IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
{filed Aug 06 1993, signed by clerk}
UNITED STATES OF AMERICA, * CRIMINAL NO. W-93-CR-046
*
Plaintiff * S U P E R C E D I N G
* I N D I C T M E N T
V. *
* [18 U.S.C. 1117 --Conspiracy
KATHRYN SCHROEDER (1) * to Murder Federal Officers;
BRAD EUGENE BRANCH (2), * 18 U.S.C. 1114 and 1111 --
KEVIN A. WHITECLIFF (3), * Murder of Federal Offi-
CLIVE J. DOYLE (4), * cers; 18 U.S.C. 924(c)(1) --
JAIME CASTILLO (5), * Possession of a Firearm
LIVINGSTONE FAGAN (6), * During the Commission of
PAUL GORDON FATTA (7), * a Crime of Violence; 26
WOODROW KENDRICK, also known * U.S.C. 5861(d) --Possession
as BOB KENDRICK, (8) * of an Unregistered Destruc-
NORMAN WASHINGTON ALLISON, also * tive Device; 18 U.S.C.
known as DELROY NASH, (9) * 371--Conspiracy to Possess
GRAEME LEONARD CRADDOCK (10), * an Unregistered Destructive
RENOS AVRAAM (11), and * Device; 18 U.S.C. 371--
RUTH OTTMAN RIDDLE (12), * Conspiracy to Unlawfully
* Manufacture and Possess
Defendants. * Machineguns; 18 U.S.C.
922(o) Unlawful Possession
of Machine Guns; 18 U.S.C.
2--Aiding and Abetting]
THE GRAND JURY CHARGES:
COUNT ONE
[18 U.S.C. 1117]
1. From on or before February, 1992, and continuing thereafter
up to and including April 19, 1993, in the Western District of
Texas, Defendants,
KATHRYN SCHROEDER
BRAD EUGENE BRANCH
KEVIN A. WHITECLIFF
CLIVE J. DOYLE
JAIME CASTILLO
LIVINGSTONE FAGAN
PAUL GORDON FATTA
WOODROW KENDRICK, also known
as BOB KENDRICK
NORMAN WASHINGTON ALLISON,
page 1
aka DELROY NASH,
GRAEME LEONARD CRADDOCK
RENOS AVRAAM
and
RUTH OTTMAN RIDDLE,
did knowingly, willfully and unlawfully combine, conspire,
confederate, and agree together and with each other, and with
persons known and unknown to the Grand Jury, to kill, with
malice aforethought during the performance and on account of
the performance of their duties, officers and employees of the
Bureau of Alcohol, Tobacco and Firearms (hereinafter "ATF"),
United States Department of the Treasury, including but not
limited to, ATF Special Agents Steven D. Willis, Robert Williams,
Conway C. LeBleu, and Todd W. McKeehan, and Agents of the Federal
Bureau of Investigation (hereinafter "FBI"), United States
Department of Justice, all agencies of the United States as
specified in Title 18, United States Code, Section 1114, all
in violation of Title 18, United States Code, Section 1117.
MEMBERS OF THE CONSPIRACY
2. At all times pertinent to this indictment, Vernon K. Howell,
also known as David Koresh, was a member of and the self-
proclaimed prophet for a group of individuals who lived at a
location known as the Mt. Carmel Compound, located near Waco,
Texas.
3. At all times pertinent to this indictment, Steven Emil
Schneider and Douglas Wayne Martin were followers of and advisors
to Vernon Howell, also known as David Koresh.
page 2
4. At all times pertinent to this indictment, Defendants
KATHRYN SCHROEDER, BRAD EUGENE BRANCH, KEVIN A. WHITECLIFF,
CLIVE J. DOYLE, JAIME CASTILLO, LIVINGSTONE FAGAN, PAUL GORDON
FATTA, WOODROW KENDRICK, also known as BOB KENDRICK, NORMAN
WASHINGTON ALLISON, also known as DELROY NASH, GRAEME LEONARD
CRADDOCK, RENOS AVRAAM, and RUTH OTTMAN RIDDLE, and others were
followers of Vernon K. Howell, also known as David Koresh.
SCOPE AND NATURE OF THE CONSPIRACY
5. It was part of the conspiracy that Vernon K. Howell, also
known as David Koresh, would and did advocate and encourage an
armed confrontation, which he described as a "war," between his
followers and representatives of the United States government.
Vernon K. Howell, also known as David Koresh, originally
predicted that this "war" would occur in the Nation of Israel
and later changed the location to Mt. Carmel, near Waco, Texas.
