Month: August 2024

Source: United States Department of Justice Criminal Division

Kyle Benjamin Douglas Calvert, 26, of Irondale, Alabama, pleaded guilty in federal court to the malicious use of an explosive device.

“This defendant built a bomb using nails and screws as shrapnel and detonated it outside the Alabama Attorney General’s Office, endangering a public institution and members of the community,” said Attorney General Merrick B. Garland. “Public servants should never be targeted for doing their jobs. The Justice Department will not tolerate such conduct, and we will use every resource at our disposal to prevent these attacks and hold perpetrators accountable.”

“The defendant pleaded guilty today to setting off a shrapnel-filled explosive at public offices in the middle of downtown Montgomery,” said FBI Director Christopher Wray. “Violence and destruction of property will never be tolerated, and the FBI and our partners will continue to work together to ensure anyone who attempts to harm or intimidate the community will be held accountable.”

“This attack on the Alabama Attorney General’s Office was an attack on the American justice system,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Violent, targeted attacks like this, aim to harm, whether physically or through fear and intimidation, the civil servants and public officials who serve our communities and country. ATF is committed to holding those who attack American institutions accountable. I commend the work of the ATF and all our federal and local partners in bringing this defendant to justice.”

“Calvert’s offense was a very serious one and today’s plea ensures that he will face significant consequences,” said U.S. Attorney Jonathan S. Ross for the Middle District of Alabama. “Calvert would not have been held accountable had it not been for the thorough and painstaking investigation conducted by federal, state, and local law enforcement agents working together. I am grateful for the efforts of everyone involved.”

According to the court documents, Calvert detonated an explosive device during the early morning hours of Feb. 24, outside of the Alabama Attorney General’s Office in downtown Montgomery. No injuries were reported. Calvert admitted during the plea hearing to manufacturing the device himself, using items such as nails and screws to act as shrapnel along with accelerants to cause an explosion. Prior to planting the device, Calvert placed stickers on various state buildings depicting different graphics and advocating for various political ideologies. Some stickers included the phrase “Support your local antifa.” As reflected in the plea agreement, Calvert claims he has no affiliation with antifa. After placing the explosive device near the Attorney General’s Office, Calvert lit its fuse and fled the scene. Law enforcement arrested Calvert on April 10.

A sentencing hearing will be scheduled for Calvert at a later date. Calvert faces a minimum penalty of five years in prison and a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case with assistance from the ATF.

Assistant U.S. Attorneys Russell T. Duraski and Brett J. Talley for the Middle District of Alabama are prosecuting the case.

Source: United States Department of Justice Criminal Division

A former Memphis, Tennessee, Police Department (MPD) officer facing federal civil rights charges for the tragic killing of Tyre Nichols pleaded guilty in federal court today.

Emmitt Martin III, pleaded guilty to civil rights and conspiracy charges arising out of the Jan. 7, 2023, incident. Martin is the second MPD officer to plead guilty in this case.

On Sept. 12, 2023, a federal jury returned a four-count indictment against Martin and four co-defendants. The charges included using excessive force resulting in the death of Nichols; aiding and abetting each other in using that excessive force; failing to intervene to stop the excessive force; failing to render medical aid; and conspiring or taking action to cover up their misconduct. On Nov. 2, 2023, co-defendant Desmond Mills entered a guilty plea to civil rights and conspiracy charges.

The remaining three defendants will face a federal trial scheduled for Sept. 9.

In today’s court appearance, Martin pleaded guilty to counts one and three of the indictment. Count one charged Martin with using excessive force and failing to intervene in the unlawful assault. Count three charged Martin with conspiring to cover up his use of unlawful force by omitting material information and by providing false and misleading information to his supervisor and to others. A sentencing hearing is scheduled for Dec. 5. A federal district court judge will determine any sentence after considering U.S. Sentencing Guidelines and other statutory factors. 

