I am reproducing the complaint by the US on Boston Bombing and the charges against Dhzokhar Tsarnaev .
Read the Complaint.
The Boston bombing suspect captured Friday was charged with using a weapon of mass destruction against persons and property in the U.S. resulting in death.
With the accused in serious condition, Dzhokhar Tsarnaev’s initial court appearance was conducted today by a federal magistrate judge in his hospital room.
Officials legally had 72 hours to charge him following his arrest.
Gary H. Wente, circuit executive for the federal courts in the First Circuit, confirmed the rumored bedside arraignment to the Globe Monday afternoon.
Reports indicate that Tsarnaev is conscious and has even responded to some questions in writing, however the extent of his injuries remains unclear.
Equally unknown is what he was asked or how he answered.
In any case, Dzhokhar Tsarnaev also faces the charge of malicious destruction of property by means of an explosive device resulting in death.
Three people were killed and more than 170 were hurt, many severely, in last week’s dual blasts near the finish line of the annual Boston Marathon.
The charges carry the possibility of the death penalty or life in prison for the 19-year-old, who remains at Beth Israel Deaconess Medical Center.
The federal public defender’s office has been assigned to Tsarnaev’s case.
That’s all on video captured by a local surveillance cameras, according to the criminal complaint filed Monday against the Dhzokhar Tsarnaev, the only surviving suspect in last week’s bombings, which killed three people and maimed more than two hundred others. The complaint lays out the government’s view of events, but it’s not proof of guilt, Tsarnaev’s culpability will be decided in court. The document charges Tsarnaev with using a weapon of mass destruction (federal law defines almost any explosive as WMD) and malicious destruction of property causing death. More charges could be forthcoming.Republican lawmakers had demanded that Tsarnaev, a naturalized American citizen, be held in indefinite military detention, the complaint affirms the Obama administration’s decision to keep Tsarnaev within the federal criminal justice system. It also upholds Obama’s promise not to put an American citizen in indefinite military detention. American citizens are not eligible to be tried by military commission, but more detainees at Gitmo have died than have been successfully tried in that system anyway.
The complaint goes into detail about how the police found the Tsarnaev brothers after they allegedly carried out the bombing. “Did you hear about the Boston explosion? I did that,” one of the brothers told a man they allegedly carjacked Thursday night, according to the complaint. The carjacking victim escaped while the brothers were shopping at a convenience store. The ensuing gunfight during which Dzhokhar’s brother Tamerlan was killed occurred when local Boston police located the stolen car, which, according to the complaint, contained two additional unexploded homemade bombs. Tsarnaev was found several hours later hiding in a boat in a Watertown backyard, with gunshot wounds to his neck, head, legs and hand.”
AFFIDAVIT OF SPECIAL AGENT
I, Daniel R. Genck, being duly sworn, depose and state:
1. I am a Special Agent with the Federal Bureau of Investigation (“FBI”) and have
been so employed since 2009. I am currently assigned to one of the Boston Field Office’s
Counter-terrorism Squads. Among other things, I am responsible for conducting national
security investigations of potential violations of federal criminal laws as a member of the Joint
Terrorism Task Force (“JTTF”). During my tenure as an agent, I have participated in numerous
national security investigations. I have received extensive training and experience in the conduct
of national security investigations, and those matters involving domestic and international
2. During my employment with the FBI, I have conducted and participated in many
investigations involving violations of United States laws relating to the provision of material
support to terrorism. I have participated in the execution of numerous federal search and arrest
warrants in such investigations. I have had extensive training in many methods used to commit
acts of terrorism contrary to United States law.
3. This affidavit is submitted in support of an application for a complaint charging
DZHOKHAR A. TSARNAEV of Cambridge, Massachusetts (“DZHOKHAR TSARNAEV”)
with using a weapon of mass destruction against persons and property at the Boston Marathon on
April 15, 2013, resulting in death. More specifically, I submit this affidavit in support of an
application for a complaint charging DZHOKHAR TSARNAEV with (1) unlawfully using and
conspiring to use a weapon of mass destruction (namely, an improvised explosive device) against
persons and property within the United States used in interstate and foreign commerce and in an
activity that affects interstate and foreign commerce, which offense and its results affected
Case 1:13-mj-02106-MBB Document 3-1 Filed 04/21/13 Page 1 of 10interstate and foreign commerce (including, but not limited to, the Boston Marathon, private
businesses in Eastern Massachusetts, and the City of Boston itself), resulting in death, in violation
of 18 U.S.c. § 2332a; and (2) maliciously damaging and destroying, by means of an explosive,
real and personal property used in interstate and foreign commerce and in an activity affecting
interstate and foreign commerce, resulting in personal injury and death, in violation of 18 U.S.C.
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