SAN DIEGO – John T. Earnest of Rancho Peñasquitos was
indicted by a federal grand jury this morning on civil rights, hate crime, and
firearm charges in connection with the murder of one person and the attempted
murder of 53 others at the Chabad of Poway Synagogue on April 27 and the March
24 arson of the Dar-ul-Arqam Mosque in Escondido.
The original complaint filed on May 7 charged Earnest with
54 counts of obstruction of free exercise of religious beliefs using a
dangerous weapon, resulting in death, bodily injury, and attempts to kill; 54
counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes
Prevention Act; and one count of damage to religious property by use of fire in
relation to the attempted arson of the mosque. The indictment adds four charges
for discharging a firearm during crimes of violence.
Earnest is scheduled to be arraigned on the indictment June
4, 2019 at 1:30 p.m. before U.S. Magistrate Judge Michael S. Berg.
According to the affidavit in support of the criminal
complaint, on April 27, Earnest drove to the Chabad of Poway Synagogue, where
members of the congregation were gathered to engage in religious worship
celebrating Shabbat and the last day of Passover. Earnest entered the building
armed with an AR-15 style semi-automatic rifle that was fully loaded with a
10-round magazine. He wore a chest rig that contained five additional
magazines, each loaded with 10 rounds of ammunition.
The affidavit alleges that while inside the Poway Synagogue,
Earnest opened fire, killing one person and injuring three other members of the
congregation, including a juvenile. During a pause when Earnest unsuccessfully
attempted to reload his firearm, several congregant members, including an
off-duty Border Patrol Agent, chased Earnest, and Earnest fled from the
Synagogue. Earnest was subsequently apprehended by law enforcement authorities
who discovered the AR-15 and additional magazines of ammunition in his car.
The affidavit further alleges that after the shooting, law
enforcement investigators found a manifesto online bearing Earnest’s name. In
the manifesto, Earnest made many anti-Semitic and anti-Muslim statements.
Specifically, Earnest referred to “Jews” as a race, and he stated his only
regret was that he did not kill more people.
According to the affidavit, Earnest also admitted in the
manifesto to the arson of the Dar-ul-Arqam Mosque in March 2019. The affidavit
alleges that on March 24, seven individuals were inside the mosque when they
smelled gasoline and saw flames coming through the crack of one of the mosque’s
doors. The individuals put out the fire, but not before the fire had damaged
the exterior of the mosque. The affidavit further alleges that surveillance
video showed a suspect arriving at the mosque in the same type of vehicle
Earnest used in committing the attack on the Synagogue. The defendant allegedly
claimed in his manifesto that he was inspired by the Tree of Life synagogue
shooting in Pittsburgh, Pennsylvania, and the recent shootings at two mosques
in New Zealand.
Assistant U.S. Attorneys Shane Harrigan, Peter Ko, John
Parmley, and Caroline Han, along with Trial Attorney Rose Gibson of the Civil
Rights Division, are prosecuting this case on behalf of the government. The
FBI, San Diego Sheriff’s Office, ATF, San Diego Police Department, and
Escondido Police Department conducted the investigation.
Some of the charges, by statute, make Earnest eligible for
the death penalty. The Attorney General will decide whether to seek the death
penalty at a later time. Earnest is currently in state custody pending state
criminal charges.
An indictment is merely an accusation and the defendant is
presumed innocent unless proven guilty in a court of law.
For more information about the Department of Justice’s work
to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop
portal with links to Department of Justice hate crimes resources for law
enforcement, media, researchers, victims, advocacy groups, and other
organizations and individuals.
DEFENDANT
Case Number 19cr1850
John T. Earnest
Age: 19
San Diego, CA
SUMMARY OF CHARGES
Obstruction of Free Exercise of Religious Beliefs Resulting
in Death and Bodily Injury; and Involving Attempt to Kill, Use of a Dangerous
Weapon - 18 U.S.C. §§ 247(a)(2),
247(d)(1) and 247(d)(3)
Maximum penalty: Life in prison or death and $250,000 fine
Hate Crime Acts – 18 U.S.C. § 249(a)(1)(B)(i)(ii)
Maximum penalty: Life in prison and $250,000 fine
Damage to Religious Real Property Involving Use of a
Dangerous Weapon or Fire – 18 U.S.C. §§ 247(a)(1), 247 (d)(3)
Maximum penalty: Twenty years in prison and $250,000 fine
Using and Carrying a Firearm During and In Relation to a
Crime of Violence – Title 18, U.S.C., Sec. and 924(c) and 924(j)
Maximum penalty: Life in prison or death and $250,000 fine,
mandatory minimum 10 years in prison
Using and Carrying a Firearm During and In Relation to a
Crime of Violence – Title 18, U.S.C., Sec. and 924(c)
Maximum Penalty: Life in prison and $250,000 fine, mandatory
minimum 10 years in prison
AGENCIES
Federal Bureau of Investigation
San Diego County Sheriff’s Department
San Diego Police Department
Bureau of Alcohol, Tobacco, Firearms and Explosives
San Diego County District Attorney’s Office
Escondido Police Department
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