Date: Tue, 02 Jul 1996 09:18:26 -0700 From: Dan Eff Subject: Viper indictments United States of America, Plaintiff. v. Randy Lynne Nelson (Counts 1-4, 6); Finis Howard Walker (Counts 1-3); Dean Carl Pleasant (Counts 1-3, 5); David Wayne Belliveau (Counts 1-3); Ellen Adella Belliveau (Counts 1-3); Gary Curtis Bauer (Counts 1-3, 7); Charles Franklin Knight (Count 3); Henry Alfred Overturf (Count 3); Walter Earl Sanville (Count 3); Scott Jeffery Shero (Count 3); Donna Star Williams (Count 3); and Christopher Alan Floyd (Count 3), Defendants No. CR96-280PHX The Grand Jury charges: Count 1 (Conspiracy To Furnish Instruction in the Use of Explosive Devices and Other Techniques in Furtherance of Civil Disorder) VIO: 18 U.S.C., section 371 Count 2 (Furnishing Instruction in the Use of Explosive Devices and Other Techniques in Furtherance of Civil Disorder) 18 U.S.C., section 231 Count 3 (Conspiracy to Unlawfully Make and Possess Unregistered Destructive Devices) 18 U.S.C., section 371 Counts 4-7 (Unlawful Possession of Machineguns) 18 U.S.C., section 922 (o) Count 1 Beginning on a date unknown to the Grand Jury, but at least by on or about May 30, l994 and continuing up to and including on or about June 27, 1996, in the District of Arizona, defendants RANDY LYNNE NELSON, FINIS HOWARD WALKER, DEAN CARL PLEASANT, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU and GARY CURTIS BAUER, and other persons known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire, confederate and agree together to teach and demonstrate to each other and other persons the use, application, and making of firearms, explosive and incendiary devices, and techniques capable of causing injury and death to persons, knowing and having reason to know and intending that the same would be unlawfully employed for use in, and in furtherance of, a civil disorder which could in any way, and degree, obstruct, delay, and adversely affect the conduct and performance of any federally protected function in violation of Title 18 United States Code, Section 231(a)(1). OVERT ACTS In furtherance of the conspiracy, and to effect the objects of the conspiracy thereof, the defendants and other persons known and unknown to the Grand Jury, committed, and caused to be committed, the following overt acts all within the District of Arizona. 1.On or about May 30, 1994, DEAN PLEASANT, DAVID WAYNE BELLIVEAU and ELLEN ADELLA BELLIVEAU prepared a video tape of potential targets of acts of violence by members of the conspiracy and other persons known and unknown to the Grand Jury, which would disrupt, delay, and adversely affect the performance of federally protected functions. The video contains descriptions of the target buildings' exteriors, parking facilities, approaches, security measures, communications equipment, fences and adjacent structures, all of which were located in the Phoenix, Arizona, Metropolitan Area. The video also contains instructions for the placement of explosive devices, illegal entry, control and destruction of the targeted buildings. In particular, the videotape presents the following information: A. The tape identifies a building located at 201 East Indianola Avenue, Phoenix, Arizona. On that date, the building housed the Phoenix headquarters for the Bureau of Alcohol, Tobacco and Firearms (ATF), the Federal Bureau of Investigation (FBI) and other federal agency offices. (ATF has since moved out of the building.) The tape's narrator identifies supports for the building and advises that the building would collapse if the supports were destroyed. The tape advises that the destruction of an electrical power transformer shown near the building could cut off electrical power to the building. The tape advises that the placement of "anti-personnel'' devices in mailboxes shown near the entrance to the building could harass united States Treasury employees. The tape advises that the destruction of a water main shown near the building could inhibit fire fighting operations if the building was on fire. The tape advises that the destruction of a natural gas main shown near the building could be used as a diversion during a raid on the building. The tape advises that an adjacent covered parking lot shown near the building could be used as a staging area prior to a raid on the building. Finally, the tape advises that the front iron gate to the building would need to be blown up in order to gain access to the building's