Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

Indictment

VIEWS: 24 PAGES: 16

									Date: Tue, 02 Jul 1996 09:18:26 -0700
From: Dan Eff <effdan@AZSTARNET.COM>
Subject: Viper indictments

              United States of America,
                     Plaintiff.

                           v.

                  Randy Lynne Nelson
                     (Counts 1-4, 6);

                  Finis Howard Walker
                      (Counts 1-3);

                  Dean Carl Pleasant
                    (Counts 1-3, 5);

                David Wayne Belliveau
                     (Counts 1-3);

                  Ellen Adella Belliveau
                      (Counts 1-3);

                  Gary Curtis Bauer
                    (Counts 1-3, 7);

                Charles Franklin Knight
                      (Count 3);

                Henry Alfred Overturf
                      (Count 3);

                  Walter Earl Sanville
                      (Count 3);

                  Scott Jeffery Shero
                      (Count 3);

                  Donna Star Williams
                      (Count 3); and

                Christopher Alan Floyd
                      (Count 3),

                     Defendants



No. CR96-280PHX
The Grand Jury charges:

          Count 1
          (Conspiracy To Furnish Instruction in the
           Use of Explosive Devices and Other
           Techniques in Furtherance of Civil
           Disorder)
           VIO: 18 U.S.C., section 371

           Count 2
           (Furnishing Instruction in the Use of
           Explosive Devices and Other Techniques
           in Furtherance of Civil Disorder)
           18 U.S.C., section 231

           Count 3
           (Conspiracy to Unlawfully Make and
           Possess Unregistered Destructive Devices)
           18 U.S.C., section 371

           Counts 4-7
           (Unlawful Possession of Machineguns)
           18 U.S.C., section 922 (o)

Count 1



    Beginning on a date unknown to the Grand Jury, but at
    least by on or about May 30, l994 and continuing up to
    and including on or about June 27, 1996, in the District of
    Arizona, defendants RANDY LYNNE NELSON, FINIS
    HOWARD WALKER, DEAN CARL PLEASANT,
    DAVID WAYNE BELLIVEAU, ELLEN ADELLA
    BELLIVEAU and GARY CURTIS BAUER, and other
    persons known and unknown to the Grand Jury, did
    knowingly and intentionally combine, conspire, confederate
    and agree together to teach and demonstrate to each other
    and other persons the use, application, and making of
    firearms, explosive and incendiary devices, and techniques
    capable of causing injury and death to persons, knowing
    and having reason to know and intending that the same
    would be unlawfully employed for use in, and in
    furtherance of, a civil disorder which could in any way, and
    degree, obstruct, delay, and adversely affect the conduct
    and performance of any federally protected function in
    violation of Title 18 United States Code, Section
    231(a)(1).

                      OVERT ACTS

    In furtherance of the conspiracy, and to effect the objects
    of the conspiracy thereof, the defendants and other
    persons known and unknown to the Grand Jury,
    committed, and caused to be committed, the following
    overt acts all within the District of Arizona.

          1.On or about May 30, 1994, DEAN PLEASANT,
DAVID WAYNE BELLIVEAU and ELLEN
ADELLA BELLIVEAU prepared a video tape of
potential targets of acts of violence by members of
the conspiracy and other persons known and
unknown to the Grand Jury, which would disrupt,
delay, and adversely affect the performance of
federally protected functions. The video contains
descriptions of the target buildings' exteriors,
parking facilities, approaches, security measures,
communications equipment, fences and adjacent
structures, all of which were located in the Phoenix,
Arizona, Metropolitan Area. The video also
contains instructions for the placement of explosive
devices, illegal entry, control and destruction of the
targeted buildings.