6. It was part of the conspiracy that in order to prepare for
the "war" with the United States, Vernon K. Howell, also known
as David Koresh, would and did establish a unit among his
followers which he called the "mighty men". Defendants, BRAD
EUGENE BRANCH, KEVIN A. WHITECLIFF, CLIVE J. DOYLE, JAIME
CASTILLO, LIVINGSTONE FAGAN, PAUL GORDON FATTA, WOODROW KENDRICK,
also known as BOB KENDRICK, NORMAN WASHINGTON ALLISON, also known
as DELROY NASH, GRAEME LEONARD CRADDOCK, RENOS AVRAAM, and other
followers were members of the "Mighty Men."
7. It was part of the conspiracy that in order to arm his
followers for the "war" with the United States, Vernon K. Howell,
page 3
also known as David Koresh, would and did direct that a business
location called "The Mag Bag" be established near the Mt. Carmel
Compound for the purpose, among others, of receiving shipments
of paramilitary supplies. The supplies purchased and received at
The Mag Bag included: firearms parts (including parts for fully
automatic AK-47 and M-16 rifles); thirty (30) round magazines and
one hundred (100) round magazines for M-16 and AK-47 rifles;
pouches to carry large ammunition magazines; substantial
quantities of ammunition of various sizes (including .50 caliber
armor piercing ammunition); grenade launcher parts, flare
launchers, K-bar fighting knives, night vision equipment, hand
grenade hulls, kevlar helmets, bullet proof vests and other
similar equipment.
8. It was a part of the conspiracy that Defendants BRAD EUGENE
BRANCH and PAUL GORDON FATTA would and did make the necessary
arrangements to obtain The Mag Bag location, which had a mailing
address of Route 7, Box 555, Waco, Texas. It was further a part
of the conspiracy that Defendant PAUL GORDON FATTA would and did
acquire a Texas Sales and Use Tax Permit in the name of "The Mag
Bag." It was a part of the conspiracy that Defendants WOODROW
KENDRICK, also known as BOB KENDRICK, and NORMAN ALLISON, also
known as DELROY NASH, would and did occupy the premises for the
purpose (among others) of receiving paramilitary supplies.
9. It was a part of the conspiracy that Defendants BRAD EUGENE
BRANCH, JAIME CASTILLO, PAUL GORDON FATTA, and others would and
did acquire and assist in the acquisition of weapons to be used
in the
page 4
"war" with the United States, including .50 caliber semi-
automatic rifles.
10. It was a part of the conspiracy that Defendants PAUL GORDON
FATTA and others, would and did assist in converting legally
purchased semi-automatic rifles to fully automatic rifles. It was
a part of the conspiracy that inert hand grenade shells would be
converted to live hand grenades for the purpose of waging "war"
against the United States government.
11. It was a part of the conspiracy that on February 28, 1993,
after becoming aware of a planned search of the premises of the
Mt. Carmel Compound, by agents of the ATF, Vernon K. Howell, also
known as David Koresh, would and did instruct his followers to
prepare for the arrival of the federal agents. It was a part of
the conspiracy that KATHRYN SCHROEDER, BRAD EUGENE BRANCH, KEVIN
A. WHITECLIFF, CLIVE J. DOYLE, JAIME CASTILLO, LIVINGSTONE FAGAN,
GRAEME LEONARD CRADDOCK, RENOS AVRAAM, and RUTH OTTMAN RIDDLE,
and others would and did change into camouflage/combat clothing
and equipment, gather their pistols and rifles, load magazines,
distribute hand grenades, assume ambush positions and engage in
other conduct designed to kill and attempt to kill and aid and
abet the killing of Agents of the ATF upon their arrival at the
Mt. Carmel Compound.
12. It was a part of the conspiracy that on February 28, 1993,
after the ambush of ATF agents at the Mt. Carmel Compound by
their coconspirator, Defendants NORMAN WASHINGTON ALLISON, also
known as DELROY NASH, and WOODROW KENDRICK, also known as BOB
KENDRICK,
page 5
and another person would arm themselves at The Mag Bag and
endeavor to forcibly enter the Mt. Carmel Compound to assist
their coconspirators.
13. It was a part of the conspiracy that after the initial
ambush of the ATF, Defendants KATHRYN SCHROEDER, BRAD EUGENE
BRANCH, KEVIN A. WHITECLIFF, CLIVE J. DOYLE, JAIME CASTILLO,
LIVINGSTONE FAGAN, GRAEME LEONARD CRADDOCK, RENOS AVRAAM, RUTH
OTTMAN RIDDLE, and others would and did forcibly resist and
oppose agents of the FBI who were authorized to execute search
warrants under the authority of the United States from February
28, 1993, until each of them emerged from the Mt. Carmel
Compound.
14. It was a part of the conspiracy that on April 28, 1993,
Vernon K. Howell, also known as David Koresh, and Steven
Schneider would and did finalize a plan to burn the Mt. Carmel
Compound in the event an effort was made to finally end the siege
by the FBI. This plan was communicated to other residents of the
compound.