elevators. B. The building located at 210 East Earll Drive, Phoenix, Arizona. The building houses the United States Internal Revenue Service Phoenix District Headquarters. The tape provides multiple visual images of the building's exterior and the parking garage. C. The building housing the United States Secret Service, Phoenix, Arizona, headquarters. The tape provides multiple images of the exterior of the building while the narrator discusses the shift change schedule of the buildings security guards along with other security measures taken by the building's occupants. D. The building located at 2035 North Central, Phoenix, Arizona. The building houses the United States Immigration and Naturalization Service (INS) in Phoenix, Arizona. The tape's narrator mistakenly advises that this building also contains offices of other United States Department of Justice agencies. The narrator advises that the structures supporting this building are shorter than those in the former ATF building, and that the INS building, therefore, would be more difficult to "collapse." The tape presents visual imaqes of the front and rear exteriors of the building, building surveillance cameras and parking facilities. The narrator also identifies a covered location near the building which could be used for sniping. E. The building located at 620 West Washington, Phoenix, Arizona. The building houses the Phoenix Police Department headquarters. Tha tape presents multiple images of the exterior of the building and advises that the building is fortified. The narrator advises that the building would be difficult to take over but that it would be a "major political statement" if it was taken over. The narrator also states that the records and equipment contained inside of the building would be invaluable to persons taking over the building. F. The building in Phoenix, Arizona, then housing the Phoenix Police Department's storage facilities for seized property and evidence, particularly firearms. The tape presents multiple images of the exterior of the building. G. Numerous buildings located at 5636 East McDowell Road, Phoenix, Arizona. The buildings house Arizona National Guard facilities. The tape presents numerous images of the exterior of buildings, including the lO7th Transportation Company and Military Police Headquarters. The tape presents numerous images of National Guard trucks, trailers and jeep-type vehicles along with water and fuel storage facilities. The tape also presents multiple images of the perimeter fence of the facilities and contains references to multiple points recommended by the narrator for use during any infiltration. 2.On or about December 13, 1995, FINIS HOWARD WALKER, RANDY LYNNE NELSON, GARY CURTIS BAUER, DAVID WAYNE BELLIVEAU and other persons known and unknown to the Grand Jury, met and viewed, for the purpose of training persons in the making and use of explosive devices for use in obstructing the federal government, a video tape prepared by FINIS HOWARD WALKER of an explosive device training exercise conducted on or about November ll, l995, by members of the conspiracy. The exercise was attended by FINIS HOWARD WALKER, RANDY LYNNE NELSON, DEAN CARL PLEASANT, DAVID WAYNE BELLIVEAU, GARY CURTIS BAUER and other persons known and unknown to the Grand Jury. The exercise consisted of the detonation of multiple destructive devices which ultimately created a crater in open land approximately 6 feet in diameter and 3 feet deep. The exercise also included DEAN CARL PLEASANT discharging an unarmed M-16 type rifle grenade which travelled approximately 100 feet. 3.Later during the same meeting held on or about December 13, 1995, GARY CURTIS BAUER displayed portions of an M-17/M-24 type rocket that he was building to FINIS HOWAXD WALKER, RANDY LYNNE NELSON, DAVID WAYNE BELLIVEAU and other persons known and unknown to the Grand Jury for the purpose of training persons in the making and use of explosive devices for use in obstructing the federal government. GARY CURTIS BAUER advised that black powder was the preferred propellant and discussed the technical aspects of propulsion of the rocket. GARY CURTIS BAUER then assisted the same persons with the examination of a piece of live detonation cord for the purpose of familiarization. 