Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 1 of 9

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 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 2 of 9

AFFIDAVIT OF ATF TASK FORCE OFFICER

ZACHARY TRZESNIEWSKI IN SUPPORT OF CRIMINAL COMPLAINT

I, Zachary Trzesniewski, a Task Force Officer with the United States Bureau of Alcohol,

Tobacco, Firearms and Explosives, being duly sworn, hereby state:

INTRODUCTION

1. I submit this affidavit in support of a criminal complaint charging Damion Jay

PHILLIPS (“PHILLIPS”) for being a felon in possession of a firearm, in violation of Title 18,

United States Code, Section 922(g)(1). For the reasons stated below, I submit that there is

probable cause to believe that, on or about July 12, 2020, PHILLIPS—who has several previous

felony convictions—possessed a firearm in Milford, California, which is in the Eastern District

of California.

SOURCES OF INFORMATION

2. This affidavit is submitted for the limited purpose of securing a criminal

complaint and arrest warrant. I have not included every fact known to me concerning this

investigation. Instead, I have set forth only the facts necessary to establish probable cause that

violations of the federal law identified above have occurred.

3. I have based my statements in this affidavit on my training and experience, my

personal knowledge of the facts and circumstances obtained through my participation in this

investigation, information provided by other agents and law enforcement officers (including

officers with the California Highway Patrol (“CHP”)), information provided by reports prepared

by other agents and law enforcement officers, and information provided by records and databases

(e.g., information concerning PHILLIPS’ criminal history). Where I refer to conversations and

events in this affidavit, I refer to them in substance and in relevant part rather than in their

entirety or verbatim, unless otherwise noted. This affidavit also reflects my current

understanding of the facts relating to this investigation, but my understanding may change in the

future as the investigation proceeds.

 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 3 of 9

AFFIANT BACKGROUND AND EXPERIENCE

4. I am a Task Force Officer (“TFO”) with the United States Bureau of Alcohol,

Tobacco, Firearms and Explosives (“ATF”) and have been so sworn since March 2016. I am

presently assigned to the ATF Oakland Field Office in Oakland, California. I am a law

enforcement officer of the United States within the meaning of Title 18, United States Code,

Section 2510(7). I was trained as a police officer at the CHP Academy in Sacramento, and I am

currently employed by the CHP.

5. As an ATF TFO, I have conducted and participated in both state and federal

investigations involving the trafficking of firearms and distribution of controlled substances. I

have investigated and assisted in the prosecution of criminal street gangs engaged in illegal

narcotics and firearms trafficking. During these investigations, I have participated in various

types of investigative techniques, including electronic surveillance, the use of undercover agents

and informants, and controlled purchases of firearms and narcotics from suspects. I also have

participated in physical surveillance operations and in the execution of state and federal arrest

warrants and search warrants. In addition to utilizing the aforementioned investigative

techniques, I have been required during these investigations to analyze information resulting

from traditional record searches, pen registers and trap and trace devices, financial records,

utility records, and telephone toll and subscriber records.

6. As a result of my training and experience with CHP and as an ATF TFO, I am

familiar with the state and federal laws pertaining to firearms. For example, I know that it is

unlawful under Title 18 of the United States Code for a convicted felon to possess a firearm or

ammunition.

APPLICABLE LAW

7. Under 18 U.S.C. § 922(g)(1), it is unlawful for any person who knows that he or

she has been previously convicted of a crime punishable by imprisonment for a term exceeding

one year to knowingly possess a firearm or ammunition that has travelled in or affected interstate

commerce.
 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 4 of 9

FACTS ESTABLISHING PROBABLE CAUSE

A. PHILLIPS’ Felony Status

8. I have reviewed a criminal history report for PHILLIPS, which indicates that he

has previously been convicted of several felonies for which he received a sentence greater than

one year in prison. His previous felony convictions include the following:

a. On or about March 17, 2017, PHILLIPS was sentenced to four years in

prison after being convicted for possessing a firearm as a convicted felon, which is a felony

violation of California Penal Code § 29800(a)(1);

b. On or about April 29, 2015, PHILLIPS was sentenced to one year in

prison after being convicted of a drug paraphernalia charge in violation of Arizona Statute § 13-

