HUNTSVILLE POLICE OFFICER CONVICTED FOR USING EXCESSIVE FORCE

FROM:  U.S. JUSTICE DEPARTMENT

Friday, July 31, 2015

Huntsville, Alabama, Police Officer Convicted of Excessive Use of Force and Obstruction of Justice

A federal jury in Huntsville, Alabama, convicted Huntsville Police Department Officer Brett Russell, 48, of deprivation of rights under color of law for assaulting and injuring G.H., a detainee, as well as obstruction of justice for filing a false police report regarding this incident.

According to the evidence presented at trial, on Dec. 23, 2011, G.H. was detained in the rear of a police vehicle parked in a hotel parking lot.  After initially uttering profanity and kicking a rear window, G.H. sat handcuffed, compliant and nonresisting for approximately 30 minutes.  As officers attempted to remove G.H. from the vehicle to place leg shackles on him, Russell yanked G.H. from the vehicle.  While G.H. was lying handcuffed on the ground, the defendant repeatedly punched and kneed G.H.  Other officers placed leg shackles on G.H. and Russell then transported G.H. to the Madison County, Alabama, Jail.  When the jail refused to accept G.H. because of his injuries, Russell transported G.H.to the Huntsville Hospital.  Russell subsequently wrote and submitted a false report claiming that G.H. tried to kick and head butt the officers.  Further, Russell omitted from the false report any reference to the fact that he had used force on G.H.

Russell faces a statutory maximum sentence of 10 years in prison for the civil rights charge and a statutory maximum sentence of 20 years for the obstruction charge.  Sentencing has yet to be scheduled, but will occur before U.S. District Court Judge Abdul K. Kallon in the Northern District of Alabama.

“The criminal behavior of this officer undermines the dedicated efforts of the vast majority of officers who serve honorably,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department is committed to holding officers who engage in such criminal acts accountable.”

“Most police officers honor their oaths, day in and day out, to uphold the law and protect the public, but this defendant disgraced his badge and used excessive force against a man in handcuffs,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama.  "This verdict reflects that abusing the authority of a police badge is a serious crime and it will be punished accordingly.  My office remains committed to aggressive civil rights enforcement, and I thank the FBI for its dedication to investigating and compiling evidence in these type of cases. "

This case is being investigated by the FBI’s Florence Resident Agency.  It is being prosecuted by Trial Attorney Carroll McCabe of the Civil Rights Division and Assistant U.S. Attorneys Daniel Fortune and Xavier O. Carter Sr. of the Northern District of Alabama.

TEXAS RESIDENT PLEADS GUILTY TO HATE CRIME INVOLVING 81-YEAR OLD AFRICAN-AMERICAN MAN

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, June 30, 2015

Texas Man Pleads Guilty to Federal Hate Crime for Assaulting an Elderly African-American Man

A man from Katy, Texas, has entered a guilty plea to a federal hate crime related to the racially-motivated assault of an 81-year-old African-American man, announced Vanita Gupta, head of the Civil Rights Division, and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

Conrad Alvin Barrett, 29, was charged with violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.  On Nov. 24, 2013, he attacked the elderly African-American man because of the man’s race and color in what Barrett called a “knockout.”

At the hearing today, evidence revealed that Barrett recorded himself on his cell phone attacking the African-American man.  In the recording, Barrett questions whether there would be national attention if he attacked a person of color.  Barrett also claimed he would not hit “defenseless people” just moments before punching the elderly man in the face and with such force that the victim immediately fell to the ground.  Barrett then laughed and said “knockout,” as he ran to his vehicle and fled.  The victim suffered two jaw fractures and was hospitalized for several days as a result of the attack.

“This was a senseless and heinous act of violence that was committed simply because the victim was African American,” said Principal Deputy Assistant Attorney General Gupta.  “The Department of Justice will continue to use every tool in our arsenal to vindicate the rights of victims of violent crimes.”

“The defendant’s admissions today resolve any question as to his guilt and are consistent with what we had planned to present at trial,” said U.S. Attorney Magidson.  “We do not take criminal civil rights violations lightly and are now prepared to move forward at sentencing to fully advocate for the appropriate punishment in this case.”

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was passed on Oct. 22, 2009, and signed into law by President Barack Obama six days later.  Shepard was a gay student who was tortured and murdered in 1998 near Laramie, Wyoming.   Byrd was an African-American man who was tied to a truck by two white supremacists, dragged behind it and decapitated in Jasper, Texas, in 1998.

