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More details UPDATE:

September 3, 2008

Note: The following text is a quote:

http://pittsburgh.fbi.gov/dojpressrel/2008/device090308.htm

United States Attorney’s Office
Western District of Pennsylvania

Defendant in Pennsylvania Collar-Bomb Bank Robbery Case Pleads Guilty.

United States Attorney Mary Beth Buchanan announced today, September 3, 2008, that Kenneth Barnes, a resident of Erie, Pennsylvania, has pleaded guilty in federal court to charges of conspiracy to commit bank robbery and using and carrying a destructive device during and in relation to a crime of violence.

Barnes, age 54, pleaded guilty to two counts before United States District Judge Sean J. McLaughlin. Ms. Buchanan stated that “Barnes’ guilty plea today is a significant step towards providing closure to one of the most bizarre crimes ever committed in the Western District of Pennsylvania. The callousness of the defendants’ conduct, coupled with the unusual series of events committed by the participants, complicated and prolonged the investigation.” Ms. Buchanan further stated, “This crime would not have been solved without the dedication and commitment of outstanding law enforcement officers and prosecutors.”

In connection with the guilty plea, Assistant United States Attorney Marshall J. Piccinini advised the court that the evidence gathered from the FBI, ATF, Pennsylvania State Police, and Erie Bureau of Police, and other sources, establishes that on August 28, 2003, employees at the PNC Bank located at 7200 Peach Street, Erie, Pennsylvania were robbed by a lone individual later identified as Brian Wells. According to the information provided to the court, the evidence establishes that the bank robbery was not committed by Wells alone but rather, was actually planned in advance by a group of co-conspirators to include William Rothstein, Marjorie Diehl Armstrong, and Kenneth Barnes. The evidence would establish that the conspirators contrived a series of notes appearing to require Wells (the supposed bomb hostage) to follow a course of instruction in order to complete the bank robbery and have the device disarmed and removed. These notes provided instructions leading to other notes along a route from the PNC bank, across Interstate 90 to wooded areas near Interstate 79 in Erie County, Pennsylvania.

Investigators immediately followed the instructions on the notes recovered from the bank and Wells’ vehicle to attempt to gather evidence in the minutes following the bank robbery. When investigators arrived at the Kearsage exit of I-79, they retrieved a note that instructed the reader to travel back onto I-79 south to the McKean Township sign and again walk into the woods for further instructions. At that location investigators found an empty jar without a note in it, with marker tape attached. The tape appeared to have been broken and was attached at the other end to a tree in the vicinity. The evidence would show that somebody removed that note from the time of the robbery to the time investigators arrived.

According to the information provided to the court, the evidence shows that at approximately 1:30 p.m. on August 28, 2003, prior to the bank robbery, a telephone call from a Shell gas station payphone was placed to Mama Mia’s Pizzeria, where Wells worked as a deliveryman, for a pizza delivery order. The evidence establishes that at 1:30 p.m., a witness saw co-conspirator William Rothstein talking on that exact payphone and later observed William Rothstein standing in the vicinity of the payphone with coconspirator Marjorie Diehl Armstrong. Kenneth Barnes was also at the Shell gas station at that time, having driven there with coconspirator Marjorie Diehl Armstrong. Barnes purchased $10 worth of gasoline for Diehl Armstrong’s vehicle and entered the Shell gas station. Barnes’ $10.00 purchase of gas was confirmed by cash register receipts, and surveillance video from within the Shell gas station store depicts Kenneth Barnes present in the store during the same time frame that co-conspirators Rothstein and Diehl Armstrong were observed outside.

Wells left the pizza shop and proceeded to a television tower site, where he met with the co-conspirators. At that time, the device was affixed to his neck and he then proceeded to the PNC bank. After Wells entered the PNC Bank, he raised his shirt and showed the teller a bomb affixed to his torso by a collar device, and demanded money. The teller then provided Wells with $8702.00 in federally insured bank proceeds. Wells then left the bank and the destructive device that was affixed to Wells’ neck later detonated, killing him. Experts with the FBI were able to use the pieces of debris to piece together the device sufficient to gain an understanding of how it functioned and how it was configured within the metal box attached to the collar. The analysis by the FBI’s forensic laboratory experts, disclosed that in addition to the collar and locking mechanism attached to Brian Wells’ neck, the device that exploded and killed Brian Wells was an improvised explosive device, meeting the definition of a destructive device under federal law.

The evidence shows that, although the pipe bombs themselves were relatively simple, the way in which the device was configured was not simple. The device was rigged to the collar assembly in such a way as to make it appear that attempts to remove the device would have detonated it. Portions of the device were meant to appear to be “booby traps” but were not. Moreover, the device was armed in such a way that contact with the device through any attempted manual entry would likely have detonated it. The bomb maker designed the device in such a way that attempts to deactivate the device in the time allotted would have failed.

