Criminal Complaint — United States of America v. Darel King, Case 4:23-mj-30117 (Dkt. 1, E.D. Mich.)

Summary

A criminal complaint and supporting affidavit against Darel King in the U.S. District Court for the Eastern District of Michigan, case 4:23-mj-30117, ECF No. 1, filed 03/23/23. It charges robbery affecting commerce under 18 U.S.C. § 1951 and using a firearm to commit murder under 18 U.S.C. § 924(j), on July 10, 2019 in Genesee County. The affidavit of ATF Special Agent Dustin Hurt describes a robbery at a home on Kent Street in Flint in which Victim-1 was shot dead and Victim-2 was wounded. It recounts an informant's identification of a composite sketch as a man called Jaffe, phone records linking that nickname to King, Victim-2's selection of King from a photo lineup in February 2020, and audio of the robbery from a PlayStation party chat. It was sworn before Curtis Ivy, Jr., United States Magistrate Judge.

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Case 4:23-mj-30117-Cl KGdANo. 1, PagelRe,.Filed 03/23/23 Rage tof 10 0) 766-5177
AO 91 (Rev. 11/11) Criminal Complaint Special Agent: Hurt, ATF Telephone: (810) 341-5710

UNITED STATES DISTRICT COURT

for the

Eastern District of Michigan

United States of America Case: 4:23—mj-30117
Vv. Assigned To : Ivy, Curtis, Jr
Darel King, Assign. Date : 3/23/2023

Description: INRE SEALED MATTER (kem)

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 July 10, 2019 in the county of Genesee in the
Eastern District of Michigan , the defendant(s) violated:
Code Section Offense Description

18 U.S.C. § 1951 Knowingly and unlawfully affected commerce by robbery

. Knowingly used a firearm during and in relation to a crime of violence and used a
18 U.S.C. § 924(j) firearm to commit murder

This criminal complaint is based on these facts:

I have probable cause to believe that on July 10, 2019, in the Eastern District of Michigan, Darel King, knowingly and unlawfully
affected commerce by robbery in violation of 18 U.S.C. § 1951. There is also probable cause that on July 10, 2019, in the Eastern
District of Michigan, Darel King knowingly used a firearm during and in relation to a crime of violence that may be prosecuted in a
court of the United States, and King using the firearm to commit murder, all in violation of 18 U.S.C. § 924().

Continued on the attached sheet. ity

Complainant is signature

Dustin Hurt, Special Agent, ATF

Printed name and title

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

Date: March 23, 2023 Judge’s signature

City and state: Flint, MI Curtis Ivy, Jr., United States Magistrate Judge

Printed name and title
Case 4:23-mj-30117-Cl ECF No.1, PagelD.2 Filed 03/23/23 Page 2 of 10

AFFIDAVIT

1. I have been employed as a Special Agent with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF) since October of 2018. I am currently
assigned to the Detroit Field Division, Flint Field Office. Before working for the
ATF, I was employed by the Michigan Department of State Police (MSP) for
approximately seven years. Before working for MSP, I was a local police officer for
the Grand Ledge Police Department for approximately three years. I held numerous
positions with the MSP, including Detective Sergeant in the Polygraph Unit and
Task Force Officer with the FBI. During my employment with ATF and MSP, I have
conducted or participated in numerous criminal investigations focused on firearms,
armed drug trafficking, and criminal street gangs, and other violations of federal law.

2. I make this affidavit from personal knowledge based on my
participation in this investigation, my review of reports and other materials prepared
by those who have personal knowledge of the events and circumstances described
herein, and information gained through my training and experience. The information
outlined below is provided for the limited purpose of establishing probable cause
and does not contain all details or all facts of which I am aware relating to this
investigation.

3. Based on the information below, there is probable cause that on July
Case 4:23-mj-30117-Cl ECF No.1, PagelD.3 Filed 03/23/23 Page 3 of 10

10, 2019, in the Eastern District of Michigan, Darel T. King violated 18 U.S.C. §
1951 by robbing a man of marijuana, money, and cocaine!; and King violated 18
U.S.C. § 924() by using a firearm during and in relation to the robbery, and by using
the firearm to murder the man he had robbed.

4. On July 10, 2019, at approximately 1:15 a.m., law enforcement officers
responded to the scene of a homicide at a home on Kent Street in Flint, Michigan.
Upon arrival, officers discovered a man, identified here as Victim-1, deceased on
the floor from multiple gunshot wounds. There was also a woman, identified here as
Victim-2, inside the house. Victim-2 had also been shot once in the foot and once in
the buttocks. Victim-2 was taken to a hospital and survived the gunshots and her
injuries.

