Link to Department of Justice Press Release
I still have questions about the date and contents of the juvenile criminal complaint filed in the Northern District of Indiana; and of the rationale supporting his detention so far from North Carolina, in light of federal juvie law. The hearing relating to charging as an adult was to have occurred in late May, May 22nd if I recall correctly. Rather a drawn out chain of events and timeline between arrest and indictment.
The case No. is 3:09-cr-00080-RLM and it is captioned "United States of America v. Lundeby".
U.S. District Court Northern District of Indiana [LIVE]
USDC Northern Indiana (South Bend)
CRIMINAL DOCKET FOR CASE #: 3:09-cr-00080-RLM All Defendants
Case title: United States of America v. Lundeby
Date Filed: 07/08/2009
Date Filed # Docket Text
07/08/2009 1 INDICTMENT as to Ashton C Lundeby (1) count(s) 1, 2-3.
(sdf) (Entered: 07/09/2009)
07/09/2009 3 NOTICE OF HEARING.Initial Appearance/ Arraignment as
to Ashton C Lundeby set for 7/10/2009 03:00 PM in US
District Court - South Bend before Magistrate Judge
Christopher A Nuechterlein. (slm) (Entered: 07/09/2009)
I obtained a copy of the 15 page indictment. Count 1 is an 18 USC 371 - Conspiracy.Count 2 is an 18 USC 844(e) offense for January 31, 2009 bomb threat hoax calls to IUPU-Fort Wayne.
Count 3 is an 18 USC 844(e) offense for February 15, 2009 bomb threat hoax calls to Purdue University.
Counts 2 and 3 recite "On or about the [date], in [Allen/Tippecanoe] County, Northern District of Indiana, and elsewhere, the defendant ...", and represent the ONLY specific threats charged, even though the body of the indictment recites some 15-20 individual bomb threat hoaxes of similar nature. Numbers 19-39 below are numbered paragraphs in the indictment.
The indictment names "partyvanpranks" and "xslowpokesx@yahoo.com", so information in this thread, above, referring to those identities, is in fact associated with this specific case.
Juvenile Arrested in Bomb Threat - March 6, 2009
The United States Attorney's Office announced that late yesterday evening, a juvenile was arrested pursuant to a federal warrant. The arrest stems from a false bomb threat directed to Purdue University on February 15 and similar threats directed to schools.
Juvenile Information Filed - May 7, 2009
... the United States Attorney for the Northern District of Indiana wishes to further announce that a juvenile information has been filed and is pending in the United States District Court for the Northern District of Indiana. That charge alleges a violation of Title 18, United States Code, Section 844(e) ...The government has filed a motion with the Court seeking to transfer the juvenile to adult status for prosecution pursuant to Title 18, United States Code, Section 5032; that motion is pending before the Court and is scheduled for a hearing during the month of May.
Federal Grand Jury Returns Indictment - July 8, 2009
Lundeby, 16, of Oxford, N.C., was arrested by the FBI at his home in Oxford on March 6, 2009. A federal search warrant was also executed at that time. Lundeby was arrested pursuant to a juvenile criminal complaint filed in the Northern District of Indiana. ...The U.S. Attorney’s Office filed a motion seeking to proceed against Lundeby as if he were an adult. The U.S. District Court in South Bend granted that motion and this indictment followed.
Lundeby must have agreed to waive the 30 day statutory timeline that pertains to "detention/trial" for a juvenile.
Putting the March and July releases together, one is invited to conclude that the arrest in March was pursuant to a criminal complaint, effectively a charging document. In other words, that he wasn't held without charge.
Now that he's been charged as an adult, fully named, etc., there is no privacy interest to protect in the earlier juvenile proceedings. His mother should move to obtain them (if she can't get them by simply paying the fee for obtaining copies), and if she won't, perhaps one of the interested press outlets (e.g., "Wired.com") will move to unseal the government formal charges, motions, etc. and his counsel's formal responses.