U.S. District Judge Gray Miller of the Southern District of Texas accepted Barrett’s plea today and has set sentencing for September 18, 2015.  At that time, he faces up to 10 years in federal prison and a $250,000 fine.

The charges are the result of an investigation conducted by the FBI in cooperation with the Fulshear, Texas, and Katy Police Departments as well as the Drug Enforcement Administration.  Civil Rights Division Trial Attorneys Saeed Mody and Olimpia Michel are prosecuting the case along with Assistant U.S. Attorneys Ruben R. Perez and Joe Magliolo of the Southern District of Texas, in cooperation with District Attorney John Healey of Ft. Bend County, Texas.

3 MEN SENTENCED FOR RACIALLY MOTIVATED MURDER OF AFRICAN-AMERICAN MAN

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, February 25, 2015

Three Brandon, Mississippi, Men Sentenced for Their Roles In the Racially Motivated Assault and Murder of an African-American Man

Victim Died After Being Run Over by Truck

The Justice Department announced today that William Kirk Montgomery, 25, of Puckett, Mississippi, Jonathan Kyle Gaskamp, 22, and Joseph Paul Dominick, 23, both of Brandon, Mississippi, were sentenced today in U.S. District Court in Jackson for their roles in a federal hate crime conspiracy involving multiple racially motivated assaults, culminating in the death of James Craig Anderson, an African-American man, in the summer of 2011.  Montgomery was sentenced to 234 months; Gaskamp was sentenced to 48 months; and Dominick was sentenced to 48 months.

Montgomery had previously pleaded guilty to one count of conspiracy and one count of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act for his role in the death-resulting assault of Anderson, 47, of Jackson, Mississippi.  Gaskamp previously pleaded guilty to one count of conspiracy and one count of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act for his role in the conspiracy and in a violent assault of an unidentified African-American man near a golf course in the spring of 2011.  Dominick pleaded guilty to one count of conspiracy for his role.  A restitution hearing will be set for a later date.

“The Justice Department will always fight to hold accountable those who commit racially motivated assaults,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “We hope that the prosecution of those responsible for this horrific crime will help provide some closure to the victim’s family and to the larger community affected by this heinous crime.”

“Violence fueled by hate spreads fear and intimidation throughout our community,” said U.S. Attorney Gregory K. Davis of the Southern District of Mississippi.  “The prison sentences today make clear that our community will not tolerate hate, and individuals who commit such despicable crimes will be brought to justice.”

“The guilty pleas and resulting sentences handed down today are the result of the tremendous efforts by men and women in law enforcement who worked on this case,” said Special Agent in Charge Donald Alway of the FBI in Mississippi.  “The FBI takes very seriously its responsibility to protect the civil rights of all Americans, and remains committed to its pursuit of justice for anyone who is deprived of those rights."

In prior court hearings, the defendants had admitted that beginning in the spring of 2011, they and others conspired with one another to harass and assault African Americans in and around Jackson.  On numerous occasions, the co-conspirators used dangerous weapons, including beer bottles, sling shots and motor vehicles, to cause, and attempt to cause, bodily injury to African Americans.  They would specifically target African Americans they believed to be homeless or under the influence of alcohol because they believed that such individuals would be less likely to report an assault.  The co-conspirators would often boast about these racially motivated assaults.

Montgomery admitted his presence and participation in numerous racially motivated assaults, including the beating and killing of James Craig Anderson.  Specifically, Montgomery admitted that in the early morning hours of June 26, 2011, he and six other co-conspirators agreed to carry out their plan to find, harass and assault African Americans.  At around 4:15 a.m., Montgomery and three co-conspirators drove to west Jackson in Montgomery’s white Jeep with the understanding that the other three co-conspirators would join them a short time later.  Montgomery and the three other occupants of the Jeep then drove around west Jackson and threw beer bottles from the moving vehicle at African-American pedestrians they encountered.

