This is a transcript of the affidavit used by the BATF in order to obtain a search warrant of the Branch Davidian center in Waco, TX.
Affiant alleges the following grounds for search and seizure:
I, Davy Aguilera, being duly sworn, depose and state that:
I am a Special Agent with the US Treasury Department, BATF, Austin, Texas, and I have been so employed for approximately 5 years. This affidavit is based on my own investigation as well as information furnished to me by other law enforcement officers and concerned citizens.
On June 4, 1992, I met with Lt. Gene Barber, McClennan County Sheriff's Department, Waco, Texas, who has received extensive training in explosives classification, identification and the rendering safe of explosive devices and has been recognized in Federal Court as an expert witness in this field. Lt. Barber stated that he had received information in May 1992, from an employee of United Parcel Service, Waco, Texas, that from April through June of 1992, several deliveries had been made to a place known as the "Mag-Bag", Route 7, Box 555-B, Waco, Texas, 76705, located on Farm Road number 2491, in the names of Mike Schroeder and David Koresh, which the UPS employee believed to be firearms components and explosives. Through my investigation, I know that the place known as the "Mag-Bag" is a small tract of land located at the above address which has two metal buildings located on it. The name "Mag-Bag" comes from the shipping label which is accompanied many items shipped to the above address. I and other agents have personally observed vehicles consistently over the past six months at the "mag-Bag" location which are registered to Vernon Wayne Howell, aka: David Koresh. Lt. Barber further stated that the UPS employee, Larry Gilbreath, became suspicious and concerned about the deliveries, most of which were shipped COD because of their frequency and because of the method used by the recipient to receive the shipments and to pay for them.
Lt. Barber explained that David Koresh was an alias name used by Vernon Wayne Howell who operated a religious cult commune near Waco, Texas, at a place commonly known as the Mount Carmel Center, which is one of the premises to be searched and more specifically described above. I have learned from my investigation, particularly from my discussions with former cult members that Vernon Howell adopted the name David Koresh more than a year ago. The name "David Koresh" was chosen by Howell because Howell believed that the name helped designate him as the messiah or the anointed one of God. Lt. Barber further related that he was told by Gilbreath that he had been making deliveries to the "Mag-Bag" and the Mt. Carmel Center on Double EE Ranch Road, Waco, Texas, for several years, but he had never been suspicious of any of the deliveries until 1992. Gilbreath became concerned because he made several COD deliveries addressed to the "Mag-Bag", but when he would stop at that location he was instructed to wait while a telephone call was made to the Mt. Carmel Center by the person at the "Mag-Bag", usually Woodrow Kendrick or Mike Schroeder, notifying the person who answered the phone at the Mt. Carmel Center that UPS was coming there with a COD delivery, after which Gilbreath would be instructed to drive to the Mt. Carmel Center to deliver the package and collect for it. That on those occasions when he was at the Mt. Carmel Center to deliver and collect for the COD packages he saw several manned observation posts, and believed that the observers were armed.
Lt. Barber stated that he was told by Larry Gilbreath (UPS) that in May of 1992 two cases of inert hand grenades and a quantity of black gunpowder were delivered by him to the "Mag-Bag." The source of these shipments was unknown to Gilbreath.
On June 9, 1992, I was contacted by Lt. Barber who told me that he had learned from Larry Gilbreath that in June of 1992, the UPS delivered 90 pounds of powdered aluminum metal and 30 to 40 cardboard tubes, 24 inches in length and 1 1/4 to 1 1/2 inches in diameter, which were shipped from the Fox Fire Company, Pocatello, Idaho, to "Mag-Bag." From another shipper whose identity is unknown, to parcels containing a total of 60 M-16/AR-15 ammunition magazines were delivered by UPS to the "mag-Bag" on June 8, 1992. I know based upon my training and experience that an AR-15 is a semi-automatic rifle practically identical to the M-16 rifle carried by United States Armed Forces. The AR-15 rifle fires .223 caliber ammunition and, just like the M-16, can carry magazines of ammunition ranging from 30 to 60 rounds of ammunition. I have been involved in many cases where defendants, following a relatively simple process, convert AR-15 semi-automatic rifles to fully automatic rifles of the nature of the M-16. This conversion process can often be accomplished by an individual purchasing certain parts which will quickly transform the rifle to fire fully automatic. Often times templates, milling machines, lathes and instruction guides are utilized by the converter.
