Man Indicted for Chemical Weapons Offenses

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the indictment of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged in three counts with violations of the chemical weapon statute (counts one and two), which prohibits individuals from possessing, stockpiling, or using a toxic chemical as a weapon; and with a violation of the consumer product tampering statute (count three).

The indictment alleges that in December 10, 2010 and December 23, 2010, Kimber received medical care at the Albany Medical Center and that on January 24, 2011, he wrote to complain about having to pay for his treatment. It further alleges that on February 22, 2011, the Albany Medical Center Associate Medical Director wrote back to explain why the bills were appropriate and discussed the outcome associated with the defendant having provided inaccurate information about his injury and his decision not to complete the care proscribed by his treating physician.

The indictment alleges that on March 2, 2012, Kimber spread mercury, a known toxic substance, throughout various areas of the Albany Medical Center cafeteria, including in and around food served to customers, and on and around heating elements use in food preparation. It further describes three previous instances, March 28, 2011, April 11, 2011, June 23, 2011, where mercury was spread around the hospital on days when New York State toll records establish the defendant traveled from his home in Ruby, New York and exited at the get-off for the Albany Medical Center. The indictment alleges that on March 2, 2012, Kimber’s activities were captured on hospital video surveillance cameras in the Albany Medical Center cafeteria—where mercury was subsequently found—including on food consumed by at least one patron. Canisters of mercury were subsequently found by law enforcement officers in Kimber’s home and car. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room. An emergency chemical response team at the Albany Medical Center responded promptly to the mercury contamination on each occasion and removed it from the premises.

The defendant was arrested on April 25, 2012 and is in jail, being held in pretrial detention. On March 2, 2012, following a detention hearing, United States Magistrate Judge Andrew T. Baxter determined that Kimber poses a serious danger to the community and that no combination of release conditions could be established to permit him to be released without continuing to pose a danger to the community.

A complaint filed in support of an arrest warrant was unsealed on April 26, 2012. It alleged that a search warrant was executed at Kimber’s house and automobile. Besides the seizure of two canisters of mercury, the complaint further alleged that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (The Turner Diaries) was observed during the search, which states on the cover page, “This book contains racist propagnda” and “The FBI said it was the blueprint for the Oklahoma City bombing. Searching officers further observed a Nazi swastika on a wall of Kimber’s home.

The two chemical weapons counts each contain a maximum possible term of life in jail and a fine of $250,000 or twice the gross loss to any victim. The consumer product tampering charge contains a maximum possible penalty of 10 years in jail and a fine of $250,000 or twice the gross loss to any victim.

Mercury is a known hazardous substance that has been very well-studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss, and somatosensory change. Mercury is readily absorbed through unbroken skin, by intestinal absorption after ingestion, and by inhalation of vapors. It accumulates in the body and can cause damage to internal organs including kidneys.

The allegations in the Indictment and criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the Towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorney Craig Benedict. Questions may be directed to AUSA Benedict at 315-448-0672.

FBI and Fresno County Sheriff’s Office Seek Information Regarding Harris Ranch Arson

During the early morning hours of Sunday, January 8, 2012, unidentified offenders cut through a fence at the Harris Feeding Company near Coalinga, California. Once inside, the offenders positioned numerous improvised incendiary devices, or IIDs, beneath tractor trailer rigs parked on the premises. After the offenders fled the area, timers on the IIDs initiated the detonation of each device. The ensuing fires destroyed 14 rigs with an estimated loss in excess of $2,000,000. While no drivers were sleeping in the rigs that night, several Harris Company employees were on site at the time of the detonation and could have easily been seriously injured or killed.

An anonymous claim of responsibility was subsequently released by the North American Animal Liberation Press Office, posted on several websites, and delivered to various media outlets.

We are very confident that we will solve this case. Our immediate concern is that the offenders have not yet been identified. They may still have hazardous or flammable materials or may be collecting more materials for another attack. The danger that this presents to all of us in the community cannot be overstated. There is a dramatic risk inherent in the construction and transportation of IIDs and in the collection of the very hazardous materials used to build them. Although the offenders may believe that they are being careful, each moment they spend working with these extremely sensitive and volatile materials places friends, family, neighbors, children, and other members of our community in grave danger. We are also concerned for our emergency first responders, the firefighters and deputy sheriffs who battled the fires at the Harris Company attack. They fortunately were not injured this time, but IIDs are unpredictable and often cause serious injury or death to brave men and women who serve our country and our community.

Based on these very real and urgent concerns, we are calling for the assistance of the public at this time. You or someone you know may possess knowledge of this crime. These offenders may have conducted surveillance and planning before positioning the devices and fleeing. Some of their actions may have drawn the attention and suspicion of members of our community. If you have any information about this attack, please contact us immediately. If you have direct knowledge of this crime but fear retaliation by those involved, there are steps and measures we can take to keep you safe. No one in our community should have to live in fear of these people again.

