Criminal Complaint — United States v. Lamel Johnson (Dkt. 1, C.D. Ill.)

Summary

FBI Special Agent John Tallarico swore this criminal complaint, filed January 5, 2021 in the Central District of Illinois (No. 1:21-mj-06003-JEH), charging Lamel Johnson with possessing a firearm after a prior felony conviction, under Title 18, Section 922(g). The affidavit states that on September 28, 2020 Normal Police Department officers arrested Johnson during a traffic stop of a vehicle driven by Tremayne Wilson, after a controlled purchase of a handgun from Wilson, and removed a Smith & Wesson SD9 VE nine millimeter handgun from Johnson's waistband. It says a 16 round capacity magazine with 14 rounds was inserted in the gun, that ATF indicated it was not manufactured in Illinois, and lists five prior felony convictions in Cook and McLean counties from 2003 to 2015, three of them for armed robbery armed with a firearm. Magistrate Judge Jonathan E. Hawley signed the complaint.

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1:21-mj-O6003-JEH #1. Filed: 01/05/21 Paget1iof5
g E-FILED

Tuesday, 05 January, 2021 11:02:45 AM
Clerk, U.S. District Court, ILCD

AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
Central District of Illinois
United States of America »)
v. )
)
)
)
a LAMEL JOHNSON )
Defendant(s)
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 28, 2020 in the. county of McLean in the
Central District of ilinois , the defendant(s) violated:
Code Section Offense Description
Title 18 United States Code, defendant herein, having knowingly been previously convicted under the laws of the
Section 922(g) State of Illinois of a crime punishable by imprisonment for a term exceeding one
year, did knowingly possess in and affecting interstate and foreign commerce, a
firearm.

This criminal complaint is based on these facts:

See attached Affidavit

@ Continued on the attached sheet.
s/John Tallarico

cy Complainant’s signature
JOHN TALLARICO, FB! SPECIAL AGENT
Printed name and title

Sworn and subscribed to me telephonically pursuant to Fed. P
Crim. P. 41(d)(3) and Rule 4.1, 4 s/Jonathan E. Hawley

; Wan udge's signature Q
City and state: (A ry _f{~ Jonathan E. Hawley,United States Magistfate Judge

Printed name and title
Affidavit in Support of Criminal Complaint

I, Special Agent John Tallarico, hereby depose and state the following:

1. I ama Special Agent with the Federal Bureau of Investigation (FBI) and
have been so employed for over nine years. I am currently assigned to the Springfield
Division's Safe Streets Peoria Area Task Force, which investigates gangs, violent crime,
and drug activity in the Peoria, IL and Bloomington-Normal, IL area. During my time
as a Special Agent, I have been involved in investigating criminal gang activity and
narcotics distribution. My duties include the investigation of violations of federal law. I
have participated in multiple gang related investigations, arrests and gang related
interviews. I have participated in the investigation of violent and gang related crimes, to
include racketeering, firearms, and narcotics offenses. I have investigated and
participated in cases involving persons violating the federal firearms and narcotics
laws, as well as individuals violating racketeering laws.

2. This affidavit is submitted in support of a criminal complaint alleging that
Lamel Johnson violated Title 18, United States Code, Section 922(g)(1) (Felon in
Possession of a Firearm).

3. Because this affidavit is submitted for the limited purpose of establishing
probable cause in support of a criminal complaint, I have not included every fact
known to me in this investigation. I have set forth only the facts that I believe are
necessary to establish probable cause to believe that the defendant committed the

offense alleged in the complaint.
4, The facts that establish the probable cause necessary for issuance of the
criminal complaint are either personally known to me or have been told to me directly
by other law enforcement officers with whom I have worked with on this case or I have
learned from reviewing documents.