Lt. Barber furnished me with recently taken aerial photographs of the Mt. Carmel Center which had been taken by Captain Dan Weyenberg of the McClennan County Sheriff's Department, Waco, Texas. Among the things noted in the photographs was a buried bus near the main structure and an observation tower, approximately three or four stories tall with windows on all four sides enabling a view from the structure of 360 degrees.
I was also advised by Lt. Barber that Robert Cervenka, a known long time McClennan County citizen, who lives near the Mt. Carmel Center compound, had, on several occasions, from January through February of 1992, heard machine gun fire coming from the compound property. Mr. Cervenka offered law enforcement authorities his residence to be used as a surveillance post.
On July 21, 1992, I met with Robert L. Cervenka, Route 7, Box 103, Riesel, Texas. Mr. Cervenka farms the property surrounding the east side of the Mt. Carmel property. Mr. Cervenka stated that he has farmed that area since 1948. From about January and February of 1992 he has heard machine gun fire on the Vernon Howell property during the night hours. He is familiar with and knows the sound of machine gun fire because he did a tour overseas with the US Army. He believes that some of the gunfire he heard was being done with .50 caliber machine guns and possibly M-16 machine guns.
On November 13, 1992, I spoke with Lt. Gene Barber who told me that Mr. Cervenka, whose ranch is adjacent to the Mt. Carmel property, had reported hearing bursts of gunfire from the Mt. Carmel compound on November 8, 1992, at approximately 2:45 p.m.
On June 8, 1992, based on information gained from Gilbreath by Lt. Barber, I interviewed Dave Haupert, Olympic Arms Inc., Olympia Washington, a company which had shipped several parcels to David Koresh at the "Mag-Bag", Route 7, Box 555-B, Waco, Texas. Mr. Haupert told me that the records of Olympic Arms Inc., indicated that approximately forty-five AR-15/M-16 rifle upper receiver units, with barrels of various calibers, had been shipped from March through April of 1992 to the Mag-Bag corporation for a total cost of $11,107.31, cash on delivery.
On January 13, 1993, I interviewed Larry Gilbreath in Waco, Texas, and confirmed the information which had previously been related to me by Lt. Barber. Mr. Gilbreath told me that although he had been making deliveries at the "Mag-Bag" and the Mt. Carmel Center for quite some time, his suspicion about the packages being delivered to those places was never aroused until about February 1992. At that time the invoices accompanying a number of packages reflected that they contained firearm parts and accessories as well as various chemicals. He stated that in May 1992, a package which was addressed to the "Mag-Bag" accidentally broke open while it was being loaded on his delivery truck. He saw that it contained three other boxes, the contents of which were "pineapple" type hand grenades which he believed to be inert. He stated that there were about 50 of the grenades and that he later delivered them to the Mt. Carmel Center. The Mt. Carmel Center is that tract of land depicted in the photograph labeled "attachment B" with the main residential structure being depicted in "attachment C."
Mr. Gilbreath stated that these suspicious packages were usually addressed to the "Mag-Bag" or to David Koresh. When he would stop to deliver them to the "Mag-Bag" he was met most of the time by Woodrow Kendrick and on other occasions by Steve Schneider. They would have him wait while they telephoned the Mt. Carmel Center to tell them that UPS was coming with a COD package. He would be instructed to take the package(s) to the Mt. Carmel Center. Upon arriving at the Mt. Carmel Center he was usually met by Perry Jones or on occasion by Steve Schneider who would pay the COD charges in cash and would accept delivery of the shipments.
