Eagles Nest BBS 5/Eagles_Nest_Mac_Collection_Disc_5.TOAST/Other Non-Macintosh Text/WACOWarrant

Text File | 1993-09-03 | 47KB | 953 lines

Subject: BATF Warrant for Waco
From: [e-mail] (Dana Carson)
Date: 4 May 1993 02:56:08 -0400
References: <[e-mail]>
Organization: Express Access Online Communications, Greenbelt, MD USA
Keywords: warrant
NNTP-Posting-Host: access.digex.net
Lines: 942
Xref: filly misc.legal:37237 alt.law-enforcement:655

I uploaded this from Genie.  It shows probable cause for a search but I
see no reason for the way that it was served.



Typos and lack of punctuation appear as they are in the
warrant:

[Search Warrant]  United States District Court Western
District of Texas

In the Matter of the Search of residence of Vernon Wayne
Howell, and others, Rt . 7, Box 471-B, AKA:  Mount Carmel
Center, McLennan County, TX,m its appurtenances, vehicles,
underground structures located on entire premises of the
77 acre compound. See attached photos & property
description Attachments A, B and C.

To:  Special Agent Davy Aguilera and any Authorized
Officer of the United State s

Affidavit(s) having been made before me by S/A Davy
Aguilera who has reason to believe that on the premises
known as the residence of Vernon Wayne Howell and others,
Rt 7 Box 471-B, AKA: Mount Carmel Center, Waco, McLennan
County, Texas, its appurtenances, vehicles underground
structures located on entire premises o f the 77 acre
compound See attached photographs and property
descriptions.  in th e Western District of Texas there is
now concealed a certain person or property, namely
(describe the person or property:  SEE ATTACHED SHEET FOR
CONCEALED PROPERTY (ATTACHMENT D)

I am satisfied that the affidavit(s) and any recorded
testimony establish probable cause to believe that the
person or property so described is now concealed on the
person or promises above-described and establish grounds
for the issuance of this warrant.

"YOU ARE HEREBY COMMANDED to search on or before  February
28,1993 (not to exceed ten days) the person or place named
above for the person or property specified, serving this
warrant and amking the search (in the daytime -6:00 A.M.
to 10:00 P.M.)<THIS PART LINED OUT>(at any time in the day
or night as I find resonable cause thas been
established)... SIGNED Dennis G. Green U.S. Magistrate
Judge

Attachment D

The following property is concealed:

A quantity of firearms, including but not limited to: an
assortment of AR-15 rifles and AK-47 rifles, and parts
thereof, along with a quantity of assorted machinegun
conversion parts, which, when assembled, would be
classified as machineguns, machinerty and implements used
or suitable for use in converting semi-automatic weapons
to fully automatic and for constructing destructive
devices such as pipe bombs, and homemade grenades, this
machinery would include, but not limited to metal lathes
and milling machines, .50 caliber anti-tank rifle, sten
guns, grenade launchers, practice rifle grenades, practice
hand grenades, various chemicals, including but not
limited to black powder, igniter cord, aluminum metal
powder and potassium nitrate, magnesium metal powder,
metals in various forms, inert "pineapple" type hand
grenades, pipe bombs and parts thereof, and other suitable
casings of unknown description which, when assembled,
would be classified as destructive devices as those terms
are defined in Section 5845 (b), and Section 5845 (f),
Chapter 53, Title 26, United States Code, which are not
registered with the National Firearms Registration and
Transfer Record, Washington, D.C., as required by law, and
documentary and computerized evidence of receipt,
ownership and instructions for converting semi-automatic
firearms into machineguns, and the construction of
improvised explosive weapons, including computer hardware,
peripheral equipment and software containing files and
directories and the information theron.  This is to
include any disks, manuals, printouts and other assorted
computer equipment.

AFFIDAVIT

Affiant alleges the following grounds for search and
seizure.

I, Davy Aquilera, being duly sworn, depose and state that:

I am a Special Agent with the U.S. Treasury Department,
Bureau of Alcohol, Tobacco and Firearms, Austin, Texas and
I have been so employed for approximately 5 years.  This
affidavit is based on my own investigation as well as
information furnished to me by other law enforcement
officers and concerned citizens.

As a result of my training and experience as a Special
Agent for the Bureau of Alcohol, Tobacco and Firearms, I
am familiar with the Federal firearm and explosive laws
and know that it is unlawful for a person to manufacure,
possess, transfer, or to transport or ship in interstate
commerce machineguns, machinegun conversion parts, or
explosives which arre classified, by Federal law, as
machineguns, and/or destructive devices, including any
combination of parts either designed or intended for use
in converting any firearm into a machinegun, or into a
destructive device as defined by Federal law, and from
which a destructive device may be readily assembled,
without them being lawfully registered in the National
Firearms Registration and Transfer Record, U.S. Treasury
Department, Washington, D.C.

During my 5 years experience with the Bureau of Alcohol,
Tobacco and Firearms, I have investigated persons who have
unlawfully possessed, transferred or shipped in interstate
or foreign commerce firearms and/or explosive devices
which were not registered to them with the National
Firearms Registration and Transfer Record, and have
successfully participated in the prosecution of several of
these individuals.


