Text of the affidavit accompanying the complaint charging James
and Terry Nichols with conspiracy to make and possess explosives:
I, Patrick W. Wease, being sworn, state:
1. I am an agent with the Federal Bureau of Investigation, and
have been so employed for 16 years. I am vested with authority to
investigate violations of federal laws, including Title 18, United
States Code, Section 371, and Title 26, United States Code, Section
5861.
2. The following information has been received by the Federal
Bureau of Investigation on April 19 through 25, 1995.
3. On April 21, 1995, JAMES DOUGLAS NICHOLS was interviewed in
Decker, Michigan. During this interview, JAMES NICHOLS stated that
he is the brother of TERRY NICHOLS and is a friend of TIMOTHY JAMES
MCVEIGH, and that both have visited and-or resided with him at his
farm in Decker, Michigan, over the past several years. JAMES
NICHOLS further stated that he has observed MCVEIGH and TERRY
NICHOLS making and exploding ``bottle bombs'' at his residence in
1992, using brake fluid, gasoline, and diesel fuel. JAMES NICHOLS
further stated that he participated with MCVEIGH and TERRY NICHOLS
in making ``bottle bombs'' in 1992, and that in 1994 he, JAMES
NICHOLS, has made small explosive devices using prescription vials,
pyrodex, blasting caps, and safety fuse. JAMES NICHOLS further
stated that he was aware of ``survival books'' belonging to his
brother, TERRY NICHOLS, and that he knew that those books contained
information about making bombs and information dealing with
ammonium nitrate bombs. JAMES NICHOLS further stated that he
believed that TIMOTHY MCVEIGH had the knowledge to manufacture a
bomb. JAMES NICHOLS denied that he had ever purchased ammonium
nitrate, and stated that he had no knowledge that TERRY NICHOLS or
TIMOTHY MCVEIGH ever purchased any.
4. On or about April 21 through April 24, 1995, FBI agents
conducted a search of the farm belonging to JAMES NICHOLS in
Decker, Michigan. One of the buildings searched was a pole barn, in
which the agents found, among other items, the following: 28 fifty
pound bags of fertilizer containing ammonium nitrate; a 55 gallon
drum containing fuel oil; large quantities of 35% solution of
hydrogen peroxide; and 1/2 pint of aluminum powder. Also located at
the farm were large fuel tanks, which appeared to contain diesel
fuel. All of these materials can be used as ingredients in
improvised explosives. In addition, located in the farm house, the
agents found a supply of non-electric blasting caps, pyrodex (black
powder), and safety fuse. In addition, in a field located in the
vicinity of the farm buildings, the agents found jagged-edged metal
fragments, which appear to be shrapnel from the detonation of
explosive devices.
5. An interview conducted on April 21, 1995, with Daniel
Stomber, 5896 Deckerville Road, Evergreen Township, Decker,
Michigan, reveals that he was present at the farm of JAMES NICHOLS
on several occasions when JAMES NICHOLS and TERRY NICHOLS
manufactured small explosive devices. Stomber explained that the
Nichols brothers would mix fertilizer, peroxide, and bleach in
plastic pop bottles and detonate them around the Nichols farm.
Stomber recalls JAMES stating, ``We're getting better at it'' when
he referred to the bombmaking.
6. Stomber recalls an individual named Tim (last name unknown)
who had moved onto the Nichols farm last year. Stomber described
Tim as a guy that wore camouflage clothing frequently and carried a
pistol. Stomber believes Tim moved out in the spring of 1994.
7. Stomber recalls JAMES NICHOLS and TERRY NICHOLS frequently
making derogatory comments about the incident at Waco, Texas, and
the federal government.
8. On April 21, 1995, Paul Isydorek, a neighbor of JAMES
NICHOLS, was interviewed. Isydorek stated that JAMES NICHOLS was
always ``fooling around'' with common household materials to
determine what type of explosive value they had. Isydorek
specifically recalls Nichols mentioning ammonia as one of the
experimental substances. He further recalls observing TERRY NICHOLS
and TIM MCVEIGH at the Nichols farm participating in the
experimentation with explosives.
