August 1993, Federal Indictment Of Surviving Branch Davidians On Murder And Conspiracy Charges
Court TV Documents, August 1993
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
UNITED STATES OF AMERICA, * CRIMINAL NO. W-93-CR-046
*
Plaintiff, * S U P E R S E D I N G
* I N D I C T M E N T
V. *
* [18 U.S.C. 1117--Conspiracy
KATHRYN SCHROEDER (1) * to Murder Federal Officers;
BRAD EUGENE BRANCH (2) * 18 U.S.C. 1114 and 1111--
KEVIN A. WHITECLIFF (3) * Murder of Federal offi-
CLIVE J. DOYLE (4) * cers; 18 U.S.C. 924(c)(1)--
JAIME CASTILLO (5) * Possession of a Firearm
LIVINGSTONE FAGAN (6) * During the Commission of
PAUL GORDON FATTA (7) * a Crime of Violence; 26
WOODROW KENDRICK, also known * U.S.C. 5861(d)--Possession
as BOB KENDRICK, (8) * of an Unregistered Destruc-
NORMAN WASHINGTON ALLISON,also * tive Device; 18 U.S.C.
known as DELROY NASH, (9) * 371--Conspiracy to Possess
GRAEM LEONARD CRADDOCK, (10) * an Unregistered Destructive
RENOS AVRAAM, (11) and * Device; 18 U.S.C. 371--
RUTH OTTMAN PIDDLE, (12) * Conspiracy to Unlawfully
* Manufacture and Possess
Defendants. * Machineguns; 18 U.S.C.
* 922(o) Unlawful Possession
* of machine Guns
COUNT ONE
[18 U.S.C. 1117]
THE GRAND JURY CHARGES:
1. From on or before February, 1992, and continuing
thereafter up to and including April 19, 1993, in the Western
District of Texas, Defendants,
KATHRYN SCHROEDER
BRAD EUGENE BRANCH
KEVIN A. WHITECLIFF
CLIVE J. DOYLE
JAIME CASTILLO
LIVINGSTONE FAGAN
PAUL GORDON FATTA
WOODROW KENDRICK,
aka BOB KENDRICK
NORMAN WASHINGTON ALLISON,
Texas.
3. At all times pertinent to this indictment, Steven Emil
Schneider and Douglas Wayne Martin were followers of and advisors
to Vernon Howell, also known as David Koresh.
4. At all times pertinent to this indictment Defendants
KATHRYN SCHROEDER, BRAD EUGENE BRANCH, KEVIN A. WHITECLIFF, CLIVE
J. DOYLE, JAIME CASTILLO, LIVINGSTONE FAGAN, PAUL GORDON FATTA,
WOODROW KENDRICK, also known as, BOB KENDRICK, NORMAN WASHINGTON
ALLISON, also known as DELROY NASH, GRAEME LEONARD CRADDOCK, RENOS
AVRAAX, and RUTH OTTMAN RIDDLE, and others were followers of Vernon
K. Howell, also known as David Koresh.
SCOPE AND NATURE OF THE CONSPIRACY
5. It was a part of the conspiracy that Vernon K. Howell,
also known as David Koresh, would and did advocate and encourage an
armed confrontation, which he described as a "war," between his
followers and representatives of the United States government.
Vernon K. Howell, also known as David Koresh, originally predicted
that this "war" would occur in the Nation of Israel and later
changed the location to Mt. Carmel Compound, near Waco, Texas.
6. It was a part of the conspiracy that in order to prepare
for the "war" with the United States, Vernon K. Howell, also known
as David Koresh, would and did establish a unit among his followers
which he called the "Mighty Men." Defendants, BRAD EUGENE BRANCH,
KEVIN A. WHITECLIFF, CLIVE J. DOYLE, JAIME CASTILLO, LIVINGSTONE
FAGAN, PAUL GORDoN FATTA, GRAEME LEONARD CRADDOCK,, RENOS AVRAAM,
NORMAN WASHINGTON ALLISON, also known as DELROY NASH, WOODROW
KENDRICK, also known as BOB KENDRICK, and other followers were
members of the "Mighty Men."
7. It was a part of the conspiracy that in order to arm his
followers for the "war" with the United States, Vernon K. Howell, also known as David Koresh, would and did direct that a business
location called "The Mag Bag be established near the Mt. Carmel
Compound for the purpose, among others, of receiving shipments of
paramilitary supplies. The supplies purchased and received at The
Mag Bag included: firearms parts (including parts for fully
automatic AX-47 and M-16 rifles); thirty (30) round magazines and
one hundred (100) round magazines for M-16 and AX-47 rifles;
pouches to carry large ammunition magazines; substantial quantities
of ammunition of various sizes (including .50 caliber armor
piercing ammunition); grenade launcher parts, flare launchers, K-bar fighting knives, night vision equipment, hand grenade hulls,
kevlar helmets, bullet proof vests and other similar equipment.