On June 4, 1992, I met with Lieutentant Gene Barber,
McLennan County Sheriff's Department, Waco, Texas, who has
received extensive training in explosives classification,
identification adn the rendering safe of explosive devices
and has been recognized in Federal Court as an expert
witness in this field.  Lt. Barber stated taht he had
received informationn in May 1992, from an employee of
United Parcel Service, Waco, Texas that from April through
June of 1992, several deliveries had been made to a place
known as the "Mag-Bag", Route 7 Box 555-b, Waco, Texas
76705, located on Farm Road number 2491, in the names of
Mike Schroeder and David Koresh, which the UPS employee
believed to be firearms components and explosives. Through
my investigation, I know that the place known as the
"Mag-Bag" is a small tract of land located at the above
address which has two metal buildings located on it.

The name "Mag-Bag" comes from the shipping label which is
accompanied many items shipped to the above address.  I
and other agents have personally observed vehicles
consistently ove the past six months at the "Mag-Bag"
locatoin which are registered to Vernon Wayne Howell,
aka:David Koresh. Lieutentant Barber furhter stated that
the UPS employees, Larry Gilbreath, became suspicious and
concerned about the deliveries, most of which were shipped
Cash On Delivery, (C.O.D.) because of their frequency and
because of the method used by the recipient to receive the
shipments and to pay for them.

Lieutenant Barber explained that David Koresh was an alias
name used by Vernon Wayne Howell who operated a religious
cult commune near Wacl, Texas at a place commonly known as
the Mount Carmel Center, which is one of the premises to
be searched and more specifically described above. i have
learned from my investigation, particularly from my
discussions with former cult members that Vernon Howell
adopted the name David Koresh more than a year ago.  The
name "David Koresh" was chosen by Howell because Howell
believed that the name helped designate him as the messiah
or the anointed one of God.  Lieutenant Barber further
related that he was told by Gilbreath that he has been
making deliveries to the "Mag Bag" and Mount Carmel Center
on Double EE Ranch Road, Waco, Texas for several years,
but he had never been suspicious of any of the deliveries
until 1992. Gilbreath became concerned because he made
several C.O.D. deliveries addressed to the "Mag-Bag" but
when he would stop at that location he was instructed to
wait while a telephone call was made to the Mount Carmel
Center by the person at the "Mag-Bag", usually Woodrow
Kendrick or Mike Schroeder, notifying the person who
answered the phone at the Mount Carmel Center that UPS was
coming there with a C.O.D. delivery, after which Gilbreath
would be instructed to drive to the Mount Carmel Center to
deliver the package and collect for it.  That on those
occasions when he was at the Mount Carmel Center to
deliver and colect for the C.O.D. packages.  He saw
several manned observation posts, and believed that the
observers were armed.

Lieutenant Barber stated that he was told by Larry
Gilbreath (UPS) that in May of 1992 two cases of inert
hand grenades and a quantity of black powder were
delivered by him to the "Mag-Bag." The source of these
shipments was unknown to Gilbreath.

On June 9,1992, I was contacted by Lieutentant Barber who
told me that he had learned from Larry Gilbreath that in
June of 1992, the United Parcel Service delivered ninety
(90) pounds of powdered aluminum metal and 30 to 40
cardboard tubes, 24 inches in length and 1 1/4 to 1 1/2
inches in diameter, which were shipped from the Fox Fire
Company, Pocatella, idaho, to "Mag-Bag."  From another
shipper whose identity is unknown, two parcels containing
a total of sixty (60), M-16/AR-15 ammunition magazines
were delivered by UPS to the "Mag-Bag" on June 8,1992.  I
know based upon my training and experience that an AR-15
is a semi-automatic rifle practically identical to the
M-16 rifle carried by United States Armed Forces.  The
AR-15 rifle fires .223 caliber ammunition and, just like
the M-16, can carry magazines of ammunition ranging from
30 to 60 rounds of ammunition. I have been involved in
many cases where defendants, following a relarively simple
process, convert AR-15 semi-automatic rifles to fully
automatic rifles of the nature of the M-16.  This
conversion process can often be accomplished by an
individual purchasing certain parts which will quickly
transform the rifle to fire fully automatic.  Often times
templates, milling machines, lathes and instruction guides
are utilzed by the converter.

Lieutenant Barber related to me the follwing background
information about the Mount Carmel Center commune, which
is located at Rt. 7, Box 471-b, Waco, Texas , and consists
of some seventy (70) acres of land, occupied by Vernon W.
Howell, a/k/a David Koresh and others.

The property was once owned and occupied by George
Buchanan Roden, who once was an unannounced candidate for
the office of President of the United States.  Roden
inherited the property sometime in the 1950's, and
beginning about January 1986 established and led a
religious cult group with about twenty (20) followers.  He
claimed to be the Prophet of the group.  The property at
that time was known as the "Elk Property/ Mt. Carmel
Center." About this same time, Roden was in jeopardy of
losing the property by foreclosure due to delinquent taxes
which had not been paid since 1968.

About this same time, Vernon Wayne Howell, had established
a similar group in Palestine, Texas, known as the Branch
Davidian Seventh-Day Adventists. Sometime in 1987, Howell,
laid claim to ownership of the Mr. Carmel Center property
and wanted to acquire it by any means possible.  On
November 3,1987, Howell led an armed group of eight men
into Roden's camp and a 45-minute gun battle ensued.
Roden was shot in the finger and was the only person
injured.