4.On or about January 18, 1996, RANDY LYNNE NELSON, FINIS HOWARD WALKER, GARY CURTIS BAUER, DAVID WAYNE BELLIVEAU, ELLENN ADELLA BELLIVEAU, DEAN CARL PLEASANT and other persons known and unknown to the Grand Jury attended another group meeting. A A portion of the meeting was devoted to a previously expressedd concern by members of the group that only GARY CURTIS BAUER, FINIS HOWARD WALKER and RANDY LYNNE NELSON had proficient knowledge of explosive materials and destructive devices. Therefore, one of the purposes of this meeting and future meetings would be to present more hands-on training in explosive devices. In response to this desire for additional training, GARY CURTIS BAUER displayed portions of a rocket that he was in the process of designing. The rocket was approximately 12 to 16 inches in length, one and one half inches in diameter, had a light-weight aluminum tail, a body made of "PVC" pipe, and a wooden nose cone that could be armed with a non-electric blasting cap. GARY CURTIS BAUER advised that the rocket could carry one-half pound of explosives, be fired from AR-15/M-16 type rifles, had a range of 500 yards, and could "take out a police car." In the course of the training, GARY CURTIS BAUER also advised all persons present how explosives were the only way way to take out armored vehicles in an upcoming war with the government and that the group, therefore, needed such explosives capabilities. 5.On or about January 24, l996, RANDY LYNNE NELSON, FINIS HOWARD WALKER, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, GARY CURTIS BAUER and other persons known and unknown met for multiple purposes, lncluding the scheduling of upcoming explosives training with live explosive devices and to conduct further explosives training. During the meeting, FINIS HOWARD WALKER displayed to all persons present two bags of what he claimed to be homemade C-4, an explosive material, for the purpose of familiarization. FINIS HoWARD WALKER stated that the material would be used at the explosive devices training then scheduled for on or about January 27 and 28, 1996. 6.On or about January 27 and 28, 1996, RANDY LYNNE NELSON, FINIS HOWARD WALKER, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, GARY CURTIS BAUER, DEAN CARL PLEASANT and other persons known and unknown to the Grand Jury participated in explosives training exercises near the Sunrise Mine 1ocated approximately two miles south of Highway 60 and ten miles west of Wickenburg, Arizona. FINIS HOWARD WALKER transported the following materials to the training exercise: approximately 30 feet of detonation cord, one pound of black gun powder, two five gallon containers and two one pound canisters containing a mixture of ammonium nitrate, gunpowder, aluminum powder and nitromethane fuel. GARY CURTIS BAUER, FINIS HOWARD WALKER and RANDY LYNNE NELSON instructed all persons present in the preparation of explosive devices. Each student present, including DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU and DEAN CARL PLEASANT, prepared and detonated explosive devices consisting of photographic film canisters and soda cans containing ammonium nitrate, gun powder, aluminum powder, nitromethane fuel, and an ignition system. GARY CURTIS BAUER and FINIS HOWARD WALKER then detonated explosive devices contained in two five gallon plastic buckets containing a booster along with the same mixture of materials and components as the smaller devices previously detonated. The detonation of the larger devices created a crater approximately twelve feet in diameter. GARY CURTIS BAUER then demonstrated and fired the improvised mortar rocket that he had previously displayed as alleged in paragraph 5 above and incorporated by reference herein. The rocket contained an ignition system and propellant but no other explosive materials. The rocket traveled approximately 400 yards from the firing point. The purpose of the firing was to test the rocket's detonation system in order to assist in the construction of fully operational explosive devices. All of the persons present on or about January 27 and 28, 1996, except ELLEN ADELLA BELLIVEAU, took turns guarding the training exercise on that date. 7.On or about March 3, 1996, FINIS HOWARD WALKER and GARY CURTIS BAUER acquired 14 gallons of nitromethane, a component to be used in the construction of further explosive devices. 8.On or about March 14, 1996, FINIS HOWARD WALKER gave multiple photographs of the explosive training exercise previously conducted on or about January 27 and 28, 1996, as alleged in paragraph 7 above and incorporated by reference herein, to a person known to the Grand Jury with instructions that they be shredded. 