Case 1:20-cr-00331-RRM Document 1 Filed 08/07/20 Page 1 of 5 PageID #: 1

NS:MEG/JM
F. #2020R00697

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
---------------------------X

UNITED STATES OF AMERICA COMPLAINT AND

AFFIDAVIT IN SUPPORT
- against - OF ARREST WARRANT

MALIEK MILLER, (18 U.S.C. § 922(g))

Defendant. 20-MJ-646

---------------------------X

EASTERN DISTRICT OF NEW YORK, SS:

STEVE SCHILIRO, being duly sworn, deposes and states that he is a Special

Agent with the Federal Bureau of Investigation, duly appointed according to law and acting

as such.

Upon information and belief, on or about July 4, 2020, within the Eastern

District of New York, the defendant MALIEK MILLER, knowing that he had previously

been convicted in a court of a crime punishable by a term of imprisonment exceeding one

year, did knowingly and intentionally possess in and affecting commerce ammunition, to wit:

one RP .380 caliber shell casing.

(Title 18, United States Code, Section 922(g)(1))

The source of your deponent’s information and the grounds for his belief are

as follows: 1

1
Because the purpose of this Complaint is to set forth only those facts necessary
to establish probable cause to arrest, I have not described all the relevant facts and
circumstances of which I am aware.
 Case 1:20-cr-00331-RRM Document 1 Filed 08/07/20 Page 2 of 5 PageID #: 2

1. I am a Special Agent with the Federal Bureau of Investigation (“FBI”)

and have been involved in the investigation of numerous cases involving street gangs

involved in criminal activity including murder, assault, drug trafficking, firearms offenses

and fraud. I am familiar with the facts and circumstances set forth below from my

participation in the investigation; my review of the investigative file, including the

defendant’s criminal history record; and from reports of other law enforcement officers

involved in the investigation.

2. As set forth in more detail below, based on my interviews with multiple

witnesses and my review of surveillance footage, there is probable cause to believe that on

July 4, 2020, the defendant Maliek Miller possessed a .380 caliber shell casing, which he

discharged from a firearm by firing it in front of 1259 Loring Avenue, a residential building

in the Louis H. Pink Houses, a New York City Housing Authority complex in East New

York, Brooklyn (the “Pink Houses”). My review of surveillance video of the incident

reveals that, among others, Shatavia Walls was present when the defendant discharged the

firearm. I am aware that three days later, on July 7, 2020, Ms. Walls was repeatedly shot in

the Pink Houses and that two different caliber shell casings (.380 caliber and .40 caliber)

were recovered from the scene; Ms. Walls later died from her injuries. I am aware that an

analyst from the New York City Police Department Firearm Analysis Section compared the

single .380 caliber shell casing recovered from the July 4 shooting and the July 7 shooting

and determined that they were fired from the same firearm.

3. I am informed by two eyewitnesses, both of whom had known the

defendant Maliek Miller for a number of years, of the following in sum and substance and in

part: (i) on July 4, 2020, the defendant Maliek Miller approached a group of people that
 Case 1:20-cr-00331-RRM Document 1 Filed 08/07/20 Page 3 of 5 PageID #: 3

included Ms. Walls in front of 1259 Loring Avenue; (ii) an argument and physical

confrontation ensued; (iii) during the physical confrontation, the defendant Maliek Miller

fired a single round from a firearm before leaving the area; (iv) after the shooting, a driver’s

license bearing the defendant’s name and photograph was present on the ground in the

vicinity of where the physical confrontation had taken place, as was a single shell casing; and

(v) Ms. Walls took custody of the driver’s license and shell casing.

4. These eyewitness accounts are corroborated in part by surveillance

footage of the incident and of the defendant prior to the shooting, which I have reviewed.

On the surveillance footage, I observed a person who appears to be the defendant Maliek

Miller (based on my familiarity with his photograph as depicted on his driver’s license and

criminal history report) in the lobby of 2676 Linden Boulevard, another residential building

in the Pink Houses, shortly before the shooting wearing distinctive shorts. At approximately

9:55 p.m., the same individual (still wearing the distinctive shorts) walked toward 1259

Loring Avenue in the company of another man. I am aware that Ms. Walls—with whom I

am familiar based on prior interactions—was among a small group of people assembled in

front of 1259 Loring Avenue at that time. It is apparent that a physical confrontation

ensues, albeit partly off-camera. Immediately prior to that, the man with whom the

defendant was walking as he approached 1259 Loring Avenue entered the building and

remained inside while the defendant was engaged in the physical confrontation immediately

outside. The moment at which the firearm was fired is apparent from the reaction of those

in the immediate vicinity; specifically, Ms. Walls and others abruptly disperse from the

immediate area where the physical confrontation had occurred and the defendant (who is

identifiable from his distinctive shorts) runs away from 1259 Loring Avenue. The portion
 Case 1:20-cr-00331-RRM Document 1 Filed 08/07/20 Page 4 of 5 PageID #: 4

of the surveillance video surrounding the firing of the gun is consistent with the eyewitness

accounts.