Eight people, including Vernon W. Howell and Paul Gordon
Fatta were arrested by the McLennan County Sheriff's
Department, Waco, Texas, and were indicted for attempted
murder by a McLennan County Grand Jury. All eight subjects
were tried in State court at Waco, Texas and were
acquitted of the charges of attempted murder by a jury.

After the armed assault by Howell and his followers,
George Roden vacated the property.  In 1987, the property
was taken over by Howell and his cult group.  The taxes
owed on the Mr. Carmel Center have been paid by Howell's
group.  His cult has grown to about seventy (70) to eighty
(80) people which includes men, women and children who now
live on the Nount Carmel Center property.

Lieutenant Barber furnished me with recently taken aerial
photographs of the Mount Carmel Center which had been
taken by Captain Dan Weyenberg of the McLennan County
Sheriff's Department, Waco, Texas.  Among the things noted
in the photographs was a buried bus near the main
structure and an observation tower, approximately three or
four stories tall with windows on all four sides enabling
a view from the structure of 360 degrees.

I was also advised by Lieutenant Barber that Robert
Cervanka, a known long time McLennan County citizen, who
lives near the Mount Carmel Center compound, had, on
several occasions, from January through February of 1992,
had heard machinegun fire coming from the compound
property.  Mr. Cervanka offered law enforcement
authorities his residense to be used a surveillance post.

On July 21,1992, I met with Rovert L. Cervanka, Route 7,
Box 103, Riesel, Texas.  Mr. Cervanka farms the property
surronding the east side of the Mount Carmel property.
Mr. Cervanka stated he has farmed that area since 1948.
From about January and February of 1992 he has heard
machinegun fire on the Vernon Howell property during the
night hours.  He is familiar with and knows the sound of
machinegun fire because he did a tour overseas with the
U.S. Army.  He believes that some of the gunfire he heard
was being done with 50 caliber machineguns and possibly
M-16 machineguns.

On November 13,1992, based on information gained from
Gilbreath by Lieutenant Barber, I interviewed Dave
Haupert, Olympic Arms Inc., Olympia, Washington, a company
which had shipped several parcels to David Koresh at the
"Mag-Bag", Rt. 7, Box 555-b, Waco. Texas.  Mr. Haupert
told me that the records of Olympic arms Inc., indicated
that approximately forty-five(45) AR-15/M-16 rifle upper
receiver units, with barrels of various calibers, had been
shipped from March through April of 1992 to the Mag-Bag
Corporation for a total cost of $11,107.31, cash of
delivery.

On January 13,1993, I interviewed Larry Gilbreath in Waco,
Texas, and confirmed the information which ahd previously
been related to me by Lieutenant Barber.  Mr. Gilbreath
told me that although he had been making deliveries at the
"Mag Bag" and the Mount Carmel Center for quite some time,
his suspicion about the packages being delivered to those
places never was aroused until about February 1992.  At
that time the invoices accompanying a number of packages
reflected that they contained firearm parts and
accessories as well as various chemicals.  He stated that
in May 1992, a package which was addressed to the "Mag
Bag" accidently broke open while it was being loaded on
his delivery truck.  He saw that it contained three boxes
the contents of which were "pineapple" type hand grenades
which he believed to be inert.  He stated that here were
about fifty of the grenades and that he later delivered
them to the Mount Carmel Center.  The Mount Carmel Center
is that tract of land depicted in the photograph labeled
"attachment B" with the main residential structure being
depicted in "attachment C."

Mr. Gilbreath stated that these suspicious packages were
usually addressed to the "Mag Bag" or to David Koresh.
When he would stop to deliver them to the "Mag Bag", he
was met most of the time by Woodrow Kendrick, and on other
occasions by Steve Schneider.  They would have him wait
while they telephoned the Mount Carmel Center to tell them
that UPS was coming with a C.O.D. package.  He would be
instructed to take the package(s) to the Mount Carmel
Center, he was usually met by Perry Jones or, on occasion,
by Steve Schneider, who would pay the C.O.D. charges in
cash and would accept delivery of the shipments.

On this same date, June 8,1992, I interviewed Glen
Deruiter, Manager, Sarco Inc., Stirling, New Jersy, and
learned from him that in May of 1992, their company
shipped one M-16 parts set kit with a sling and magazine
to the "Mag-Bag" in the name of David Koresh.  The total
value of these items was $284.95

Also on June 8,1992, I interviewed Cynthia Alco,
Owner/Manager, Nesard Gun Parts Company, Barrington,
Illinois, and learned from her that in May of 1992, her
company shipped to the "Mag-Bag", two (2) M-16 machinegun
car kits and two (2) M-16 machinegun E2 kits.  These kits
contain all the parts of an M-16 machinegun, except for
the lower receiver unit which is the "firearm" by lawful
definition.  Ms. Alco stated that the total amount of
sales to the Mag-Bag was $1227.00.  Within the past month,
I have spoken with Curtis Bartlett, Firearms Technician
with BATF and have learned that Nesard Company has been
under investigation in the past by ATF for engaging in a
scheme to supply parts which would enable individuals to
construct illegal weapons from various component parts.