3415;

c. On or about March 26, 2014, PHILLIPS was sentenced to eight months in

prison after being convicted of attempted arson, which is a felony violation of California Penal

Code § 451(d);

d. On or about June 29, 2012, PHILLIPS was sentenced to five years in jail

after being convicted for manufacturing methamphetamine, which is a felony violation of

California Health & Safety Code § 11379(6)(a);

e. On or about September 7, 2005, PHILLIPS was sentenced to two years in

prison after being convicted for possessing methamphetamine for sale, which is a felony

violation of California Health & Safety Code § 11379(6)(a);

f. On or about April 29, 2004, PHILLIPS was sentenced to 180 days in

prison after being convicted of burglary, which is a felony violation of California Penal Code

§ 459, and fraud, which is a felony violation of California Penal Code § 476(a); and

g. On or about June 5, 2003, PHILLIPS was sentenced to sixteen months in

prison after being convicted of petty theft with a prior offense, which is a felony violation of

California Penal Code § 666.

 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 5 of 9

9. As a previously convicted felon, PHILLIPS is prohibited from possessing

firearms and ammunition.

B. PHILLIPS’ Possession of a Firearm on July 12, 2020

10. On July 12, 2020, at approximately 6:20 p.m., Susanville CHP dispatch advised

law enforcement of a reported reckless driver. It was reported that the reckless driver was

driving a black Pontiac GTO, was displaying paper license plates, and was driving on US 395

northbound near South Constantia Road.

11. CHP Officer Trevor Wilder was on a traffic stop on US 395 northbound in

Milford, California. While at this location, Officer Wilder—who had heard the Susanville

dispatch report about a reckless driver—observed a black 2000 Pontiac GTO (“Pontiac”)

traveling on US 395 northbound with no front license plate and with a paper rear plate that was

unreadable. Because the vehicle did not have a front license plate, the driver of the vehicle was

violating California Vehicle Code § 5200(a).

12. Officer Wilder ended his traffic stop, returned to his patrol vehicle, and drove

after the Pontiac. While driving on US 395 northbound, Officer Wilder located the Pontiac.

Officer Wilder positioned his patrol vehicle behind the Pontiac as the #2 lane of the road merged

with the #1 lane. At this time, the Pontiac swerved to the right across the white roadway line and

onto the shoulder of the road. Officer Wilder initiated a traffic enforcement stop by activating

his emergency lights and briefly hitting the siren. However, the Pontiac continued driving for

approximately one mile. After Officer Wilder modulated the siren several times, the Pontiac

yielded.

13. Officer Wilder exited his patrol vehicle and contacted the driver, who was the sole

occupant of the vehicle. During the initial contact, Officer Wilder observed that the driver

appeared to be nervous and fidgety. Officer Wilder also observed that the steering column for

the Pontiac appeared to be stripped and that there was no key in the hanging ignition.

14. Officer Wilder requested the driver’s license, vehicle registration, and proof of

insurance. The driver advised that he did not have his driver’s license on his person, but he did
 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 6 of 9

provide Officer Wilder with his identifying information, including his full name, date of birth,

and driver’s license number. Officer Wilder was able to positively identify PHILLIPS by

inputting this information into Cal-Photo, an online tool that collects images from, among other

sources, the California DMV.

15. Officer Wilder asked PHILLIPS if he was the registered owner of the Pontiac.

PHILLIPS related that he had just purchased the Pontiac a few days prior. As PHILLIPS moved

a jacket lying on the passenger seat to provide Officer Wilder with the Pontiac’s vehicle

registration, Officer Wilder observed a suspected methamphetamine pipe between the passenger

seat and the center console of the Pontiac. PHILLIPS provided Officer Wilder with the

registration for the Pontiac, which showed PHILLIPS as the owner of the vehicle.

16. After a California driver’s license check, Officer Wilder learned that PHILLIPS

was driving on a suspended license, which is a violation of California Vehicle Code

§ 14061.1(a).

17. Officer Wilder advised PHILLIPS of his suspended license and requested that he

step out of the Pontiac. PHILLIPS remained seated in the PONTIAC and asked Officer Wilder

why he needed to exit the vehicle. Officer Wilder told PHILLIPS that he was going to provide

him with a traffic ticket and give him paperwork for his suspended driver’s license. As

PHILLIPS was exiting the Pontiac, he briefly reached down with his right hand toward the

bottom of the driver seat.