In particular, the videotape presents the following
information:

    A. The tape identifies a building located at
    201 East Indianola Avenue, Phoenix,
    Arizona. On that date, the building housed the
    Phoenix headquarters for the Bureau of
    Alcohol, Tobacco and Firearms (ATF), the
    Federal Bureau of Investigation (FBI) and
    other federal agency offices. (ATF has since
    moved out of the building.) The tape's
    narrator identifies supports for the building
    and advises that the building would collapse if
    the supports were destroyed. The tape
    advises that the destruction of an electrical
    power transformer shown near the building
    could cut off electrical power to the building.
    The tape advises that the placement of
    "anti-personnel'' devices in mailboxes shown
    near the entrance to the building could harass
    united States Treasury employees. The tape
    advises that the destruction of a water main
    shown near the building could inhibit fire
    fighting operations if the building was on fire.
    The tape advises that the destruction of a
    natural gas main shown near the building
    could be used as a diversion during a raid on
    the building. The tape advises that an
    adjacent covered parking lot shown near the
    building could be used as a staging area prior
    to a raid on the building. Finally, the tape
    advises that the front iron gate to the building
    would need to be blown up in order to gain
    access to the building's elevators.

    B. The building located at 210 East Earll
    Drive, Phoenix, Arizona. The building houses
    the United States Internal Revenue Service
Phoenix District Headquarters. The tape
provides multiple visual images of the
building's exterior and the parking garage.

C. The building housing the United States
Secret Service, Phoenix, Arizona,
headquarters. The tape provides multiple
images of the exterior of the building while the
narrator discusses the shift change schedule
of the buildings security guards along with
other security measures taken by the
building's occupants.

D. The building located at 2035 North
Central, Phoenix, Arizona. The building
houses the United States Immigration and
Naturalization Service (INS) in Phoenix,
Arizona. The tape's narrator mistakenly
advises that this building also contains offices
of other United States Department of Justice
agencies. The narrator advises that the
structures supporting this building are shorter
than those in the former ATF building, and
that the INS building, therefore, would be
more difficult to "collapse." The tape presents
visual imaqes of the front and rear exteriors of
the building, building surveillance cameras and
parking facilities. The narrator also identifies a
covered location near the building which
could be used for sniping.

E. The building located at 620 West
Washington, Phoenix, Arizona. The building
houses the Phoenix Police Department
headquarters. Tha tape presents multiple
images of the exterior of the building and
advises that the building is fortified. The
narrator advises that the building would be
difficult to take over but that it would be a
"major political statement" if it was taken
over. The narrator also states that the records
and equipment contained inside of the
building would be invaluable to persons
taking over the building.

F. The building in Phoenix, Arizona, then
housing the Phoenix Police Department's
storage facilities for seized property and
evidence, particularly firearms. The tape
presents multiple images of the exterior of the
building.

G. Numerous buildings located at 5636 East
McDowell Road, Phoenix, Arizona. The
      buildings house Arizona National Guard
      facilities. The tape presents numerous images
      of the exterior of buildings, including the
      lO7th Transportation Company and Military
      Police Headquarters. The tape presents
      numerous images of National Guard trucks,
      trailers and jeep-type vehicles along with
      water and fuel storage facilities. The tape also
      presents multiple images of the perimeter
      fence of the facilities and contains references
      to multiple points recommended by the
      narrator for use during any infiltration.

2.On or about December 13, 1995, FINIS
  HOWARD WALKER, RANDY LYNNE
  NELSON, GARY CURTIS BAUER, DAVID
  WAYNE BELLIVEAU and other persons known
  and unknown to the Grand Jury, met and viewed,
  for the purpose of training persons in the making and
  use of explosive devices for use in obstructing the
  federal government, a video tape prepared by
  FINIS HOWARD WALKER of an explosive
  device training exercise conducted on or about
  November ll, l995, by members of the conspiracy.
  The exercise was attended by FINIS HOWARD
  WALKER, RANDY LYNNE NELSON, DEAN
  CARL PLEASANT, DAVID WAYNE
  BELLIVEAU, GARY CURTIS BAUER and other
  persons known and unknown to the Grand Jury.
  The exercise consisted of the detonation of multiple
  destructive devices which ultimately created a crater
  in open land approximately 6 feet in diameter and 3
  feet deep. The exercise also included DEAN CARL
  PLEASANT discharging an unarmed M-16 type
  rifle grenade which travelled approximately 100 feet.

