Monster Media 1993 #2/Image.iso/text/waco_tex.zip/WARRANT.TXT

Text File | 1993-06-04 | 56KB | 1,051 lines

This computer generated copy of the Search Warrant, Probable
Cause Affidavit, Attachments A through D, Motion to Seal and Order
to Seal, consisting of 22 total pages (Search Warrant, 19 pages of
probable cause affidavit with 4 attachments, 1 page Motion to Seal
and 1 page Order to Seal) and any printed version produced therefrom
are: (c) Copyright, 1993, AEN News and Linda D. Thompson, 3850 South
Emerson Avenue, Suite E, Indianapolis, Indiana  46203. (317)
780-5200.  All Rights Reserved.  Please retain this copyright notice
in any reproduction.

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

Page 1 of 1 Page - 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, 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 States

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 of the 77 acre
compound See attached photographs and property descriptions.  in the
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 10 days) the person or place named above for the
person or property specified, serving this warrant and making the
search (in the daytime - 6:00 A.M. to 10:00 P.M.) and if the person
or property be found there to seize same, leaving a copy of this
warrant and receipt for the person or property taken, and prepare a
written inventory of the person or property seized and promptly
return this warrant to DENNIS G. GREEN, U.S. Magistrate, as
required by law.

Signed:  February 25, 2993, 8:43 p.m. at Waco, Texas by Dennis G.
Green, U.S. Magistrate. [PROBABLE CAUSE AFFIDAVIT FOLLOWS]
----------------------------------------------------------------------
      This computer generated copy of the Search Warrant, Probable
Cause Affidavit, Attachments A through D, Motion to Seal and Order
to Seal, consisting of 22 total pages (Search Warrant, 19 pages of
probable cause affidavit with 4 attachments, 1 page Motion to Seal
and 1 page Order to Seal) and any printed version produced therefrom
are: (c) Copyright, 1993, AEN News and Linda D. Thompson, 3850 South
Emerson Avenue, Suite E, Indianapolis, Indiana  46203. (317)
780-5200.  All Rights Reserved.  Please retain this copyright notice
in any reproduction.  Typos and lack of punctuation appear as they
are in the warrant.


PAGE 1 OF 19 PAGES - Probable Cause Affidavit in Support of Search
Warrant

                         AFFIDAVIT

I, Davy Aguilera, 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 manufacture, possess, transfer, or to transport or ship
in interstate commerce machineguns, machinegun conversion parts, or
explosives which are 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 Lieutenant Gene Barber, McLennan County
Sheriff's Department, Waco, Texas, who has received extensive
training in explosives classification, identification and the
rendering safe of explosive devices and has been recognized in
Federal Court as an expert witness in this field.  Lt. Barber stated
that he had received information 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 know n as the
"Mag-Bag", Route 7, Box 555-B, Waco, Texas, 76708, 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.

 PAGE 2 OF 19 PAGES

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 over the past
six month as at the "Mag-Bag" location which are registered to
Vernon Wayne Howell, aka:  David Koresh.Lieutenant Barber further
stated that the UPS employee, 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
Waco, 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 the 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 collect 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 gunpowder 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 Lieutenant 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 identify 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

 PAGE 3 OF 19 PAGES

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 60 rounds of ammunition.  I have been involved in many cases
where defendants, following a relatively simple process, convert
where defendants, following a relatively 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 utilized by the
converter.

Lieutenant Barber related to me the following 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 net 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 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 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 Mt. 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 Mount Carmel Center property.

Lieutenant Barber furnished me with recently taken aerial
photographs of the Mount Carmel Center which had been taken by

 PAGE 4 OF 19 PAGES

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 Cervenka, a
known long time McLennan County citizen, schwa lives near the Mount
Carmel Center compound, had, on several occasions, from January
through February of 1992, heard machinegun fire coming from the
compound property.  Mr. Cervenka offered law enforcement authorities
his residence to be used as a surveillance post.

On July 21, 1992, I met with Robert L. Cervenka, Route 7, Box 103,
Riesel, Texas.  Mr. Cervenka farms the property surrounding the east
side of the Mount Carmel property.  Mr. Cervenka stated that 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, I spoke with Lieutenant Gene Barber who told
me that Mr. Cervenka, whose ranch is adjacent to the Mount Carmel
Property, had reported hearing bursts of gunfire from the Mount
Carmel compound on November 8, 1992, at approximately 2:45 p.m.

On June 8, 1992, based on information gained from Gilbreath by
Lieutenant Barber, I interviewed Dave Kaupert, Olympic Arms Inc.,
Olympia, Washington, a company which had shipped several parcels to
David Koresh at the "Mag-Bag", Route 7, Box 555-B, Waco. Texas.  Mr.
Kaupert told us that the records of Olympic Arms Inc., indicated
that approximately forty-five (45) AR-15/M16 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 on delivery.

