USA Vs Brandon Russell

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Case 8:17-mj-01362-TBM Document 1 Filed 05/20/17 Page 1 of 7 PagelD 1

AO 91 (Rev. 11 /11) Criminal Complaint

UNITED STATES DISTRICT COURT


for the
Middle District of Florida

United States of America


v.
BRANDON RUSSELL Case No.
:17 m)
-- l%,lrn^
Defendantts)

CRIMINAL COMPLAINT
I. the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of May 20, 2017 in the county of Hillsborough in the
Middle District of Florida the defendant(s) violated:

Code Section Offense Description


26 U.S.C. 5861(d) possession of unregistered destructive device; and
18U.S.C. 842G) unlawful storage of explosive material

This criminal complaint is based on these facts:


See attached affidavit

m Continued on the attached sheet.

/ ^ A
Complainant's signature

Timothy A. Swanson, Special Agent, FBI


Printed name and title

Sworn to before me and signed in my presence.

Date: ^ " "2^0 V "7


Judge '.v signature

City and state: / "^u/5. ^y) Thomas B. McCoun III, U.S. Magistrate Judge
Printed name and title
Case 8:17-mj-01362-TBM Document 1 Filed 05/20/17 Page 2 of 7 PagelD 2

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Timothy A. Swanson, being duly sworn, state as follows:

1. I have been employed as a Special Agent of the Federal Bureau of

Investigation for over 17 years. Prior to that, I was a Police Officer for 9 years

with the Fort Collins Police Department in Fort Collins, Colorado. Since

March 2017,1 have been assigned to the FBI Tampa Field Office on the

Domestic Terrorism squad. In my capacity as a Special Agent, I have

investigated multiple violations of federal law, including violent crimes,

domestic terrorism, international terrorism, and firearms and explosives

offenses. I have also participated on the hostage rescue team.

2. I submit this affidavit in support of a criminal complaint against

BRANDON RUSSELL. As set forth herein, I have probable cause to believe

that RUSSELL has committed a violation of 26 U.S.C. 5861(d) (possession

of an unregistered destructive device); and 18 U.S.C. 842(j) (unlawful

storage of explosive material).

3. The facts in this affidavit come from information obtained during the

course of a criminal investigation. The statements contained in this affidavit

are based on my own investigation of this matter, my training and experience,

and information learned and relayed to me by other law enforcement officers.

Because this affidavit is submitted for the limited purpose of establishing


Case 8:17-mj-01362-TBM Document 1 Filed 05/20/17 Page 3 of 7 PagelD 3

probable cause for a criminal complaint, it does not include all information I

have learned during this investigation.

PROBABLE CAUSE

4. On or about May 19,2017, the Tampa Police Department (TPD)

arrested 18-year old Devin Arthurs after he confessed to killing two people at a

Tampa, Florida apartment where Arthurs lived with RUSSELL. Arthurs led

TPD officers to the apartment in Tampa Palms where he claimed to have

killed two individuals inside the residence. The apartment is leased by

RUSSELL.

5. When officers arrived at the apartment, they encountered RUSSELL

standing just outside the front door. RUSSELL had just returned to the

residence from Army National Guard duties. RUSSELL was crying and

visibly upset. Arthurs, who was with officers when they arrived at the

apartment, stated that RUSSELL was his roommate and that RUSSELL did

not know what was going on, referring to the two deceased individuals inside.

6. Based on Arthurs' statements, officers entered the apartment and

located two deceased, unidentified white males, who had suffered gunshot

wounds to the upper body and head.

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Case 8:17-mj-01362-TBM Document 1 Filed 05/20/17 Page 4 of 7 PagelD 4

7. Yost-Miranda, Arthurs voluntarily agreed to speak with law enforcement

and fully admitted to the shooting death of both men in the apartment,

providing specific details of the shooting, the weapon he used, the sequence of

the targeting, the exact location of the shooting, and the shot placement on

each victim.

8. Arthurs stated that all four men, the two deceased individuals as well as

he and RUSSELL, had been friends who shared a common neo-Nazi belief,

until Arthurs recently converted to Islam. Arthurs stated that for some time

before the murders, he had been privy to RUSSELL participating in online

neo-Nazi internet chat rooms where he threatened to kill people and bomb

infrastructure.