3.Later during the same meeting held on or about
  December 13, 1995, GARY CURTIS BAUER
  displayed portions of an M-17/M-24 type rocket
  that he was building to FINIS HOWAXD
  WALKER, RANDY LYNNE NELSON, DAVID
  WAYNE BELLIVEAU and other persons known
  and unknown to the Grand Jury for the purpose of
  training persons in the making and use of explosive
  devices for use in obstructing the federal
  government. GARY CURTIS BAUER advised that
  black powder was the preferred propellant and
  discussed the technical aspects of propulsion of the
  rocket. GARY CURTIS BAUER then assisted the
  same persons with the examination of a piece of live
  detonation cord for the purpose of familiarization.

4.On or about January 18, 1996, RANDY LYNNE
  NELSON, FINIS HOWARD WALKER, GARY
 CURTIS BAUER, DAVID WAYNE
 BELLIVEAU, ELLENN ADELLA BELLIVEAU,
 DEAN CARL PLEASANT and other persons
 known and unknown to the Grand Jury attended
 another group meeting. A A portion of the meeting
 was devoted to a previously expressedd concern by
 members of the group that only GARY CURTIS
 BAUER, FINIS HOWARD WALKER and
 RANDY LYNNE NELSON had proficient
 knowledge of explosive materials and destructive
 devices. Therefore, one of the purposes of this
 meeting and future meetings would be to present
 more hands-on training in explosive devices. In
 response to this desire for additional training, GARY
 CURTIS BAUER displayed portions of a rocket
 that he was in the process of designing. The rocket
 was approximately 12 to 16 inches in length, one
 and one half inches in diameter, had a light-weight
 aluminum tail, a body made of "PVC" pipe, and a
 wooden nose cone that could be armed with a
 non-electric blasting cap. GARY CURTIS BAUER
 advised that the rocket could carry one-half pound
 of explosives, be fired from AR-15/M-16 type
 rifles, had a range of 500 yards, and could "take out
 a police car." In the course of the training, GARY
 CURTIS BAUER also advised all persons present
 how explosives were the only way way to take out
 armored vehicles in an upcoming war with the
 government and that the group, therefore, needed
 such explosives capabilities.

5.On or about January 24, l996, RANDY LYNNE
  NELSON, FINIS HOWARD WALKER, DAVID
  WAYNE BELLIVEAU, ELLEN ADELLA
  BELLIVEAU, GARY CURTIS BAUER and other
  persons known and unknown met for multiple
  purposes, lncluding the scheduling of upcoming
  explosives training with live explosive devices and to
  conduct further explosives training. During the
  meeting, FINIS HOWARD WALKER displayed to
  all persons present two bags of what he claimed to
  be homemade C-4, an explosive material, for the
  purpose of familiarization. FINIS HoWARD
  WALKER stated that the material would be used at
  the explosive devices training then scheduled for on
  or about January 27 and 28, 1996.

6.On or about January 27 and 28, 1996, RANDY
  LYNNE NELSON, FINIS HOWARD
  WALKER, DAVID WAYNE BELLIVEAU,
  ELLEN ADELLA BELLIVEAU, GARY CURTIS
  BAUER, DEAN CARL PLEASANT and other
  persons known and unknown to the Grand Jury
  participated in explosives training exercises near the
 Sunrise Mine 1ocated approximately two miles
 south of Highway 60 and ten miles west of
 Wickenburg, Arizona. FINIS HOWARD
 WALKER transported the following materials to the
 training exercise: approximately 30 feet of
 detonation cord, one pound of black gun powder,
 two five gallon containers and two one pound
 canisters containing a mixture of ammonium nitrate,
 gunpowder, aluminum powder and nitromethane
 fuel. GARY CURTIS BAUER, FINIS HOWARD
 WALKER and RANDY LYNNE NELSON
 instructed all persons present in the preparation of
 explosive devices. Each student present, including
 DAVID WAYNE BELLIVEAU, ELLEN
 ADELLA BELLIVEAU and DEAN CARL
 PLEASANT, prepared and detonated explosive
 devices consisting of photographic film canisters and
 soda cans containing ammonium nitrate, gun
 powder, aluminum powder, nitromethane fuel, and
 an ignition system. GARY CURTIS BAUER and
 FINIS HOWARD WALKER then detonated
 explosive devices contained in two five gallon plastic
 buckets containing a booster along with the same
 mixture of materials and components as the smaller
 devices previously detonated. The detonation of the
 larger devices created a crater approximately twelve
 feet in diameter. GARY CURTIS BAUER then
 demonstrated and fired the improvised mortar
 rocket that he had previously displayed as alleged in
 paragraph 5 above and incorporated by reference
 herein. The rocket contained an ignition system and
 propellant but no other explosive materials. The
 rocket traveled approximately 400 yards from the
 firing point. The purpose of the firing was to test the
 rocket's detonation system in order to assist in the
 construction of fully operational explosive devices.
 All of the persons present on or about January 27
 and 28, 1996, except ELLEN ADELLA
 BELLIVEAU, took turns guarding the training
 exercise on that date.