On January 13, 1993, I interviewed Larry Gilbreath in Waco, Texas,
and confirmed the information which had 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
other boxes the contents of which were "pineapple" type hand
grenades which he believed to be inert.  He stated that there were
about fifty of the grenades and the he later delivered them to
the

 PAGE 5 OF 19 PAGES

Mount Carmel Center.  The Mount Carmel Center is that tract of land
depicted in the photograph labelled "Attachment B", with the main
residential structure being depicted in "Attachment C."

Mr. Gilbreath stated that these suspicious packages were usually
addressed to "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.  Upon
arriving at the Mount Carmel Center, he was usually met by Perry
Jones or, on occasions, 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 Jersey, 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$254.95.

Also on June 8, 1992, I interviewed Cynthia Aleo, Owner/Manager,
Nasard 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 EZ 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. Also stated that the total amount of  sales to the Mag-Bag was
$1227.00.  Within the past month, I have spoke n with Curtis
Bartlett, Firearms Technician with BATF and have learned that
Nasard 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 Firearms Registration and Transfer Record, Washington,
D.C., to determine if Vernon W. Howell and/or Paul G. Fatta, one of
Howell's closest followers, 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 licensed as Firearms 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 Bureaus 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 or manufacturers.  The result of
this

 PAGE 6 OF 19 PAGES

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
      barrels.
      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 EZ 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

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Alcohol, Tobacco and Firearms, for violations of 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 Service, Waco,
Texas, who wished to remain anonymous.  This person told Jones that
Marshal Keith Butler, a relative of the person who wishes to remain
anonymous, 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 the McClennan 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
explosion 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 Services, Waco, Texas.  Special
Agent Torres told me that Ms. Sparks received a complaint from
outside the State of Texas, that David Koresh 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.

 PAGE 8 OF 19 PAGES

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
thorough part of the building 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 that 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
activity and that the inside of the structure looked quite different
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.  He then would
change the subject.

Ms. Sparks said that she noticed a trap door in the floor at one end
of the building.  When 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 no know the make or caliber of them.  She
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 disturb 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

 PAGE 9 OF 19 PAGES

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 happen 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
was always 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 they were 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
plastic 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 Hospital, 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

 PAGE 10 OF 19 PAGES

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, according 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 several 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 at the
Mount Carmel Center while she was there.  She stated that she saw
several of the AR-15 rifles and at least one of the 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 the "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
enforcement 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.

 PAGE 11 OF 19 PAGES

On January 1, and January 3, 1992, Mrs. Poia Vaega of Mangers,
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 1, 1993, was reduced to writing and furnished to me.
Special Agent Buford's interview on January 3, 1993, was tape
recorded with the permission of Poia Vaega and has since been
transcribed and typewritten.  Both the tape recording and the
transcription was furnished to me by Special Agent Buford.  Both
interviews with Poia Vaega revealed a false 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 girls and women at the compound
were exclusively reserved for Howell.  She stated that Howell would
preach his philosophy, which did not always coincide with the Bible,
for hours at a time.  She and her husband left the compound for ten
(10) days because her husband did not agree with Howell's doctrine,
but that her two sisters stayed behind.

Mrs. Vaega also related that 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 request from me to render an opinion on device design,
construction, functioning, effects, 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 available to
Howell, became explosives devices as defined by Federal law.
Finally he stated that black powder, is routinely

 PAGE 12 OF 19 PAGES

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, either designed or intended 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 (5th Cir.
 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 Elizabeth.  He was once a member of the "Branch Davidian"
in Waco, Texas.  He lived at the Mount Carmel Center 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 who attempted to come through the entrance gate of
the Mount Carmel property.  On one occasion, Howell told him that
he wanted to obtain and/or manufacture machineguns, grenades and
explosive devices.  Howell stated he thought that the gun control
laws were ludicrous, because an individual could easily acquire a
firearm and the necessary parts to convert it to a machinegun, but
if a person had the gun and the parts together the y 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 formulas 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 this investigation.  He related the results of his inquiry to the
ATF Firearms Technology Branch, Washington, D.C., for an opinion
concerning the firearms parts which have been accumulated by Howell
and his group.  Special Agent Dunagan stated that he had spoken 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 received 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 machineguns which include these type parts.

 PAGE 13 OF 19 PAGES

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 a search 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 offices 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" so they fell easily within a loophole in the Federal law
which prohibited ATF from seizing the parts.  Special Agent Mutz
stated that the company had all the necessary parts to convert AR-15
rifles and semi-automatic 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 the firearms which he is apparently trying to
convert to fully automatic.