On June 9,1992, I requested that a search of the records
of the National Fireamrs Registration and Transfer Record,
Washington, D.C., to determine if Vernon W. Howell and/or
Paul G. Fatta, one of Howell's closest follwers, had any
machineguns or other NFA weapons registered to them.  The
result of the search was negative.

On this same date, June 9,1992, I requested a search of
the records of the Firearms Licensing Section of the
Bureau of Alcohol, Tobacco and Firearms, Atlanta, Georgia,
to determine if Howell, Fatta or the "Mag-Bag" Corporation
were licenses as Fieramrs dealers or manufacturers.  The
result of this search was negative.

On June 10,1992, I requested a search of the records of
the Firearms Licensing Section of the Bureau of Alcohol,
Tobacco and Firearms, Atlanta, Georgia, to determine if
David Koresh, Howell's alias name or David M. Jones, a
known associate of Howell, were licensed as Firearms
dealers of manufacturers.  The result of this search was
negative.

On June 23,1992, I spoke with ATF compliance Inspector
Robert Souza, Seattle, Washington, who inquired about the
Mag Bag Corporation, Route 7, Box 555, Waco, Texas.  He
had received some invoices reflecting a large quantity of
upper receivers and AR-15 parts being shipped to "Mag
Bag", Waco, Texas, from Olympic Arms Inc., 624 Old Pacific
Hwy., S.E. Olympia, Washington.  Inspector Souza faxed me
copies of invoices, reflecting purchases of twenty (20)
AR-15 upper receiver units with barrels by the "Mag Bag"
on March 26th and 30th, 1992.  These items are in addition
to the items referred to above.

As a result of my investigation of shipments to
Howell/Koresh and Mike Schroeder at the "Mag-Bag"
Corporation, Waco, Texas, through the United Parcel
Service, and the inspection of the firearms records of
Henry McMahon, dba, Hewitt Hand Guns, Hewitt, Texas, I
have learned that they acquired during 1992, the following
firearms and related explosive paraphernalia:


one hundred four (104), AR-15/M-16, upper receiver groups
with barels. Eight thousand, one hundred (8,100) rounds of
9mm and .223 caliber ammunition for AR-15/M-16. Twenty
(20), one hundred round capacity drum magazines for AK-47
rifles. Two hundred sixty (260), M-16/AR-15 magazines.
Thirty (30) M-14 magazines. Two (2) M-16 E2 kits. Two (2)
M-16 car kits. One M-76 grenade launcher. Two hundred
(200) M-31, practice rifle grenades. Four (4) M-16 parts
set Kits "A". Two (2) flare launchers Two cases,
(approximately 50) inert practice hand grenades. 40-50
pounds of black gun powder. Thirty (30) pounds of
Potassium Nitrate. Five (5) pounds of Magnesium metal
powder. One pound of Igniter cord. ( A class C explosive)
Ninety-one (91) AR/15 lower receiver units. Twenty-six
(26) various calibers and brands of hand guns and long
guns. 90 pounds of aluminum metal powder. 30-40 cardboard
tubes.

The amount of expenditures for the above listed firearm
paraphernalia, excluding the (91) AR-15 lower receiver
units and the (26) complete firearms, was in excess of
$44,300.

From my investigation, I have learned that a number of
shipments to the "Mag-Bag" have been from vendors with
questionable trade practices. One is presently under
investigation by the Bureau of Alcohol, Tobacco and
Firearms, for violations fo the National Firearms Act,
which prohibits unlawful possession of machineguns,
silencers, destructive devices, and machinegun conversion
kits.

Because of the sensitivity of this investigation, these
vendors have not been contacted by me for copies of
invoices indicating the exact items shipped to the
Mag-Bag.

On November 13,1992, I interviewed Lieutenant Coy Jones,
McLennan County Sheriff's Department, Waco, Texas, and
learned from him that he had spoken with an employee of
the United Parcel Servcie , Waco, Texas, who wished to
remain anonymous.  This person told Jones that Marshal
Keith Butler, a relative of the person who wishes to
remain anoymous, is a machinist by trade, and is
associated with Vernon Howell.

The records of the Texas Department of Public Safety
reflect that Butler has been arrested on seven (7)
occasions since 1984 for unlawful possession of drugs.
Two of the arrests resulted in convictions for possession
of a controlled substance.  Butler's latest arrest and
conviction was in January 1992.  Butler received a
sentence of three (3) years in the Texas Department of
Corrections.  In April 1992 Butler was paroled to McLennan
County, Texas.

On November 13,1992, I interviewed Terry Fuller, a deputy
sheriff for teh McLennan County Sheriff's Department,
Waco, Texas, and learned from him that on November 6,1992,
at approximately 1:25 p.m., while on routine patrol in the
area of the Mount Carmel Center, the property controlled
by Vernon Howell, he heard a loud explosion in the area of
the north part of the Mount Carmel Property.  As he drove
toward the area where he thought the explosin had
occurred, he observed a large cloud of grey smoke
dissipating from ground level on the north end of the
Mount Carmel property.