On this same date, June 8, 1992, I interviewed Glen Deruiter, manager, Sarco Inc., Stirling, New Jersey, and learned from him that in May of 1992 their company shipped one M-16 parts set kit with a sling and magazine to the "Mag-Bag" in the name of David Koresh. The total value of these items was $284.95.
Also on June 8, 1992, I interviewed Cynthia Aleo, Owner/manager Nesard Gun Parts Co., Barrington, Illinois, and learned from her that in May of 1992 her company shipped to the "Mag-Bag" 2 M-16 machine gun CAR kits and 2 M-16 machine gun EZ kits. These kits contain all the parts of an M-16 machine gun except for the lower receiver unit which is the "firearm" by lawful definition. Ms. Aleo stated that the total amount of sales to the "Mag-Bag" was $1227.00. Within the past month I have spoken with Curtis Bartlett, firearms technician with BATF and have learned that Nesard Co. has been under investigation in the past by BATF for engaging in a scheme to supply parts which would enable individuals to construct illegal weapons from various component parts.
On June 23, 1992, I spoke with ATF compliance inspector Robert Souza, Seattle, Washington, who inquired about the "Mag-Bag" corporation, Route 7, Box 555, Waco, Texas. He had received some invoices reflecting a large quantity of upper receivers and AR-15 parts being shipped to "Mag-Bag", Waco, Texas, from Olympic Arms Inc., 624 Old Pacific Highway, SE, Olympia, Washington. Inspector Souza faxed me copies of invoices reflecting purchases of twenty AR-15 upper receiver units with barrels by the "Mag-Bag" on March 26 and 30, 1992. These items are in addition to the items referred to above.
As a result of my investigation of shipments to Howell/Koresh and Mike Schroeder at the "Mag-Bag" Corporation, Waco, Texas, through UPS and the inspection of the firearms records of Henry McMahon, dba Hewitt Handguns, Hewitt, Texas, I have learned that they acquired during 1992 the following firearms and related explosive paraphernalia:
104 AR-15/M-16 upper receiver groups with barrels 8,100 rounds of 9MM and .223 caliber ammunition for AR-15/M-16 20 100 round capacity drum magazines for AK-47 rifles 260 M-16/AR-15 magazines 30 M-14 magazines 2 M-16 EZ kits 2 M-16 CAR kits 1 M-76 grenade launcher (not a typo, this is what it says) 200 M-31 practice rifle grenades 4 M-16 parts set kits "A" 2 flare launchers 2 cases (approximately 50) inert practice hand grenades 40-50 pounds of black gunpowder 30 pounds of potassium nitrate 5 pounds of magnesium metal powder 1 pound of igniter cord (a Class C explosive) 91 AR-15 lower receiver units 26 various calibers and brands of handguns and long guns 90 pounds of aluminum metal powder 30-40 cardboard tubes
The amount of expenditure for the above listed firearm paraphernalia, excluding the 91 AR-15 lower receiver units and the 26 complete firearms, was in excess of $44,300.00.
From my investigation I have learned that a number of shipments to the "Mag-Bag" have been from vendors with questionable trade practices. One is presently under investigation by the ATF for violations of the National Firearms Act which prohibits unlawful possession of machine guns, silencers, destructive devices, and machine gun conversion kits.
Because of the sensitivity of this investigation these vendors have not been contacted by me for copies of invoices indicating the exact items shipped to the "Mag-Bag."
On November 13, 1992, I interviewed Lt. Coy Jones, McClennan County Sheriff's Department, Waco, Texas, and learned from him that he had spoken with an employee of UPS, Waco, Texas, who wished to remain anonymous. This person told Jones that Marshal Keith Butler, a relative of the person who wishes to remain anonymous, is a machinist by trade and is associated with Vernon Howell.
The records of the Texas Department of Public Safety reflect that Butler has been arrested on 7 occasions since 1984 for unlawful possession of drugs. Two of the arrests resulted in convictions for possession of a controlled substance. Butler's latest arrest and conviction was in January 1992. Butler received a sentence of three years in the Texas Department of Corrections. In April 1992 Butler was paroled to McClennan County, Texas.