At approximately 5:00 a.m., Montgomery and the three other two occupants of the Jeep spotted Anderson in a motel parking lot off Ellis Avenue.  The occupants of the Jeep decided that Anderson would be a good target for an assault because he was African-American and appeared to be intoxicated.  Two of the co-conspirators got out of the Jeep to distract Anderson while they waited for the other three co-conspirators to arrive.  After the other three co-conspirators arrived in a Ford F250 truck, two of the co-conspirators physically assaulted Anderson.  After the assault, Montgomery and three co-conspirators left the motel parking lot in the Jeep.  The driver of the Ford F250 then deliberately used his truck to run over Anderson, causing injuries which resulted in Anderson’s death.  After Anderson’s death, a number of the co-conspirators including Montgomery agreed to, and did, give false statements to law enforcement officials about the nature of their interactions with Anderson.

Gaskamp admitted to participating in an assault-filled evening during which he and five co-conspirators drove to Jackson armed with Gaskamp’s handgun, struck multiple victims with large glass beer bottles hurled from the moving vehicle.  Gaskamp further admitted that they located a homeless African-American man near a golf course and that he and two of his co-defendants punched and kicked the man until he begged for his life.  Dominick admitted to participating in different assault-filled evening during which he and four co-conspirators also struck multiple victims with large glass beer bottles thrown from their moving vehicle, and to shooting multiple victims with metal ball bearings fired from a slingshot.

Three other defendants in related cases, Deryl Paul Dedmon, 22, John Aaron Rice, 22, and Dylan Wade Butler, 23, all of Brandon, Mississippi, were previously sentenced to 600 months, 220 months, and 78 months, respectively for their roles in the conspiracy.  Four other defendants involved in related cases,  Sarah Adelia Graves, 21, of Crystal Springs, Mississippi, Shelby Brooke Richards, 21, of Pearl, Mississippi, John Louis Blalack, 20, and Robert Henry Rice, 24, both of Brandon, Mississippi, are awaiting sentencing.

This case was the result of a cooperative effort among the Justice Department’s Civil Rights Division, the U.S. Attorney’s Office for the Southern District of Mississippi and the Hinds County, Mississippi, District Attorney’s Office.  This case was investigated by the Jackson Division of the FBI and the Jackson Police Department.  It is being prosecuted by Trial Attorney Sheldon L. Beer and Deputy Chief Paige M. Fitzgerald of the Justice Department’s Civil Rights Division, and Glenda R. Haynes of the U.S. Attorney’s Office for the Southern District of Mississippi.

2 MEMBERS OF ARYAN BROTHERHOOD OF TEXAS PLEAD GUILTY TO RACKETEERING CHARGES

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, July 9, 2014

Aryan Brotherhood Members Plead Guilty to Federal Racketeering Charges

Two Aryan Brotherhood of Texas (ABT) gang members have pleaded guilty to racketeering charges related to their membership in the ABT’s criminal enterprise, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

Steven Worthey, of San Antonio, Texas, pleaded guilty today before U.S. District Judge Sim Lake in the Southern District of Texas to one count of conspiracy to participate in racketeering activity.  James Lawrence Burns, aka “Chance,” of Dallas, Texas, pleaded guilty to the same charge on July 3, 2014.

According to court documents, Worthey, Burns and other ABT gang members and associates agreed to commit multiple acts of murder, robbery, arson, kidnapping and narcotics trafficking on behalf of the ABT gang.   Worthey, Burns and numerous ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things.

By pleading guilty to racketeering charges, Worthey and Burns admitted to being members of the ABT criminal enterprise.

According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system.   The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s.   According to the superseding indictment, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism.   Over time, the ABT expanded its criminal enterprise to include illegal activities for profit.

Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violated the rules or posed a threat to the enterprise.   Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”

According to the superseding indictment, in order to be considered for ABT membership, a person must be sponsored by another gang member.   Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.

Worthey and Burns are both scheduled to be sentenced on Oct. 8, 2014.   Each faces a maximum penalty of life in prison.

Worthey and Burns are two of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges.   To date, 32 defendants have pleaded guilty.

This Organized Crime Drug Enforcement Task Force   case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite, Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.

The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office for the Southern District of Texas.

TEXAS MAN CHARGED FOR ALLEGED ASSAULT BASED ON VICTIM'S SEXUAL ORIENTATION

FROM:  U.S. JUSTICE DEPARTMENT
Thursday, February 20, 2014
Texas Man Charged with Hate Crime for Assault Based on Victim’s Sexual Orientation

Brice Johnson, 19, of Springtown, Texas, has been charged with willfully causing bodily injury to a person because of the actual or perceived sexual orientation of that person in a federal criminal complaint, the Justice Department’s Civil Rights Division, the U.S. Attorney’s Office for the Northern District of Texas and the FBI Dallas Division announced.  The complaint was filed on Feb. 12, 2014, in the U.S. District Court in Fort Worth, Texas.