7.On or about March 3, 1996, FINIS HOWARD
  WALKER and GARY CURTIS BAUER acquired
  14 gallons of nitromethane, a component to be used
  in the construction of further explosive devices.

8.On or about March 14, 1996, FINIS HOWARD
  WALKER gave multiple photographs of the
  explosive training exercise previously conducted on
  or about January 27 and 28, 1996, as alleged in
  paragraph 7 above and incorporated by reference
  herein, to a person known to the Grand Jury with
  instructions that they be shredded.
 9.On or about May 5, 1996, DAVID WAYNE
   BELLIVEAU, DEAN CARL PLEASANT,
   RANDY LYNNE NELSON and other persons
   known and unknown to the Grand Jury, met for
   multiple purposes, including the further planning the
   group's next explosives training exercise and to
   discuss obtaining additional intelligence concerning
   federal law enforcement officers. In particular,
   RANDY LYNNE NELSON advised all persons
   present that he had spoken to an unidentified
   lndividual who allegedly had access to a stolen
   computer disc containing the names and address of
   federal agents. DAVID WAYNE BELLIVEAU
   and RANDY LYNNE NELSON stated that the
   qroup should attempt to acquire a copy of the disc.

10.On or about May 9, 1996, RANDY LYNNE
   NELSON, GARY CURTIS BAUER, DEAN
   CARL PLEASANT, DAVID WAYNE
   BELLIVEAU met for multiple purposes, including
   to discuss the next explosives training exercise
   scheduled for on or about May ll, 1996, and to
   conduct further training relating to the construction
   of explosive devices. DEAN CARL PLEASANT
   brought approximately 40 pounds of ammonium
   nitrate with him to the meeting. After discussing the
   upcoming training exercise, RANDY LYNNE
   NELSON and DEAN CARL PLEASANT
   demonstrated to other persons known and unknown
   to the Grand Jury, how to grind ammonium nitrate
   with an electric coffee grinder.

11.On or about May 11, 1996, RANDY LYNNE
   NELSON, GARY CURTIS BAUER, DAVID
   WAYNE BELLIVEAU, DEAN CARL
   PLEASANT and other persons known and
   unknown to the Grand Jury, participated in an
   explosives training exercise near Wickenburg,
   Arizona. RANDY LYNNE NELSON transported
   approximately 12 pounds of ground ammonium
   nitrate to the training exercise in his vehicle. During
   the training, RANDY LYNNE NELSON
   demonstrated a "dry" mixture of ammonium nitrate,
   smokeless gun powder, and aluminum powder that
   could be used to construct explosive devices.
   Approximately four 1 pound destructive devices and
   one 7 to 8 pound destructive device were then
   assembled and detonated by persons present
   including RANDY LYNNE NELSON.

12.On or about May 20, l996, GARY CURTIS
   BAUER possessed a 55 gallon drum and a 15
   gallon container which contained nitromethane and
   approximately six to eight 40 to 50 pound bags of
          ammonium nitrate at his residence.

      13.On or about June 8, 1996, GARY CURTIS
         BAUER, FINIS HOWARD WALKER and other
         persons known and unknown to the Grand Jury,
         returned to the explosives training site previously
         used as alleged in paragraph 12 above and
         incorporated by reference herein. GARY CURTIS
         BAUER proceeded to experiment With multiple
         variations of the ammonium nitrate mixture
         previously used on or about May 11, l996. GARY
         CURTIS BAUER also placed another explosive
         device, contained in a five gallon pail, in the same
         crater he had made on or about January 27 and 28,
         l996. GARY CURTIS BAUER then detonated the
         device which substantially enlarged the original.

    All in violation of Title 18, United States Code, section
    371.