On December 7,1992, I spoke with Special Agent Carlos
Torres, Bureau of Alcohol, Tobacco and Firearms, Houston,
Texas, who had been assisting me in a portion of this
investigation.  He related to me the results of his
interview on December 4,1992, with Joyce Sparks, Texas
Department of Human Service, Waco, Texas.  Special Agent
Torres told me that Ms. Sparks received a complaint from
outside the State of Texas, that David Doresh was
operating a commune type compound, and that he was
sexually abusing young girls.  Ms. Sparks stated that on
February 27,1992, she along with two other employees of
the Texas Department of Human Services and Two McLennan
County Sheriff's Deputies responded to the complaint.
They went to the Mount CArmel Center compound located east
of Waco in McLennan County.  When they arrived at the
compound, they were met by a lady who identified herself
as Rachel Koresh, the wife of David Koresh.

(one line missing) Koresh was not there.  She had strict
orders from him not to talk with anyone unless he was
present.  Ms. Sparks finally was able to convince Mrs.
Koresh to allow her to talk with some of the children. who
were present. She talked to a young boy about 7 or 8 years
old.  The child said that he could not wait to grow up and
be a man.  When Ms. Sparks asked him why he was in such a
hurry to grow up, he replied that when he grew up he would
get a "long gun" just like all the other men there.  When
Ms. Sparks pursued the subject, the boy told her that all
the adults had guns and that they were always practicing
with them.

Ms. Sparks also told Special Agent Torres that she was
escorted throught part of th ebuilding where she noted a
lot of construction being performed. She also said that
she could not determine how many people were in the group,
but estimated about sixty (60) to seventy (70)people there
including men, women and children.  She stated that she
saw about 15 to 20 adult males there.

Ms. Sparks also said that on April 6,1992, she visited the
compound again. On this occasion she talked with David
Koresh.  She asked Koresh about the firearms which she had
been told by the small child.  Koresh admitted that there
were a few firearms there, but said that most of the
adults did not know of them, and that there were too few
to be of any significance.  Ms. Sparks said thta when she
pressed Koresh about the firearms and their location at
the compound, he offered to show her around.  He requested
that she wait about 30 minutes until he could get the
other residents out of the building so they would not see
where he had the firearms stored.  After a period of time,
Ms. Sparks was escorted through part of the building by
Koresh.  She noted that there was more construction
activityy and that the inside of the structure looked
quite differant from her previous visit. Each time Ms.
Sparks asked Koresh about the location of the firearms, he
would tell her that they were in a safe place where the
children could not get to them.  Then he would change the
subject.

Ms. Sparks said that she noticed a trap door in the floor
at one end of the building.  Whe she inquired about it,
Koresh allowed her to look into the trap door.  She could
see a ladder leading down into a buried school bus from
which all the seats had been removed.  At one end of the
bus she could see a very large refrigerator with numerous
bullet holes.  She also saw three long guns lying on the
floor of the bus, however, she did not know the make or
caliber of them.  Whe stated that there was no electricity
in the bus.  Everything she saw was with the aid of a pen
light.  When questioned by Ms. Sparks, Koresh said that
the bus was where he practiced his target shooting in
order not to distrub his neighbors.

Ms. Sparks felt the entire walk through the compound was
staged for her by Koresh.  When she asked to speak with
some of the children and other residents, Koresh refused,
stating they were not available.  She said that during her
conversation with Koresh, he told her that he was the
"Messenger" from God, that the world was coming to an end,
and that when he "reveals" himself the riots in Los
Angeles would pale in comparison to what was going to
ahppen in Waco, Texas.  Koresh stated that it would be a
"military type operation" and that all the "non-believers"
would have to suffer.

On December 11,1992, I interviewed Robyn Bunds in LaVerne,
California. Robyn Bunds is a former member and resident of
Vernon Howell's commune in Waco, Texas.  She told me that
in 1988, at the age of 19, she gave birth to a son who was
fathered by Vernon Howell.  Her departure from the commune
in 1990 was a result of Howell becoming progressively more
violent and abusive.

While she was there, she and the other residents were
subjected to watching extremely violent movies of the
Vietnam war which Howell would refer to as training films.
Howell forced members to stand guard of the commune 24
hours a day with loaded weapons.  Howell always was in
possession of firearms and kept one under his bed while
sleeping.  Robyn stated that her present residence in
California belonged to her parents.  For a period of
several years Howell had exclusive control of the
residence and used it for other members of his cult when
he was in California.  It was later relinquished by Howell
to Robyn's mother.  In June 1992, while she was cleaning
one of the bedrooms of the residence she found a plactic
bag containing gun parts.  She showed them to her brother,
David Bunds, who has some knowledge of firearms.  He told
her that it was a machinegun conversion kit.  She stored
the gun parts in her garage because she felt certain that
Howell would send some of his followers to pick them up.
Subsequent to her discovery of the conversion kit, Paul
Fatta, Jimmy Riddle, and Neal Vaega, all members of
Howell's cult and residents of the commune in Waco, came
from Waco, Texas, to California and picked up the
conversion kit.

