Below is a copy of the United States Federal Court Criminal Complaint against Dzhokhar Tsarnaev.
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1\0 91 (Rev. 11/11) Criminal Complaint
UNITED STATES DISTRICT COURT
District of Massachusetts
United States of America
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 April 1_5, 2013 _ in the county of Suffolk— – in the District of Massachusetts , the defendant(s) violated:
Code Section Offense Description
18 U.S.C. s 2332a(a) Use of a Weapon of Mass Destruction
18 u.s.c. s 844(1) Malicious Destruction of Property Resulting in Death
This criminal complaint is based on these facts:
See Attached Affidavit of Special Agent Daniel R. Genck
[2( Continued on the attached sheet.
Sworn to before me and signed in my presence.
Date: 04/21/2013 @ Ct, ‘, i ?\;
Daniel R. Genck,Special Age t,£13_1 _
Printed name and title
City and state:
— ‘.<‘ n, Massachuse_tts
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 terrorism.
FACTS AND CIRCUMSTANCES
The Boston Marathon Explosions
5. The Boston Marathon is an annual race that attracts runners from all over the United States and the world. According to the Boston Athletic Association, which administers the Marathon, over 23,000 runners participated in this year’s race. The Marathon has a substantial impact on interstate and foreign commerce. For example, based on publicly available information, I believe that the runners and their families — including those who travel to the Boston area from other states and countries — typically spend tens of millions of dollars each year at local area hotels, restaurants and shops, in the days before, during, and after the Marathon. In addition, a number of the restaurants and stores in the area near the finish line have special events for spectators.
6. The final stretch of the Boston Marathon runs eastward along the center of Boylston Street in Boston from Hereford Street to the finish line, which is located between Exeter and Dartmouth Streets. Low metal barriers line both edges of the street and separate the spectators from the runners. Many businesses line the streets of the Marathon route. In the area near the finish line, businesses are located on both sides of Boylston Street, including restaurants, a department store, a hotel and various retail stores.
7. On April 15, 2013, at approximately 2:49 p.m., while the Marathon was still underway, two explosions occurred on the north side of Boylston Street along the Marathon’s final stretch. The first explosion occurred in fl’ont of 671 Boylston Street and the second occurred approximately one block away in front of 755 Boylston Street. The explosive devices were placed near the metal barriers where hundreds of spectators were watching runners approach the finish line. Each explosion killed at least one person, maimed, burned and wounded scores of others, and damaged public and private property, including the streets, sidewalk, barriers, and property owned by people and businesses in the locations where the explosions occurred. In total, three people were killed and over two hundred individuals were injured.
8. The explosions had a substantial impact on interstate and foreign commerce. Among other things, they forced a premature end to the Marathon and the evacuation and temporary closure of numerous businesses along Boylston Street for several days.
B. Surveillance Evidence
9. I have reviewed videotape footage taken from a security camera located on Boylston Street near the corner of Boylston and Gloucester Streets. At approximately 2:38p.m. (based on the video’s duration and timing of the explosions) — i.e., approximately II minutes before the first explosion –two young men can be seen turning left (eastward) onto Boylston from Gloucester Street. Both men are carrying large knapsacks. The first man, whom I refer to in this affidavit as Bomber One, is a young male, wearing a dark-colored baseball cap, sunglasses, a white shirt, dark coat, and tan pants. The second man, whom I refer to in this affidavit as Bomber Two, is a young male, wearing a white baseball cap backwards, a gray hooded sweatshirt, a lightweight black jacket, and dark pants. As set forth below, there is probable cause to believe that Bomber One is Tamer!an Tsarnaev and Bomber Two is his brother, DZHOKHAR TSARNAEV.
10. After turning onto Boylston Street, Bomber One and Bomber Two can be seen walking eastward along the north side of the sidewalk towards the Marathon finish line. Bomber One is in fi·ont and Bomber Two is a few feet behind him. Additional security camera video taken from a location farther east on Boylston Street, as well as contemporaneous photographs taken from across the street, show the men continuing to walk together eastward along Boylston Street towards Fairfield Street.
11. I have also reviewed video footage taken from a security camera affixed above the doorway of the Forum Restaurant located at 755 Boylston Street, which was the site of the second explosion. This camera is located approximately midway between Fairfield and Exeter Streets and points out in the direction of Boylston and is turned slightly towards Fairfield. At approximately 2:41p.m. (based on the video’s duration and the timing of the explosions), Bomber One and Bomber Two can be seen standing together approximately one halt:block from the restaurant.
12. At approximately 2:42 p.m. (i.e., approximately seven minutes before the firstexplosion), Bomber One can be seen detaching himself from the crowd and walking east on Boylston Street towards the Marathon finish line. Approximately 15 seconds later, he can be seen passing directly in tt·ont of the Forum Restaurant and continuing in the direction of the location where the first explosion occurred. His knapsack is still on his back.
13. At approximately 2:45p.m., Bomber Two can be seen detaching himself from the crowd and walking east on Boylston Street toward the Marathon finishing line. He appears to have the thumb of his right hand hooked under the strap of his knapsack and a cell phone in his left hand. Approximately 15 seconds later, he can be seen stopping directly in front of the Forum Restaurant and standing near the metal barrier among numerous spectators, with his back to the camera, facing the runners. He then can be seen apparently slipping his knapsack onto the ground. A photograph taken from the opposite side of the street shows the knapsack on the ground at Bomber Two’s feet.
14. The Forum Restaurant video shows that Bomber Two remained in the same spot tor approximately four minutes, occasionally looking at his cell phone and once appearing to take a picture with it. At some point he appears to look at his phone, which is held at approximately waist level, and may be manipulating the phone. Approximately 30 seconds before the first explosion, he lifts his phone to his car 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. I-Ie walks away without his knapsack, having left it on the ground where he had been standing. Approximately I 0 seconds later, an explosion occurs in the location where Bomber Two had placed his knapsack.
15. I have observed video and photographic footage of the location where the second explosion occurred from a number of different viewpoints and angles, including from directly across the street. I can discern nothing in that location in the period before the explosion that might have caused that explosion, other than Bomber Two’s knapsack.
C. Photographic Identifications
E. Identification of the Carjackers
28. Based on the foregoing, there is probable cause to believe that on or about April 15, 2013, DZHOKHAR TSARNAEV violated 18 U.S.C. §§ 2332a (using and conspiring to use a weapon of mass destruction, resulting in death) and 844(i) (malicious destruction of property by means of an explosive device, resulting in death). Accordingly, I respectfully request that the Court issue a complaint charging DZHOKHAR TSARNAEV with those crimes.
<=Daniel R. Genck Special Agent, Federal Bureau oflnvestigation
Tamerlan Tsarnaev and Family Received Welfare
“Marathon bombings mastermind Tamerlan Tsarnaev was living on taxpayer-funded state welfare benefits even as he was delving deep into the world of radical anti-American Islamism, the Herald has learned,” reported the Boston Herald on April 24.
“State officials confirmed last night that Tsarnaev, slain in a raging gun battle with police last Friday, was receiving benefits along with his wife, Katherine Russell Tsarnaev, and their 3-year-old daughter. The state’s Executive Office of Health and Human Services said those benefits ended in 2012 when the couple stopped meeting income eligibility limits. Russell Tsarnaev’s attorney has claimed Katherine — who had converted to Islam — was working up to 80 hours a week as a home health aide while Tsarnaev stayed at home.
“In addition, both of Tsarnaev’s parents received benefits, and accused brother bombers Dzhokhar and Tamerlan were recipients through their parents when they were younger, according to the state.”