Mr. Bartlett told me that another one of the vendors of supplies to
Howell, Nasard Gun Parts Co., 27 W. 990 Industrial Rd., Barrington,
Ill., has also been the subject of an ATF investigation.  Officer of
that company, Gerald Graysan Cynthia Aleo and Anthony Aleo all pled
guilty to ATF charges.  The Nasard Co., which owned Sandra
Corporation, was shipping AR-15 receivers through the Sandra Corp.,
along with part kits from the Nasard 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 Nasard 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
13,1992.  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 metal
milling machine which were normally operated by Donald Bunds and
Jeff Little.  Donald Bunds, a mechanical engineer, has the
capability to fabricate firearm parts, according to Block.  On one
occasion at the Mount Carmel Center, he observed to Bunds designing,
what Bunds described as a "grease gun/stan gun" on an Auto Cad
Computer located at the residence building at the compound.  The
computer has the capability of displaying a three dimensional

 PAGE 14 OF 19 PAGES

rendering of objects on a computer monitor screen.  The object
appeared to be a cylindrical tube with a slot 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 Bunds 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 knew 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. Block was present
several occasions when Howell would ask 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 reactivate
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 February 22, 1993, ATF Special Agent Robert Rodriguez 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 Rodriguez was asked numerous questions about his
life.  After answering all the questions Special Agent Rodriguez was
asked to attend a two week Bible session with David Koresh.  This
was for Special Agent Rodriguez to learn the 7 seals and become a
member of the group.  Special Agent Rodriguez was told that by
becoming a member he (Rodriguez) was going to be watched and
disliked.  David Koresh stated that Special Agent Rodriguez would be
disliked because the Government did not consider the group religious
and that he (Koresh) did not pay taxes or local taxes

 PAGE 15 OF 19 PAGES

because he felt he did not have to.  David Koresh told Special Agent
Rodriguez 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 Rodriguez if he knew that if he (Rodriguez)
purchased a drop-in-Sear for an AR-15 rifle it would not be illegal,
but if he (Rodriguez) 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 t he Bible gave him the
right to bear arms.  David Koresh then advised Special Agent
Rodriguez that he had something he wanted Special Agent Rodriguez to
see.  At that point he showed Special Agent Rodriguez a video tape
on 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 locally as the Mount
Carmel Center 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 engaged in the unlawful manufacture and
possession of machineguns and explosive devices to employ
surreptitious methods and means to acquire the products necessary
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 weaponry.

                           /s/  Davy Aguilera
                                Bureau of ATF

Subscribed and sworn to before me this 25th day of February 1993.

                         /s/     Dennis G. Green,
                                 United States Magistrate Judge
                                 Western District of Texas - Waco
Division


 PAGE 16 OF 19 PAGES

                           ATTACHMENT A

The residence of Vernon Wayne Howell, and others, described as a
large two story tan structure with a light grey composition roof,
several breaks in the roof line and white shutters on the windows;
the center of the complex which appears to be an observation tower.
There is a rusty cylindrical water tank at the north end of the
structure which is approximately 60 feet in height.  There are also
numerous vehicles of various makes and models around the structure,
as well as several outbuildings located on the premises which is
approximately 70 to 80 acres in size.  At the entrance driveway to
the premises is a small shack.

To locate the property begin at Exit number 300, Lop 340 and Texas
Highway number 6, at its intersection with Interstate Highway 35,
just south of Waco, McLennan County, Texas, go east on Loop 340,
which curves into a northerly direction for approximately 8.1 miles
to its intersection with Texas Farm Road number 2491.  Turn right,
or east on Farm Road 2491, and proceed for approximately 5.6 miles
to its intersection with Double EE Ranch Road/County Road number
222.  Turn left, or north and proceed approximately .4 of a mile to
the entrance driveway which is on the right or east side of Double
EE Ranch Road.  At the entrance to the property is one small mailbox
and one large mailbox accompanied by a Waco Tribune Herald mailbox
and one large mailbox accompanied by a Waco Tribune Herald delivery
box which is yellow in color with black printing upon it.  Affiant
and other authorized agents seek to search the entire 70-80 acre
compound, including all buildings, vehicles and structures on the
premises located both above and below the ground.

PHOTOGRAPHS OF PROPERTY ARE ATTACHED AND MADE A PART HERETO.

 PAGE 17 OF 19 PAGES-ATTACHMENT B - Photographs

 PAGE 18 OF 19 PAGES- ATTACHMENT C - Photographs

 PAGE 19 OF 19 PAGES
                           ATTACHMENT D

        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, machinery
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 be limited to metal lathes and m 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 58 45(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
thereon. This is to include any disks, manuals, printouts and other
assorted computer equipment.