On December 12,1992, I interviewed Jeannine Bunds, the
mother of Robyn and David Bunds.  She told me that she was
a former member of Howell's group in Waco, Texas, having
left there in September 1991.  She is a registered nurse
and was working in that capacity at the Good Samaritan
Hodpital, Los Angeles, California.  While at Howell's
commune in Waco, she participated in live fire shooting
exercises conducted by Howell.  She saw several long guns
there, some of which she described as AK-47 rifles.  Mrs.
Bunds described the weapon to me and was able identify an
AK-47 from among a number of photographs of firearms shown
to her by me.  I believe that she is well able to identify
an AK-47.  In July of 1991, she saw Howell shooting a
machinegun on the back portion of the commune property.
She knew it was a machinegun because it functioned with a
very rapid fire and would tear up the ground when Howell
shot it.  Mrs. Bunds also told me that Howell had fathered
at least fifteen (15) children from various women and
young girls at the compound.  Some of the girls who had
babies fathered by Howell were as young as 12 years old.
She had personally delivered seven(7) of these children.

According to Ms. Bunds, Howell annuls all marriages of
couples who join his cult.  He then has exclusive sexual
access to the women.  He also, accoring to Mrs. Bunds, has
regular sexual relations with young girls there.  The
girls ages are from eleven (11) years old to adulthood.

On January 6,1993, I interviewed Jeannine Bunds again in
Los Angeles, California.  I showed her seveal photographs
of firearms and explosives devices.  She identified an
AR-15 rifle and a pineapple type hand grenade as being
items which she had seen a the Mournt CArmel Center while
she was there.  She stated that she saw several of the
AR-15 and at least one of teh hand grenades.

On January 7,1993, I interviewed Deborah Sue Bunds in Los
Angeles, California.  She was the wife of David Bunds, and
she had been a member of teh "Branch Davidian"since birth.
She stated she first met Vernon Wayne Howell in July 1980.
When Howell assumed leadership of the "Branch" in Waco,
Texas, in 1987, he began to change the context of their
Doctrine. While she was at the Mount Carmel compound in
Waco, Texas, she was assigned, under Howell's direction,
to guard duty with a loaded weapon. About February 1989,
she observed Howell shooting a machinegun behind the main
structure of the compound.  She is sure the firearm was a
machinegun because of the rapid rate of fire and the rate
of fire was much different from that which was usually
conducted during practice exercises on the compound.
After describing the firing of this weapon to me, I
believe that Ms. Bunds was describing the firing of an
automatic weapon.

Mrs. Deborah Bunds also told me that during an evening
meal a short time after having seen Howell shoot the
machinegun, she overheard Howell and his closest
associates discussing machineguns.  Howell was very
excited about having a machinegun.  He voiced a desire to
acquire additional machineguns, specifically AK-47 type
machineguns.

During this investigation I made inquiries of a number of
law enforcment data bases for information about those
commune residents who I have been able to identify.
Through TECS I learned that some forty (40) foreign
nationals from Jamaica, United Kingdom, Israel, Australia
and New Zealand have entered the United States at various
times in the past and have used the address of the Mount
Carmel Center, Waco, Texas as their point of contact while
here.  According to INS records most of these foreign
nationals have over stayed their entry permits or visas
and are therefore illegally in the United States.  I know
that it is a violation of Title 18, United States Code,
Section 922 for an illegal alien to receive a firearm.

On January 1, and January 3,1993 , Mrs. Poia Vaega of
Mangars, Auckland, New Zealand, was interviewed
telephonically by Resident Agent in Charge Bill Buford,
Bureau of Alcohol, Tobacco and Firearms, Little Rock,
Arkansas, who also is assisting me in this investigation.
The results of Special Agent Buford's interview on January
3,1993, was tape recorded with the permission of Poia
Vaega and has since been transcripted and typewritten.
Both the tape recording and the interviews with Poia Vaega
revealed a falst imprisonment for a term of three and one
half (3 1/2) months which began in June of 1991 and
physical and sexual abuse of one of Mrs. Vaega's sisters,
Doreen Saipaia.  This was while she was a member of the
"Branch Davidian" at the Mount Carmel Center, Waco, Texas.
The physical and sexual abuse was done by Vernon Wayne
Howell and Stanley Sylvia, a close follower of Howell, on
several occasions.

It was learned from Mrs. Vaega that she and her husband,
Leslie, were also members of Howell's group in Waco for a
short period of time in March 1990. Upon their arrival at
Mount Carmel Center, she and her husband were separated
and not allowed to sleep together or have any sexual
contact.

According to Mrs. Vaega, all the firls and women at the
compound were exclusively reserved for Howell.  She stated
that Howell would preach his philosophy, which did not
always conincide with the Bible, for hours at a time.  She
and her husband left the compound after ten (10) days
because her husband did not agree with Howell's doctrine,
but that her two sisters stayed behind.

Mrs. Vaega also related taht she was present at one of the
study periods held by Howell when Howell passed his
personal AK-47 machinegun around for the group to handle
and look over.