8. It was a part of the conspiracy that Defendant BRAD
EUGENE BRANCH would and did make the necessary arrangements to
obtain The Mag Bag location, which had a mailing address of Route
7, Box 555, Waco, Texas. It was further a part of the conspiracy
that Defendant PAUL GORDON FATTA would and did acquire a Texas
Sales and Use Tax Permit in the name of "The Mag Bag. It was a part
of the conspiracy that Defendants WOODROW KENDRICK, also known as
BOB KENDRICK, and NORMAN ALLISON, also known as DELROY NASH, would
and did occupy the premises for the purpose (among others) of
receiving paramilitary supplies.
9. It was a part of the conspiracy that Defendants BRAD
EUGENE BRANCH, JAIME CASTIIJDA, PAUL GORDON FATTA, and WOODROW
KENDRICK, also known as BOB KENDRICK, and others would and did
acquire and assist in the acquisition of weapons to be used in the "war's with United States, including .50 caliber semi-automatic
rifles.
10. It was a part of the conspiracy that Defendant PAUL
GORDON FATTA and others, would and did assist in converting legally
purchased semi-automatic rifles to fully automatic rifles. It was
a part of the conspiracy that inert hand grenade shells would be
converted to live hand grenades for the purpose of waging "war"
against the United States government.
11. It was a part of the conspiracy that on February 28,
1993, after becoming aware of a planned search of the premises of
the Mt. Carmel Compound, by agents of the ATF, Vernon K. Howell,
also known as David Koresh, would and did instruct his followers to
prepare for the arrival of the federal agents. It was a part of the
conspiracy that KATHRYN SCHROEDER, BRAD EUGENE BRANCH, KEVIN A.
WHITECLIFF, CLIVE J. DOYLE, JAIME CASTILLO, LIVINGSTONE FAGAN,
GRAEME CRADDOCK, RENOS AVRAAH, RUTH OTTHAN RIDDLE, and others would
and did change into camouflage/combat clothing and equipment,
gather their pistols and rifles, load magazines, distribute hand
grenades, assume ambush positions and engage in other conduct
designed to kill and attempt to kill and aid and abet the killing
of Agents of the ATF upon their arrival at the Mt. Carmel Compound.
12. It was a part of the conspiracy that on February 28,
1993, after the ambush of ATF agents at the Mt. Carmel Compound by
their coconspirator, Defendants NORMAN ALLISON, also known as
DELROY NASH, and WOODROW KENDRICK, also known as BOB KENDRICK, and
another person would arm themselves at The Mag Bag and endeavor to forcibly enter the Mt. Carmel Compound to assist their
coconspirator,
13. It was a part of the conspiracy that after the initial
ambush of the ATF, Defendants KATHRYN SCHROEDER, BRAD EUGENE
BRANCH, KEVIN A. WHITECLIFF, CLIVE J. DOYLE, JAIME CASTILIO,
LIVINGSTONE FAGAN, GRAM LEONARD CRADDOCK, RENOS AVRAAM, RUTH OTTMAN
RIDDLE, and others would and did forcibly resist and oppose agents
of the FBI who were authorized to execute search warrants under the
authority of the United States from February 28, 1993, until each
of them emerged from the Mt. Carmel Compound.
14. It was a part of the conspiracy that on April 18, 1993,
Vernon K. Howell, also known as David Koresh, and Steven Schneider
would and did finalize a plan to burn the Mt. Carmel Compound in
the event an effort was made to finally end the siege by the FBI.
This plan was communicated to other residents of the compound.
15. It was part of the conspiracy that on April 19, 1993, the
conspirators would and did fire upon tanks and other vehicles
manned by FBI agents in an attempt to drive them back from the Mt.
Carmel Compound.
16. It was a part of the conspiracy that on April 19, 1993
Vernon K. Howell, also known as David Koresh, would give
instructions to spread flammable fuel within the Mt. Carmel
Compound upon learning that the FBI was to introduce tear gas into
the Compound to end the Siege. It was a part of the conspiracy that
a coconspirator would and did give instructions at about noon on
April,19, 1993, to start the fires within Mt. Carmel.