On November 13, 1992, I interviewed Terry Fuller, a deputy sheriff for the McClennan County Sheriff's Department, Waco, Texas, and learned from him that on November 6, 1992, at approximately 1:25 pm while on route patrol in the area of the Mt. Carmel Center, the property controlled by Vernon Howell, he heard a loud explosion in the area of the north part of the Mt. Carmel property. As he drove toward the area where he thought the explosion had occurred, he observed a large cloud of grey smoke dissipating from ground level on the north end of the Mt. Carmel property.
On December 7, 1992, I spoke with Special Agent Carlos Torres, BATF, Houston, Texas, who had been assisting me in a portion of this investigation. He related to me the results of his interview on December 4, 1992, with Joyce Sparks, Texas Department of Human Services, Waco, Texas. Special Agent Torres told me that Ms. Sparks received a complaint from outside the State of Texas that David Koresh was operating a commune-type compound and that he was sexually abusing young girls. Ms. Sparks stated that on February 27, 1992, she, along with two other employees of the Texas Dept. of Human Services, and two McClennan County Sheriff's deputies responded to the complaint. They went to the Mt. Carmel Center compound, located east of Waco in McClennan County. When they arrived at the compound they were met by a lady who identified herself as Rachel Koresh, the wife of David Koresh.
Mrs. Koresh was reluctant to talk with Ms. Sparks because David Koresh was not there. She had strict orders from him not to talk with anyone unless he was present. Ms. Sparks finally was able to convince Mrs. Koresh to allow her to talk with some of the children who were present. She talked to a young boy about 7 or 8 years old. The child said that he could not wait to grow up and be a man. When Ms. Sparks asked him why he was in such a hurry to grow up he replied that when he grew up he would get a "long gun" just like all the other men there. When Ms. Sparks pursued the subject the boy told her that all the adults had guns and that they were always practicing with them.
Ms. Sparks also told Special Agent Torres that she was escorted through part of the building where she noted a lot of construction being performed. She also said that she could not determine how many people were in the group but estimated about 60-70 people there including men, women and children. She stated that she saw about 15-20 adult males there.
Ms. Sparks also said that on April 6, 1992, she visited the compound again. On this occasion she talked with David Koresh. She asked Koresh about the firearms which she had been told by the small child. Koresh admitted that there were a few firearms there, but said that most of the adults did not know of them, and there were too few to be of any significance. Ms. Sparks said that when she pressed Koresh about the firearms and their location at the compound, he offered to show her around. He requested that she wait about 30 minutes until he could get the other residents out of the building so they would not see where he had the firearms stored. After a period of time, Ms. Sparks was escorted through part of the building by Koresh. She noted that there was more construction activity and that the inside of the structure looked quite different from her previous visit. Each time Ms. Sparks asked Koresh about the location of the firearms, he would tell her that they were in a safe place where the children could not get to them. He would then change the subject.
Ms. Sparks said that she noticed a trap door in the floor at one end of the building. When she inquired about it, Koresh allowed her to look into the trap door. She could see a ladder leading down into a buried school bus from which all the seats had been removed. At one end of the bus she could see a very large refrigerator with numerous bullet holes. She also saw three long guns lying on the floor of the bus, however, she did not know the make or caliber of them. She stated that there was no electricity in the bus. Everything she saw was with the aid of a pen light. When questioned by Ms. Sparks, Koresh said that the bus was where he practiced his target shooting in order not to disturb his neighbors.
Ms. Sparks felt the entire walk through the compound was staged for her by Koresh. When she asked to speak with some of the children and other residents, Koresh refused, stating they were not available. She said that during her conversation with Koresh, he told her that he was the "Messenger" from God, that the world was coming to an end, and that when he "reveals" himself the riots in Los Angeles would pale in comparison to what was going to happen in Waco, Texas. Koresh stated that it would be a "military type operation" and that all the "non-believers" would have to suffer.