9.On or about May 5, 1996, DAVID WAYNE BELLIVEAU, DEAN CARL PLEASANT, RANDY LYNNE NELSON and other persons known and unknown to the Grand Jury, met for multiple purposes, including the further planning the group's next explosives training exercise and to discuss obtaining additional intelligence concerning federal law enforcement officers. In particular, RANDY LYNNE NELSON advised all persons present that he had spoken to an unidentified lndividual who allegedly had access to a stolen computer disc containing the names and address of federal agents. DAVID WAYNE BELLIVEAU and RANDY LYNNE NELSON stated that the qroup should attempt to acquire a copy of the disc. 10.On or about May 9, 1996, RANDY LYNNE NELSON, GARY CURTIS BAUER, DEAN CARL PLEASANT, DAVID WAYNE BELLIVEAU met for multiple purposes, including to discuss the next explosives training exercise scheduled for on or about May ll, 1996, and to conduct further training relating to the construction of explosive devices. DEAN CARL PLEASANT brought approximately 40 pounds of ammonium nitrate with him to the meeting. After discussing the upcoming training exercise, RANDY LYNNE NELSON and DEAN CARL PLEASANT demonstrated to other persons known and unknown to the Grand Jury, how to grind ammonium nitrate with an electric coffee grinder. 11.On or about May 11, 1996, RANDY LYNNE NELSON, GARY CURTIS BAUER, DAVID WAYNE BELLIVEAU, DEAN CARL PLEASANT and other persons known and unknown to the Grand Jury, participated in an explosives training exercise near Wickenburg, Arizona. RANDY LYNNE NELSON transported approximately 12 pounds of ground ammonium nitrate to the training exercise in his vehicle. During the training, RANDY LYNNE NELSON demonstrated a "dry" mixture of ammonium nitrate, smokeless gun powder, and aluminum powder that could be used to construct explosive devices. Approximately four 1 pound destructive devices and one 7 to 8 pound destructive device were then assembled and detonated by persons present including RANDY LYNNE NELSON. 12.On or about May 20, l996, GARY CURTIS BAUER possessed a 55 gallon drum and a 15 gallon container which contained nitromethane and approximately six to eight 40 to 50 pound bags of ammonium nitrate at his residence. 13.On or about June 8, 1996, GARY CURTIS BAUER, FINIS HOWARD WALKER and other persons known and unknown to the Grand Jury, returned to the explosives training site previously used as alleged in paragraph 12 above and incorporated by reference herein. GARY CURTIS BAUER proceeded to experiment With multiple variations of the ammonium nitrate mixture previously used on or about May 11, l996. GARY CURTIS BAUER also placed another explosive device, contained in a five gallon pail, in the same crater he had made on or about January 27 and 28, l996. GARY CURTIS BAUER then detonated the device which substantially enlarged the original. All in violation of Title 18, United States Code, section 371. Count 2 Commencing on or about a date unknown to the Grand Jury, but at least by on or about May 30, 1994 and continuing to June 27, 1996, defendants RANDY LYNNE NELSON, FINIS HOWARD WALKER, DEAN CARL PLEASANT, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, and GARY CURTIS BAUER, taught and demonstrated to each other and other persons the use, application and making of firearms, explosives, incendiary devices and techniques capable of causing injury or death to persons, knowing and having reason to know and intending that the same would be unlawfully employed for use in, or in furtherance of, a civil disorder which could in any way, and degree, obstruct, delay and adversely affect the performance of any federally protected function. In violation of Title 18, United States Code, Section 231 (a) (1). Count 3 Beginning on a date unknown to the Grand Jury, but at least on or about May 30, 1994 and continuing up to and including on or about June 27, 1996, in the District of Arizona, defendants RANDY LYNNE NELSON, FINIS HOWARD WALKER, DEAN CARL PLEASANT, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, GARY CURTIS BAUER, CHARLES FRANKLIN KNIGHT, HENRY ALFRED OVERTURF, WALTER EARL SANVILLE, SCOTT JEFFERY SHERO, DONNA STAR WILLIAMS, CHRISTOPHER ALAN FLOYD, and other persons known and unknown to the Grand Jury did knowingly and intentionally combine, conspire, confederate and agree together to make firearms, that is destructive devices, in violation of the provisions of Title 26, United States Code, Chapter 53, in violation of Title 26, United States Code, Section 5861(f), and to receive and possess firearms, that is destructive devices, which are not registered to them in the National Registration and Transfer Record in violation of Title 26, United States Code, Section 586l(d). OVERT ACTS In furtherance of the conspiracy, and to effect the objects of the conspiracy thereof, the defendants and other persons known and unknown to the Grand Jury, committed, and caused to be committed, the following overt acts all within the District of Arizona. 