Tweet
COMPLAINT
| United States District Court | DISTRICT OF ARIZONA |
| United States of America
v JARED LEE LOUGHNER DOB: xx/xx/1988; United States Citizen |
DOCKET NO. |
| MAGISTRATE’S CASE NO. 11-0035M |
|
| Complaint for violation of Title 18 United States Code 351(c); Title 18 United States Code 1114 and 1111; and Title 18 United States Code 1114 and 1113 | |
| COMPLAINTANT’S STATEMENT OF FACTS CONSTITUTING THE OFFENSE OR VIOLATION:
On or about January 8, 2011, at or near Tucson, in the District of Arizona, the defendant, JARED LEE LOUGHNER, did attempt to kill Gabrielle Giffords, a Member of Congress; in violation of Title 18, United States Code Section 351(c). COUNT 2 On or about January 8, 2011, at or near Tucson, in the District of Arizona, the defendant, JARED LEE LOUGHNER, did unlawfully kill Gabriel Zimmerman, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1111. COUNT 3 On or about January 8, 2011, at or near Tucson, in the District of Arizona, the defendant, JARED LEE LOUGHNER, did unlawfully kill John M. Roll, a United States District Court Judge for the District of Arizona, an employee of the United States who was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1111. COUNT 4 On or about January 8, 2011, at or near Tucson, in the District of Arizona, the defendant, JARED LEE LOUGHNER, did, with intent to kill, attempt to kill Pamela Simon, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1113. COUNT 5 On or about January 8, 2011, at or near Tucson, in the District of Arizona, the defendant, JARED LEE LOUGHNER, did, with intent to kill, attempt to kill Ron Barber, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1113. |
|
| BASIS OF COMPLAINANT’S CHARGE AGAINST THE ACCUSED:
(See Attached Statement of Probable Cause, which is incorporated herein.) |
|
| DETENTION REQUESTED
Being duly sworn, I declare that the foregoing is true and correct to the best of my knowledge. |
SIGNATURE OF COMPLAINANT (official title) |
| OFFICIAL TITLE SPECIAL AGENT, BUREAU OF INVESTIGATION |
|
| Sworn to before me and subscribed in my presence. | |
| SIGNATURE OF UNITED STATES MAGISTRATE JUDGE
Michelle Burns |
DATE January 9, 2011 |
| 1) See Fed. R. Crim. P. 1 and e COMPLAINT REVIEWED by United States Attorney Dennis K. Burke |
|
|
STATEMENT OF PROBABLE CAUSE: Your affiant, Tony M. Taylor Jr., Special Agent of the Federal Bureau of Investigation (FBI), being duly sworn, deposes and says: 1) I have been a Special Agent (SA) of the Federal Bureau of Investigation since November, 1997. I am currently assigned to investigations involving violent crimes and other violations of federal law. I make this affidavit in support of a complaint against JARED LEE LOUGHNER for violations of Count 1, Attempted Assassination of a Member of Congress; in violation of Title 18, United States Code Section 351(c); Counts 2 and 3, Killing of an Officer and Employee of the United States, in violation of Title 18, United States Code, Sections 1114 and 1111; and Counts 4 and 5, Attempted Killing of an Officer and Employee of the United States, in violation of Title 18, United States Code, Sections 1114 and 1113. 2) On or about January 8, 2011, in Tucson, Arizona, Congresswoman Gabrielle Giffords hosted a pre-announced event entitled “Congress on Your Corner,” at a Safeway store at 7170 N. Oracle Road. Congresswoman Giffords represents the Eighth Congressional District in Southern Arizona. The office of Congresswoman Giffords had publicized the event in advance, including by e-mail and telephonic announcements. Your affiant states that Congresswoman Giffords’ staff at the event included Gabriel Zimmerman, Ron Barber, and Pamela Simon, who are employees of the United States, all of whom attended to assist Congresswoman Giffords in her official duties. On January 9, 2011, your affiant spoke with U.S. Marshal David Gonzales, who stated that the Honorable John M. Roll, Chief Judge of The United States District Court for the District of Arizona, had worked with Congresswoman Giffords within the last several months to resolve issues related to the volume of cases file din the District of Arizona. Judge Roll was notified about Congresswoman Giffords’ event telephonically on or about January 7, 2011. Having spoken to Pia Carusone, the Chief of Staff for Congresswoman Giffords in Washington D.C., U.S. Marshal Gonzales reports that Ron Barber, a staff person for Congresswoman Giffords who was present at the event, stated that Judge Roll attended the event and sought to speak to Congresswoman Giffords, and spoke with Mr. Barber about issues related to the volume of federal cases in the District of Arizona; Judge Roll expressed his appreciation to Mr. Barber for the help and support that Congresswoman Giffords had given. Your affiant reviewed a digital surveillance video depicting the events at the Safeway; in the video, Judge Roll is seen speaking for several minutes with Mr. Barber. 