5. Detectives interviewed Victim-2. She said that on the night of the
shooting three men entered the home and were speaking with Victim-1 when one of
the men placed a firearm to her head and told her to sit on the couch. Victim-2 heard
the man with the gun ask Victim-1, “Where is the money?” Victim-2 explained that
she was holding Victim-1’s nine-year-old son, while the men robbed Victim-1 of

money and a large quantity of marijuana. As the robbers left, Victim-2 used her body

' The theft of drugs and drug proceeds, even if it only affects the intrastate sale of marijuana,
satisfies the commerce element for the Hobbs Act, 18 U.S.C. § 1951. Taylor v. United States,
579 U.S. 301, 303 (2016) (emphasis added).

2
Case 4:23-mj-30117-Cl ECF No.1, PagelD.4 Filed 03/23/23 Page 4 of 10

to shield the nine-year-old as the man with the gun fired shots at Victim-1 and toward
her. Victim-2 heard multiple gunshots and felt some pain. The three men then fled
from the house to a vehicle and left. Victim-2 said she had seen one of the robbers
before and believed he was an associate of Victim-1. Victim-1’s nine-year-old son
stated that he thought one of the robbers had previously bought marijuana from his
father.

6. Law enforcement officers who responded to the homicide collected
ammunition, including twelve spent cartridge casings and bullet fragments, from
inside the Kent Street home. The fired ammunition was sent to the Michigan State
Police crime lab. The crime lab examined the twelve spent shell casings and
determined they were all fired from one 9mm firearm.

7. On July 17, 2019, Victim-2 met with a Michigan State Police forensic
artist and prepared a composite sketch of the shooting suspect.

8. On July 26, 2019, another ATF agent and I interviewed an informant,
identified here as Person-1, who was providing information in an effort to reduce
sentencing exposure on a pending charge. Person-1 stated that he had been recently
driving in a vehicle with a man he identified as “Jaffe.” The two of them drove past
the house on Kent Street and Jaffe told Person-1 that it would be a good spot to “hit

a lick.” (From my training and experience, I know “hit a lick” is street slang for
Case 4:23-mj-30117-Cl ECF No.1, PagelD.5 Filed 03/23/23 Page 5 of 10

committing an armed robbery.) Person-1 told me that a few days after that he
contacted “Jaffe” by calling telephone number ( } -7589 and had a phone
conversation with “Jaffe” in which “Jaffe” stated he had robbed the home on Kent
Street that they had previously spoken about.

9. Based on the information provided by Person-1, I spoke with the
detectives investigating the homicide on Kent Street. The detectives provided me
with the composite sketch completed by the Michigan State Police artist at the
direction of Victim-2. I showed Person-1 the composite sketch and Person-1
identified the man as “Jaffe.” Person-l explained that he did not know the actual
identity of “Jaffe,” but just knew his nickname. Person-1 is now deceased.

10. Investigators obtained records related to the phone number ( } -
7589, which Person-1 told me was “Jaffe’s” phone number. The records indicated
that the subscriber of the phone was a person who I have identified here as Person-
2. Investigators interviewed Person-2, who stated that the phone was used by Darel
King and that King’s nickname is “Jaffe.” During my investigation, other law
enforcement and I have also spoken with other people who have stated that King

uses the nickname “Joffy” or “Jaffe.”
Case 4:23-mj-30117-Cl ECF No.1, PagelD.6 Filed 03/23/23 Page 6 of 10

11. In February 2020, investigators showed a photo lineup featuring King
and other individuals to Victim-2. Victim-2 reviewed the lineup and picked King out
stating, “That is the man who shot me.”

12. As part of my investigation, I learned that on July 11, 2019, an
anonymous source submitted a tip to law enforcement about the robbery and murder.
The tip provided a narrative and a video clip from a recorded PlayStation video
basketball game. The following is an extract from the narrative.

e “I was on the Playstation 4 playing with the 41 year old man that dies
at the scene in the [J block of Kent Street near Seymour Avenue...he
was playing the game with several people in a party chat on the game
system. I have a short clip that proves that I just want justice to be
served...His gamer tag is Pe. We heard all the arguments,
and further gun shots. I hope this video helps. The conflict starts at the
25-second mark.”

13. [reviewed the PlayStation video which had captured audio of the armed
robbery and murder. At approximately 00:25 into the PlayStation video, I heard a
male voice saying, “Don’t move. Talk quick. Where is the money at? You got thirty
seconds bro. I have been sitting outside your house since earlier, man. Where the

fucking money at? You got thirty seconds. Think I’m playing? If I don’t find no
Case 4:23-mj-30117-Cl ECF No.1, PagelD.7 Filed 03/23/23 Page 7 of 10

money in twenty seconds bro, if I don’t find no fucking bows and no money in
twenty second bro, I’m sorry....” (Based on my training and experience I am aware
that the term “bows” refers to a pound package of marijuana.) During the PlayStation
video, I could hear another male voice counting down from thirty during the above-
quoted conversation.