In August and September, 2005, law enforcement agents interviewed Kenneth Barnes, because it was believed that he had some connection with Marjorie Diehl Armstrong and it was known that he had previously disclosed to the Erie Police, in the course of the Roden homicide investigation, that Marjorie Diehl had solicited him to kill her father. Barnes stated that he had known Diehl Armstrong for 6 to 8 years prior to 2003. Barnes admitted that Diehl Armstrong had solicited him to kill her father because her father was spending Diehl Armstrong’s inheritance.

Barnes stated that Diehl Armstrong was mad at PNC bank among other reasons for allowing her father to obtain all of Diehl Armstrong’s mother’s money after her mother’s death. Barnes admitted that Diehl Armstrong had asked him if he had ever robbed a bank and if she decided to rob a bank, would he be the get away driver. According to Barnes, approximately 2 to 3 months before the collar bomb incident, Diehl Armstrong made statements to him about robbing a PNC bank and on several occasions solicited Barnes to be the get away driver. Barnes also admitted that Diehl Armstrong had asked him a few months prior to the bank robbery if he knew anyone that could make a bomb, specifically, one with a timer that counted down. Barnes said that if he ever had to make one it would be a pipe bomb constructed from pipe, approximately 5 to 6 inches long, filled with some form of powder or C4. When asked by investigators what type of powder he would use, Barnes replied that he would cut open shotgun shells. Barnes’ description is consistent with the pipe bombs that were in the device in this case. Barnes later admitted that he told Diehl Armstrong about different types of explosive powder and how he would build a pipe bomb.

Then, in December 2005, Barnes admitted that he was with Diehl Armstrong throughout the day on August 28, 2003. Barnes disclosed that he knew much more about the collar bomb incident, Diehl Armstrong, Brian Wells, and Bill Rothstein than he originally disclosed to investigators. During this and subsequent interviews Barnes confessed and told investigators that on August 27, 2003, the day before the bank robbery, he, Diehl Armstrong, Rothstein, Stockton, and Wells met at Rothstein’s house and discussed the plans for the bank robbery the next day. Barnes disclosed that the plan was for Wells to wear a device into the bank, because it would intimidate tellers resulting in better compliance. Wells was to give notes to the teller, and after leaving the bank, give the money to Rothstein. This way, if Wells was stopped by authorities, he would not have any money with him, demonstrating to authorities that he was not willingly involved.

Barnes admitted that sometime after 10:00 a.m. on August 28, 2003, Diehl Armstrong picked him up at his residence at 617 Perry Street, for the purpose of the bank robbery and they drove to Peach Street. Barnes admitted that he and Diehl Armstrong then drove to the Shell gas station, that he purchased gasoline for Diehl Armstrong’s vehicle while Diehl Armstrong and Rothstein were standing near the pay phone.

According to Barnes he and Diehl Armstrong parked in her red Jeep Cherokee where they could observe Peach Street and PNC Bank. Using binoculars, Barnes stated that he observed Wells, followed by Rothstein, driving north on Peach Street and pulling into Summit Town Center, where the PNC Bank is located. Barnes saw Rothstein park his large yellowish vehicle near Eye Glass World and McDonald’s and saw Wells enter the bank. Diehl Armstrong then used the binoculars to watch the bank robbery as well. According to Barnes’ admissions, after the bank robbery he and Diehl Armstrong drove to Rothstein’s residence then switched cars and drove Rothstein’s large yellowish car to Interstate 79. Barnes admitted that Diehl Armstrong pulled onto the side of the berm of I-79, got out of the car, and went down over the embankment into the woods. She returned carrying something which she threw in the back seat of the car. In conjunction with his interview, Barnes went for a ride with investigators and showed them the route he traveled with Diehl Armstrong that day.

According to the information provided to the court, the evidence shows, consistent with Barnes’ admission, that another witness, saw a woman, believed by the witness to be Marjorie Diehl Armstrong, straddling the guard rail on I-79 in the vicinity of the I-90 ramp. The evidence shows that this location is several hundred feet from the demand note drop site in the woods off of the south bound berm of I-79. This is the location where a note had been removed prior to law enforcement arriving that afternoon.

The investigation also disclosed that after the December 2005 interviews of Barnes, he told his former girlfriend, “I’m in trouble and I’m not getting out of it this time.” In February, 2006, investigators interviewed Diehl Armstrong and advised her that they had developed new information since their last interview. Specifically, investigators advised Diehl Armstrong that Barnes had told investigators that he was with Diehl Armstrong on August 27 and 28, 2003, the day before and the day of the collar bomb incident.