A substantial reward may be offered for information leading to the arrest and conviction of the persons responsible for this attack. Anyone with information is encouraged to please call the Fresno Sheriff’s Office at (559) 260-6530 or Federal Bureau of Investigation at (559) 436-4474.

Media Contacts:

Chris Curtis
Fresno County Sheriff’s Office, Public Information Officer
christian.curtis@fresnosheriff.org
(599) 488-5699

Lieutenant Rick Ko

Fresno County Sheriff’s Office, Special Investigations
rick.ko@fresnosheriff.org
(559) 600-8024

Gina Swankie

FBI Sacramento Division, Public Affairs Specialist
gina.swankie@ic.fbi.gov
(916) 599-2285

FBI and Fresno County Sheriff’s Office Seek Information Regarding Harris Ranch Arson

During the early morning hours of Sunday, January 8, 2012, unidentified offenders cut through a fence at the Harris Feeding Company near Coalinga, California. Once inside, the offenders positioned numerous improvised incendiary devices, or IIDs, beneath tractor trailer rigs parked on the premises. After the offenders fled the area, timers on the IIDs initiated the detonation of each device. The ensuing fires destroyed 14 rigs with an estimated loss in excess of $2,000,000. While no drivers were sleeping in the rigs that night, several Harris Company employees were on site at the time of the detonation and could have easily been seriously injured or killed.

An anonymous claim of responsibility was subsequently released by the North American Animal Liberation Press Office, posted on several websites, and delivered to various media outlets.

We are very confident that we will solve this case. Our immediate concern is that the offenders have not yet been identified. They may still have hazardous or flammable materials or may be collecting more materials for another attack. The danger that this presents to all of us in the community cannot be overstated. There is a dramatic risk inherent in the construction and transportation of IIDs and in the collection of the very hazardous materials used to build them. Although the offenders may believe that they are being careful, each moment they spend working with these extremely sensitive and volatile materials places friends, family, neighbors, children, and other members of our community in grave danger. We are also concerned for our emergency first responders, the firefighters and deputy sheriffs who battled the fires at the Harris Company attack. They fortunately were not injured this time, but IIDs are unpredictable and often cause serious injury or death to brave men and women who serve our country and our community.

Based on these very real and urgent concerns, we are calling for the assistance of the public at this time. You or someone you know may possess knowledge of this crime. These offenders may have conducted surveillance and planning before positioning the devices and fleeing. Some of their actions may have drawn the attention and suspicion of members of our community. If you have any information about this attack, please contact us immediately. If you have direct knowledge of this crime but fear retaliation by those involved, there are steps and measures we can take to keep you safe. No one in our community should have to live in fear of these people again.

A substantial reward may be offered for information leading to the arrest and conviction of the persons responsible for this attack. Anyone with information is encouraged to please call the Fresno Sheriff’s Office at (559) 260-6530 or Federal Bureau of Investigation at (559) 436-4474.

Media Contacts:

Chris Curtis

Fresno County Sheriff’s Office, Public Information Officer

christian.curtis@fresnosheriff.org

(599) 488-5699

Lieutenant Rick Ko

Fresno County Sheriff’s Office, Special Investigations

rick.ko@fresnosheriff.org

(559) 600-8024

Gina Swankie

FBI Sacramento Division, Public Affairs Specialist

gina.swankie@ic.fbi.gov

(916) 599-2285

Final Defendant in UW Horticulture Center Arson Pleads Guilty

Student who Built Fire Bomb, Drove Getaway Car Faces Seven-Year Sentence

The final participant in the 2001 arson of the University of Washington Center for Urban Horticulture pleaded guilty today in U.S. District Court in Tacoma, announced U.S. Attorney Jenny A. Durkan. JUSTIN SOLONDZ, 32, entered a guilty plea this morning to conspiracy and arson. Under the terms of the plea agreement, both the prosecutors and the defense will recommend a seven-year prison term. Judge Ronald B. Leighton can impose any sentence allowed by law. Judge Leighton scheduled sentencing for March 16, 2012.

“This was a dangerous and cowardly crime. This defendant and his group damaged the environment far more than their activism ever protected it,” said U.S. Attorney Jenny A. Durkan. “Not only did the UW blaze destroy endangered plants and important research, it posed a very real danger to the firefighters dedicated to fighting it. I commend the agents who tracked Mr. Solondz and brought him to justice.”

According to the plea agreement, SOLONDZ built the firebombs in a “clean room” behind an Olympia residence, transported them to Seattle, and remained in the car as a getaway driver during the arson. The plea agreement details how SOLONDZ left the country in 2005, and when he learned of arrests in the arson case, decided to stay abroad, traveling under a false name. In early 2009, SOLONDZ was arrested by Chinese authorities for manufacturing drugs. He was returned to the United States in July 2011, in the custody of the FBI.

