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.

Kremmling Man Arrested for Sending Letter Containing White Powder to Colorado Department of Revenue

DENVER—Matthew O’Neill, age 51, of Kremmling, Colorado, was arrested without incident yesterday by special agents with the FBI and U.S. Postal Inspection Service, after being charged by criminal complaint for false information and hoaxes related to a terrorism offense. O’Neill is scheduled to appear in U.S. District Court in Denver this afternoon before Magistrate Judge Kathleen M. Tafoya, where he will be advised of the charge pending against him.

According to the affidavit in support of the criminal complaint, on May 25, 2011, a mail room employee with the Colorado Department of Revenue received a letter-sized manila envelope addressed to the State of Colorado; Colorado Department of Revenue; 1375 Sherman Street in Denver. The envelope had Postal Service markings indicating that it was mailed from the United States Post Office in Kremmling, Colorado. The return address indicated that the envelope was mailed by Matthew O’Neill.

A mail room employee opened the envelope, removing the documents and attaching them to the outside of the envelope. This process is common for all documents mailed to the Department of Revenue. The envelope went to a Department of Revenue employee working on O’Neill’s state tax case. That person took the envelope to her office, and placed it on her desk. An unidentified white powder then fell out of the envelope and onto the desk. The envelope and its contents were then taken to another person’s office. That person promptly placed the enveloped on the desk, left the office, locking the door behind her. She then contacted the Colorado State Patrol and 911. Both employees believed that they had been exposed to some kind of harmful chemical or biological substance, so they attempted to decontaminate themselves by washing their hands.

The Denver Fire Department HAZMAT team entered the building utilizing proper protective equipment to maintain their safety while dealing with an unknown hazardous substance. The HAZMAT team field tested the powder in the envelope, discovering it was sodium bicarbonate, a non-hazardous substance. Further investigation led agents and officers to O’Neill’s post office box and ultimately his residence in Kremmling. According to the documents contained in the original envelope, O’Neill owed over $15,000 in back taxes from 2006 and 2007 to the State of Colorado.

If convicted, O’Neill faces not more than five years in federal prison and up to a $250,000 fine for false information and hoaxes related to a terrorism offense.

This case was investigated by the FBI’s Joint Terrorism Task Force (JTTF), and the U.S. Postal Inspection Service with support from the Colorado State Patrol, the Denver Fire Department and the Kremmling Police Department.

This case is being prosecuted by Assistant U.S. Attorney Greg Holloway.

A criminal complaint is a probable cause charging document. Anyone accused of committing a felony violation of federal law has a constitutional right to be indicted by a federal grand jury.

The charge contained in the criminal complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty.

Tucson Man Indicted and Arrested for Production and Use of Chemical Weapons

TUCSON, AZ—A federal grand jury returned a two-count indictment today against Todd Russell Fries, aka Todd Burns, of Tucson, for allegedly producing and using chemical weapons. Agents from the Federal Bureau of Investigation arrested Fries earlier this morning, and he is detained pending his appearance before a federal Magistrate Judge. Fries, 48, faces felony charges of prohibition against chemical weapons, according to the indictment unsealed this morning.

“This defendant developed and executed a chlorine gas attack that impacted an entire neighborhood and had the potential to cause tremendous harm and fear,” said U.S. Attorney Dennis K. Burke. “I commend our partners at the FBI for their diligence on this case, and we expect justice to be served.”

Robert C. Rudge, FBI Acting Special Agent in Charge, Phoenix Division, added, “Today’s indictment and arrest of Todd Fries illustrates the commitment by the FBI to protect the public from those who allegedly possess and use chemical weapons. Whenever a person chooses to use dangerous chemicals as a weapon, it puts the entire community at risk. The FBI and our law enforcement partners are working collectively to protect the citizens of Arizona.”

The indictment alleges that on August 2, 2009, Fries placed chemical devices in the front and back yard of a couple living on the northwest side of Tucson. When ignited, the devices produced a football field-sized cloud of chlorine gas that hovered over the neighborhood and resulted in the evacuation of numerous families in the area.

A conviction for prohibition against chemical weapons carries a penalty of prison time, a $250,000 fine, or both. In determining an actual sentence, the District Court Judge who presides over the case will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by the FBI. The prosecution is being handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER: CR-11-1751TUC

RELEASE NUMBER: 2011-091(Fries)

Terrorists Using Chlorine Car Bombs to Intimidate Iraqis

Editor's Note: The information is relevant to domestic law enforcment.
American Forces Press Service

June 6, 2007 – Anyone who doubts that al Qaeda would use chemical, nuclear or biological weapons need only look at the terror group's attacks in Iraq, Defense officials said. Al Qaeda and affiliated groups have used chlorine gas in attacks against civilians, Iraqi forces and coalition forces at least 15 times since October, according to U.S. officials in Baghdad.

"Chlorine is used by terrorists with the intent to harm or kill large numbers of civilians," an official said. "The attacks show that the terrorists are adaptable, but it reflects more on their maliciousness than their sophistication."

The first documented chlorine attack was Oct. 21, 2006, in Ramadi, a Multinational Force Iraq spokeswoman said. In that attack, terrorists drove a car bomb with 12 120 mm mortar shells and two 100-pound chlorine tanks. The attack wounded three Iraqi police officers and a civilian.

The first attack that received media attention was at Taji, where terrorists remotely detonated a 5-ton truck packed with 100 pounds of high explosives and two 1-ton chlorine tanks. The attack killed one civilian and wounded 114 others.

Other chlorine attacks occurred in Fallujah, Balad and Ramadi. The most recent attack was June 3 against Forward Operating Base Warhorse, in Diyala province. Again, a suicide car bomber launched the attack, and officials estimate it included two tanks of chlorine and 1,000 pounds of explosive. The cloud from the attack blew over Warhorse and sickened 65 servicemembers, Multinational Force Iraq officials said. All were examined and returned to duty.

Officials in Baghdad cannot tell from their records if anyone has died from chlorine inhalation. A Multinational Force Iraq spokesman said there are anecdotal reports that while the blasts from the attacks have killed, few have died solely from the gas. "We hear that an old man and some babies may have been killed, but we can't pin that down," the spokesman said.

"We have seen attempts made by insurgent forces - al Qaeda in particular - to use debilitating agents like chlorine in their (improvised explosive devices and car bombs) to cause casualties beyond just concussion and blast," Pentagon spokesman Bryan Whitman said.

Whitman said the attacks have been of limited effectiveness, but that does not lessen concerns. "We continue to look at ways to prevent those materials from making their way to those who plant explosive devices," he said.

This is a difficult proposition because many chemicals, like chlorine, have legitimate civilian uses. Chlorine is used to purify water and in other industrial processes.

Without getting into details that could jeopardize operational security, U.S. servicemembers have gear to protect them from such weapons, a Pentagon official said. So the terrorists aim the weapon at civilians in an effort to intimidate populations.

"The car bombs themselves are designed to target innocent civilians," Whitman said. "It reflects the brutality of the enemy we are facing and the total disregard of life to use such an indiscriminate nature."

Article sponsored by criminal justice online leadership; and, police and military personnel who have authored books.