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To: ContentiousObjector
What criminal enterprise did they engage in?

Say "self defence"
88 posted on 04/19/2003 4:09:57 PM PDT by the_daug
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To: the_daug
What criminal enterprise did they engage in?

The manufacture of illegal weapons.

Here - here is an excerpt from the affidavit (that normally accompanies the 'warrant') detailing some of the materials they were having 'shipped in':

On June 9, 1992, I was contacted by Lt. Barber who told me that he had learned from Larry Gilbreath that in June of 1992, the UPS delivered 90 pounds of powdered aluminum metal and 30 to 40 cardboard tubes, 24 inches in length and 1 1/4 to 1 1/2 inches in diameter, which were shipped from the Fox Fire Company, Pocatello, Idaho, to "Mag-Bag." From another shipper whose identity is unknown, to parcels containing a total of 60 M-16/AR-15 ammunition magazines were delivered by UPS to the "mag-Bag" on June 8, 1992. I know based upon my training and experience that an AR-15 is a semi-automatic rifle practically identical to the M-16 rifle carried by United States Armed Forces. The AR-15 rifle fires .223 caliber ammunition and, just like the M-16, can carry magazines of ammunition ranging from 30 to 60 rounds of ammunition. I have been involved in many cases where defendants, following a relatively simple process, convert AR-15 semi-automatic rifles to fully automatic rifles of the nature of the M-16. This conversion process can often be accomplished by an individual purchasing certain parts which will quickly transform the rifle to fire fully automatic. Often times templates, milling machines, lathes and instruction guides are utilized by the converter.

Lt. Barber furnished me with recently taken aerial photographs of the Mt. Carmel Center which had been taken by Captain Dan Weyenberg of the McClennan County Sheriff's Department, Waco, Texas. Among the things noted in the photographs was a buried bus near the main structure and an observation tower, approximately three or four stories tall with windows on all four sides enabling a view from the structure of 360 degrees.

I was also advised by Lt. Barber that Robert Cervenka, a known long time McClennan County citizen, who lives near the Mt. Carmel Center compound, had, on several occasions, from January through February of 1992, heard machine gun fire coming from the compound property. Mr. Cervenka offered law enforcement authorities his residence to be used as a surveillance post.

On July 21, 1992, I met with Robert L. Cervenka, Route 7, Box 103, Riesel, Texas. Mr. Cervenka farms the property surrounding the east side of the Mt. Carmel property. Mr. Cervenka stated that he has farmed that area since 1948. From about January and February of 1992 he has heard machine gun fire on the Vernon Howell property during the night hours. He is familiar with and knows the sound of machine gun fire because he did a tour overseas with the US Army. He believes that some of the gunfire he heard was being done with .50 caliber machine guns and possibly M-16 machine guns.

On November 13, 1992, I spoke with Lt. Gene Barber who told me that Mr. Cervenka, whose ranch is adjacent to the Mt. Carmel property, had reported hearing bursts of gunfire from the Mt. Carmel compound on November 8, 1992, at approximately 2:45 p.m.

On June 8, 1992, based on information gained from Gilbreath by Lt. Barber, I interviewed Dave Haupert, Olympic Arms Inc., Olympia Washington, a company which had shipped several parcels to David Koresh at the "Mag-Bag", Route 7, Box 555-B, Waco, Texas. Mr. Haupert told me that the records of Olympic Arms Inc., indicated that approximately forty-five AR-15/M-16 rifle upper receiver units, with barrels of various calibers, had been shipped from March through April of 1992 to the Mag-Bag corporation for a total cost of $11,107.31, cash on delivery.

On January 13, 1993, I interviewed Larry Gilbreath in Waco, Texas, and confirmed the information which had previously been related to me by Lt. Barber. Mr. Gilbreath told me that although he had been making deliveries at the "Mag-Bag" and the Mt. Carmel Center for quite some time, his suspicion about the packages being delivered to those places was never aroused until about February 1992. At that time the invoices accompanying a number of packages reflected that they contained firearm parts and accessories as well as various chemicals. He stated that in May 1992, a package which was addressed to the "Mag-Bag" accidentally broke open while it was being loaded on his delivery truck. He saw that it contained three other boxes, the contents of which were "pineapple" type hand grenades which he believed to be inert. He stated that there were about 50 of the grenades and that he later delivered them to the Mt. Carmel Center. The Mt. Carmel Center is that tract of land depicted in the photograph labeled "attachment B" with the main residential structure being depicted in "attachment C."