3) Based on my review of the video and other investigation, your affiant states that at approximately 10:11 a.m. on January 8, 2011, JARED LEE LOUGHNER shot Member of Congress Gabrielle Giffords; Gabriel Zimmerman, a member of Congresswoman Giffords’ staff; the Honorable John M. Roll, Chief Judge of the United States District Court for the District of Arizona; Pamela Simon, a member of Congresswoman Giffords’ staff; and Ron Barber, a member of Congresswoman Giffords’ staff, as well as approximately 14 additional individuals. Both Pamela Simon and Ron Barber were shot and seriously wounded by LOUGHNER. After being shot by LOUGHNER, Gabriel Zimmerman and Judge Roll died from their injuries, and Congresswoman Giffords was critically injured. In 4) LOUGHNER was apprehended at the scene after bystanders tackled and disarmed him. At the scene, law enforcement recovered the handgun used by LOUGHNER, a Glock semi-automatic pistol. The Bureau of Alcohol, Tobacco and Firearms (ATF) has determined that LOUGHNER purchased the Glock pistol, serial number PWL 699, on or about November 30, 2010, from Sportsman’s Warehouse in Tucson. In addition to the investigation conducted by ATF, LOUGHNER’s purchase of the weapon was corroborated by store receipts and video, among other evidence. 5) On January 8, 2011, a search warrant was executed at 7741 N. Soledad Avenue in Tucson Arizona, where LOUGHNER resides. Some of the evidence seized from that location included a letter in a safe, addressed to “Mr. Jared Loughney” [sic] at 7741 N. Soledad Avenue, from Congresswoman Giffords, on Congressional stationary, dated August 30, 2007, thanking him for attending a “Congress on your Corner” event at the Foothills Mall in Tucson. Also recovered in the safe was an envelope with handwriting on the envelope stating “I planned ahead” and My assassination” and the name “Giffords,” along with what appears to be LOUGHNER’s signature. 6) Based on the foregoing information, there is probable cause to believe that, in the District of Arizona, on or about January 8, 2011, JARED LEE LOUGHNER: 1) did attempt to kill Gabrielle Giffords, a Member of Congress, in violation of Title 18, United States Code Section 351 ©; 2) did unlawfully kill Gabriel Zimmerman, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties, in violation of Title 18, United States Code, Sections 1114 and 1111; 3) did unlawfully kill John M. Roll, a United States District Court Judge for the District of Arizona, an employee of the United States who was engaged in performance of official duties, in violation of title 18, United States Code, Sections 1114 and 1111; 4) did, with intent to kill, attempt to kill Pamela Simon, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties, in violation of Title 18, United States Code, Sections 1114 and 1113; and 5)did, with intent to kill, attempt to kill Ron Barber, an employee of the United States who was engaged in performance of official duties and who assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties, in violation of Title 18, United States Code, Sections 1114 and 1113. TONY M.TAYLOR, JR., SPECIAL AGENT Subscribed and sworn to before this 9th day of January, 2011 THE HONORABLE MICHELLE H. BURNS |
20 Comments
Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
I know the phrase “slam-dunk” is forever tainted but I can’t help but think the trial will be merely a formality.
I hope Sarah Palin and her hate profiteering ilk will be named in this federal complaint if and when additional charges are add.
Every criminal trial is about documenting the facts claimed and providing proof beyond a reasonable doubt. The facts seem irrefutable, though doubt remains whether Loughner has the mental capacity to defend himself and to have understood the consequences of his actions. It’s a trial of the government’s case, including whether it adhered to required processes, as much as it is of the defendant. The outcome seems obvious, but I hope the trial isn’t a slamdunk.
From a purely procedural standpoint, one has to think that unless Loughner quickly pleads guilty to all counts, the case will have to be moved elsewhere, if for no other reason than all of the federal judges and magistrate judges in the District of Arizona would feel compelled to recuse themselves as the killing of their colleague is involved. The last thing anyone would want here is for a conviction to be challenged on grounds of possible bias involving the courts or the USAO.
There will also doubtless be at least one amended complaint to incorporate further details (particularly with respect to the involvement of the second suspect) as soon as they are unearthed.
Yeah bmaz has been talking about that. Which is why he didn’t want it bigfooted by the Feds, but rather handled at the state level.
Right, when that federal judge in Atlanta got busted in a drug deal with his stripper girlfriend (now that’s a screenplay), they had to fly in prosecutors and judge from out of state to handle the case. Every federal prosecutor and judge in Georgia had recused themselves. Though the judge here is the victim and not the defendant, the conflict situation is similar.
Multiple victims’ civil suits under “Joint and Several Liability” if it can be determined to a preponderance that he’d been exposed to her inflammatory “crosshairs” and “reload” rhetoric shit.
FBI,found note by shooter mentioning Gifford,planning ahead,and the act
I don’t know how much you can make of that, since the authorities declined to detail the full note. I mean I could write a letter saying sadlyyes is someone I really admire because he/she shredded a fucking idiot troll who was screaming and doesn’t know how to use punctuation.
