criminal complaint against dzhokhar tsarnaev

7/28/2019 Criminal complaint against Dzhokhar Tsarnaev

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1\0 91 (Rev. 11/11) Criminal Complaint

UNITED STATESDISTRICTCOURTfor the

D ist ri ctofMassachusettsUnited Sta tesofAmerica

v.

Dzhokhar Tsarnaev

Defendant(s)

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Case No. \ ~ & l0 C. q \ ; ~ 5

CRIMINALCOMPLAINTI, thecompla inantin this case, sta te th at the foll ow ing is true to the best ofmy knowledgeand belief.Onorabout thedate(s)of April 1_5, 2013_ in the countyof S u f f o l k - - - ~ - in theDistrict of Massachusetts ,the defendant( s) violate d:

CodeSection18U.S .C. s2332a(a)18u.s.c. s 844(1)

OffenseDescriptionUseof aW eapon of Mass DestructionMalicious Destructionof Property Result in g in Death

This criminalcompla int is based on these facts:SeeAtta chedAffidavitof Special Agent DanielR. Genck

[2( Continued on theatt ached sheet. ~ - ----~ - - - - ~ - - --- Com plainant' s signatur eDanielR ______Prin ted nameandti tle

Sworn to before meand signed inmypresence .

Date: 04/2 1/2013 @ Ct, ', ~ i ?\;City and sta te: / n, Massachusetts - - ~ ' . < ' _________~ g o 6 l.t-1,..1fJ


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AFFIDAVIT OF SPECIAL AGENTI, DanielR.Genck, being dulysworn, deposeand state:1. Iam a Special Agent with the Federal BureauofInvestigation ("FBI") and have

been so employed since 2009. I am currently assigned to one ofthe Boston Field Office'sCounter-terro rism Squads. Among other things, I am responsib le for conducting nationalsecurity investigationsofpotential violationsoffederal criminal laws as amemberofthe JointTerrorismTask Force ("JTTF"). Duringmytenure as an agent, Ihaveparticipated in numerousnational security investigations. Ihavereceivedextensive trainingandexperiencein theconductofnational security investigations, and those matters involving domestic and internationalterrorism.

2. Duringmyemployment with the FBI, Ihave conducted and participated inmanyinvestigations involving vio lations ofUnited States laws relating to the provision ofmaterialsupportto terro rism. Ihave participated in the executionofnumerous federal search and arrestwarrants in such investigations. I havehad extensive tra ining inmanymethodsused to commitactsofterrorismcontrary toUnitedStates law.

3. This affidavit is submitted in supportofan application for a complaint chargingDZHOKHARA. TSARNAEVofCambridge, Massachusetts ("DZHOKHARTSARNAEV")withusing aweaponofmass destructionagainst personsand property at theBostonMarathononApril 15, 2013, resulting in death. More specifically , I submit th is affidavit in supportofanapplicationfor a complaintchargingDZHOKHARTSARNAEVwith(I)unlawfullyusing andconspiringtouse aweaponofmassdestruction(namely, an improvised explosive device) againstpersonsandproperty within theUnited States used in interstate and foreign commerceand in anactivity that affects in terstate and foreign commerce, which offense and its results affected


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interstate and foreign commerce (including, but not lim ited to, the Boston Marathon, privatebusinessesinEasternMassachusetts,and theC ityofBoston itself),resultingindeath, inviolationof18 U.S.C. 2332a; and (2)malic iously damaging and destroying, by means ofan explosive,real and personal property used in inte rstate and foreign commerce and in an activity aJJectinginterstateand foreign commerce,resulting inpersonal injuryanddeath, in violationof18U.S.C.844(i).

4. This affidavit is based upon my personal involvement in this investigation, mytrainingandexperience,m y reviewofrelevantevidence, andinformationsuppliedtomebyotherlaw enforcement officers. It does not include each and every fact known to me about theinvestigation, but rather only those facts that I believe arc sufficient to establish the requisiteprobable cause.