5. On September 28, 2020, the Normal Police Department (NPD) conducted a
controlled evidence purchase of a Hi-point nine millimeter handgun from Tremayne
Wilson, a felon and documented member of the Four Corner Hustlers street
gang. Following the controlled purchase from Wilson, NPD arrested Wilson by
conducting a traffic stop of the vehicle Wilson was driving. Wilson was charged with
Illinois crimes for unlawful sale/ delivery of a firearm and felon in possession of a
firearm. At the time of the traffic stop, Lamel Johnson was in the vehicle with Wilson.
Johnson was arrested for possessing a Smith and Wesson SD9 VE nine millimeter
handgun in his (Johnson's) waistband, and was subsequently charged with the Illinois
crime of felon in possession of a firearm.

6. Your affiant viewed body camera footage from the NPD police officer
who arrested Johnson on September 28,2020. The following is a summary of the most
pertinent portions of the body camera footage:

After placing Johnson in handcuffs, the arresting officer asked Johnson for his

name and date of birth. After Johnson provided his full name and date of birth,

the arresting officer asked Johnson if there was anything on him (Johnson) that
he (arresting officer) needed to be aware of. Johnson informed the arresting
officer that he (Johnson) had a gun in the front of his waist. The arresting officer

2
1:21-mj-0O6003-JEH #1 Filed: 01/05/21 Page4of5

then removed a black and silver colored Smith & Wesson handgun from

Johnson’s waistband. After rendering the firearm safe, the arresting officer

continued to search Johnson with Johnson’s consent. Johnson also acknowledged

to having “about a blunt’s worth” of cannabis on him, which was recovered by
the arresting officer.

7. Following Johnson’s arrest, an NPD detective conducted an interview
with Johnson. After the detective read Johnson his Miranda Rights, Johnson began to
answer some questions. Johnson acknowledged being in the car with his cousin and
advised that they were going to smoke weed. Johnson denied knowing anything about
a gun. Johnson eventually invoked his right to counsel and the interview was
concluded. NPD detectives later determined that Johnson and Tremayne Wilson are
cousins.

8. The Smith & Wesson SD9 VE handgun bears the serial number HEN0328.
At the time NPD recovered the handgun from Johnson, a 16 round capacity magazine
was inserted in the handgun. There were 14 nine millimeter rounds in the magazine,
but no round was chambered. The cannabis recovered from Johnson weighed
approximately 1.5 grams.

9. The Bureau of Alcohol, Tobacco, Firearms (ATF) has indicated that the
Smith and Wesson SD9 VE nine millimeter handgun seized from Johnson was not
manufactured in Illinois and therefore has previously traveled in and affected interstate

commerce.
1:21-mj-06003-JEH #1 Filed: 01/05/21 Page5of5

10. Criminal history records indicate that Lamel Johnson has previously been
convicted of the following felony offenses:

e Unlawful Possession of a Stolen Vehicle; Cook County, Ilinois Circuit Court
Case No. 01CR3009601; October 30, 2003;

e Armed Robbery Armed with a Firearm; Cook County, Illinois Circuit Court Case
No. 01CR3009501; July 29, 2004;

¢ Armed Robbery Armed with a Firearm; Cook County, Illinois Circuit Court Case
No. 01CR3009303; August 18, 2004;

e Armed Robbery Armed with a Firearm; Cook County, Hlinois Circuit Court Case
No. 01CR3009402; August 18, 2004; and

e Manufacture or Delivery of 15 Grams or Less of Cocaine; McLean County,

[linois Circuit Court Case No. 2014CF000293; February 17, 2015.

FURTHER AFFIANTSAYETH NAUGHT.
s/John Tallarico

JOHN TALLARICU, Special Agent
Federal Bureau of Investigation

Sworn and subscribed to me telephonically pursuant to Federal Rules of Criminal

Procedure 41(d)(3) and 4.1 on this 5th day of January, 2021.
s/Jonathan E. Hawley

JON ATHAN HAWLEY, Magistrate Judge [
AUnited States District Court (
4

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