, 2020

BON, BeSTevey WHALEN
UNITED STATES MAGISTRATE JUDGE


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