On December 11, 1992, I interviewed Robyn Bunds in LaVerne, California. Robyn Bunds is a former member and resident of Vernon Howell's commune in Waco, Texas. She told me that in 1988 at the age of 19, she gave birth to a son who was fathered by Vernon Howell. Her departure from the commune in 1990 was a result of Howell becoming progressively more violent and abusive.
While she was there she and other residents were subjected to watching extremely violent movies of the Viet Nam war which Howell would refer to as training films. Howell forced members to stand guard of the commune 24 hours a day with loaded weapons. Howell always was in possession of firearms and kept one under his bed while sleeping. Robyn stated that her present residence in California belonged to her parents. For a period of several years, Howell had exclusive control of the residence and used it for other members of his cult when they were in California. It was later relinquished by Howell to Robyn's mother. In June 1992, while she was cleaning one of the bedrooms of the residence, she found a plastic bag containing gun parts. She showed them to her brother, David Bunds, who has some knowledge of firearms. He told her it was a machine gun conversion kit. She stored the gun parts in her garage because she felt certain that Howell would send some of his followers to pick them up. Subsequent to her discovery of the conversion kit, Paul Fatta, Jimmy Riddle, and Neal Vaega, all members of Howell's cult, and residents of the commune in Waco, came from Waco, Texas, to California, and picked up the conversion kit.
On December 12, 1992, I interviewed Jeannine Bunds, the mother of Robyn and David Bunds. She told me that she was a former member of Howell's group in Waco, Texas, having left there in September, 1991. She is a registered nurse and was working in that capacity at the Good Samaritan Hospital, Los Angeles, California. While at Howell's commune in Waco, she participated in live fire shooting exercises conducted by Howell. She saw several long guns there, some of which she described as AK-47 rifles. Mrs. Bunds described the weapon to me and was able to identify an AK-47 from among a number of photographs of firearms shown to her by me. I believe that she is well able to identify an AK-47. In July of 1991 she saw Howell shooting a machine gun on the back portion of the commune property. She knew it was a machine gun because it functioned with a very rapid fire and would tear up the ground when Howell shot it. Mrs. Bunds also told me that Howell had fathered at least fifteen children from various women and young girls at the compound. Some of the girls who had babies fathered by Howell were as young as 12 years old. She had personally delivered 7 of these children.
According to Ms. Bunds, Howell annuls all marriages of couples who join his cult. He then has exclusive sexual access to the women. He also, according to Mrs. Bunds, has regular sexual relations with young girls there. The girls ages are from 11 years old to adulthood.
On January 6, 1993, I interviewed Jeannine Bunds again, in Los Angeles, California. I showed her several photographs of firearms and explosive devices. She identified an AR-15 rifle, and a pineapple type hand grenade as being items which she had seen at the Mt. Carmel Center while she was there. She stated that she saw several of the AR-15 rifles and at least one of the hand grenades.
On January 7, 1993, I interviewed Deborah Sue Bunds in Los Angeles, California. She was the wife of David Bunds, and she had been a member of the "Branch Davidians" since birth. She stated she first met Vernon Wayne Howell in July, 1980. When Howell assumed leadership of the "Branch" in Waco, Texas, in 1987, he began to change the context of their doctrine. While she was at the Mt. Carmel compound in Waco, Texas, she was assigned under Howell's direction to guard duty with a loaded weapon. About February, 1989, she observed Howell shooting a machine gun behind the main structure of the compound. She is sure the firearm was a machine gun because of the rapid rate of fire and the rate of fire was much different from that which was usually conducted during practice exercises on the compound. After describing the firing of this weapon to me, I believe that Ms. Bunds was describing the firing of an automatic weapon.
Mrs. Deborah Bunds also told me that during an evening meal a short time after having seen Howell shoot the machine gun, she overheard Howell and his closest associates discussing machine guns. Howell was very excited about having a machine gun. He voiced a desire to acquire additional machine guns specifically AK-47 type macine guns.
