From: [c h risw] at [bga.com] (chris walker)
Newsgroups: talk.politics.guns
Subject: Waco:  Branch Davidian Indictments
Date: 28 Jul 1994 17:50:30 -0500


Branch Davidian Indictment

>            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. {ASCII character 21, paragraph symbol, deleted}
>   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

>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. {2 ASCII character 21's, paragraph symbol, deleted}
>   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. {2 ASCII character 21's, paragraph symbol, deleted}
>  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. {ASCII character 21, paragraph symbol, deleted}
> 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. {ASCII character 21, paragraph symbol, deleted}
> 924(c)(1)]
>
> On or about February 28, 1993, in the Western District of Texas,
>Defendant,
>
>                  NORMAN WASHINGTON ALLISON, aka
>                         DELROY NASH,
                         
page 10

>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. {ASCII character 21, paragraph symbol, deleted}
> 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. {ASCII character 21, paragraph symbol, deleted}
> 5861(d) and 18 U.S.C. {ASCII character 21, paragraph symbol,
> deleted} 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. {ASCII character 21, paragraph symbol, deleted} 371
> (18 U.S.C. {ASCII character 21, paragraph symbol, deleted}
> 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

page 12

>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 ASCII character 21's, paragraph symbol, deleted} 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