On January 6,1993, I received the results of an
examination conducted by Jerry A. Taylor, Explosives
Enforcement Officer, Bureau of Alcohol, Tobacco and
Firearms, Walnut Creek, California, in response to a
requrest from me to render an opinion on device design,
construction, functioning, effacts, and classification of
explosives materials which have been accumulated by Howell
and his followers.  Mr. Taylor has received extensive
training in Explosives Classification, Identification and
rendering safe of explosive devices and has been
recognized on numerous occasions as an expert witness in
Federal court.  Mr. Taylor stated that the chemicals
Potassium Nitrate, Aluminum, and Magnesium, when mixed in
the proper proportions, do constitute an explosive as
defined by Federal law.  He further stated that Igniter
cord is an explosive.  Also Mr. Taylor stated that the
inert practice rifle grenades and hand grenades would, if
modified as weapons with the parts avaliable to Howell,
become explosives devices as defined by Federal law.
Finally he stated that black powder, is routinely used as
the main charge when manufacturing improvised explosive
weapons such as grenades and pipe bombs.  I know that
Title 26, United States Code, Section 5845 makes it
unlawful for a person to possess any combination of parts
designed or intended for use in converting any device into
a destructive device.  The definition of "firearm"
includes any combination of parts, either designed or
inteded for use in converting any device into a
destructive device such as a grenade, and from which a
destructive device may be readily assembled.  See United
States v. Price, 877 F.2d 334 (5thCir.1989).  So long as
an individual possesses all of the component parts, item
constitutes a destructive device even though it is not
assembled, so long as it can be readily assembled.  United
States v. Russell, 468 F. Supp.322 (D.C. Tex 1979)

***************************

On January 8,1993, I interviewed Marc Breault in Los
Angeles, California. He is an American citizen who lives
in Australia with his wife Ilizabeth. He was once a member
of the "Branch Davidian" in Waco, Texas.   He lived a the
Mount Carmel Cneter from early 1988 until September 1989.
While there he participated in physical training and
firearm shooting exercises conducted by Howell.  He stood
guard armed with a loaded weapon.  Guard duty was
maintained twenty-four (24) hours a day seven (7) days a
week. Those who stood guard duty were instructed by Howell
to "shoot to kill" anyone attempted to come through  the
entrance gate of the Mount Carmel property.  On one
occasion, Howell tolf him that he wanted to obtain and/or
manufacture hachineguns, grenads and explosive devices.
Howell stated he thought that the gun control laws were
ludicrious, because an individual could easily acquire a
firearm and the necessary parts to convert it to a
machinegun, but if a peron had the gun and ther parts
together they would be in violation of the law.  On
another occasion, Howell told him that he was interested
in acquiring the " Anarchist's Cook Book",  which I know
is a publication outlining clandestine operations to
include instructions and formuls for manufacturing
improvised explosive devices.

On January 12, 1993, I spoke with Special Agent Earl
Dunagan, Bureau of Alcohol, Tobacco and Firearms, Austin,
Texas, who is assisting me in thei investigation.  He
related the resulrs of his inquiry to the ATF Firearms
Techonology Branch, Washington, D.C., for an opinion
concerning the firearms parts which have been accumulated
by Howell and his group. Special Agent Dunnagan stated
that he had spokenb with Curtis Bartlett, Firearms
Enforcement Officer, Washington, D.C., and was told by
Officer Bartlett that the firearms parts which Howell has
received and the method by which he has recieved them, is
consistent with activities in other ATF investigations in
various parts of the United States, which have resulted in
the discovery and seizure of machineguns.  Mr. Bartlett
stated that the firearms parts received by Howell could be
used to assemble both semi-automatic firearms and
machineguns.  He has examined many firearms which had been
assembled as mahcineguns which included these type parts.

Mr. Bartlett also told Special Agent Dunagan that one of
the vendors of supplies to Howell has been the subject of
several ATF investigations in the past.  ATF executed
asearch warrant at this company and had seized a number of
illegal machineguns and silencers.

Special Agent Dunagan told me that on January 12,1993, he
spoke with Special Agent Mark Mutz, ATF, Washington, D.C.,
who was the case agent on the above ongoing investigation
dealing with the illicit supplier who has provided gun
parts to Howell.  Special Agent Mutz stated that during
the execution of the Federal search warrant at the
company's office in South Carolina, he saw large
quantities of M-16 machinegun and AK-47 machinegun parts.
The company maintained their inventory of these parts as
"replacement parts" sp they fell easily within a loophole
in the Federal law which prohibited ATF from seizing the
parts.  Special Agent Mutz stated taht the company had all
the necessary parts to convert AR-15 rifles and AK-47
rifles into machineguns if their customers had the upper
and lower receivers for those firearms.  Based on my
investigation, as stated above in the description of gun
parts shipped to Howell, I know that Howell possesses the
upper and lower receivers for teh firearms which he is
apparently trying to convert to fully automatic.

Mr. Bartlett told me that another one of the vendors of
suplies to Howell, Nesard Gun Parts Co., 27 W. 990
Industrial Rd., Barringon, Ill., has also been the subject
of an ATF investigation.  Officer of that company, Gerald
Graysen Cynthia alco and Anthony Alco all pled guilty to
ATF charges.  The Nesard Co., which owned Sendra
Corporation, was shipping AR-15 receivers through the
Sendra Corp., along with part kits from the Nesard Co.
When these parts are assembled it resulted in the
manufacture of a short barrelled rifle.  Even though the
above subjects are convicted felons they continue to
conduct business because the Nesard Gun Parts Co.,
distributes gun parts and not firearms.

On January 25,1993, I interviewed David Block in Los
Angeles, California. He stated that he was a member of
Howell's cult at the Mount Carmel Center, Waco, Texas,
from March 1992, until June 23,1992.  During the time he
was there, he attended two Gun Shows with Vernon Howell,
Mike Schroeder, Paul Fatta, and Henry McMahon who is a
Federally licensed firearms dealer.  The gun shows were in
Houston and San Antonio, Texas.