According to information presented to the court, on March 2, 2006, an inmate spoke with Diehl Armstrong at the State Correctional Institution (SCI) at Muncy, after Diehl Armstrong returned from SCI Cambridge Springs, where she had been interviewed by federal agents. The inmate stated that Diehl Armstrong was extremely upset about the last interview by investigators to the point she was almost in tears. Diehl Armstrong stated to the inmate, “I hope Ken didn’t tell them anything.” Diehl Armstrong told the inmate, “I won’t tell on Ken and Floyd.”

In March, 2006, investigators interviewed Barnes again, who divulged more information about the collar bomb plot. Barnes stated that approximately one month prior to the collar bomb incident, Roden, Diehl Armstrong, Wells, and another person were at Barnes’ house located at 617 Perry Street discussing the bank robbery while they were standing on his front porch. As part of the initial bank robbery plan, Roden was to be the driver for Wells. Barnes further indicated that Wells had previously been to Barnes’ house four or five times. Investigators then interviewed another witness who confirmed that the meeting on Barnes porch took place.

During the March 13 and 14, 2006 interviews of Barnes, he reaffirmed to investigators the details of the August 27, 2003 meeting at Rothstein’s house. Barnes then stated that on August 28, 2003, after going to Barnes and Noble and the Shell Station, they went to Rothstein’s house. Barnes stated that they were at Rothstein’s house “waiting for Brian Wells.” While there, the collar bomb was taken out from Rothstein’s garage. The garage was located East of Rothstein’s house in his back yard, and was just a couple feet from the dirt road leading back to the television tower. Barnes then described the collar bomb device and his description was consistent with the outward appearance of the device. Barnes then reaffirmed what he had told investigators about where he and Diehl Armstrong went and what they did on upper Peach Street. Barnes also stated that Diehl Armstrong killed Roden after they had an argument about Roden trying to extort money from Diehl-Armstrong based on his threat to expose the bank robbery plot.

In May 2006, Barnes said that on August 28, 2003, the day of the incident, he was with the others at the tower site where the device was affixed to Wells. Barnes admitted that when Wells realized that the device was real, Wells didn’t want to wear it. Barnes claimed that one shot was fired from a gun and the device was then placed on Wells’ neck. Another cooperating government witness would confirm Barnes’ account that when Wells realized that the device was real, he did not want to wear it and a gunshot was fired. Another cooperating witness would testify that at the same time the conspirators were back on the tower site road, one gun shot was heard coming from that vicinity. According to information provided to the court, a cooperating government witness would testify, consistent with Barnes’s admissions, that Barnes conspired with the other participants to commit the bank robbery and that the conspirators knowingly perpetrated the scheme, knowing that a destructive device was to be used. The cooperating witness would confirm that the conspirators including Barnes, met on various occasions leading up to the August 28, 2003 incident. That cooperating witness would specifically disclose the meeting on August 27, 2003, the day before the bank robbery, in which the conspirators, including Barnes, discussed the plan for the next day Investigators then interviewed other witnesses who were acquainted with Barnes and discovered that Barnes had admitted to them that he was with Diehl Armstrong on the day of the incident.

In addition, one of Barnes’ family members cooperated with investigators. While Barnes was in the Erie County Jail, prior to being indicted in this case, this family member regularly visited Barnes. The family member then reported to law enforcement the things Barnes said. The family member would state among other things that Barnes admitted that he was with Wells, Diehl Armstrong and Rothstein on the date of the incident; that Wells was forced to wear the device; that Barnes was solicited to kill Diehl Armstrong’s father for $100,000; that Barnes knew law enforcement would find no evidence from the search at his house because the bomb wasn’t built there; that there is no black man involved in the case as claimed by Wells; that the only person who can “talk” is Diehl and she has two murders under her belt and no one would believe her; that Rothstein and Diehl were at his house the night before the incident discussing the robbery; that all of the bomb making materials were taken to the landfill; that he isn’t worried about the case and would only worry if Diehl Armstrong came back to testify; and that as long as Diehl Armstrong doesn’t talk he’ll be okay.

Barnes admitted that the conspirators communicated with walkie-talkie type radios and that he provided these radios to Diehl Armstrong. Barnes then identified two Motorola radios found by investigators in Rothstein’s van on September 21, 2003, as the one’s that he gave to Diehl Armstrong. Barnes also indicated that he believed that the gun that was fired one-time back at the tower site, was a small caliber revolver. Investigators discovered a small caliber revolver in Rothstein’s vehicle, loaded, with one bullet having been fired from it.

Judge McLaughlin scheduled sentencing for December 3, 2008 at 10:00 a.m. The law provides for a mandatory minimum sentence of 30 years on the destructive device count and a maximum total sentence of life in prison, a fine of $500,000, or both.

Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant. Ms. Buchanan commended the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, the Erie Bureau of Police, and the Office of the Erie County District Attorney, for their investigation that led to the prosecution of Barnes. Ms. Buchanan also expressed her gratitude to the numerous individuals who cooperated with law enforcement in the investigation of this case.