1.On or about December 13, 1995, FINIS HOWARD WALKER, RANDY LYNNE NELSON, GARY CURTIS BAUER, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, WALTER E. SANVILLE, CHRISTOPHER ALAN FLOYD, and other persons known and unknown to the Grand Jury met and viewed a video tape demonstrating the making and use of destructive devices. The video tape had previously been prepared by FINIS HOWARD WALKER of a destructive device exercise conducted on or about November 11, l995, by members of the conspiracy. The exercise was attended by FINIS HOWARD WALKER, RANDY LYNNE NELSON, DEAN CARL PLEASANT, DAVID WAYNE BELLIVEAU, GARY CURTIS BAUER, CHARLES FRANKLIN KNIGHT, DONNA STAR WILLIAMS, WALTER EARL SANVILLE, CHRISTOPHER ALAN FLOYD, SCOTT JEFFERY SHERO, and other persons known and unknown to the Grand Jury. The exercise consisted of the detonation of multiple destructive devices which ultimately created a crater in open land approximately 6 feet in diameter and 3 feet deep. The exercise also included DEAN CARL PLEASANT discharging an unarmed M-16 type rifle grenade which then travelled approximately 1OO feet. 2.Later during the same meeting held on or about December 13, l995, GARY CURTIS BAUER displayed portions of an M-17/M-24 type rocket that he was building to FINIS HOWARD WALKER, RANDY LYNNE NELSON, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, CHRISTOPHER ALAN FLOYD and WALTER EARL SANVILLE and other persons known and unknown to the Grand Jury for the purpose of training persons in the making and use of destructive devices. GARY CURTIS BAUER advised that black powder was the preferred propellant and discussed the technical aspects of propulsion of the rocket. WALTER EARL SANVILLE passed a piece of detonation cord around to each member of the group for the purpose of familiarization, GARY CURTIS BAUER assisted with the examination of the detonation cord. 3.On or about January 18, 1996, RANDY LYNNE NELSON, FINIS HOWARD WALKER, GARY CURTIS BAUER, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, DEAN CARL PLEASANT, WALTER EARL SANVILLE, HENRY ALFRED OVERTURF, SCOTT JEFFERY SHERO, CHARLES FRANKLIN KNIGHT, DONNA STAR WILLIAMS, CHRISTOPHER ALAN FLOYD and other persons known and unknown to the Grand Jury, attended another group meeting. A portion of the meeting was devoted to a previously expressed concern by members of the group that only GARY CURTIS BAUER, FINIS HOWARD WALKER and RANDY LYNNE NELSON had proficient knowledge of explosive materials and destructive devices. Therefore, one of the purposes of this meeting and future meetings would be to present more hands-on training in explosive devices for use in resisting the federal government. In response to this desire for additional training, GARY CURTIS BAUER displayed portions of a rocket that he was in the process of designing. The rocket was approximately 12 to 16 inches in length, one and one half inches in diameter, had a light-weight aluminum tail, a body made of "PVC" pipe, and a wooden nose cone that could be armed with a non-electric blasting cap. GARY CURTIS BAUER advised that the rocket could carry one-half pound of explosive materials, be fired from AR-15/M-16 type rifles, had a range of 500 yards, and could "take out a police car." 4.On or about January 24, 1996, RANDY LYNNE NELSON, FINIS HOWARD WALKER, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, GARY CURTIS BAUER, CHARLES FRANKLIN KNIGHT, DONNA STAR WILLIAMS, WALTER EARL SANVILLE, CHRISTOPHER ALAN FLOYD, SCOTT JEFFERY SHERO and othor persons known and unknown to the Grand Jury, met for multiple purposes, including the scheduling of explosives training with live destructive devices and to conduct further destructive device training. During the meeting, FINIS HOWARD WALKER displayed to all persons present two bags of what he claimed to be homemade C-4 for the purpose of familiarization. FINIS HOWARD WALKER stated that the material would be used at the explosive training then scheduled for on or about January 27 and 28, 1996. 