Attorney General Merrick B. Garland, FBI Director Christopher Wray, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Kevin Ritz for the Western District of Tennessee, and Special Agent in Charge Joseph E. Carrico of the FBI Memphis Field Office made the announcement.

The FBI Memphis Field Office investigated this case. 

Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers for the Western District of Tennessee and Special Litigation Counsel Kathryn E. Gilbert, Trial Attorney Andrew Manns and Deputy Chief Forrest Christian of the Justice Department’s Civil Rights Division are prosecuting the case.

Source: United States Department of Justice Criminal Division

The Justice Department filed a lawsuit today against Tony’s Auto Center Inc., doing business as Tony’s Auto Center, in Chula Vista, California, alleging that it illegally auctioned off a deployed U.S. Navy Lieutenant’s car, in violation of the Servicemembers Civil Relief Act (SCRA).  The SCRA prohibits a towing company from auctioning off a vehicle owned by a servicemember unless it first obtains an order from a court allowing it to do so.

“When towing companies ignore their legal obligations under the SCRA, it can have serious financial consequences for servicemembers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We hope that bringing this case encourages other towing companies to review and improve their policies and ensure that the rights of all servicemembers are honored and respected.”

“The law provides specific and necessary protections to active duty servicemembers so they can dedicate themselves to protecting our freedom,” said U.S. Attorney Tara McGrath for the Southern District of California. “As the filing of this complaint demonstrates, we will fight to enforce those protections.”              

The department’s lawsuit, which was filed today in the Southern District of California, alleges that Tony’s Auto Center illegally auctioned the Lieutenant’s 2011 Mazda 6 while he was deployed at sea aboard the USS Bunker Hill. Prior to deployment, the Lieutenant placed some personal belongings in his car and parked it in front of a friend’s house. While the Lieutenant was at sea, Chula Vista Police Department impounded the car due to an expired registration, and Tony’s Auto Center towed the car to its facility. About two months later, Tony’s Auto Center, through its agent, sold the Lieutenant’s car at auction without obtaining a court order authorizing the sale.

According to the complaint, in March 2023, the Lieutenant returned home from deployment to find that his car had been towed. He then contacted Tony’s Auto and learned that they had sold his car. Even though he no longer had the car, he had to continue making his monthly car loan payments to Navy Federal Credit Union, which totaled over $2,500.

Individuals with information that may be relevant to this case should call the U.S. Attorney’s Office for the Southern District of California at 619-546-7516.

Servicemembers and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office.  Office locations can be found at legalassistance.law.af.mil/.

The Justice Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorneys’ Offices throughout the country. Since 2011, the department has obtained over $481 million in monetary relief for over 147,000 servicemembers through its enforcement of the SCRA. Additional information on department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.

Source: United States Department of Justice Criminal Division

An indictment was unsealed today in which an individual was charged based on his involvement with online groups dedicated to creating and distributing videos depicting acts of extreme violence and sexual abuse against monkeys.

Philip Colt Moss, of Iowa, was charged with conspiracy to create and distribute so-called “animal crush videos,” and with distributing animal crush videos. According to court documents, in March and April 2023, Moss allegedly conspired with Nicholas Dryden and Giancarlo Morelli to create and distribute videos depicting acts of sadistic violence against baby, adolescent and adult monkeys. Dryden and Morelli were previously indicted and are awaiting trial. 

The videos alleged to have been created as part of the conspiracy included depictions of monkeys having their genitals burned, having their genitals cut with scissors, being sodomized with a wooden skewer and being sodomized with a spoon.

If convicted, Moss faces a maximum penalty of five years in prison for the conspiracy charge and a maximum penalty of seven years in prison for the charges related to the creation and distribution of animal crush videos. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Kenneth L. Parker for the Southern District of Ohio made the announcement.

The U.S. Fish and Wildlife Service and FBI investigated the case.

Senior Trial Attorney Adam Cullman of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Tim Oakley for the Southern District of Ohio are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.