18. Officer Wilder detained PHILLIPS and notified him that the Pontiac would be

impounded due to PHILLIPS’ suspended driver’s license.

19. After an additional CHP officer arrived on scene, Officer Wilder conducted a

probable cause search of the Pontiac based on the suspected methamphetamine pipe that he had

seen in plain view during the initial stop. In addition, Officer Wilder conducted a vehicle

inventory prior to the Pontiac being towed. During the search and inventory of the Pontiac,

Officer Wilder located a loaded Glock 19 9mm semi-automatic handgun (serial number

BGAT500) under the driver seat. Officer Wilder retrieved the Glock 19 and rendered the firearm
 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 7 of 9

safe. The Glock 19 was loaded with one 9mm round of ammunition in the chamber, as well as

twelve 9mm rounds in the fifteen-round magazine that was inserted in the firearm. The

additional CHP officer who was standing next to PHILLIPS during the search and inventory

stated that when Officer Wilder retrieved the Glock 19 out of the Pontiac, PHILLIPS said

“Fuck.”

20. The Glock 19 9mm semi-automatic handgun that was found in PHILLIPS’

Pontiac on July 12, 2020 is a “firearm” as defined in 18 U.S.C. § 921(a)(3). The firearm that

Officer Wilder retrieved from the Pontiac is pictured below:

 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 8 of 9

21. Officer Wilder informed PHILLIPS that he was under arrest, and he read

PHILLIPS his Miranda rights using a department-issued card. PHILLIPS indicated that he

understood those rights, and he told Officer Wilder that he did not know that the firearm was in

the car.

C. The Firearm Traveled in Interstate Commerce

22. In the course of my investigation in this case, I communicated with Special Agent

Christopher Bailey, who is an ATF interstate nexus expert. Special Agent Bailey confirmed that

the Glock 19 9mm semi-automatic handgun (serial number BGAT500) that Officer Wilder

recovered from PHILLIPS’ Pontiac was not manufactured in the state of California. As a result,

the Glock 19 must have traveled through interstate commerce before coming into PHILLIPS’

possession in the Eastern District of California.

REQUEST TO SEAL AFFIDAVIT, CRIMINAL COMPLAINT, AND ARREST

WARRANT

23. PHILLIPS is not currently in federal or state custody as a result of the above-

described incident. Moreover, based on my review of PHILLIPS’ previous criminal history, I

know that he has previous charges for, among other things, failure to appear in court.

24. Accordingly, based on my training and experience, and based on the training and

experience of other law enforcement officers involved in this investigation, the premature

disclosure of the existence of this affidavit, the complaint, the arrest warrant, and related

documents may cause PHILLIPS or other co-conspirators unknown at this time to flee, destroy

evidence, or otherwise conceal on-going criminal activity, jeopardizing the progress of the

ongoing investigation. I therefore request that the Court seal this affidavit, the complaint, the

arrest warrant, and related documents.

CONCLUSION

25. Based on the information set forth in the paragraphs above, I submit that there is

probable cause to believe that on or about July 12, 2020, in the Eastern District of California,
 Case 2:20-mj-00156-DB Document 1 Filed 10/09/20 Page 9 of 9

Damion Jay PHILLIPS committed the crime of being a felon in possession of a firearm, namely

a Glock 19 9mm semi-automatic handgun (serial number BGAT500), in violation of 18 U.S.C.

§ 922(g)(1). I therefore request that a criminal complaint and arrest warrant be issued for

Damion Jay PHILLIPS.

I declare under penalty of perjury that the foregoing is true and correct to the best of my

knowledge, information, and belief.

V=DFKDU\7U]HVQLHZVNLVLJQHGHOHFWURQLFDOO\
Zachary Trzesniewski
Task Force Officer
Bureau of Alcohol, Tobacco, Firearms and
Explosives


Sworn to me and signed telephonically on this ______ day of October, 2020.

Approved as to form:

AARON D. PENNEKAMP
ASSISTANT UNITED STATES ATTORNEY