Johnson has been in state custody since his arrest on Sept. 10, 2013, and he made his initial appearance in federal court today.

According to the affidavit filed with the criminal complaint, in the early morning hours of Sept. 2, 2013, the adult male victim, identified as A.K., connected with Johnson through the cell phone application for MeetMe.com.  A.K.’s MeetMe.com page indicated he was a gay man, while Johnson’s page indicated he was not gay.  During their communications, Johnson said that he was interested in engaging in sexual activity with A.K.  He invited A.K. to his home, gave A.K. his cell phone number and address and they exchanged text messages planning their sexual activity.

After A.K. showed up at the house, Johnson severely beat him, then put him into the trunk of A.K.’s car and drove him to a friend’s home.  Based on ligature marks on A.K.’s wrists, it appears that he was bound with an electrical cord while he was in the trunk of the car.  Individuals at the home told Johnson to take A.K. to the hospital or they would call the police, and Johnson eventually drove the victim to an Emergency Medical Services station in Springtown.  

A.K. was hospitalized for 10 days in Fort Worth, and he was diagnosed and treated for multiple skull and facial fractures.  The investigation revealed that on the night of the incident, Johnson saved A.K.’s cell phone number using a gay slur as a contact name and Johnson later stated that he was playing a prank on the victim because of his sexual orientation, again using a gay slur when referring to A.K.  According to the affidavit, A.K. said that he had no physical contact with Johnson prior to the attack.  

A federal complaint is a written statement of the essential facts of the offenses being charged and must be made under oath before a magistrate judge.  The defendant is presumed innocent until proven guilty.  However, the statutory maximum penalty upon conviction for the offense as charged is 10 years in federal prison and a $250,000 fine.  The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment, and an indictment could include other charges that increase the maximum penalty.

The investigation is being conducted by the FBI, the Springtown Police Department and the Parker County Sheriff’s Office.  The case is being prosecuted by Assistant U.S. Attorney Cara Foos Pierce and Trial Attorney Saeed Mody of the Civil Rights Division.

CORRECTIONS OFFICER SENT TO PRISON FOR OBSTRUCTION OF JUSTICE

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, September 9, 2013
Former Bernalilo County Corrections Officer Sentenced to Prison for Obstructing Justice

The Justice Department announced today that Kevin Casaus, 24, a former corrections officer at the Bernalillo County Metropolitan Detention Center (MDC) in Albuquerque, N.M., was sentenced this morning to serve 15 months in federal prison followed by one year of supervised release for his conviction on obstruction of justice and falsification of records charges.

Casaus and fellow former MDC corrections officers, Demetrio Juan Gonzales, 41, and Matthew Pendley, 26, were indicted in June 2012, and charged with various crimes related to the Dec. 21, 2011 assault of an inmate housed at MDC, and subsequent attempts to cover up and impede the investigation of the assault.

On March 6, 2013, a federal jury convicted Casaus on obstruction of justice and falsification of records charges, and acquitted him on a related assault charge.  According to the evidence at trial, during the early morning hours of Dec. 21, 2011, Gonzales was assigned to the Receiving-Discharge-Transfer (RDT) Unit at MDC where individuals are brought to be booked soon after they are arrested.  His job was to photograph and fingerprint those who are brought to RDT for booking.  The victim, who had been arrested for driving while intoxicated, was verbally uncooperative during the booking process, but was not a physical threat to anyone.  Gonzales, who had previously pleaded guilty, testified that he became angry at the victim and walked him to the shower room where he knew there were no surveillance cameras.  Several other corrections officers, including Casaus, followed Gonzales to the shower room.  There, Gonzales physically assaulted the victim, striking him multiple times, and choking him.  Gonzales testified that he beat the victim “in a blind rage” and then had to wash the victim’s blood off his hands.  He further testified that the victim did not do anything to justify the beating.