9. TPD obtained a state search warrant for the residence. Upon search of

the garage area of the apartment (which is attached to and immediately

underneath the living quarters), law enforcement discovered a cooler

containing a white cake-like substance that two FBI and TPD bomb squad

technicians immediately recognized through their training and experience as

HMTD (an explosive also known as hexamethylene triperoxide diamine).

Within a short distance of the HMTD were explosive precursors including

potassium chlorate, potassium nitrate, more than one pound of ammonium

nitrate (which was in a package addressed to RUSSELL), nitro methane,

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Case 8:17-mj-01362-TBM Document 1 Filed 05/20/17 Page 5 of 7 PagelD 5

hexamine, and citric acid, among other things. Also discovered within a short

distance of the HMTD were electric matches and empty 5.56 caliber

ammunition casings with fuses that could be used to detonate destructive

devices once the HMTD was combined with the casing. Based on my training

and experience, I know that the HMTD found in the garage combined with

the amount of ammonium nitrate and nitro methane also found in the garage

would constitute a "bomb" under 26 U.S.C. 5845(f)(1).

10. Inside the residence, specifically in RUSSELL's bedroom, officers

located Nazi/white supremacist propaganda, including a framed photograph

of Oklahoma City-federal-building bomber Timothy McVeigh on his dresser,

firearms, and ammunition. Additionally, upon entry into the premises by the

bomb technicians, their pagers alerted to what was determined to be two

radiation sources (thorium and americium).

11. RUSSELL voluntarily provided the following statements to law

enforcement before asking for an attorney. RUSSELL admitted to being a

national socialist. RUSSELL admitted that he had manufactured the HMTD

that was located in the garage (and that it was HMTD), and that he was the

owner of the precursors. RUSSELL also admitted to his neo-Nazi beliefs and

that he was a member of a self-organized group called the "Atom Waffen"

(German for "atomic weapon"). When questioned about the purpose for

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Case 8:17-mj-01362-TBM Document 1 Filed 05/20/17 Page 6 of 7 PagelD 6

possessing the explosives in the garage, he responded that he was in an

engineering club at the University of South Florida in 2013 and that he used

the HMTD to boost homemade rockets and to send balloons into the

atmosphere for testing, among other things. Based on my training and

experience, HMTD is too energetic and volatile for these types of uses.

RUSSELL stated that he made the HMTD over a year ago.

12. On or about May 20, 2017,1 received verbal confirmation from ATF

Explosive Enforcement Officer Kevin Miner that the HMTD recovered from

the garage is an "explosive" and when combined with the other chemicals and

materials found in the garage meets the definition of a "destructive device"

under 26 U.S.C. 5845(f). Further, based on RUSSELL's admission that he

made the HMTD and the presence of the other chemical precursors in the

garage, probable cause exists that RUSSELL had a combination of parts

designed or intended to be used to readily assemble a destructive device.

13. Moreover, under the regulations promulgated by the Attorney General

through ATF, see 27 C.F.R. 555.201, et seq., and the laws and ordinances of

Hillsborough County, Florida, HMTD is an explosive material that could not

lawfully be stored in RUSSELL's garage or residence.

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Case 8:17-mj-01362-TBM Document 1 Filed 05/20/17 Page 7 of 7 PagelD 7

14. On May 20, 2017,1 received a verbal confirmation from ATF

that a preliminary records search shows no registration of any destructive

devices by RUSSELL in the National Firearms Registration and Transfer

Record as required by Title 26, United States Code.

15. Wherefore, I have probable cause to believe that BRANDON

RUSSELL has committed violations of federal law, namely 26 U.S.C.

5861(d) and 18 U.S.C. 842(j). Accordingly, I respectfully request the

issuance of a criminal complaint against RUSSELL.

This completes my affidavit.

Timothy A. Swanson, Special Agent


Federal Bureau of Investigation

Sworn to and subscribed


before me this ^ 5 ^ day
of May, 2017.

THOMAS B. MCCOUN III


UNITED STATES MAGISTRATE JUDGE

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