OVERT ACTS
In furtherance of such agreement and conspiracy and to effect
the objects thereof, the Defendants and their conspirators, known
and unknown, committed the following overt acts, among others:
1. On August 4, 1992, in the Western District of Texas, Vernon
K. Howell, also known as David Koresh, executed documentation
covering the purchase of 88 lower receivers for the AR-15 rifle, 16
handguns, and 10 rifles from Hewitt Handguns.
2. On or about February 21, 1993, in the Northern and the
Western Districts of Texas, PAUL GORDON FATTA arranged for the
purchase and took delivery of 10,000 rounds of 9 mm ammunition and
10,000 rounds of .223 caliber ammunition.
3. On February 28, 1993, in the Western District of Texas,
Special Agent Steven D. Willis of the Bureau of Alcohol, Tobacco,
and Firearms was shot and killed by the conspirators while he was
attempting to execute search and arrest warrants.
4. On February 28, 1993, in the western District of Texas,
Special Agent Robert Williams of the Bureau of Alcohol, Tobacco,
and Firearms was shot and killed by the conspirators while he was
attempting to execute search and arrest warrants.
5. On February 28, 1993, in the Western District of Texas,
Special Agent Conway C. LeBleu of the Bureau of Alcohol, Tobacco,
and Firearms was shot and killed by the conspirators while he was
attempting to execute search and arrest warrants.
6. On February 28, 1993, in the Western District of Texas,
Special Agent Todd W. McKeehan of the Bureau of Alcohol, Tobacco, and Firearms Was shot and killed by the conspirators while he was
attempting to execute search and arrest warrants.
7. On April 19, 1993, in the Western District of Texas,
Agents of the Federal Bureau of Investigation were fired upon as
they endeavored to serve arrest and search warrants. All in
violation of Title 18, United States Code, Section 1117.
COUNT TWO
[18 U.S.C. §§1114
1111(a) & 2]
On or about February 28, 1993, in the Western District of
Texas, Defendants,
KATHRYN SCHROEDER
BRAD EUGENE BRANCH
KEVIN A. WHITECLIFF
CLIVE J. DOYLE
JAIME CASTILLO
LIVINGSTONE FAGAN
PAUL GORDON FATTA
WOODROW KENDRICK,
aka BOB KENDRICK
NORMAN WASHINGTON ALLISON,
aka DELROY HASH
GRAEME LEONARD CRADDOCK
RENOS AVRAAM,
and
RUTH OTTMAN RIDDLE,
by aiding and abetting unknown principals and each other did
knowingly, willfully, and unlawfully kill, with malice
aforethought, ATF Special Agents Steven D. Willis, Robert Williams,
Conway C. LeBleu, and Todd W. McKeehan, Special Agents of the
Bureau of Alcohol, Tobacco and Firearms, while said agents were
engaged in the performance of their official duties, by shooting
the said Agents with a firearm, in violation of Title 181, United
States Code, sections 1114, 1111 (a) , and Title 18, United states
Code, Section 2.
COUNT THREE
[18 U.S.C. 924(c)(1)]
On or about February 28, 1993,, in the Western District of
Texas, Defendants,
KATHRYN SCHROEDER
BRAD EUGENE BRANCH
KEVIN A. WHITECLIFF
JAIME CASTILLO
LIVINGSTONE PAGAN
PAUL GORDON FATTA
GRAMM LEONARD CRADDOCK
RENOS AVRAAM
and
RUTH OTTMAN RIDDLE
did knowingly use and carry a firearm during and in relation to the
commission of a crime of violence which may be prosecuted in a
court of the United States, to-wit: Conspiracy to Murder Officers
and Employees of the United States, in violation of Title 18,
United States Code, Sections 1117 and 1114, all in violation of
Title 18, United States Code, Section 924 (c) (1) .
COUNT FOUR
[18 U.S.C. §§1114]
1111(a) & 2]
On or about February 28, 1993, in the Western District of
Texas, Defendants,
NORMAN WASHINGTON ALLISON, aka
DELROY HASH,
and
WOODROW KENDRICK, aka
BOB KENDRICK
by aiding and abetting Michael Schroeder, deceased, named as a
principal, but not as a defendant herein, did knowingly, willfully,
and unlawfully attempt to kill, with malice aforethought, Charles Meyer, a Special Agent of the Bureau of Alcohol, Tobacco and
Firearms, while said agent was engaged in the performance of his
official duties, by shooting at Special Agent Charles Meyer with a
firearm, in violation of Title 18, United States code, sections
1114, 1111(a), and Title 18, United States Code, Section 2.