9. On April 21, 1995, Isydorek visited a local bar with JAMES
NICHOLS. He overheard JAMES in a conversation with the bartender in
which James explained that different types of explosives are used
to create different types of explosive effects.
10. On April 24, 1995, a cooperating individual who has
requested that his-her identity be protected (hereinafter CI 1)
advised Virgil Strickler, the Sheriff of Sanilac County, Michigan,
that on or around December 12 or 15, 1993, two individuals visited
Thumb Hobbies, Etc., a hobby store in Marlette, Michigan. Marlette
is approximately 20 miles from Decker, Michigan. These two
individuals inquired about purchasing 100% liquid nitro model
airplane fuel. They also wanted to purchase 200 heavy duty zip-lock
bags measuring 3 x 5 or 3 x 6 inches. The two were advised that the
store only carried 10-15% liquid nitro model airplane fuel, but
that 100% fuel could be ordered. One of the two gave his name as
Terry Tuttle, with a contact phone number of
(517) 872-4008, and
stated they would return. Approximately two weeks later, the two
individuals returned and were informed that the store could not or
would not obtain the 100% liquid nitro model airplane fuel for
them. The individuals stated that this was okay, as they had found
another source for the fuel. The two individuals were described by
CI 1 as white males, approximately 20 to 30 years of age. I have
been advised by an FBI agent with explosives expertise that 100%
liquid nitro model airplane fuel can be used in the manufacture of
improvised explosives, in conjunction with an oxidizer such as
hydrogen peroxide.
11. Investigation to date conducted by the FBI has determined
that ``Terry Tuttle'' and ``Tim Tuttle'' are known aliases of
TIMOTHY MCVEIGH. In addition, the telephone number left at the
hobby store by ``Terry Tuttle,''
(517) 872-4008, is one digit
different from JAMES NICHOLS' telephone number of
(517) 872-4018.
Also, during the April 21 through April 24, 1995, search of the
Nichols farm, mail addressed to Tim or Terry Tuttle was observed
inside the residence.
12. An interview was conducted on April 24, 1995, with a
cooperating individual who has requested that his-her identity be
protected (hereinafter ``CI 2''). CI 2 advised that during the
period between August 1987 and May 1990, he-she had occasion to
visit the NICHOLS farm on a regular basis, approximately 3 or 4
times each year. Approximately 6 years ago, CI 2, during a visit to
a shed on the Nichols farm, detected a strong odor of diesel fuel,
which he-she described as stronger than on prior occasions. NICHOLS
explained that they had been having fun making cardboard bombs. CI
2 observed an empty cardboard milk carton sitting on a work bench
in the shed. Also observed in the shed by CI 2 was a large pile of
urea fertilizer, approximately fifty 50-pound bags, which CI 2
knows is a nitrogen source of fertilizer. CI 2 stated that he-she
had never seen such a sizeable amount of fertilizer.
13. CI 2 recalls that his-her next visit to the NICHOLS farm
occurred shortly after some type of bombing disaster had occurred
in the world. CI 2 stated that NICHOLS rambled nervously about the
United States being responsible for this bombing disaster. NICHOLS
went on to explain how a small bomb can do damage such as what had
just occurred in the disaster.
14. CI 2 advised that NICHOLS repeatedly blamed the federal
government for all of the problems in the world, stating that he
despised the United States Government.
15. Based upon the above information, there is probable cause to
believe that from 1992 through 1995, in the Eastern District of
Michigan and elsewhere, defendants JAMES DOUGLAS NICHOLS and TERRY
NICHOLS have conspired with each other and with other persons,
including TIMOTHY JAMES MCVEIGH, to make and possess firearms, that
is, destructive devices, that were not registered to them in the
National Firearms Registration and Transfer Record, and that were
made in violation of the provisions of Chapter 53 of Title 26,
United States Code; all in violation of Title 18, United States
Code, Section 371, and Title 26, United States Code, Section 5861.
Patrick W. Wease
Special Agent, FBI