[OPF List] Tsarnaev not guilty of federal charges

Gary Hunt hunt at outpost-of-freedom.com
Mon Jul 15 04:06:53 KST 2013


What Jon has pointed out is an extension of authority previously expanded
upon, though apparent, in the McVeigh Indictment.

You will not that Charge #38 lists (the list is not included in this copy)
those that died, though there is no charge of murder.

However, in the Counts, there are only 8 counts of "First Degree Murder
(perhaps destruction of government property?) - Counts 4 through 11. 

*****

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA, Plaintiff, -vs- TIMOTHY JAMES McVEIGH and TERRY
LYNN NICHOLS, Defendants.

No. CR 95-110 Violations: 18 USC s 2332a; 18 USC s 844(f); 18 USC s 1114; 18
USC s 1111; & 18 USC s 2(a) & (b)

INDICTMENT COUNT ONE (Conspiracy to Use a Weapon of Mass Destruction) The
Grand Jury charges: 

1. Beginning on or about September 13, 1994 and continuing thereafter until
on or about April 19, 1995, at Oklahoma City, Oklahoma, in the Western
District of Oklahoma and elsewhere, TIMOTHY JAMES McVEIGH and TERRY LYNN
NICHOLS, the defendants herein, did knowlingly, intentionally, willfully and
maliciously conspire, combine and agree together and with others unknown to
the Grand Jury to use a weapon of mass destruction, namely an explosive bomb
placed in a truck (a "truck bomb"), against persons within the United States
and against property that was owned and used by the United States and by a
department and agency of the United States, namely, the Alfred P. Murrah
Federal Building at 200 N.W. 5th Street, Oklahoma City, Oklahoma, resulting
in death, grievous bodily injury and destruction of the building.

2. It was the object of the conspiracy to kill and injure innocent persons
and to damage property of the United States.

THE MANNER AND MEANS USED BY THE CONSPIRATORS TO FURTHER THE OBJECTS OF THE
CONSPIRACY Among the manner and means used by the defendants to further the
objects of the conspiracy were the following: 

3. McVEIGH and NICHOLS planned an act of violence against persons and
property of the United States.

4. McVEIGH and NICHOLS selected the Alfred P. Murrah Federal Building and
its occupants as the targets of their act of violence and McVEIGH attempted
to recruit others to assist in the act of violence.

5. McVEIGH and NICHOLS obtained and attempted to obtain the components of a
truck bomb, including a truck, ammonium nitrate, racing and diesel fuel,
detonation cord and other explosive materials.

6. McVEIGH and NICHOLS used storage units to conceal the truck bomb
components and stolen property.

7. McVEIGH and NICHOLS used stolen property and its proceeds to help finance
their act of violence.

8. McVEIGH and NICHOLS made calls with a telephone calling card that they
had acquired in a false name as a means of concealing their true identities
and as a means of preventing calls from being traced to them.

9. McVEIGH and NICHOLS used different false names in business transactions
as a means of concealing their true identities, their whereabouts and the
true intent of their activities.

10. McVEIGH and NICHOLS constructed an explosive truck bomb, and McVEIGH
placed it outside the Alfred P. Murrah Federal Building in downtown Oklahoma
City, where he detonated the bomb.

OVERT ACTS To further the conspiracy and to achieve its objectives, McVEIGH
and NICHOLS committed and caused to be committed the following acts, among
others, in the Western District of Oklahoma and elsewhere: 

11. On or about September 22, 1994, McVEIGH rented a storage unit in the
name "Shawn Rivers" in Herington, Kansas.

12. On or about September 30, 1994, McVEIGH and NICHOLS purchased forty
fifty-pound bags of ammonium nitrate in McPherson, Kansas under the name
"Mike Havens. " 13. In or about late September 1994, McVeigh made telephone
calls in an attempt to obtain detonation cord and racing fuel.

14. On or about October 1, 1994, McVEIGH and NICHOLS stole explosives from a
storage locker (commonly referred to as a magazine) in Marion, Kansas.

15. On or about October 3, 1994, McVEIGH and NICHOLS transported the stolen
explosives to Kingman, Arizona.

16. On or about October 4, 1994, McVEIGH rented a storage unit in Kingman,
Arizona for the stolen explosives.

17. On or about October 16, 1994, NICHOLS registered at a motel in Salina,
Kansas under the name "Terry Havens. " 18. On or about October 17, 1994,
NICHOLS rented storage unit No. 40 in Council Grove, Kansas in the name "Joe
Kyle. " 19. On or about October 18, 1994, McVEIGH and NICHOLS purchased
forty fifty-pound bags of ammonium nitrate in McPherson, Kansas under the
name "Mike Havens. " 20. In or about October 1994, McVEIGH and NICHOLS
planned a robbery of a firearms dealer in Arkansas as a means to obtain
moneys to help finance their planned act of violence.

21. On or about November 5, 1994, McVEIGH and NICHOLS caused firearms,
ammunition, coins, United States currency, precious metals and other
property to be stolen from a firearms dealer in Arkansas.

22. On or about November 7, 1994, NICHOLS rented storage unit No. 37 in
Council Grove, Kansas in the name "Ted Parker" and used the unit to conceal
property stolen in the Arkansas robbery.

23. On or about November 16, 1994, NICHOLS rented a storage unit in Las
Vegas, Nevada and stored, among other items, a ski mask.

24. On or about November 21, 1994 and prior to departing for the
Philippines, NICHOLS prepared a letter to McVEIGH, to be delivered only in
the event of NICHOLS' death, in which he advised McVEIGH, among other
matters, that storage unit No. 37 in Council Grove, Kansas had been rented
in the name "Parker" and instructed McVEIGH to clear out the contents or
extend the lease on No. 37 by February 1, 1995. NICHOLS further instructed
McVEIGH to "liquidate" storage unit No. 40.