14. At approximately 2:26 into the PlayStation video, I heard the first of
twelve gunshots. The twelve gunshots are consistent with the twelve spent 9mm
cartridge casings that police found when they responded to the house on Kent Street.

15. After receiving the PlayStation video, I contacted Victim-2. Victim-2
stated that Victim-1 was playing on his PlayStation in his bedroom prior to the
incident. I played a portion of the audio to Victim-2. Victim-2 told me the audio was
exactly how the robbery and shooting occurred. In a later discussion, Victim-2 also
stated that the male voice was that of the man who had the gun and who shot her and
Victim-1. Victim-2 also stated that besides marijuana, Victim-1 sold cocaine base
and powder cocaine from his home, and that the robbers took approximately ‘4 of a
kilogram of powder cocaine and took cocaine base from Victim-1.

16. AnATF Task Force Officer and I also contacted Person-2. I played the
audio from the PlayStation video for Person-2 from 00:25 to 00:45, which contains

a portion of the dialogue referenced in paragraph 13. Person-2 identified the male
Case 4:23-mj-30117-Cl ECF No.1, PagelD.8 Filed 03/23/23 Page 8 of 10

voice as that of Darel King. I asked Person-2 from 0% to 100% how sure Person-2
was about it being Darel King. Person-2 answered, “That’s him...100%.”

17. I also reviewed records Sony Interactive pertaining to Sony PlayStation
handles depicted on the PlayStation video clip. Based on the records, I was able to
identify two men, who I refer to here as Person-3 and Person-4. The handles
indicated that somebody using Person-3 and Person-4’s PlayStation accounts were
playing the basketball game depicted in the PlayStation video.

18. I contacted Person-3 by phone and asked him about the incident.
Person-3 confirmed his PlayStation handle and stated that he remembered hearing
what he believed to be an armed robbery and shooting while playing PlayStation
Live in July of 2019. I re-connected with Person-3 via Facetime and played the
PlayStation video for him. Person-3 agreed that he remembered the incident just as
he saw it from the video.

19. I also contacted Person-4 and asked him about the incident. Person-4
confirmed his PlayStation handle and stated that he was present on PlayStation Live
during the incident. I called Person-4 via Facetime so he could observe the
PlayStation video and hear the audio recording of the robbery and murder. After
watching the video, Person-4 advised that the video was exactly how it happened on

the night of the incident.
Case 4:23-mj-30117-Cl ECF No.1, PagelD.9 Filed 03/23/23 Page 9 of 10

20. In October 2020, King was arrested on a state arrest warrant for charges
related to the July 10, 2019 murder. After a court hearing in May 2021, the case was
dismissed. During the hearing the state prosecutor indicated that the state intended
to re-issue the case immediately. Later on the same day as the hearing, King was
released from custody. In between the time of the hearing and his release, King made
a phone call and stated that if he was released, “I am running from this
motherfucker.” King was later arrested in October of 2021 in Nevada on federal
charges for another matter.

21. As part of the investigation, law enforcement conducted an interview
with a person identified here as Person-5. Person-5 provided information to law
enforcement with the intent to reduce their potential sentence for pending criminal
charges. Person-5 provided me and other members of law enforcement with truthful
information, that we have been able to verify. Person-5 has never provided me with
false information, and I am not aware of Person-5 providing false information to
other law enforcement. I believe the following information from Person-5 is
credible. Person-5 advised they had numerous conversations with Darel King while
incarcerated together and was familiar with King’s voice. Person-5 listened to the
excerpt of the PlayStation video in paragraph 13, and recognized King’s voice.

22. I also spoke with a person identified here as Person-6. Person-6
Case 4:23-mj-30117-Cl ECF No.1, PagelD.10 Filed 03/23/23 Page 10 of 10

provided information to law enforcement with the intent to reduce their potential
sentence for pending criminal charges. Person-6 explained that they were familiar
with King’s voice. I was able to verify that Person-6 was familiar with King. Person-
6 listened to the PlayStation video and identified King as the speaker of the words
in paragraph 13.

23. Based on the foregoing, there is probable cause that on July 10, 2019,
in the Eastern District of Michigan, Darel King, knowingly and unlawfully affected
commerce by robbery in violation of 18 U.S.C. § 1951. There is also probable cause
that on July 10, 2019, in the Eastern District of Michigan, Darel King knowingly
used a firearm during and in relation to a crime of violence that may be prosecuted
in a court of the United States, and King using the firearm to commit murder, all in

violation of 18 U.S.C. § 924(q).

Dustin Hurt, A ffidnt
Special Agent

Bureau of Alcohol, Tobacco, Firearms & Explosives

Sworn to before me and signed in my presence and/or by reliable electronic means
on this 23™ day of March, 2023.

Hon. Curtis Ivy, Jr.
United States Magistrate Judge


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