FACTSANDCIRCUMSTANCESA. TheBostonMarathonExplosions

5. The Boston Marathon is an annual race that attracts runners from all over theUnited States and the world. Accordingto theBostonAthletic Association, which administersthe Marathon, over 23,000 runners participated in this year 's race. The Marathon has asubstantial impacton interstate andforeign commerce. For example,basedon publiclyavailableinformation, I believe that the runners and their families -- including th ose who travel to theBoston areafrom otherstatesand countries-- typicallyspendtensofmillionsofdollarseachyearat local areahotels, restaurantsand shops, in thedays before,during, andafter theMarathon. Inaddition,anumberoftherestaurantsand stores intheareanearthe fin ish linehavespecial eventsfor spectators.

6. The final stretch of the Boston Marathon runs eastward along the center of2


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af fidavit as Bom ber One, is ayoung male,wear in g a dark -coloredbaseb all cap, sungla sses, a whiteshirt, dark coat, and tan pants. The secondman, whomI re fe rto in this af fidav it as Bomber Two,is ayoung male, wearingawhite baseball cap backwards,a gra y hooded sweat shirt , alightw eightblackja cket, anddark pants. As set fo rth below, there is probable cause to believe that BomberOne is Tamer! an Tsarnaevand Bom ber Two ishisbrother, DZHOKHARTSARNAEV.

10. Afte r turning onto Boylston Stree t, Bom ber O ne and Bom ber Two can be seenwalking eastw ardalongthenorthsideofthesidewalk towards th e M arathonfinish line. BomberOneisin fiontandBom ber Tw ois afewfeet behindhim. Additionalsecuri ty camera video takenfrom a location farther east on Boyls ton Street, as well as contemporaneous photographs taken from across the street , show themen continuin g to walk togethereastw ard alongBoylstonStree ttowards Fairfield Street .

11. Ihav e als o reviewed video footage tak en from ase curity cam era affixedabove thedoorwayofheForum Restaurant located at 755Boyls tonStre et, whic h was the site ofthe secon dexplosion. This cam era is lo cated approximately midway between Fairf ie ld and Exeter Streetsand points out in the direct io n of Boylston and is turned slightly towards Fairfield . Atapproxim ate ly2 :41p .m .(based on thevideo 'sdurat io n and the tim ingofheexplo sions), BomberOne and Bom ber Two can be seen standing to gether approxim ately one halt :b lock from theres taurant.

12. At ap pro xim ately 2:42 p.m . (i.e. , approxim ately se ven minutes before the firstexplosion), Bom ber O ne can be seen detaching him self from th e crowd and walking east onBoylstonStre et towards the M arathonfin ish line. Approxim ately 15 secondslater,he can beseenpassing directly in ttont ofth e Forum Restaurant and contin uin g in the dire ctio nofthe locationwhere thefirst explo sio n occurred. His knapsackis still on hisback.

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13. Atapproximately 2:45p .m .,BomberTwocanbeseendetachinghimselffrom thecrowd and walking easton Boylston Street toward the Marathon finishing line. He appears tohavethethumbofhisright hand hookedunder the strapofhisknapsack and a cellphoneinhis lefthand. Approximately 15 seconds later, he can be seen stoppingdirectly in front ofthe ForumRestaurant and standingnear the metal barrier amongnumerous spectators, with his back to thecamera, facing the runners. He then can be seen apparently slipping his knapsack onto theground. A photograph taken from the opposite side ofthe street shows the knapsack on thegroundatBomberTwo's feet.

14. The Forum Restaurant videoshowsthat Bomber Tworemain edinthesamespot torapproximately four minutes,occasionally looking at his cell phone and onceappearing to take apicture with it. A tsomepoint he appears to look at his phone, which is held at approximately waist level, and may be manipulatin g the phone. Approximately 30 seconds before the firstexplosion,he lifts his phonetohis caras ifhe is speakingonhis cell phone,andkeeps it there forapproximately 18 seconds. A few seconds afterhe finishes the call, the large crowdofpeoplearound him can be seen reacting to the first explosion. Virtually every head turns to the east(towards thefinishline)and staresin thatdirection inapparent bewilderment and alarm. BomberTwo, virtually alone amongthe individualsin frontofhe restaurant,appearscalm. Heglances tothe east and then calm ly but rapidly begins moving to the west, away from the directionofthefinish line. I-Ie walks away without his knapsack, having leftit onthegroundwherehehad beenstanding. Approxim ately I 0 seconds later, an explosion occurs in the location where BomberTwohadplacedhisknapsack.