The UW fire bombing was part of a string of 17 arsons across the west by the radical groups the Earth Liberation Front (ELF) and the Animal Liberation Front (ALF). The arson spree caused tens of millions of dollars in damage. In all, 15 people have been convicted of crimes related to a string of fires across the western United States investigated under “Operation Backfire.” All those connected with the UW arson have been ordered to share in restitution to the University of Washington and the State of Washington totaling $6,092,649.

Three other defendants, Jennifer Kolar, of Seattle, Washington; Lacey Phillabaum, of Spokane, Washington; and Briana Waters, of Oakland, California, have each pleaded guilty to the arson. Kolar was sentenced to a 60-month term of imprisonment for the UW Center for Urban Horticulture and other arsons. Phillabaum was sentenced to a 36-month term of imprisonment. Waters will be sentenced June 22, 2012. Under the terms of her plea agreement, both sides will recommend 48 months in prison. Waters served more than two-and-a-half years in prison following her conviction for the arson in 2008. That conviction was overturned in 2010. Waters entered a guilty plea in June 2011.

In addition to the defendants who have been convicted, the leader of the arson cell, and the fifth participant in the UW Center for Urban Horticulture arson, William C. Rodgers, 40, of Prescott, Arizona, was indicted by a federal grand jury in Seattle in connection with the case. However, Rodgers committed suicide in December 2005, while being held in the Coconino County Jail in Prescott, Arizona.

This case is the result of a 10-year investigation by law enforcement. The Seattle Fire Department battled the blaze. Participating in the extensive investigation were the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Eugene Police Department, the Oregon State Police, the University of Washington Police Department, and other state and federal law enforcement agencies.

The case is being prosecuted by Assistant United States Attorneys Andrew Friedman and Thomas Woods.

Tennessee Construction Company and Georgia Department of Transportation Agree to Pay $1.5 Million Penalty to Resolve Clean Water Act Violations

WASHINGTON – Wright Brothers Construction Co., of Charleston, Tenn., and the Georgia Department of Transportation (GDOT) have agreed to pay a $1.5 million penalty and spend more than $1.3 million to offset environmental damages to resolve alleged violations of the Clean Water Act (CWA), the Department of Justice and the Environmental Protection Agency (EPA) announced today.  The civil penalty is one of the largest ever under the CWA provisions prohibiting the unauthorized discharge of dredged or fill material into waters of the United States.

The complaint alleges that between 2004 and 2007, Wright Brothers, with approval from GDOT, piped and buried all or portions of seven primary trout streams in violation of the CWA. Wright Brothers was hired by GDOT to dispose of excess soil and rock generated during two GDOT highway expansion projects in northeast Georgia. The contracts between GDOT and Wright Brothers specifically required Wright Brothers to obtain written environmental clearance from GDOT prior to using any site as a fill site. GDOT approved sites that included streams considered to be waters of the United States.

Burying and piping streams can destroy valuable aquatic habitat and threatens water quality. The reduced water quality may have adversely impacted downstream trout populations, which are a major recreational resource to the region.   All of the streams that were filled are tributaries of either Lake Burton or Tallulah Falls Lake.

“Construction projects, including important expansions of highway infrastructure, must be conducted in full compliance with the Clean Water Act, which protects our nation’s waterways, aquatic habitats and recreational resources from harm,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “This settlement will restore and mitigate pollution of area streams for the benefit of the people of Georgia.”

“Dumping dirt and waste rock into our nation’s waters threatens water quality and aquatic habitats,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will restore damaged streams, protecting trout habitat and recreational opportunities for the people of northeastern Georgia.”  

“Through this enforcement action, we are sending a strong message about the importance of protecting headwater streams in the Southeast,” said Gwendolyn Keyes Fleming, EPA Region 4 Regional Administrator. “The streams impacted by the violations are designated by the state of Georgia as primary trout streams, which provide essential cold water habitat for a variety of species, support the robust recreational fishing industry in north Georgia, and thereby impact the health and well-being of many families.”

In Atlanta, U.S. Attorney Sally Quillian Yates said, “The citizens of Rabun County deserve to have our tributaries and streams kept free of unauthorized fill material and similar pollutants. This significant monetary agreement underscores the commitment of this office and the Justice Department to our water supply, its life sources and the environment.” 

Under the settlement, Wright Brothers and GDOT must perform injunctive relief measures, including purchasing 16,920 mitigation credits at an estimated retail cost of $1.35 million to offset the impacts to waters of the United States that cannot be restored. The credits must be purchased from mitigation banks servicing the area in which the violations occurred.  A mitigation bank is a wetland, stream or other aquatic resource area that has been set aside for the purpose of providing compensation for impacts to aquatic resources that occurred under a federal, state or local permit.

Wright Brothers and GDOT will also remove piping from and restore the bed and bank of 150 feet of stream channel that was impacted from their disposal activities. The estimated cost of this work is $25,000. When complete, the restorative measures required under the settlement will mitigate the 2,800 feet of stream impacted by the CWA violations.

The settlement is subject to a 30 day comment period and final court approval.   A copy of the consent decree will be available on the Justice Department website: Justice.gov/enrd/Consent_Decrees.html.