During this investigation I made inquiries of a number of law enforcement data bases for information about those commune residents who I have been able to identify. Through TECS I learned that some 40 foreign nationals from Jamaica, United Kingdom, Israel, Australia, and New Zealand have entered the United States at various times in the past and have used the address of the Mt. Carmel Center, Waco, Texas, as their point of contact while here. According to INS records, most of these foreign nationals have overstayed their entry permits or visas and are therefore illegally in the United States. I know that it is a violation of Title 18, U.S.C. Section 922, for an illegal alien to receive a firearm.
On January 1 and January 3, 1993, Mrs. Poia Vaega, of Mangere, Auckland, New Zealand, was interviewed telephonically by Resident Agent in Charge Bill Buford, BATF, Little Rock Arkansas, who also is assisting me in this investigation. The results of Special Agent Buford's interview on January 1, 1993, was reduced to writing and furnished to me. Special Agent Buford's interview on January 3, 1993, was tape recorded with the permission of Poia Vaega and has since been transcribed and typewritten. Both the tape recording and the transcription was furnished to me by Special Agent Buford. Both interviews with Poia Vaega revealed a false imprisonment for a term of three and a half months which began in June of 1991 and physical and sexual abuse of one of Mrs. Vaega's sisters, Doreen Saipaia. This was while she was a member of the Branch Davidian at the Mt. Carmel Center, Waco, Texas. The physical and sexual abuse was done by Vernon Wayne Howell and Stanley Sylvia, a close follower of Howell, on several occasions.
It was learned From Mrs. Vaega that she and her husband Leslie were also members of Howell's group in Waco for a short period of time in March, 1990. Upon their arrival at Mt. Carmel Center, she and her husband were separated and not allowed to sleep together or have any sexual contact.
According to Mrs. Vaega, all the girls and women at the compound were exclusively reserved for Howell. She stated that Howell would preach his philosophy, which did not always coincide with the bible, for hours at a time. She and her husband left the compound after ten days because her husband did not agree with Howell's doctrine but that her two sisters stayed behind.
Mrs. Vaega also related that she was present at one of the study periods held by Howell when Howell passed his personal AK-47 machine gun around for the group to handle and look over.
On January 6, 1993, I received the results of an examination conducted by Jerry A. Taylor, explosives enforcement officer, BATF, Walnut Creek, California, in response to a request from me to render an opinion on device design, construction, functioning, effects and classification of explosives materials which have been accumulated by Howell and his followers. Mr. Taylor has received extensive training in explosives classification, identification and rendering safe of explosive devices and has been recognized on numerous occasions as an expert witness in Federal Court. Mr. Taylor stated that the chemicals Potassium Nitrate, Aluminum and Magnesium, when mixed in the proper proportions do constitute an explosive as defined by federal law. He further stated that igniter cord is an explosive. Also Mr. Taylor stated that the inert practice rifle grenades and hand grenades would, if modified as weapons, with the parts available to Howell, become explosive devices as defined by federal law. Finally, he stated that black powder is routinely used as the main charge when manufacturing improvised explosive weapons, such as grenades and pipe bombs. I know that Title 26, U.S.C. Section 5845, makes it unlawful for a person to possess any combination of parts designed or intended for use in converting any device into a destructive device. The definition of "firearm" includes any combination of parts either designed or intended for use in converting any device into a destructive device, such as a grenade, and from which a destructive device may be readily assembled. See United States vs Price, 877 F.2d 334 (5th Cir. 1989). So long as an individual possesses all the component parts item constitutes a destructive device, even though it is not assembled, so long as it can be readily assembled. United States vs Russell, 468 F.SUPP. 322 (D.C. Tex. 1979).
On January 8, 1993, I interviewed Marc Breault in Los Angeles, California. He is an American citizen who lives in Australia with his wife Elizabeth. He was once a member of the Branch Davidian in Waco, Texas. He lived at the Mt. Carmel Center from early 1988 until September 1989. While there he participated in physical training and firearms shooting exercises conducted by Howell. He stood guard armed with a loaded weapon. Guard duty was maintained 24 hours a day, 7 days a week. Those who stood guard duty were instructed by Howell to "shoot to kill" anyone who attempted to come through the entrance gate of the Mt. Carmel property. On one occasion, Howell told him that he wanted to obtain and/or manufacture machine guns, grenades and explosive devices. Howell stated he thought that the gun control laws were ludicrous because an individual could easily acquire a firearm and the necessary parts to convert it to a machine gun, but if a person had the gun and the parts together they would be in violation of the law. On another occasion Howell told him that he was interested in acquiring the "Anarchist's Cookbook" which I know is a publication outlining clandestine operations to include instructions and formulas for manufacturing improvised explosive devices.