5. On July 21, 2020, I took custody of the RP .380 caliber shell casing and

driver’s license bearing the defendant’s name and photograph that, according to the

eyewitnesses, had previously been in Ms. Walls’ custody. I received these items from a

family member of Ms. Walls, who reported to me that Ms. Walls had entrusted the items to

this family member on July 5, 2020, one day after the shooting took place. Said family

member retained custody of the items until turning them over to law enforcement.

6. I am aware that the shell casing I received from Ms. Walls’ family

member is an RP .380 caliber shell casing. I am informed by a fellow FBI Special Agent

who has been qualified as an Interstate Nexus Specialist that the RP .380 caliber shell casing

discussed herein was manufactured outside of the state of New York.

7. I am aware that at the time of the July 4 shooting, the defendant was

under court supervision following his conviction on December 6, 2017, by guilty plea, to

Attempted Assault in the First Degree (Intent to Cause Serious Injury With a Weapon), in

violation of New York Penal Law Section 120.10(1). For this offense he was subsequently

sentenced to 42 months’ imprisonment, plus five years of post-release supervision.

 Case 1:20-cr-00331-RRM Document 1 Filed 08/07/20 Page 5 of 5 PageID #: 5

WHEREFORE, your deponent respectfully requests that an arrest warrant be

issued for the defendant MALlEK MILLER so that he may be dealt with according to law.

~~
Special Agent, Federal Bureau ofInvestigation

Sworn to before me this

_7 day of August, 2020

THE HONORABLE STEVEN M. GOLD

UNITED STATES MAGISTRATE JUDGE
EASTERN DISTRICT OF NEW YORK
TO: Clerk’s Office
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
________________________________________

APPLICATION FOR LEAVE

TO FILE DOCUMENT UNDER SEAL

A) If pursuant to a prior Court Order:

********************************
Criminal Complaint and Arrest Warrant
-v.-
Docket Number of Case in Which Entered:___________________
Judge/Magistrate Judge:__________________________________
Date Entered:___________________________________________
20-MJ-646
_____________________
Docket Number

********************************
B) If a new application, the statute, regulation, or other legal basis that
SUBMITTED BY: Plaintiff____ Defendant____ DOJ ____
✔ authorizes filing under seal
Name:__________________________________________
James P. McDonald
Firm Name:______________________________________
U.S. Attorney's Office -- E.D.N.Y. Ongoing criminal investigation.
__________________________________________________________
Address:_________________________________________
271 Cadman Plaza East __________________________________________________________
________________________________________________
Brooklyn, NY 11201
Phone Number:___________________________________
718-254-6376 ORDERED SEALED AND PLACED IN THE CLERK’S OFFICE,
E-Mail Address:___________________________________
james.mcdonald@usdoj.gov AND MAY NOT BE UNSEALED UNLESS ORDERED BY
THE COURT.
INDICATE UPON THE PUBLIC DOCKET SHEET: YES NO ✔ __
If yes, state description of document to be entered on docket sheet: DATED: Brooklyn , NEW YORK

__________________________________________________ _________________________________________________________

__________________________________________________ U.S. MAGISTRATE JUDGE

Aug. 7, 2020

RECEIVED IN CLERK’S OFFICE___________________________

DATE
MANDATORY CERTIFICATION OF SERVICE:
A.) ___ A copy of this application either has been or will be promptly served upon all parties to this action, B.) ___ Service is excused by 31 U.S.C. 3730(b), or by
the following other statute or regulation:______; or C.) ____This
✔ is a criminal document submitted, and flight public safety, or security are significant concerns.
(Check one)
Case 1:20-cr-00331-RRM Document 1-1 Filed 08/07/20 Page 1 of 1 PageID #: 6

August 7, 2020
__________________ ______________________________
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_ ______________________
DATE SIGNATURE