COUNT FIVE
[18 U.S.C. §924(c)(1)]
On or about February 28, 1993, in the Western District of
Texas, Defendant,
WOODROW KENDRICK,
aka BOB KENDRICK,
did knowingly, willfully and unlawfully use and carry one or more
of the following firearms, to-wit:
- an RG revolver, model RG 31, .32 caliber,
bearing serial number 0194405;
- a Beretta pistol, model 92FS 9 mm, bearing serial number
116248Z,
during and in relation to the commission of a violent crime which
may be prosecuted in a court of the United States, namely,
attempting to kill a Federal officer, contrary to Title 18, United
States Code, Section 1114 and Section 2, and all in violation of
Title 18, United States Code, Section 924 (c) (1)
COUNT SIX
[18 U.S.C. §924(c)(1)]
On or about February 28, 1993, in the Western District of
Texas, Defendant,
NORMAN WASHINGTON ALLISON, aka
DELROY NASH,
did knowingly, willfully and unlawfully use and carry the following firearm, to-wit: a Jennings .22 caliber pistol, bearing serial
number 628835, during and in relation to the commission of a
violent crime which may be prosecuted in a court of the United
States, namely, attempting to kill a Federal officer, contrary to
Title 18, United States Code, Section 1114 and Section 2, and all
in violation of Title 18, United States Code, Section 924(c)(1).
COUNT SEVEN
[26 U.S.C. § 5861(d)]
On or about April 19, 1993, in the Western District of Texas,
Defendant,
GRAEME LEONARD CRADDOCK
did knowingly and unlawfully possess a firearm, as defined by
Section 5845(a), Title 26, United States Code, namely an explosive
grenade, being a firearm defined as a destructive device, which
firearm was not registered to him in the National Firearm
Registration and Transfer Record, in violation of Title 26, United
States Code, Sections 5861(d) and 5871.
COUNT EIGHT
[26 U.S.C. 5861(d)
and 18 U.S.C. 371]
From on or about February 28, 1993, and continuing thereafter
until on or about April 19, 1993, in the western District of Texas,
Defendant,
GRAEME LEONARD CRADDOCK
did knowingly and willfully, combine, conspire, confederate and
agree with other persons both known and unknown to the Grand Jury,
to commit an offense against the United States, namely, to unlawfully possess a firearm as defined by section 5845(a), Title
26, United States Code, to wit: a grenade, without having the said.
firearm registered to him in the National Firearms Registration and
Transfer Record. In furtherance of the said conspiracy and to
effect the objects thereof, the following overt acts were committed
by the Defendant of the Western District of Texas:
- On April 19, 1993, co-conspirator Vernon Howell, also
known as David Koresh, gave GRAEME LEONARD CRADDOCK a
grenade;
contrary to Title 26, United States Code, Section 5861(d) and in
violation of Title 18, United States Code, Section 371.
COUNT NINE
[18 U.S.C. 371
(18 U.S.C. 922(o))]
On or about February 1992, and continuing thereafter until on
or about February 1993, in the Western District of Texas,
Defendant,
PAUL GORDON FATTA
did intentionally, knowingly and willfully combine, conspire,
confederate and agree with other persons to the Grand Jury b9th
known and unknown to commit an offense against the United States,
namely, to unlawfully manufacture and possess machineguns, without
having the said firearms registered to him in the National Firearms
Registration and Transfer Record. In furtherance of the said
conspiracy and to effect the objects thereof, the following overt
acts were committed by the defendants in the Western District of
Texas:
- On March 21, 1992, PAUL GORDON FATTA purchased a
FEG, Model SA85M rifle, 7.62 caliber, Serial No. SL02791;
- On January 16, 1993, PAUL GORDON FATTA purchased a H&K,
SP89, pistol, 9 mm, Serial No. 2122147;
contrary to Title 18, United States Code, Section 922(o), and in
violation of Title 18, United States Code, Section 371.
COUNT TEN
[18 U.S.C. 2 (18 U.S.C. 922(o))]
Beginning about February 1992 and continuing thereafter until
about February 1993, in the Western District of Texas, Defendant,
PAUL GORDON FATTA
intentionally and knowingly did aid and abet Vernon Howell, also
known as David Koresh, in the unlawful possession of machineguns,
contrary to Title 18, United States Code, Section 922(o) , and in
violation of Title 18, United States Code, Section 2.
A TRUE BILL:
FOREPERSON
JAMES H. DeATLEY
ACTING UNITED STATES ATTORNEY
By:
W. Ray Jahn
Assistant U. S. Attorney
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