15. Ihave observed video and photographic footage ofthe lo cationwhere the secondexplosion occurred from a number ofdifferent viewpoin ts and angles, including from directly

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across the street. I can discern noth ing in that location in the period before the explosion thatmight havecaused thatexplo sion, otherth anBomber Two'sknapsack.

C. PhotographicIdentificationsI6. I havecomparedaMassachusettsRegistryofMotorVehicles("RMV")photograph

ofDZHOKHAR TSARNAEV with photographic and video images ofBomber Two, and Ibelieve, based on theirclose physical resemblance, there is probable cause thattheyare one andthe same person. Similarly, Ihave compared an RMV photographofTamerlanTsarnaevwithphotographic and video imagesofBomberOne, and Ilikewise believe that theyare one and thesame person.

D. TheBombersEmergeI7. Ibasetheallegationssetforth in paragraphs 18 through27 on informationthathas

beenprovidedtomebyfellow lawenforcement officers, includingmembersoftheJTTFand stateand local law enforcementwho responded to the crime scenes, as well as on publicly available in formationthatIdeemreliable.

18. At approximately 5:00 p.m. on April 18, 2013, the FBI published video andphotographic images ofBomber One and Bomber Two on its web site. Those images werewidelyrebroadcastbymediaoutletsall overthecountryand theworld .

19. Nearmidnighton Apr il18 ,2013, an individual catjackeda vehicle at gunpointinCambridge,Massachusetts . Avictim ofthecarjackingwas interviewed bylaw enforcementandprovided the following in formation. The victim sta ted thatwhilehe was sitt ing in his caron aroad in Cambridge, a man approached and tapped on his passenger-side window. When thevictim rolled down the window, the man reached in, opened the door, and entered the victim 'svehicle. The man pointed a firearm at the vic tim and stated, "D id you hear about the Boston

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explosion?" and"Idid that." The manremovedthemagazinet!omhis gunandshowedthevictimthatithadabullet in it, and then re-inse rte dthemagazine. The manthen sta ted, "Iam serious."

20. The manwith the gun fo rced the victim to drive to another location, where theypicked up asecondman. Thetwo menput somethin gin thetrunkofthe victim 's vehicle. Themanwith theguntookthev ic tim 's keys and sat in thedriv er's seat, whilethe vic tim movedto thefront passengerseat. Thesecondmanentere d the vic tim 's vehicle and sat in the rearpassengerseat. Theman withthe gunand thesecondman spoke to each other in afore ign language.

21. While theywere driving, themanwith thegundemanded moneyfrom thevictim ,whogave theman45 dollars. Oneofthe mencompelle dthe victim to hand over hisATMcardand password. Theythendrove to anATM machine andattempte dtowithdraw money from thevictim 's account. Thetwo menand thevic tim thendroveto agas station/conveniencestore in thevicin ity of816 Memoria l Drive, Cambridge. Thetwo mengotoutofthecar, at whichpoint thevictimmanaged to escape.

22. A short tim e later, the sto len vehicle waslocated bylaw enforcementinWatertown,Massachusetts. Asthemendrove down Dexter StreetinWatertown, theythrew at leasttwo smallimprovised explosive devices ("IEDs") out ofthe car. A gun fight ensued between the car'soccupantsandlawenforcement offi cers in which numerous shotswerefired. Oneofhemenwasseverelyinjuredand remainedat thescene; theother managedto escape in thecar. That carwasla ter found abandoned a short distance away, and an in tact low-grade explosiv e device wasdiscovered inside it. In addition, fiom the sceneofthe shootouton Laurel Stre et inWatertown,theFBI has recoveredtwo unexplodedIEDs,aswell as theremnantsofnumerous explodedIEDs.