15. It was a part of the conspiracy that on April 19, 1993, some
of the conspirators would and did fire upon tanks and other
vehicles manned by FBI agents in an attempt to drive them back
from the Mt. Carmel Compound.
16. It was a part of the conspiracy that on April 19, 1993,
Vernon K. Howell, also known as David Koresh, would give
instructions to spread flammable fuel within the Mt. Carmel
Compound upon learning that the FBI was to introduce tear gas
into the Compound to end the Siege. It was a part of the
conspiracy that an unidentified coconspirator would and did
give instructions
page 6
(continued)
at about noon on April 19, 1993, to start the fires within Mt.
Carmel.
OVERT ACTS
In furtherance of such agreement and conspiracy and to effect the
objects thereof, the Defendants and their conspirators, known and
unknown, committed the following overt acts, among others:
1. On August 4, 1992, in the Western District of Texas, Vernon K.
Howell, also known as David Koresh, executed documentation
covering the purchase of 88 lower receivers for the AR-15 rifle,
16 handguns, and 10 rifles from Hewitt Handguns.
2. On February 28, 1993, in the Western District of Texas,
Special Agent Steven D. Willis of the Bureau of Alcohol, Tobacco
and Firearms was shot and killed by conspirators while he was
attempting to execute search and arrest warrants.
3. On February 28, 1993, in the Western District of Texas,
Special Agent Robert Williams of the Bureau of Alcohol, Tobacco
and Firearms was shot and killed by conspirators while he was
attempting to execute search and arrest warrants.
4. On February 28, 1993, in the Western District of Texas,
Special Agent Conway C. LeBleu of the Bureau of Alcohol, Tobacco
and Firearms was shot and killed by conspirators while he was
attempting to execute search and arrest warrants.
5. On February 28, 1993, in the Western District of Texas,
Special Agent Todd W. McKeehan of the Bureau of Alcohol, Tobacco
and Firearms was shot and killed by conspirators while he was
attempting to execute search and arrest warrants.
page 7
6. On April 19, 1993, in the Western District of Texas, Agents
of the Federal Bureau of Investigation were fired upon by
conspirators as they endeavored to serve arrest and search
warrants.
COUNT TWO
[18 U.S.C. 1114 1111(a), and 2]
On or about February 28, 1993, in the Western District of Texas,
Defendants,
KATHRYN SCHROEDER
BRAD EUGENE BRANCH
KEVIN A. WHITECLIFF
CLIVE J. DOYLE
JAIME CASTILLO
LIVINGSTONE FAGAN
PAUL GORDON FATTA
WOODROW KENDRICK, also known
as BOB KENDRICK
NORMAN WASHINGTON ALLISON,
aka DELROY NASH,
GRAEME LEONARD CRADDOCK
RENOS AVRAAM
and
RUTH OTTMAN RIDDLE,
by aiding and abetting unknown principals and each other did
knowingly, willfully, and unlawfully kill, with malice
aforethought, ATF Special Agents Steven D. Willis, Robert
Williams, Conway LeBleu, and Todd W. McKeehan, Special Agents of
the Bureau of Alcohol, Tobacco and Firearms, while said agents
were engaged in the performance of their official duties, by
shooting the said Agents with a firearm, in violation of Title
18, United States Code, Sections 1114, 1111(a), and Title 18,
United States
page 8
Code, Section 2.
COUNT THREE
[18 U.S.C. {ASCII character 21, paragraph symbol, deleted}
924(c)(1)]
On or about February 28, 1993, in the Western District of Texas,
Defendants,
KATHRYN SCHROEDER
BRAD EUGENE BRANCH
KEVIN A. WHITECLIFF
CLIVE J. DOYLE
JAIME CASTILLO
LIVINGSTONE FAGAN
PAUL GORDON FATTA
GRAEME LEONARD CRADDOCK
RENOS AVRAAM
and
RUTH OTTMAN RIDDLE
did knowingly use and carry a firearm during and in relation to
the commission of a crime of violence which may be prosecuted in
a court of the United States, to-wit: Conspiracy to Murder
Officers and Employees of the United States, in violation of
Title 18, United States Code, Sections 1117 and 1114, all in
violation of Title 18, United States Code, Section 924(c)(1).
COUNT FOUR
[18 U.S.C. 1114] 1111(a) and 2]
On or about February 28, 1993, in the Western District of Texas,
Defendants,
NORMAN WASHINGTON ALLISON, aka
DELROY NASH,
and
WOODROW KENDRICK, aka
BOB KENDRICK,
by aiding and abetting Michael Schroeder, deceased, named as a
principal, but not as a defendant herein, did knowingly,
willfully,
page 9
and unlawfully attempt to kill, with malice aforethought, Charles
Meyer, a Special Agent of the Bureau of Alcohol, Tobacco and
Firearms, while said agent was engaged in the performance of his
official duties, by shooting at Special Agent Charles Meyer with
a firearm, in violation of Title 18, United States Code, Sections
1114, 1111(a), and Title 18, United States Code, Section 2.
