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Unsealed Complaint and Affidavit – U.S. v Dzhokhar Tsarnaev

Unsealed Complaint and Affidavit – U.S. v Dzhokhar Tsarnaev

” The pressure cookers also contained metallic BBs and nails.”

Criminal charges were filed against Boston Marathon Bomber Dzhokhar Tsarnaev.

While news reports indicate the Complaint and supporting Affidavit are sealed — a Magistrate Judge just granted a request to unseal those documents.

Here they are:

US v Tsarnaev - Complaint Charges

Interestingly, I don’t see any reference to the murder of the M.I.T. officer. So are we going to see state charges as well?

Here are key excerpts from the Affidavit:

14. …. Approximately 30 seconds before the first explosion, he lifts his phone to his ear as if he is speaking on his cell phone, and keeps it there for approximately 18 seconds. A few seconds after he finishes the call, the large crowd of people around him can be seen reacting to the first explosion. Virtually every head turns to the east (towards the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber Two, virtually alone among the individuals in front of the restaurant, appears calm. He glances to the east and then calmly but rapidly begins moving to the west, away from the direction of the finish line. He walks away without his knapsack, having left it on the ground where he had been standing. Approximately 10 seconds later, an explosion occurs in the location where Bomber Two had placed his knapsack.

19. Near midnight on April 18,2013, an individual carjacked a vehicle at gunpoint in Cambridge, Massachusetts. A victim of the carjacking was interviewed by law enforcement and provided the following information. The victim stated that while he was sitting in his car on a road in Cambridge, a man approached and tapped on his passenger-side window. When the victim rolled down the window, the man reached in, opened the door, and entered the victim’s vehicle. The man pointed a firearm at the victim and stated, “Did you hear about the Boston explosion?” and “I did that.” The man removed the magazine from his gun and showed the victim that it had a bullet in it, and then re-inserted the magazine. The man then stated, “I am serious.”

24. A preliminary examination of the remains of the explosive devices that were used at the Boston Marathon revealed that they were low-grade explosives that were housed in pressure cookers. Both pressure cookers were of the same brand. The pressure cookers also contained metallic BBs and nails. Many of the BBs were contained within an adhesive material. The explosives contained green-colored hobby fuse.

27. On April 21, 2013, the FBI searched DZHOKHAR TSARNAEV’s dormitory room at 7341 Pine Dale Hall at the University of Massachusetts at Dartmouth, pursuant to a search warrant. The FBI seized from his room, among other things, a large pyrotechnic, a black jacket and a white hat of the same general appearance as those worn by Bomber Two at the Boston Marathon on April 15, 2013, and BBs.

Complaint and Affidavit – United States v Dzhokhar Tsarnaev

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Comments

so no charging him with vehicular manslaughter for his brother also.
darn.
that would have been the icing on the cake 🙂

I like to see the justice system in action. The records were sealed due to the suspect being a minor, but with the severity of the crime, I’m sure they are going to try him as an adult. This is the first step in the process, and I’m glad to see that is working as intended (so far.)

    how is 19 a minor?

      Paul in reply to dmacleo. | April 22, 2013 at 3:15 pm

      Ah, I misread the birth date on the affidavit as 1998, not 1993. You can safely ignore my comments then 🙂

      But, as to your point about 19 being a minor, well, in terms of drinking age….

      Paul in reply to dmacleo. | April 22, 2013 at 3:17 pm

      Also, then, a question arises as to why the records were sealed in the first place, if the defendant is of age to begin with. Is there some sort of national security issue, or the fact that he wasn’t mirandized have something to do with it?

      Neo in reply to dmacleo. | April 22, 2013 at 3:38 pm

      He can’t drink .. but being a Muslim that shouldn’t matter

    Neo in reply to Paul. | April 22, 2013 at 3:37 pm

    Right-wing rocker Ted Nugent has taken to his column to call for the public hanging of Dzhokhar Tsarnaev, one of the now-charged Boston Marathon bombers.

    The column, titled “Time To Stretch Neck Of Jihadist Punk,” was posted on the right wing website WND over the weekend. Stressing the need for quick justice, he (mostly) avoided his frequent talking points (fighting against gun control, criticizing Democrats and President Obama).