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E. IdentificationoftheCarjackers23. Ihavereviewedim agesoftwomen takenatapproximate!y12:17a.m.byasecurity

cameraatthe ATMand thegasstation/convenience storewherethetwocmjackers drovewith thevictim in his car. Based on the men 's close physical resemblance to RMVphotosofTamerlanandDZHOKHARTSARNAEV, Ibelieve the two menwho carjacked, kidnapped, and robbedthe vic tim are Tamerlan and DZHOKHARTSARNAEV. In addition, the carjackerwho wasseverely injured during the shoot-out inWatertownwas tal(en to Beth IsraelHospital,where hewas pronounced dead. FBI fingerprint analysis confirms thathe is Tamerlan Tsarnaev, and theman's face matches the RMV photograph ofTamerlan Tsarnaev. RMV records indicate thatTamerlanTsarnaev andDZHOKHARTSARNAEVsharethesameaddressonNorfolk Street inCambridge,Massachusetts.Accordingto DepartmentofHomelandSecurity immigrationrecords,Tamerlan Tsarnaev and DZHOKHAR TSARNAEV are brothers. Tamerlan Tsarnaev was aLawfulPermanent Resident. DZHOKHARTSARNAEVenteredthe UnitedStatesonAprill2,2002,and isanaturalizedU.S. citizen.

F. PreliminaryExaminationoftheExplosives24. Apreliminaryexaminationoftheremainsofthe explo sivedevices thatwere used

attheBostonMarathonrevealedthattheywerelow-grade explosives that werehousedin pressurecookers. Both pressure cookers were ofthe same brand. Thepressure cookers also containedmeta llic BBs and nails. Many ofthe BBs were contained within an adhesive material. Theexplosivescontainedgreen-colored hobbyfuse.

25. A preliminary examinationofthe explosive devices that were discovered at thesceneoftheshootout in Watertownand inthe abandonedvehicle hasrevealed similarities to the

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explo siv es us ed at the Bosto n Maratho n. The re m nants ofat le ast one ofhe exploded IEDs at thesc ene ofhe shooto ut indic ate that a low-g ra de explosiv e had been conta in ed in a pre ss ure coo ker .The pressure cooker w as ofth e sa me bra nd as th e ones used in the M ara th on ex plos ions. Theexplo sive also conta in ed m eta ll ic BBs conta in ed w ith in an adhesiv e mate rial as well asgre en-c olo re d hobby fu se . The intact lo w-grade explo sive devic e fo un d in th e abandoned car wasin a pla st ic container and w rapped with gre en-colo re d hobbyfuse.

G.DZHOKHAR TSARNAEVis Locate d26. On th e evenin g ofApril 19, 2013, police investigation re veale d that th ere was an

indiv idual in a covere d boat lo cate d at 67 Fra nklin Stre et in W ate rtown. Aft er a stand-offbetw eenthe b oat's occupant and th e police in volv in g gunfi re, th e in dividu al was rem oved from the boatand se arch ed. A U niversit y ofM assachusetts at Dartm outh id enti fic ation card, credit cards, and oth er fm m s ofidentif icati on were fo und in his pockets . All of th em id entifie d the man asDZHOKHAR TSARNAEV. H e had visible injuries, inclu ding appare nt gunshot wou nds to thehe ad , ne ck , legs, and ha nd. DZHOKHAR TSARNAEV's wounds w ere triaged and he wasbro ught to an are a hospit al, where he re m ain s for m edical treatm en t.

27. On A pril 21, 201 3, the FBI searched DZHOKHAR TSARNAEV's dorm itoryroom at 7341 Pine D ale Hall a t the Univ ers ity ofM assachusetts at Dartm outh, pursuant to a searc hwarrant. The FBI seized fro m his ro om , am ong oth er things, a la rg e pyro te chnic, a blackjacketand a white hat ofth e sam e gene ral appearance as th ose w orn by Bom ber Two at the Bosto nM arathon on A p ril1 5 , 2013, an d BBs.

CONCLUSION28. Based on th e foregoing, there is probable cause to belie ve th at on or aboutApril 15,

2013 , DZHOKHAR TSARNAEVvio la te d 18 U.S .C . 2332a (u sing and conspiring to use a9


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weapon of mass destruction, resulting in death) and 844(i) (malicious destruction of property bymeans of an explosive device, resulting in death). Accordingly, I respectfully request that theCourt issue a complaint charging D Z H O K H A R T S A R N A E V with those crimes.

~ ~ =Ban1el R. GenckSp ecial AgentFederal Bureau oflnvest igation

/y ,/

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criminal complaint against dzhokhar tsarnaev

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