25. On or about December 16, 1994, while en route to Kansas to take
possession of firearms stolen in the Arkansas robbery, McVEIGH drove with
Michael Fortier to the Alfred P. Murrah Federal Building and identified the
building as the target.

26. In early 1995, following NICHOLS' return from the Philippines, firearms
stolen in the Arkansas robbery were sold and McVEIGH, NICHOLS and Michael
Fortier obtained currency from those sales.

27. On or about February 9, 1995, NICHOLS, using currency, paid for the
continued use of storage unit No. 40 at Council Grove, Kansas in the name of
"Joe Kyle. " 28. In or about March, 1995, McVEIGH obtained a driver's
license in the name of "Robert Kling" bearing a date of birth of April 19,
1972.

29. On or about April 14, 1995, McVEIGH, using currency, purchased a 1977
Mercury Marquis in Junction City, Kansas.

30. On or about April 14, 1995, McVEIGH called the NICHOLS residence in
Herington, Kansas from Junction City, Kansas.

31. On or about April 14, 1995, McVEIGH called a business in Junction City
and, using the name "Bob Kling", inquired about renting a truck capable of
carrying 5,000 pounds of cargo.

32. On or about April 14, 1995, McVEIGH, using currency, rented a room at a
motel in Junction City, Kansas.

33. On or about April 15, 1995, McVEIGH, using currency, placed a deposit
for a rental truck in the name "Robert Kling. " 34. On or about April 17,
1995, McVEIGH took possession of a 20-foot rental truck in Junction City,
Kansas.

35. On or about April 18, 1995, at Geary Lake State Park in Kansas, McVEIGH
and NICHOLS constructed an explosive truck bomb with barrels filled with a
mixture of ammonium nitrate, fuel and other explosives placed in the cargo
compartment of the rental truck.

36. On April 19, 1995, McVEIGH parked the truck bomb directly outside the
Alfred P. Murrah Federal Building, located within the Western District of
Oklahoma, during regular business and day-care hours.

37. On April 19, 1995, McVEIGH caused the truck bomb to explode.

THE RESULTS OF THE CONSPIRACY 

38. As intended by McVEIGH and NICHOLS, the truck bomb explosion resulted in
death and personal injury and the destruction of the Alfred P. Murrah
Federal Building, located within the Western District of Oklahoma. The
following persons were present at the Alfred P. Murrah Federal Building on
April 19, 1995, and were killed as a result of the explosion: (List of the
victims) All in violation of Title 18, Unites States Code, Section 2332a.

COUNT TWO The Grand Jury further charges: On or about April 19, 1995, at
Oklahoma City, Oklahoma, in the Western District of Oklahoma, TIMOTHY JAMES
MCVEIGH and TERRY LYNN NICHOLS, the defendants herein, did knowingly,
intentionally, willfully and maliciously use, aid and abet the use of, and
cause to be used, a weapon of mass destruction, namely an explosive bomb
placed in a truck, against persons within the United States, resulting in
death, to the persons named in Count One, Paragraph 38 (which is expressly
incorporated by reference herein) and personal injury to other persons.

All in violation of Title 18, United States Code, Sections 2332a and
2(a)&(b).

COUNT THREE (Destruction by Explosive) The Grand Jury further charges: On or
about April 19, 1995, at Oklahoma City, Oklahoma, in the Western District of
Oklahoma, TIMOTHY JAMES MCVEIGH and TERRY LYNN NICHOLS, the defendants
herein, did knowingly, intentionally, willfully and maliciously damage and
destroy, aid and abet the damage and destruction of, and cause to be damaged
and destroyed, by means of an explosive, namely, an explosive bomb placed in
a truck, a building and other personal and real property in whole and in
part owned, possessed and used by the United States and departments and
agencies of the United States, that is, the Alfred P. Murrah Federal
Building, 200 NW 5, Oklahoma City, Oklahoma, causing, as a direct and
proximate result, the death of the persons named in Count One, Paragraph 38
(which is expressly incorporated by reference herein) and personal injury to
other persons.

All in violation of Title 18, United States Code, Sections 844(f) and
2(a)&(b).

COUNTS FOUR THROUGH ELEVEN (First Degree Murder) The Grand Jury further
charges: On or about April 19, 1995, at Oklahoma City, Oklahoma, in the
Western District of Oklahoma, TIMOTHY JAMES MCVEIGH and TERRY LYNN NICHOLS,
the defendants herein, did unlawfully, willfully, deliberately, maliciously,
and with premeditation and malice aforethought, kill, and aid, abet and
cause the killing of, the following persons while they were engaged in and
on account of the performance of their official duties as law enforcement
officers: (The count, names and positions and agency employed by.) 

FOUR Mickey Bryant Maroney United States Secret Service Special Agent 

FIVE Donald R. Leonard United States Secret Service Special Agent 

SIX Alan Gerald Whicher United States Secret Service Assistant Special Agent
in Charge 

SEVEN Cynthia Lynn Campbell-Brown United States Secret Service Special Agent


EIGHT Kenneth Glenn McCullough United States Drug Enforcement Administration
Special Agent 

NINE Paul Douglas Ice United States Customs Service Special Agent 

TEN Claude Arthur Medearis United States Customs Service Special Agent 

ELEVEN Paul G. Broxterman Department of Housing and Urban Development
Special Agent Office of Inspector General All in violation of Title 18,
United States Code, Sections 1114, 1111 and 2(a)&(b); and Title 28, Code of
Federal Regulations, Section 64.2(h).

A TRUE BILL: FOREPERSON OF THE GRAND JURY Don Frantz PATRICK M. RYAN United
States Attorney BIOG: NAME:

 

 

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