Viper indictments (fwd)
Cory Brickner
FYI...
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"A fear of weapons is a sign of retarded sexual and emotional maturity."
-- Sigmund Freud, General Introduction to Psychoanlysis (1952)
Cory Brickner The Freedom Pages
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---------- Forwarded message ----------
Date: Tue, 02 Jul 1996 09:18:26 -0700
From: Dan Eff <eff...@AZSTARNET.COM>
To: Multiple recipients of list AZRKBA <AZR...@ASUVM.INRE.asu.edu>
Subject: Viper indictments
Thank you STARNET for providing the text of the 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).
TO BE CONTINUED