While at the Mount Carmel Center he saw a metal lathe and
a meal milling machine which were normally operated by
Donald Bunds and Jeff Little. Donald Bunds, a mechanical
engineer, has the capability to fabricate firearms parts,
accoring to Block. On one occasion at the Mount Carmel
Center, he observed Bunds designing, what Bunds described
as a "grease gun/sten gun" on an Auto Cad Computer located
at the residence building at the compound.  The computer
has the capability of displaying a three dimensional
rendering of objects on a computar monitor screen.  The
object appeared to be a cylindrical tube with a slot out
into the side of it for a bolt cocking lever.  Bunds told
him that Howell wanted Bunds to design a "grease gun"
which they could manufacture.  Mr. Block told me that on
another occasion at the Mount Carmel Center he saw Donald
Bund designing a template which Bunds explained was to fit
around the "grease gun"  tubes indicating where the bolt
lever slots were to be milled out.  This was another step
in manufacturing "grease guns" which had been requested by
Howell.  I know that a "grease gun" is a machinegun
following after the design of a World War II era military
weapon.

During his time at the Mount Carmel Center Mr. Blockl was
present several occasions when Howell would sk if anyone
had any knowledge about making hand grenades  or
converting semi-automatic rifles to machineguns. At one
point he also heard discussion about a shipment of inert
hand grenades and Howell's intent to reactiviate them.
Mr. Block stated that he observed at the compound
published magazines such as, the "Shotgun News" and other
related clandestine magazines.  He heard extensive talk of
the existence of the "Anarchist Cook Book".

Mr. Block told me that he observed a .50 caliber rifle
mounted on a bi-pod along with .50 caliber ammunition.
However, what Mr. Block described to ATF Agents, was a
British Boys, .52 caliber, anti-tank rifle (a destructive
device).  Mr. Block further stated that he also heard talk
of the existence of two additional .50 caliber rifles on
the compound.  There was also extensive talk about
converting the .50 caliber rifles and other rifles to
machineguns.

Mr. Block also told me that he met James Paul Jones from
Redding, California, who was visiting the Mount Carmel
Center in April or May of 1992.  According to Howell,
Jones was a firearms and explosives expert.

On Februrary 22,1993 ATF Special Agent Robert Rodriquez
told me that on February 21, 1993, while acting in an
undercover capacity, he was contacted by David Koresh and
was invited to the Mount Carmel Compound.  Special Agent
Rodriguez accepted the invitation and met with David
Koresh inside the compound.  Vernon Howell, also known as
David Koresh played music on a guitar for 30 minutes and
then began to read the Bible to Special Agent Rodriguez.
During this session, Special Agent Rodriquez was asked
numerous questions about his life.  After answering all
the questions Special Agent Rodriquez was asked to attend
a two week Bible session with David Koresh. This was for
Special Agent to learn the 7 Seals and become a member of
the group.  Special Agent Rodriquez was told that by
becoming a member he(Rodriquez) was going to be watched
and disliked.  David Koresh stated that Special Agent
Rodriquez would be disliked because the Government did not
consider the group religious and that he (Koresh) did not
pay taxes or local taxes because he felt he did not have
to.  David Koresh told Special Agent Rodriquez that he
believed in the right to bear arms but that the U.S.
Government was going to take away that right.  David
Koresh asked Special Agent Rodriquez if he knew that if he
(Rodriquez) purchased a drop-in-searfor an AR-15 rifle it
would not be illegal, but if he (Rodriquez) had an AR-15
rifle with the sear that it would be against the law.
David Koresh stated that the sear could be purchased
legally.  David Koresh stated that the Bible gave him the
right to bear arms.  David Koresh then advised Special
Agent Rodriquez that he had something he wanted Special
Agent Rodriquez to see.  At that point he showed Special
Agent Rodriquez a video tape of ATF which was made by the
Gun Owners Association (G.O.A.).  This film portrayed ATF
as an agency who violated the rights of Gun Owners by
threats and lies.

I believe that Vernon Howell, also known as David Koresh
and/or his followers who reside at the compound known
legally as the Mount Carmel Centere are unlawfully
manufacturing and possessing machineguns and explosive
devices.

It has been my experience over the five years that I have
been a Special Agent for the Bureau of Alcohol, Tobacco
and Firearms, and that of other Special Agents of the
Bureau of Alcohol, Tobacco and Firearms, some of whom have
the experience of twenty (20) years or more, who have
assisted in this investigation that it is a common
practice for persons enganged in the unlawful manufacture
and possession of maachineguns and explosive devices to
employ surreptitious methods and means to acquire the
products nessacary to produce such items, and the
production, use and storage of those items are usually in
a protected or secret environment.  It is also my
experience that persons who acquire firearms, firearm
parts, and explosive materials maintain records of receipt
and ownership of such items and instruction manuals or
other documents explaining the methods of construction of
such unlawful property.

SIGNED DAVY AQUILERA, SPECIAL AGENT BUREAU OF ATF

SUBSCRIBED AND SWORN TO BEFORE ME THIS 25TH DAY OF
FEBRUARY, 1993

DENNIS G. GREEN UNITED STATES MAGISTRATE JUDGE WESTERN
DISTRICT OF TEXAS-WACO