On January 12, 1993, I spoke with Special Agent Earl Dunagan, BATF, Austin, Texas, who is assisting me in this investigation. He related the results of his inquiry to the ATF firearms technology branch, Washington, DC, for an opinion concerning the firearms parts which have been accumulated by Howell and his group. Special Agent Dunagan stated that he had spoken with Curtis Bartlett, firearms enforcement officer, Washington, DC, and was told by Officer Bartlett that the firearms parts which Howell has received and the method by which he has received them is consistent with activities in other ATF investigations in various parts of the US which have resulted in the discovery and seizure of machine guns. Mr. Bartlett stated that the firearms parts received by Howell could be used to assemble both semi-automatic firearms and machine guns. He has examined many firearms which had been assembled as machine guns which include these type parts.
Mr. Bartlett also told Special Agent Dunagan that one of the vendors of supplies to Howell has been the subject of several ATF investigations in the past. ATF executed a search warrant at this company and had seized a number of illegal machine guns and silencers.
Special Agent Dunagan told me that on January 12, 1993, he spoke to Special Agent Mark Mutz, ATF, Washington, DC, who was the case agent on the above ongoing investigation dealing with the illicit supplier who has provided gun parts to Howell. Special Agent Mutz stated that during the execution of the federal search warrant at the company's office in South Carolina he saw large quantities of M-16 machine gun and AK-47 machine gun parts. The company maintained their inventory of these parts as "replacement parts" so they fell easily within a loophole in the federal law which prohibited ATF from seizing the parts. Special Agent Mutz stated that the company had all the necessary parts to convert AR-15 rifles and semi-automatic AK-47 rifles into machine guns if their customers had the upper and lower receivers for those firearms. Based on my investigation as stated above in the description of gun parts shipped to Howell I know that Howell possesses the upper and lower receivers for the firearms which he apparently trying to convert to fully automatic.
Mr. Bartlett told me that another one of the vendors of supplies to Howell, Nesard Gun Parts Co., 27 West 990 Industrial Road, Barrington, Illinois, has also been the subject of an ATF investigation. Officer of that company, Gerald Grayson, Cynthia Aleo, and Anthony Aleo all plead guilty to ATF charges. The Nesard Company which owned Sendra Corporation was shipping AR-15 receivers through the Sendra Corporation, along with part kits from the Nesard Company. When these parts are assembled it resulted in the manufacture of a short barreled rifle. Even though the above subjects are convicted felons they continue to conduct business because the Nesard Gun Parts Co. distributes gun parts and not firearms.
On January 25, 1993, I interviewed David Block in Los Angeles, California. He stated that he was a member of Howell's cult at the Mt. Carmel Center, Waco, Texas, from March 1992 until June 13, 1992. During the time he was there he attended two gun shows with Vernon Howell, Mike Schroeder, Paul Fatta, and Henry McMahon, who is a federally licensed firearms dealer. The gun shows were in Houston and San Antonio, Texas.
While at the Mt. Carmel Center, he saw a metal lathe and a metal milling machine which were normally operated by Donald Bunds and Jeff Little. Donald Bunds, a mechanical engineer, has the capability to fabricate firearm parts according to Block. On one occasion, at the Mt. Carmel Center, he observed Bunds designing what Bunds described as a "grease gun/sten gun" on an Auto Cad computer located at the residence building at the compound. The computer has the capability of displaying a three dimensional rendering of objects on a computer monitor screen. The object appeared to be a cylindrical tube with a slot cut into the side of it for a bolt cocking lever. Bunds told him that Howell wanted Bunds to design a "grease gun" which they could manufacture. Mr. Block told me that on another occasion at the Mt. Carmel Center, he saw Donald Bunds designing a template which Bunds explained was to fit around the "grease gun" tubes indicating where the bolt lever slots were to be milled out. This was another step in manufacturing "grease guns" which had been requested by Howell. I know that a "grease gun" is a machine gun following after the design of a WWII era military weapon.