Count 2



    Commencing on or about a date unknown to the Grand
    Jury, but at least by on or about May 30, 1994 and
    continuing to June 27, 1996, defendants RANDY
    LYNNE NELSON, FINIS HOWARD WALKER,
    DEAN CARL PLEASANT, DAVID WAYNE
    BELLIVEAU, ELLEN ADELLA BELLIVEAU, and
    GARY CURTIS BAUER, taught and demonstrated to
    each other and other persons the use, application and
    making of firearms, explosives, incendiary devices and
    techniques capable of causing injury or death to persons,
    knowing and having reason to know and intending that the
    same would be unlawfully employed for use in, or in
    furtherance of, a civil disorder which could in any way, and
    degree, obstruct, delay and adversely affect the
    performance of any federally protected function.

    In violation of Title 18, United States Code, Section 231
    (a) (1).

Count 3



    Beginning on a date unknown to the Grand Jury, but at
    least on or about May 30, 1994 and continuing up to and
    including on or about June 27, 1996, in the District of
    Arizona, defendants RANDY LYNNE NELSON, FINIS
    HOWARD WALKER, DEAN CARL PLEASANT,
    DAVID WAYNE BELLIVEAU, ELLEN ADELLA
    BELLIVEAU, GARY CURTIS BAUER, CHARLES
FRANKLIN KNIGHT, HENRY ALFRED
OVERTURF, WALTER EARL SANVILLE, SCOTT
JEFFERY SHERO, DONNA STAR WILLIAMS,
CHRISTOPHER ALAN FLOYD, and other persons
known and unknown to the Grand Jury did knowingly and
intentionally combine, conspire, confederate and agree
together to make firearms, that is destructive devices, in
violation of the provisions of Title 26, United States Code,
Chapter 53, in violation of Title 26, United States Code,
Section 5861(f), and to receive and possess firearms, that
is destructive devices, which are not registered to them in
the National Registration and Transfer Record in violation
of Title 26, United States Code, Section 586l(d).

               OVERT ACTS

In furtherance of the conspiracy, and to effect the objects
of the conspiracy thereof, the defendants and other
persons known and unknown to the Grand Jury,
committed, and caused to be committed, the following
overt acts all within the District of Arizona.

   1.On or about December 13, 1995, FINIS
     HOWARD WALKER, RANDY LYNNE
     NELSON, GARY CURTIS BAUER, DAVID
     WAYNE BELLIVEAU, ELLEN ADELLA
     BELLIVEAU, WALTER E. SANVILLE,
     CHRISTOPHER ALAN FLOYD, and other
     persons known and unknown to the Grand Jury met
     and viewed a video tape demonstrating the making
     and use of destructive devices. The video tape had
     previously been prepared by FINIS HOWARD
     WALKER of a destructive device exercise
     conducted on or about November 11, l995, by
     members of the conspiracy. The exercise was
     attended by FINIS HOWARD WALKER,
     RANDY LYNNE NELSON, DEAN CARL
     PLEASANT, DAVID WAYNE BELLIVEAU,
     GARY CURTIS BAUER, CHARLES
     FRANKLIN KNIGHT, DONNA STAR
     WILLIAMS, WALTER EARL SANVILLE,
     CHRISTOPHER ALAN FLOYD, SCOTT
     JEFFERY SHERO, and other persons known and
     unknown to the Grand Jury. The exercise consisted
     of the detonation of multiple destructive devices
     which ultimately created a crater in open land
     approximately 6 feet in diameter and 3 feet deep.
     The exercise also included DEAN CARL
     PLEASANT discharging an unarmed M-16 type
     rifle grenade which then travelled approximately
     1OO feet.

   2.Later during the same meeting held on or about
     December 13, l995, GARY CURTIS BAUER
 displayed portions of an M-17/M-24 type rocket
 that he was building to FINIS HOWARD
 WALKER, RANDY LYNNE NELSON, DAVID
 WAYNE BELLIVEAU, ELLEN ADELLA
 BELLIVEAU, CHRISTOPHER ALAN FLOYD
 and WALTER EARL SANVILLE and other
 persons known and unknown to the Grand Jury for
 the purpose of training persons in the making and
 use of destructive devices. GARY CURTIS
 BAUER advised that black powder was the
 preferred propellant and discussed the technical
 aspects of propulsion of the rocket. WALTER
 EARL SANVILLE passed a piece of detonation
 cord around to each member of the group for the
 purpose of familiarization, GARY CURTIS BAUER
 assisted with the examination of the detonation cord.