Mr. Gilbreath stated that these suspicious packages were usually addressed to the "Mag-Bag" or to David Koresh. When he would stop to deliver them to the "Mag-Bag" he was met most of the time by Woodrow Kendrick and on other occasions by Steve Schneider. They would have him wait while they telephoned the Mt. Carmel Center to tell them that UPS was coming with a COD package. He would be instructed to take the package(s) to the Mt. Carmel Center. Upon arriving at the Mt. Carmel Center he was usually met by Perry Jones or on occasion by Steve Schneider who would pay the COD charges in cash and would accept delivery of the shipments.

On this same date, June 8, 1992, I interviewed Glen Deruiter, manager, Sarco Inc., Stirling, New Jersey, and learned from him that in May of 1992 their company shipped one M-16 parts set kit with a sling and magazine to the "Mag-Bag" in the name of David Koresh. The total value of these items was $284.95.

Also on June 8, 1992, I interviewed Cynthia Aleo, Owner/manager Nesard Gun Parts Co., Barrington, Illinois, and learned from her that in May of 1992 her company shipped to the "Mag-Bag" 2 M-16 machine gun CAR kits and 2 M-16 machine gun EZ kits. These kits contain all the parts of an M-16 machine gun except for the lower receiver unit which is the "firearm" by lawful definition. Ms. Aleo stated that the total amount of sales to the "Mag-Bag" was $1227.00. Within the past month I have spoken with Curtis Bartlett, firearms technician with BATF and have learned that Nesard Co. has been under investigation in the past by BATF for engaging in a scheme to supply parts which would enable individuals to construct illegal weapons from various component parts.

On June 23, 1992, I spoke with ATF compliance inspector Robert Souza, Seattle, Washington, who inquired about the "Mag-Bag" corporation, Route 7, Box 555, Waco, Texas. He had received some invoices reflecting a large quantity of upper receivers and AR-15 parts being shipped to "Mag-Bag", Waco, Texas, from Olympic Arms Inc., 624 Old Pacific Highway, SE, Olympia, Washington. Inspector Souza faxed me copies of invoices reflecting purchases of twenty AR-15 upper receiver units with barrels by the "Mag-Bag" on March 26 and 30, 1992. These items are in addition to the items referred to above.

As a result of my investigation of shipments to Howell/Koresh and Mike Schroeder at the "Mag-Bag" Corporation, Waco, Texas, through UPS and the inspection of the firearms records of Henry McMahon, dba Hewitt Handguns, Hewitt, Texas, I have learned that they acquired during 1992 the following firearms and related explosive paraphernalia:

104 AR-15/M-16 upper receiver groups with barrels 8,100 rounds of 9MM and .223 caliber ammunition for AR-15/M-16 20 100 round capacity drum magazines for AK-47 rifles 260 M-16/AR-15 magazines 30 M-14 magazines 2 M-16 EZ kits 2 M-16 CAR kits 1 M-76 grenade launcher (not a typo, this is what it says) 200 M-31 practice rifle grenades 4 M-16 parts set kits "A" 2 flare launchers 2 cases (approximately 50) inert practice hand grenades 40-50 pounds of black gunpowder 30 pounds of potassium nitrate 5 pounds of magnesium metal powder 1 pound of igniter cord (a Class C explosive) 91 AR-15 lower receiver units 26 various calibers and brands of handguns and long guns 90 pounds of aluminum metal powder 30-40 cardboard tubes

The amount of expenditure for the above listed firearm paraphernalia, excluding the 91 AR-15 lower receiver units and the 26 complete firearms, was in excess of $44,300.00.

From my investigation I have learned that a number of shipments to the "Mag-Bag" have been from vendors with questionable trade practices. One is presently under investigation by the ATF for violations of the National Firearms Act which prohibits unlawful possession of machine guns, silencers, destructive devices, and machine gun conversion kits.


193 posted on 04/19/2003 6:20:16 PM PDT by _Jim (y)
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