See what I mean? You see this all the time in criminal complaints and at trial it turns out to be something completely different.
Many on the Right are complaining that we on the Left are “taking advantage” of this tragedy to rail against the Right’s repeated calls for violence.
The Right is right!
And I, for one, make no apology for “taking advantage” of this tragedy to rail against the Right’s repeated calls for violence.
In fact, I would find it personally abhorent not to condemn the Right’s propensity for recommending violence as the means to “solve problems”.
Promoting a culture of violence sustains violence in that culture.
It is not something I will tolerate, and I make no apologies for voicing my opinion against it.
Sarah Palin, you owe the American people some answers!
“Should they reload now Sarah?”
“Who is your next target now Sarah?”
Here’s my quick little Photoshop contribution to the fray.
Pay it forward.
From Ben Smith of Politico earlier today:
And putting paid to those lies, from a post over at DKos, Sarah herself admits the truth:
Flashback 2008: Sarah Palin blamed by the US Secret Service over death threats against Barack Obama
http://www.telegraph.co.uk/news/worldnews/northamerica/…
By Tim Shipman in Washington 2:01PM GMT 08 Nov 2008
The Republican vice presidential candidate attracted criticism for accusing Mr Obama of “palling around with terrorists”, citing his association with the sixties radical William Ayers.
The attacks provoked a near lynch mob atmosphere at her rallies, with supporters yelling “terrorist” and “kill him” until the McCain campaign ordered her to tone down the rhetoric.
But it has now emerged that her demagogic tone may have unintentionally encouraged white supremacists to go even further.
The Secret Service warned the Obama family in mid October that they had seen a dramatic increase in the number of threats against the Democratic candidate, coinciding with Mrs Palin’s attacks.
Since he has invoked his 5th amendment rights and now has the Unabomber lawyer, it is unlikely he will simply plead, but the evidence is so plain and concrete, hard to see what kind of argument they’d make except something to mitigate his conditions or sentence.
As it is unclear about who this person really is and more info is coming in, you might be very preliminary in your evaluation. Unless you think that a left winger would listen seriously to anything Sara Palin says.
Once the info comes in and is clear, let the chips fall where they may. But, until then, I’d reserve judgment.
He lists his favorite books as the Communist Manifesto and Mein Kampf, which could go either way. Most who have had contact with him say he is unstable, so that seems fairly certain. Some have described right leaning attributes to him. Some who knew him say he was quite left wing. He doesn’t look like a right winger in his photos, but, then, that doesn’t count for too much.
Lastly, he attacked a Congressperson whose positions have much more in common with me than most FDL members. There are many other more liberal Arizona Congresspersons he could have attacked rather than a conservative Democrat.
And, I’ve seen a lot of harsh statements against Blue Dog Democrats (a term Giffords used to describe herself) here.
There is much more to this story likely to come to the surface.
Cregan, his book list, at least, the one that was up on the YouTube clip, included not just Mein Kampf and The Communist Manifesto, but also Homer’s “The Odyssey”, “To Kill a Mockingbird”, and some of Geoge Orwell’s writing. You’re politicizing the list (admittedly, with no particular bias) to just talk about those two books.
And, you’re right, there has been a lot of criticism of conservative democrats on here, and my 2c, there’s going to be some more. :o)
But I won’t be drawing cross-hairs on their districts…
I won’t be threatening to protect my first amendment rights by using my SECOND amendment rights on them…
I won’t be putting up their home addresses…
In short, I will be talking about the political issues and the fact that I think that, on a lot of those issues, they’re as wrong as two left feet, and I’ll be talking about the need to remove them from office by defeating them at the ballot box, not by shooting them or physically threatening them.
In fact, that kind of “activism” is all I’ve seen on here. Jane and her threaders wouldn’t tolerate the kind of brown-shirt bullying that is so prevalent form the right these days.
He shot a Democrat, a Democrat’s aides and a judge under protection from death threats.
So liberal of him. And of all of the others like him.
Conservative bloggers have been promoting a false rumor that Loughner is a registered Democrat. However, Fox News obtained a DHS memo on Loughner that says he was influenced by a white supremacist/anti-immigrant group named American Renaissance. American Renaissance denies that Loughner was a member, and he may not have been, but he mentioned the group in several of his Internet posts.
There are no credible reports on whether Loughner was even registered to vote, but he sounds more like a Republican than a Democrat.
http://www.businessinsider.com/alleged-az-shooter-may-have-links-to-pro-white-racist-organization-2011-1
I have now uncovered an article from the Arizona Daily Sun that says Loughner first registered to vote in 2006 and registered as an independent. He last voted in the 2008 general election. This is according to Chris Roads the registrar of voters.
http://www.azdailysun.com/news/local/state-and-regional/article_663d67a8-0e82-569b-a2fe-46306174e1fe.html
http://www.azdailysun.com/news/local/state-and-regional/article_663d67a8-0e82-569b-a2fe-46306174e1fe.html
The above is the link to the Arizona Daily Sun article I mentioned in post 19.