COUNT FIVE
[18 U.S.C. 924(c)(1)]
On or about February 28, 1993, in the Western District of Texas,
Defendant,
WOODROW KENDRICK, aka
BOB KENDRICK,
did knowingly, willfully and unlawfully use and carry one or more
of the following firearms, to-wit:
(1) an RG revolver, model RG 31, .32 caliber,
bearing serial number 0194405;
(2) a Beretta pistol, model 92FS 9 mm, bearing
bearing serial number BER116248Z,
during an in relationship to the commission of a violent crime
which may be prosecuted in a court of the United States, namely,
attempting to kill a Federal officer, contrary to Title 18,
United States Code, Section 1114 and Section 2, and all in
violation of Title 18, United States Code, Section 924(c)(1).
COUNT SIX
[18 U.S.C. 924(c)(1)]
On or about February 28, 1993, in the Western District of Texas,
Defendant,
NORMAN WASHINGTON ALLISON, aka
DELROY NASH,
did knowingly, willfully and unlawfully use and carry the
following firearm, to-wit: a Jennings .22 caliber pistol, bearing
serial number 628835, during and in relation to the commission of
a violent crime which may be prosecuted in a court of the United
States, namely, attempting to kill a Federal officer, contrary to
Title 18, United States Code, Section 1114 and Section 2, and all
in violation of Title 18, United States Code, Section 924(c)(1).
COUNT SEVEN
[26 U.S.C. 5861(d)]
On or about February 28, 1993, in the Western District of Texas,
Defendant,
GRAEME LEONARD CRADDOCK
did knowingly and unlawfully possess a firearm, as defined by
Section 5845(a), Title 26, United States Code, namely an
explosive grenade, being a firearm defined as a destructive
device, which firearm was not registered to him in the
National Firearm Registration and Transfer Record, in violation
of Title 26, United States Code, Sections 5861(d) and 5871.
COUNT EIGHT
[26 U.S.C. 5861(d) and 18 U.S.C. 371]
From on or about February 28, 1993, and continuing thereafter
until on or about April 19, 1993, in the Western District of
Texas, Defendant,
GRAEME LEONARD CRADDOCK
did knowingly and willfully combine, conspire, confederate, and
agree with other persons both known and unknown to the Grand
Jury,
page 11
to commit an offense against the United States, namely, to
unlawfully possess a firearm as defined by Section 5845(a), Title
26, United States Code, to wit: a grenade, without having the
said firearm registered to him in the National Firearms
Registration and Transfer Record. In furtherance of the said
conspiracy and to effect the objects thereof, the following overt
act were committed by the Defendant of the Western District of
Texas:
1. On April 19, 1993, co-conspirator Vernon K. Howell, also
known as David Koresh, gave GRAEME LEONARD CRADDOCK a
grenade;
contrary to Title 26, United States Code, Section 5861(d) and in
in violation of Title 18, United States Code, Section 371.
COUNT NINE
[18 U.S.C. 371
(18 U.S.C. 922(o))]
From on or about February, 1992, and continuing thereafter until
on or about February 1993, in the Western District of Texas,
Defendant,
PAUL GORDON FATTA
did intentionally, knowingly and willfully combine, conspire,
confederate and agree with other persons to the Grand Jury both
known and unknown to commit an offense against the United States,
namely, to unlawfully manufacture and possess machineguns,
without having the said firearms registered to him in the
National Firearms Registration and Transfer Record. In
furtherance of the said conspiracy and to effect the objects
thereof, the following overt acts were committed by the
defendants of the Western District of Texas:
1. On March 21, 1992, PAUL GORDON FATTA purchased a FEG,
Model SA85M rifle, 7.62 caliber, Serial No. SL02791;
2. On January 16, 1993, PAUL GORDON FATTA purchased a H&K,
SP89, pistol, 9 mm, Serial No. 2122147;
contrary to Title 18, United States Code, Section 922(o) and in
in violation of Title 18, United States Code, Section 371.
COUNT TEN
[18 U.S.C. 2 and 922(o)]
Beginning about February 1992 and continuing thereafter until
on or about February 1993, in the Western District of Texas,
Defendant,
PAUL GORDON FATTA
intentionally and knowingly did aid and abet Vernon K. Howell,
also known as David Koresh, in the unlawful possession of
machineguns, contrary to Title 18, United States Code, Section
922(o) and in violation of Title 18, United States Code,
Section 2.
A TRUE BILL:
[signed]
--------------------------------
FOREPERSON
JAMES H. DeATLEY
ACTING UNITED STATES ATTORNEY
By: ____________________________
W. Ray Jahn
Assistant U.S. Attorney