One thing is certain: OBOZO will choose the “trial” approach most likely to set fellow mulsim islamofascist Dzhokar FREE, so that he, per the Limbaugh Theorem, won’t have to issue an executive pardon.

NEVER FORGET: OBOZO got his political start at the hands of the cowardly terrorist bomber bill ayers, so he has a soft spot for such despicable criminals.

We believe that within the chaos caused by the Boston Marathon explosion, two young men were wrongfully accused of something they did not do, and one of them has lost his life before even getting the opportunity of a proper trial. We do not wish to see blood of yet another innocent victim, someone who, by U.S. law, is innocent until proven guilty. It is vital to end this persecution, as all the conflicting information shown by the media, and footage from the incident, seen by people from all corners of the world, doesn’t manifest itself as enough evidence to condemn Dzhokhar Tsarnaev of this heinous crime. You promised to the world that you would get to the bottom of this, and we hope you keep your word. We want evidence. We want truth. We want justice.

[…] Via the Examiner, they’ve hit him with just two counts thus far, one of which is conspiracy to use a weapon of mass destruction (i.e. an IED) against persons or property in the U.S., but that’s enough for a death sentence if the DOJ chooses to seek it. I sense some anger on the right that the feds aren’t treating him as an “enemy combatant,” but I think that has more to do with the condemnatory power of that term than the legal consequences flowing from it. Terrorism is qualitatively different from common crime in its political motivation and so people want Tsarnaev to be treated qualitatively differently by the justice system. That’s also what drives much of the objections to Mirandizing terrorists, I think: It’s not that Miranda will matter hugely in determining whether he talks, it’s that by Mirandizing him you’re treating him like a common criminal rather than a man who’s declared war on the United States. (Tsarnaev’s motive is still unknown but we all know which way the arrow’s pointing given his dead brother’s radicalism.) I’m more of a bottom-line guy on this sort of thing, though. Is there any chance that he’ll end up going free because the feds aren’t treating him as an EC? Nah: Given the video/photo evidence against him, at worst this guy’s going to prison forever. At best he’s getting the needle. Here’s a glimpse at the evidence against him from the complaint, which is posted at Legal Insurrection: […]

Some unemployed starving recent law school graduate with an enormous student loan debt needs to sue the pressure cooker manufacturer.

[…] Unsealed Complaint and Affidavit – U.S. v Dzhokhar Tsarnaev(legalinsurrection.com) […]

Let’s not lose sight of an important detail. The charging document is a complaint, not an indictment.

An indictment will come, but by filing a complaint it allows for some possible cooperation and gives the government time to build its case. It allows the defendant and prosecutors to “cooperate” for awhile — e.g. allows junior to spill his guts… asssuming there are other culpable parties still at large.

also, a criminal complaint allows the Feds to publicly put out some information — not constrained by grand jury secrey rules. This may help bring witnesses forward.

and allows Fed to use the Grand Jury as an investigative tool (subpoenaing uncooperative witnesses) to testify.

Am I alone in thinking that the non American in the mercedes was an accomplice?

    Dumb comment from AD. 1. It is a Miranda “warning” not “right”. 2. No one took away his actual right against self incrimination. Prosecutors have enough other proof against him for the charges they’ve filed if any of his pre-hearing statements WERE to be tossed out, they would go boo, hoo. Would not make a difference because the other proof was overwhelming. And now that he’s HAD a hearing before a magistrate he’s been “noticed” concerning his rights – all of them. We need to discuss something that makes a difference, not pick lint out of our navels.

Juba Doobai! | April 22, 2013 at 5:52 pm

Obama and Holder still having a problem getting the words “Islamic terrorism” out of their mouths, eh. These guys are enemy combatants.

[…] two of the complaint, there’s an attestation that a copy of the motion has been served on “counsel for the defendant.” If he’s already got a lawyer advising him on what he should or shouldn’t do, […]

[…] tried in a civil court. Read the Unsealed Complaint and Affidavit – U.S. v Dzhokhar Tsarnaev at Legal Insurrection. As much as many wanted Dzhokhar Tsarnaev to be charged as an enemy combatant, under the laws, it […]

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