        This computer generated copy of the Search Warrant, Probable
Cause Affidavit, Attachments A through D, Motion to Seal and Order
to Seal, consisting of 22 total pages (Search Warrant, 19 pages of
probable cause affidavit with 4 attachments, 1 page Motion to Seal
and 1 page Order to Seal) and any printed version produced therefrom
are: (c) Copyright, 1993, AEN News and Linda D. Thompson, 3850 South
Emerson Avenue, Suite E, Indianapolis, Indiana  46203. (317)
780-5200.  All Rights Reserved.  Please retain this copyright notice
in any reproduction.  Typos and lack of punctuation appear as they
are in the warrant.

PAGE 1 OF 1 PAGE - Motion to Seal

                   UNITED STATES DISTRICT COURT
                    WESTERN DISTRICT OF TEXAS     Filed Feb. 28, 1993
                           WACO DIVISION

UNITED STATES OF AMERICA         )
                                 )           CRIMINAL NO. W93-15M
V.                               )
                                 )
IN RE:  SEARCH OF THE RESIDENCE  )
OF VERNON WAYNE HOWELL, AND      )
OTHERS, RT. 7, BOX 471-B,        )
ALSO KNOWN AS THE MOUNT CARMEL   )
CENTER, WACO, MCLENNAN COUNTY,   )
TEXAS, ITS APPURTENANCES,        )
VEHICLES AND UNDERGROUND         )
STRUCTURES LOCATED ON THE        )
ENTIRE PREMISES OF THE           )
77 ACRE COMPOUND                 )

                    GOVERNMENT'S MOTION TO SEAL

        Comes now the United States of America, by and through the
United States Attorney for the Western District of Texas, and moves
this Honorable Court for an order that this motion, along with the
Search Warrant and Affidavit and other related papers in this case
be placed under seal of the Court until further order.  The basis of
this action is the need to ensure the integrity of an ongoing
criminal investigation against Vernon Wayne Howell and others.  It
is believed that evidence may be altered or d should the direction
of the investigation become evident.

                               Respectfully submitted,

                               RONALD F. EDERER
                               UNITED STATES ATTORNEY

                               By:

                               (/s/ William L. Johnstone)
                               Assistant U.S. Attorney
                               P.O. Box 828
                               Waco, TX  76703
                               [phone]

        This computer generated copy of the Search Warrant, Probable
Cause Affidavit, Attachments A through D, Motion to Seal and Order
to Seal, consisting of 22 total pages (Search Warrant, 19 pages of
probable cause affidavit with 4 attachments, 1 page Motion to Seal
and 1 page Order to Seal) and any printed version produced therefrom
are: (c) Copyright, 1993, AEN News and Linda D. Thompson, 3850 South
Emerson Avenue, Suite E, Indianapolis, Indiana  46203. (317)
780-5200.  All Rights Reserved.  Please retain this copyright notice
in any reproduction.  Typos and lack of punctuation appear as they
are in the warrant.

PAGE 1 OF 1 PAGE - ORDER TO SEAL

                   UNITED STATES DISTRICT COURT
                     WESTERN DISTRICT OF TEXAS    Filed Feb. 28, 1993
                           WACO DIVISION

UNITED STATES OF AMERICA        )
                                )      CRIMINAL NO. W93-15M
V.                              )
                                )
IN RE:  SEARCH OF THE RESIDENCE    )
OF VERNON WAYNE HOWELL, AND   )
OTHERS, RT. 7, BOX 471-B,       )
ALSO KNOWN AS THE MOUNT CARMEL  )
CENTER, WACO, MCLENNAN COUNTY,  )
TEXAS, ITS APPURTENANCES,       )
VEHICLES AND UNDERGROUND )
STRUCTURES LOCATED ON THE     )
ENTIRE PREMISES OF THE        )
77 ACRE COMPOUND                )

                           ORDER TO SEAL

   The Government having moved to seal the Search Warrant and
   Affidavit, and all other related papers in this case, and the
   Court finding said motion meritorious;

   IT IS HEREBY ORDERED that the Government's Motion to seal the
   Search Warrant and Affidavit, and all other related papers in
   this case be sealed until further ordered by this Court.

   SIGNED on this the 25th day of February, 1992.

                                  /s/ DENNIS S. GREEN
                                      UNITED STATES MAGISTRATE JUDGE

This computer generated copy of the Search Warrant, Probable Cause
Affidavit, Attachments A through D, Motion to Seal and Order to
Seal, consisting of 22 total pages (Search Warrant, 19 pages of
probable cause affidavit, 1 page Motion to Seal and 1 page Order to
Seal) and any printed version produced therefrom are: (c) Copyright,
1993, AEN News and Linda D. Thompson, 3850 South Emerson Avenue,
Suite E, Indianapolis, Indiana 46203. [phone]. All Rights
Reserved. Please retain this copyright notice in any reproduction.