5.On or about January 27 and 28, 1996, RANDY LYNNE NELSON, FINIS HOWARD WALKER, DAVID WAYNE BELLIVEAU, ELLEN ADELLA BELLIVEAU, GARY CURTIS BAUER, DEAN CARL PLEASANT, CHARLES FRANKLIN KNIGHT, DONNA STAR WILLIAMS, WALTER EARL SANVILLE, SCOTT JEFFERY SHERO, CHRISTOPHER ALAN FLOYD and other persons known and unknown to the Grand Jury participated in explosives training exercises near the Sunrise Mine located approximately two miles south of Highway 60 and ten miles west of Wickenburg, Arizona . FINIS HOWARD WALKER transported the following materials to the training exercise: approximately 30 feet of detonation cord, one pound of black gun powder, two five gallon containers and two one pound canisters containing explosive materials consisting of a mixture of ammonium nitrate, gunpowder, aluminum powder and nitromethane fuel. CHARLES FRANKLIN KNIGHT assigned mandatory sentry duty for all members present except ELLEN ADELLA BELLIVEAU who prepared meals for the members during the training. GARY CURTIS BAUER, FINIS HOWARD WALKER and RANDY LYNNE NELSON instructed all persons present in the making of destructive devices. Each student present, prepared and detonated unregistered destructive devices consisting of photographic film canisters and soda cans containing ammonium nitrate, gun powder, aluminum powder, nitromethane fuel, and an ignition system. GARY CURTIS BAUER and FINIS HOWARD WALKER then made, possessed and detonated unregistered destructive devices consisting of two five gallon plastic buckets containing a booster along with the same mixture of explosive materials and components contained in the smaller devices previously detonated by the members present. The detonation of the larger unregistered destructive devices created a crater approximately five to six feet deep and twelve feet in diameter. GARY CURTIS BAUER then demonstrated and fired the improvised mortar rocket that he had previously displayed as alleged in paragraph 5 above and incorporated by reference herein. The rocket contained an ignition system and propellant but no other explosive materials. The rocket traveled approximately 400 yards from the firing point. The purpose of the firing was to test the rocket's detonation system in order to assist in the making of additiona1 destructive devices. 6.On or about March 3, 1996, FINIS HOWARD WALKER and CARY CURTIS BAUER acquired 14 gallons of nitromethane, a component to be used in the construction of further destructive devices. 7.On or about March 6, 1996, FINIS HOWARD WALKER, RANDY LYNNE NELSON, WALTER EARL SANVILLE, GARY CURTIS BAUER, CHARLES FRANKLIN KNIGHT, DONNA STAR WILLIAMS, SCOTT JEFFERY SHERO, DAVID WAYNE BELLIVEAU and others known and unknown to the Grand Jury, met for the purpose of collectively deciding on an emergency rally point, a non-emergency rally point and "ambush" location the group would use if any of the members were being followed. The group then drove and inspected several sites. Sites for all three purposes were selected by the group before the end of the evening. 8.On or about March 14, 1996, FINIS HOWARD WALKER gave multiple photographs of the explosive training exercise previously conducted on or about January 27 and 28, 1996, alleged in paragraph 7 above and incorporated by reference herein, to a person known to the Grand Jury with instructions that they be shredded. 9.On or about May 1, 1996, GARY CURTIS BAUER, RANDY LYNNE NELSON, DEAN CARL PLEASANT, WALTER EARL SANVILLE, SCOTT JEFFERY SHERO, CHARLES FRANKLIN KNIGHT, DONNA STAR WILLIAMS and DAVID WAYNE BELLIVEAU and other persons known and unknown to the Grand Jury, met for multiple purposes, including to discuss the next training exercise involving the making of destructive devices. During the course of the meeting, an inventory of the group's current stores of ammonium nitrate was taken. GARY CURTIS BAUER responded that he currently possessed 1500 pounds of the material and RANDY LYNNE NELSON stated that he currently possessed approximately 200 pounds of the material. 