3.On or about January 18, 1996, RANDY LYNNE
  NELSON, FINIS HOWARD WALKER, GARY
  CURTIS BAUER, DAVID WAYNE
  BELLIVEAU, ELLEN ADELLA BELLIVEAU,
  DEAN CARL PLEASANT, WALTER EARL
  SANVILLE, HENRY ALFRED OVERTURF,
  SCOTT JEFFERY SHERO, CHARLES
  FRANKLIN KNIGHT, DONNA STAR
  WILLIAMS, CHRISTOPHER ALAN FLOYD
  and other persons known and unknown to the
  Grand Jury, attended another group meeting. A
  portion of the meeting was devoted to a previously
  expressed concern by members of the group that
  only GARY CURTIS BAUER, FINIS HOWARD
  WALKER and RANDY LYNNE NELSON had
  proficient knowledge of explosive materials and
  destructive devices. Therefore, one of the purposes
  of this meeting and future meetings would be to
  present more hands-on training in explosive devices
  for use in resisting the federal government. In
  response to this desire for additional training, GARY
  CURTIS BAUER displayed portions of a rocket
  that he was in the process of designing. The rocket
  was approximately 12 to 16 inches in length, one
  and one half inches in diameter, had a light-weight
  aluminum tail, a body made of "PVC" pipe, and a
  wooden nose cone that could be armed with a
  non-electric blasting cap. GARY CURTIS BAUER
  advised that the rocket could carry one-half pound
  of explosive materials, be fired from AR-15/M-16
  type rifles, had a range of 500 yards, and could
  "take out a police car."

4.On or about January 24, 1996, RANDY LYNNE
  NELSON, FINIS HOWARD WALKER, DAVID
  WAYNE BELLIVEAU, ELLEN ADELLA
  BELLIVEAU, GARY CURTIS BAUER,
 CHARLES FRANKLIN KNIGHT, DONNA
 STAR WILLIAMS, WALTER EARL
 SANVILLE, CHRISTOPHER ALAN FLOYD,
 SCOTT JEFFERY SHERO and othor persons
 known and unknown to the Grand Jury, met for
 multiple purposes, including the scheduling of
 explosives training with live destructive devices and
 to conduct further destructive device training. During
 the meeting, FINIS HOWARD WALKER
 displayed to all persons present two bags of what he
 claimed to be homemade C-4 for the purpose of
 familiarization. FINIS HOWARD WALKER stated
 that the material would be used at the explosive
 training then scheduled for on or about January 27
 and 28, 1996.

5.On or about January 27 and 28, 1996, RANDY
  LYNNE NELSON, FINIS HOWARD
  WALKER, DAVID WAYNE BELLIVEAU,
  ELLEN ADELLA BELLIVEAU, GARY CURTIS
  BAUER, DEAN CARL PLEASANT, CHARLES
  FRANKLIN KNIGHT, DONNA STAR
  WILLIAMS, WALTER EARL SANVILLE,
  SCOTT JEFFERY SHERO, CHRISTOPHER
  ALAN FLOYD and other persons known and
  unknown to the Grand Jury participated in
  explosives training exercises near the Sunrise Mine
  located approximately two miles south of Highway
  60 and ten miles west of Wickenburg, Arizona .
  FINIS HOWARD WALKER transported the
  following materials to the training exercise:
  approximately 30 feet of detonation cord, one
  pound of black gun powder, two five gallon
  containers and two one pound canisters containing
  explosive materials consisting of a mixture of
  ammonium nitrate, gunpowder, aluminum powder
  and nitromethane fuel. CHARLES FRANKLIN
  KNIGHT assigned mandatory sentry duty for all
  members present except ELLEN ADELLA
  BELLIVEAU who prepared meals for the members
  during the training. GARY CURTIS BAUER,
  FINIS HOWARD WALKER and RANDY
  LYNNE NELSON instructed all persons present in
  the making of destructive devices. Each student
  present, prepared and detonated unregistered
  destructive devices consisting of photographic film
  canisters and soda cans containing ammonium
  nitrate, gun powder, aluminum powder,
  nitromethane fuel, and an ignition system. GARY
  CURTIS BAUER and FINIS HOWARD
  WALKER then made, possessed and detonated
  unregistered destructive devices consisting of two
  five gallon plastic buckets containing a booster along
  with the same mixture of explosive materials and
 components contained in the smaller devices
 previously detonated by the members present. The
 detonation of the larger unregistered destructive
 devices created a crater approximately five to six
 feet deep and twelve feet in diameter. GARY
 CURTIS BAUER then demonstrated and fired the
 improvised mortar rocket that he had previously
 displayed as alleged in paragraph 5 above and
 incorporated by reference herein. The rocket
 contained an ignition system and propellant but no
 other explosive materials. The rocket traveled
 approximately 400 yards from the firing point. The
 purpose of the firing was to test the rocket's
 detonation system in order to assist in the making of
 additiona1 destructive devices.

