Waco Indictments

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

{filed Aug 06 1993, signed by clerk}

UNITED STATES OF AMERICA, * CRIMINAL NO. W-93-CR-046

*

Plaintiff * S U P E R C 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

GRAEME LEONARD CRADDOCK (10), * an Unregistered Destructive

RENOS AVRAAM (11), and * Device; 18 U.S.C. 371--

RUTH OTTMAN RIDDLE (12), * Conspiracy to Unlawfully

* Manufacture and Possess

Defendants. * Machineguns; 18 U.S.C.

922(o) Unlawful Possession

of Machine Guns; 18 U.S.C.

2--Aiding and Abetting]

THE GRAND JURY CHARGES:

COUNT ONE

[18 U.S.C. 1117]

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, also known

as BOB KENDRICK

NORMAN WASHINGTON ALLISON,

page 1

aka DELROY NASH,

GRAEME LEONARD CRADDOCK

RENOS AVRAAM

and

RUTH OTTMAN RIDDLE,

did knowingly, willfully and unlawfully combine, conspire,

confederate, and agree together and with each other, and with

persons known and unknown to the Grand Jury, to kill, with

malice aforethought during the performance and on account of

the performance of their duties, officers and employees of the

Bureau of Alcohol, Tobacco and Firearms (hereinafter "ATF"),

United States Department of the Treasury, including but not

limited to, ATF Special Agents Steven D. Willis, Robert Williams,

Conway C. LeBleu, and Todd W. McKeehan, and Agents of the Federal

Bureau of Investigation (hereinafter "FBI"), United States

Department of Justice, all agencies of the United States as

specified in Title 18, United States Code, Section 1114, all

in violation of Title 18, United States Code, Section 1117.

MEMBERS OF THE CONSPIRACY

2. At all times pertinent to this indictment, Vernon K. Howell,

also known as David Koresh, was a member of and the self-

proclaimed prophet for a group of individuals who lived at a

location known as the Mt. Carmel Compound, located near Waco,

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.

page 2

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 AVRAAM, 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 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, near Waco, Texas.

6. It was 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, WOODROW KENDRICK,

also known as BOB KENDRICK, NORMAN WASHINGTON ALLISON, also known

as DELROY NASH, GRAEME LEONARD CRADDOCK, RENOS AVRAAM, and other

followers were members of the "Mighty Men."

7. It was part of the conspiracy that in order to arm his

followers for the "war" with the United States, Vernon K. Howell,

page 3

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 AK-47 and M-16 rifles); thirty (30) round magazines and

one hundred (100) round magazines for M-16 and AK-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 Defendants BRAD EUGENE

BRANCH and PAUL GORDON FATTA 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 CASTILLO, PAUL GORDON FATTA, and others would and

did acquire and assist in the acquisition of weapons to be used

in the

page 4

"war" with the United States, including .50 caliber semi-

automatic rifles.

10. It was a part of the conspiracy that Defendants 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 LEONARD CRADDOCK, RENOS AVRAAM, and RUTH OTTMAN 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 WASHINGTON ALLISON, also

known as DELROY NASH, and WOODROW KENDRICK, also known as BOB

KENDRICK,

page 5

and another person would arm themselves at The Mag Bag and

endeavor to forcibly enter the Mt. Carmel Compound to assist

their coconspirators.

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 CASTILLO,

LIVINGSTONE FAGAN, GRAEME 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 28, 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 a part of the conspiracy that on April 19, 1993, some

of 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 an unidentified coconspirator would and did

give instructions

page 6

(continued)

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 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 conspirators while he was

attempting to execute search and arrest warrants.

3. 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 conspirators while he was

attempting to execute search and arrest warrants.

4. 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 conspirators while he was

attempting to execute search and arrest warrants.

5. 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 conspirators while he was

attempting to execute search and arrest warrants.

page 7

6. On April 19, 1993, in the Western District of Texas, Agents

of the Federal Bureau of Investigation were fired upon by

conspirators as they endeavored to serve arrest and search

warrants.

COUNT TWO

[18 U.S.C. 1114 1111(a), and 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, also known

as BOB KENDRICK

NORMAN WASHINGTON ALLISON,

aka DELROY NASH,

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 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

18, United States Code, Sections 1114, 1111(a), and Title 18,

United States

page 8

Code, Section 2.

COUNT THREE

[18 U.S.C. {ASCII character 21, paragraph symbol, deleted}

924(c)(1)]

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

GRAEME 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) and 2]

On or about February 28, 1993, in the Western District of Texas,

Defendants,

NORMAN WASHINGTON ALLISON, aka

DELROY NASH,

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,

page 9

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:

(1) an RG revolver, model RG 31, .32 caliber,

bearing serial number 0194405;

(2) a Beretta pistol, model 92FS 9 mm, bearing

bearing serial number BER116248Z,

during an in relationship 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 February 28, 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,

page 11

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

act were committed by the Defendant of the Western District of

Texas:

1. On April 19, 1993, co-conspirator Vernon K. Howell, also

known as David Koresh, gave GRAEME LEONARD CRADDOCK a

grenade;

contrary to Title 26, United States Code, Section 5861(d) and in

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

COUNT NINE

[18 U.S.C. 371

(18 U.S.C. 922(o))]

From 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 both

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 of the Western District of Texas:

1. On March 21, 1992, PAUL GORDON FATTA purchased a FEG,

Model SA85M rifle, 7.62 caliber, Serial No. SL02791;

2. 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

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

COUNT TEN

[18 U.S.C. 2 and 922(o)]

Beginning about February 1992 and continuing thereafter until

on or about February 1993, in the Western District of Texas,

Defendant,

PAUL GORDON FATTA

intentionally and knowingly did aid and abet Vernon K. 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:

[signed]

--------------------------------

FOREPERSON

JAMES H. DeATLEY

ACTING UNITED STATES ATTORNEY

By: ____________________________

W. Ray Jahn

Assistant U.S. Attorney


 

 

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