During his time at the Mt. Carmel Center, Mr. Block was present on several occasions when Howell would ask if anyone had any knowledge about making hand grenades or converting semi-automatic rifles to machine guns. At one point he also heard discussion about a shipment of inert hand grenades and Howell's intent to reactivate them. Mr. Block stated that he observed at the compound published magazines such as "The Shotgun News" and other related clandestine magazines. He heard extensive talk of the existence of the "Anarchist's Cookbook."
Mr. Block told me that he observed a .50 caliber rifle mounted on a bipod along with .50 caliber ammunition. However, what Mr. Block described to ATF agents was a British Boys .52 caliber anti-tank rifle (a destructive device.) Mr. Block further stated that he also heard talk of the existence of two additional .50 caliber rifles on the compound. There was also extensive talk about converting the .50 caliber rifles and other rifles to machine guns.
Mr. Block also told me that he met James Paul Jones from Redding, Claifornia, who was visiting the Mt. Carmel Center in April or May of 1992. According to Howell, Jones was a firearms and explosives expert.
On February 22, 1993, ATF Special Agent Robert Rodriguez told me that on February 21, 1993, while acting in an undercover capacity, he was contacted by David Koresh and was invited to the Mt. Carmel compound. Special Agent Rodriguez accepted the invitation and met with David Koresh inside the compound. Vernon Howell, aka David Koresh, played music on a guitar for 30 minutes and then began to read the bible to Special Agent Rodriguez. During this session, Special Agent Rodriguez was asked numerous questions about his life. After answering all the questions, Special Agent Rodriguez was asked to attend a two week bible session with David Koresh. This was for Special Agent Rodriguez to learn the seven seals and become a member of the group. Special Agent Rodriguez was told that by becoming a member he (Rodriguez) was going to be watched and disliked. David Koresh stated that Special Agent Rodriguez would be disliked because the government did not consider the group religious, and that he (Korseh) did not pay taxes, or local taxes because he felt he did not have to. David Koresh told Special Agent Rodriguez that he believed in the right to bear arms but that the US government was going to take away that right. David Koresh asked Special Agent Rodriguez if he knew that if he (Rodriguez) purchased a drop-in sear for an AR-15 rifle it would not be illegal. But if he had an AR-15 rifle with the sear that it would be against the law. David Koresh stated that the sear could be purchased legally. David Koresh stated that the bible gave him the right to bear arms. David Koresh then advised Special Agent Rodriguez that he had something he wanted Special Agent Rodriguez to see. At that point he showed Special Agent Rodriguez a video tape on ATF which was made by the Gun Owner's Association (GOA). This film portrayed ATF as an agency who violated the rights of gun owners by threats and lies.
I believe that Vernon Howell, aka David Koresh and/or his followers who reside at the compound known locally as the Mt. Carmel Center are unlawfully manufacturing and possessing machine guns and explosive devices.
It has been my experience over the five years that I have been a special agent for BATF and that of other special agents of the BATF, some of whom have the experience of twenty years or more, who have assisted in this investigation, that it is a common practice for persons engaged in the unlawful manufacture and possession of machine guns and explosive devices to employ surreptitious methods and means to acquire the products necessary to produce such items, and the production, use, and storage of those items are usually in a protected or secret environment. It is also my experience that persons who acquire firearms, firearms parts, and explosive materials maintain records of receipt and ownership of such items and instruction manuals or other documents explaining the methods of construction of such unlawful weaponry.
Davy Aguilera, Special Agent Bureau of ATF
Subscribed and sworn to before me this 25th day of February 1993 Dennis G. Green United States Magistrate Judge Western District of Texas - Waco
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