6.On or about March 3, 1996, FINIS HOWARD
  WALKER and CARY CURTIS BAUER acquired
  14 gallons of nitromethane, a component to be used
  in the construction of further destructive devices.

7.On or about March 6, 1996, FINIS HOWARD
  WALKER, RANDY LYNNE NELSON,
  WALTER EARL SANVILLE, GARY CURTIS
  BAUER, CHARLES FRANKLIN KNIGHT,
  DONNA STAR WILLIAMS, SCOTT JEFFERY
  SHERO, DAVID WAYNE BELLIVEAU and
  others known and unknown to the Grand Jury, met
  for the purpose of collectively deciding on an
  emergency rally point, a non-emergency rally point
  and "ambush" location the group would use if any of
  the members were being followed. The group then
  drove and inspected several sites. Sites for all three
  purposes were selected by the group before the end
  of the evening.

8.On or about March 14, 1996, FINIS HOWARD
  WALKER gave multiple photographs of the
  explosive training exercise previously conducted on
  or about January 27 and 28, 1996, alleged in
  paragraph 7 above and incorporated by reference
  herein, to a person known to the Grand Jury with
  instructions that they be shredded.

9.On or about May 1, 1996, GARY CURTIS
  BAUER, RANDY LYNNE NELSON, DEAN
  CARL PLEASANT, WALTER EARL
  SANVILLE, SCOTT JEFFERY SHERO,
  CHARLES FRANKLIN KNIGHT, DONNA
  STAR WILLIAMS and DAVID WAYNE
  BELLIVEAU and other persons known and
  unknown to the Grand Jury, met for multiple
  purposes, including to discuss the next training
  exercise involving the making of destructive devices.
   During the course of the meeting, an inventory of the
   group's current stores of ammonium nitrate was
   taken. GARY CURTIS BAUER responded that he
   currently possessed 1500 pounds of the material
   and RANDY LYNNE NELSON stated that he
   currently possessed approximately 200 pounds of
   the material.

10.On or about May 9, 1996, RANDY LYNNE
   NELSON, GARY CURTIS BAUER, DEAN
   CARL PLEASANT, DAVID WAYNE
   BELLIVEAU, SCOTT JEFFERY SHERO,
   HENRY ALFRED OVERTURF, CHARLES
   FRANKLIN KNIGHT, DONNA STAR
   WILLIAMS, WALTER EARL SANVILLE and
   other persons known and unknown to the Grand
   Jury, met for multiple purposes, including to further
   discuss the next destructive device training exercise
   scheduled for on or about May 11, l996, and to
   conduct further training relating to the construction
   of destructive devices. DEAN CARL PLEASANT
   brought approximately 40 pounds of ammonium
   nitrate with him to the meeting. After discussing the
   upcoming training exercise, RANDY LYNNE
   NELSON and DEAN CARL PLEASANT
   demonstrated to other persons known and unknown
   to the Grand Jury, how to grind ammonium nitrate
   with an electric coffee grinder.

