OKLAHOMA CITY — A federal jury has convicted Jerry Drake
Varnell, 24, of Sayre, Oklahoma, for attempting to use a weapon of mass
destruction at BancFirst in downtown Oklahoma City, announced Robert J.
Troester of the U.S. Attorney’s Office.
Jurors began hearing testimony on February 12 and
entertained closing arguments this morning.
After a half-day of deliberation, they returned unanimous verdicts of
guilty on one count of attempting to use an explosive device to damage a
building in interstate commerce and one count of attempting to use a weapon of
mass destruction against property used in interstate commerce.
The FBI arrested Varnell at approximately 1:00 a.m. on
August 12, 2017, after he attempted to detonate what he believed to be an
explosives-laden van he had parked in an alley next to BancFirst, at 101 North
Broadway. The arrest was the culmination
of a long-term domestic terrorism investigation involving an undercover
operation, during which Varnell had been monitored closely for months as the alleged
bomb plot developed. The explosives were
inert, and the public was not in danger.
FBI had received information that Varnell initially wanted to blow up
the Federal Reserve Building in Washington, D.C., with a device similar to the
1995 Oklahoma City bombing because he was upset with the government.
On October 17, 2017, a federal grand jury charged Varnell
with attempting to use an explosive device to damage and destroy BancFirst’s
corporate offices. After a psychological
evaluation, the court entered an order on November 21, 2017, that found him
competent to stand trial. The grand jury
returned a superseding indictment on April 17, 2018, that added one count of
attempting to use a weapon of mass destruction.
At trial, the jury heard testimony from an informant who
made recordings of his conversations with Varnell. It also heard from the undercover FBI agent
who helped Varnell build what he thought was a bomb, an FBI bomb technician,
and others. It listened to numerous
recordings in which Varnell planned the attack and reviewed numerous written
electronic communications that corroborated his intent. Furthermore, it heard the testimony of a
defense expert concerning Varnell’s mental health. Through its verdicts, the jury concluded any
mental health problems did not prevent Varnell from forming the intent required
for conviction. It also determined the
FBI did not entrap him.
Varnell will remain in custody until his sentencing, which
will take place in approximately ninety days.
He faces a maximum sentence of life for attempting to use a weapon of
mass destruction and a maximum sentence of twenty years for attempting to use
an explosive device. The
explosive-device count carries a statutory mandatory minimum sentence of five
years. He could also be fined $250,000
on each count and subject to supervised release for the rest of his life.
This investigation was conducted by the FBI Joint Terrorism
Task Force, including members from the Oklahoma City FBI; Homeland Security
Investigations, part of the U.S. Department of Homeland Security; the Oklahoma
City Police Department; the Edmond Police Department; the Oklahoma Highway
Patrol; the Oklahoma Bureau of Narcotics and Dangerous Drugs; and the Oklahoma
State Bureau of Investigation. The FBI
worked in conjunction with BancFirst during the investigation. Oklahoma District Attorney Angela Marsee, of
District 2, also provided assistance.
The case is being prosecuted by Assistant U.S. Attorneys Matt Dillon and
Mark R. Stoneman, with assistance from the Justice Department’s
Counterterrorism Section.
Reference is made to court records for further information.
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