10.On or about May 9, 1996, RANDY LYNNE NELSON, GARY CURTIS BAUER, DEAN CARL PLEASANT, DAVID WAYNE BELLIVEAU, SCOTT JEFFERY SHERO, HENRY ALFRED OVERTURF, CHARLES FRANKLIN KNIGHT, DONNA STAR WILLIAMS, WALTER EARL SANVILLE and other persons known and unknown to the Grand Jury, met for multiple purposes, including to further discuss the next destructive device training exercise scheduled for on or about May 11, l996, and to conduct further training relating to the construction of destructive devices. DEAN CARL PLEASANT brought approximately 40 pounds of ammonium nitrate with him to the meeting. After discussing the upcoming training exercise, RANDY LYNNE NELSON and DEAN CARL PLEASANT demonstrated to other persons known and unknown to the Grand Jury, how to grind ammonium nitrate with an electric coffee grinder. 11.On or about May 11, 1996, RANDY LYNNE NELSON, GARY CURTIS BAUER, DAVID WAYNE BELLIVEAU, DEAN CARL PLEASANT, WALTER EARL SANVILLE, HENRY ALFRED OVERTURF, SCOTT JEFFERY SHERO, CHARLES FRANKLIN KNIGHT and other persons known and unknown to the Grand Jury, participated in another destructive device training exercise near Wickenburg, Arizona. RANDY LYNNE NELSON transported approximately 12 pounds of ground ammonium nitrate to the training exercise in his vehicle. During the training, RANDY LYNNE NELSON demonstrated a "dry" mixture of ammonium nitrate, smokeless gun powder, and aluminum powder that could be used to construct destructive devices along with a container and an ignition system. Approximately four 1 pound unregistered destructive devices and one 7 to 8 pound unregistered destructive device were then assembled and detonated. RANDY LYNNE NELSON supervised the making of each of the 1 pound devices and HENRY ALFRED OVERTURF made at least one of the 1 pound devices. 12.On or about May 20, l996, GARY CURTIS BAUER possessed a 55 gallon drum and a 15 gallon drum which contained nitromethane and approximately six to eight 40 to 50 pound bags of ammonium nitrate at his residence. 13.On or about June 8, 1996, GARY CURTIS BAUER, FINIS H0WARD WALKER and other persons known and unknown to the Grand Jury, returned to the explosives training site previously used as alleged in paragraph 12 above and incorporated by reference herein. GARY CURTIS BAUER proceeded to experiment with multiple variations of the ammonium nitrate mixture previously used on or about May 11, 1996. GARY CURTIS BAUER also placed another destructive device, contained in a five gallon pail, in the same crater he had made on or about January 27 and 28, 1996. GARY CURTIS BAUER then detonated the device which substantially enlarged the original crater. All in violation of Title 18, United States Code, Section 371. Count 4 On or about January 4, 1996 and continuing to on or about June 27, l996, in the District of Arizona, defendant RANDY LYNNE NELSON, knowingly and unlawfully possessed one (1) Browning, Model 1919, .30 caliber, full-automatic rifle, a machinegun as defined in Title 18, United States Code, Section 921(a)(23), and Title 26, United States Code, Section 5845(b). In violation of Title 18, United States Code, Sections 922 (o) and 924(a)(2). Count 5 On or about January 27, 1996 and continuing to on or about June 27, l996, in the District of Arizona, defendant, DEAN CARL PLEASANT, knowingly and unlawfully possessed one (1) Thompson, .45 caliber, full-automatic rifle, a machinegun as defined in Title 18, United States code, Section 921(a)(23) and Title 26, United States Code, Section 5845(b). In violation of Title 26, United States Code, sections 922(o) and 924(a)(2). Count 6 On or about February 22, l996, and continuing to on or about June 27, 1996, in the District of Arizona, defendant RANDY LYNNE NELSON, knowingly and unlawfully possessed one (1) .223 caliber, Colt AR-l5 type, full-automatic rifle, a machinegun as defined in Title 18, United States Code, Section 921(a)(23) and Title 26, United States Code, Section 5845(b) In violation of Title 26, United States Code, Sections 922(o) and 924(a)(2). Count 7 On or about May 11, 1996, and continuing to on or about June 27, 1996, in the District of Arizona, defendant GARY CURTIS BAUER, knowingly and unlawfully possessed one (1) SKS Type, 7.62 x 39mm caliber, full-automatic rifle, a machinegun as defined in Title 18, United States Code, Section 92l(a)(23) and Title 26, United States Code, Section 5845(b). In violation of Title 26, United States Code, Sections 922 (o) and 924(a)(2). A TRUE BILL BETTY J. TEAGUE (signature) Foreperson of the Grand Jury Date: June 27, 1996 JANET NAPOLITANO United States Attorney District of Arizona THOMAS P. HANNIS Chief, Criminal Section FREDERICK A. BATTISTA (signature) Assistant U.S. Attorney