11.On or about May 11, 1996, RANDY LYNNE
   NELSON, GARY CURTIS BAUER, DAVID
   WAYNE BELLIVEAU, DEAN CARL
   PLEASANT, WALTER EARL SANVILLE,
   HENRY ALFRED OVERTURF, SCOTT
   JEFFERY SHERO, CHARLES FRANKLIN
   KNIGHT and other persons known and unknown
   to the Grand Jury, participated in another
   destructive device training exercise near
   Wickenburg, Arizona. RANDY LYNNE
   NELSON transported approximately 12 pounds of
   ground ammonium nitrate to the training exercise in
   his vehicle. During the training, RANDY LYNNE
   NELSON demonstrated a "dry" mixture of
   ammonium nitrate, smokeless gun powder, and
   aluminum powder that could be used to construct
   destructive devices along with a container and an
   ignition system. Approximately four 1 pound
   unregistered destructive devices and one 7 to 8
   pound unregistered destructive device were then
   assembled and detonated. RANDY LYNNE
   NELSON supervised the making of each of the 1
   pound devices and HENRY ALFRED
   OVERTURF made at least one of the 1 pound
   devices.
      12.On or about May 20, l996, GARY CURTIS
         BAUER possessed a 55 gallon drum and a 15
         gallon drum which contained nitromethane and
         approximately six to eight 40 to 50 pound bags of
         ammonium nitrate at his residence.

      13.On or about June 8, 1996, GARY CURTIS
         BAUER, FINIS H0WARD WALKER and other
         persons known and unknown to the Grand Jury,
         returned to the explosives training site previously
         used as alleged in paragraph 12 above and
         incorporated by reference herein. GARY CURTIS
         BAUER proceeded to experiment with multiple
         variations of the ammonium nitrate mixture
         previously used on or about May 11, 1996. GARY
         CURTIS BAUER also placed another destructive
         device, contained in a five gallon pail, in the same
         crater he had made on or about January 27 and 28,
         1996. GARY CURTIS BAUER then detonated the
         device which substantially enlarged the original
         crater.

    All in violation of Title 18, United States Code, Section
    371.

Count 4



    On or about January 4, 1996 and continuing to on or
    about June 27, l996, in the District of Arizona, defendant
    RANDY LYNNE NELSON, knowingly and unlawfully
    possessed one (1) Browning, Model 1919, .30 caliber,
    full-automatic rifle, a machinegun as defined in Title 18,
    United States Code, Section 921(a)(23), and Title 26,
    United States Code, Section 5845(b).

    In violation of Title 18, United States Code, Sections 922
    (o) and 924(a)(2).



                      Count 5



    On or about January 27, 1996 and continuing to on or
    about June 27, l996, in the District of Arizona, defendant,
    DEAN CARL PLEASANT, knowingly and unlawfully
    possessed one (1) Thompson, .45 caliber, full-automatic
    rifle, a machinegun as defined in Title 18, United States
    code, Section 921(a)(23) and Title 26, United States
    Code, Section 5845(b).
     In violation of Title 26, United States Code, sections
     922(o) and 924(a)(2).



                          Count 6



     On or about February 22, l996, and continuing to   on or
     about June 27, 1996, in the District of Arizona,   defendant
     RANDY LYNNE NELSON, knowingly and unlawfully
     possessed one (1) .223 caliber, Colt AR-l5 type,
     full-automatic rifle, a machinegun as defined in   Title 18,
     United States Code, Section 921(a)(23) and Title   26,
     United States Code, Section 5845(b)

     In violation of Title 26, United States Code, Sections
     922(o) and 924(a)(2).



                          Count 7



     On or about May 11, 1996, and continuing to on or about
     June 27, 1996, in the District of Arizona, defendant GARY
     CURTIS BAUER, knowingly and unlawfully possessed
     one (1) SKS Type, 7.62 x 39mm caliber, full-automatic
     rifle, a machinegun as defined in Title 18, United States
     Code, Section 92l(a)(23) and Title 26, United States
     Code, Section 5845(b). In violation of Title 26, United
     States Code, Sections 922 (o) and 924(a)(2).

A TRUE BILL

BETTY J. TEAGUE (signature)
Foreperson of the Grand Jury
Date: June 27, 1996

JANET NAPOLITANO
United States Attorney
District of Arizona

THOMAS P. HANNIS
Chief, Criminal Section

FREDERICK A. BATTISTA (signature)
Assistant U.S. Attorney

								
To top