According to the testimony, Casaus and two other corrections officers were present in the shower room during the beating.  Additionally, a former inmate who was in the hallway outside the shower room at the time of the beating, overheard groans and sounds consistent with the assault coming from the shower room. The former inmate was then tasked with cleaning the blood that was on the floors and walls of the shower room.  Casaus falsely stated during a recorded interview with a Bernalillo County Sheriff’s Office investigator that the victim was not assaulted in the shower room, the victim was not bleeding and that they only brought the victim to the shower room to ask him to change out of his clothes.  Casaus falsified his report when he wrote that he saw blood on the victim's clothes, but did not know where the blood came from.

In October  2012, Gonzales pleaded guilty to violating the civil rights of an individual in his custody when he struck and choked the victim in the shower room/dress out area of MDC and subsequently was sentenced to 33 months in prison followed by three years of supervised release.  Pendley pleaded guilty in February 2012 to obstructing justice by making false statements to law enforcement during their investigation of the assault on an inmate and was sentenced to a five year term of probation.

“Law enforcement officers who lie and obstruct justice to cover a fellow officer’s criminal acts do a disservice to the community that they swore to serve and protect,” said Acting Assistant Attorney General for Civil Rights Jocelyn Samuels.  “As the prosecution of these three MDC corrections officers demonstrate, the Civil Rights Division, in conjunction with our partners at the U.S. Attorney’s Office and FBI, is committed to holding law enforcement officers accountable when they violate their sworn duty to uphold the Constitution.”

“A correction officer who actively covers up illegal violence perpetrated by another officer re-victimizes a victim, undermines the public’s confidence in the justice system and fosters a belief that correction officer violence perpetrated on inmates will be met with impunity rather than justice,” said Acting U.S. Attorney Steven C. Yarbrough of the District of New Mexico.  “Such a culture cannot, and will not, be tolerated.”

“Correctional officers are given tremendous power to enforce the law.  When that authority is abused, it's not just the civil rights of prison inmates that are threatened, but the public's trust in our democratic institutions as well,” said Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.  “The FBI, as the lead agency for investigating abuses of government officials, places a high priority on these cases.  I would like to commend the FBI Special Agents who worked on this case, with the assistance of the U.S. Attorney's Office, the Justice Department's Civil Rights Division, the Bernalillo County Sheriff's Office and the Metropolitan Detention Center's executive management and internal affairs staff.”

This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Mark T. Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division.

MAN IN PENNSYLVANIA SENTENCED TO 102 MONTHS IN PRISON FOR TERRORIST SOLICITING

FROM:  U.S. DEPARTMENT OF JUSTICE 
Tuesday, July 16, 2013

Pennsylvania Man Sentenced for Terrorist Solicitation and Firearms Offense
Emerson Winfield Begolly, 24, of New Bethlehem, Penn., was sentenced today in Pittsburgh to 102 months in prison for soliciting others to engage in acts of terrorism within the United States and for using a firearm during and in relation to an assault on FBI agents.

 In addition, he was sentenced to serve five years supervised release.  Begolly pleaded guilty on Aug. 9, 2011, to charges filed in the Eastern District of Virginia and the Western District of Pennsylvania.

 The sentence was announced by David J. Hickton, U.S. Attorney for the Western District of Pennsylvania; Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia; John P. Carlin, Acting Assistant Attorney General for National Security; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; and Gary Perdue, Special Agent in Charge of the FBI’s Pittsburgh Division.

“Emerson Begolly used the Internet to solicit likeminded radical jihadists to commit atrocities and murder,” stated U.S. Attorney Hickton. “Through effective use of court-sanctioned investigative tools, mass tragedy was averted.”

“We now find ourselves in an era where one of the greatest innovations of the modern era – the Internet—is being utilized by radical jihadists who seek to use that medium to endanger American lives,” said U.S. Attorney MacBride.  “Those, like Mr. Begolly, who solicit others to engage in acts of terrorism will be brought to justice and prosecuted to the fullest extent of law.”

“This case highlights the need for continued vigilance against homegrown extremism and use of the Internet to incite violence,” said Acting Assistant Attorney General Carlin.  “I want to thank the agents, analysts and prosecutors whose work resulted in today’s sentence.”

“Today’s sentence is the result of the effective coordination and enduring resolve of law enforcement to protect our citizens,” said Assistant Director Parlave.  “Together with our partners, we will continue to work to combat the threat of violent homegrown extremism and keep our country safe.”

“The case against Mr. Begolly is an important reminder that online-inspired terrorism can occur anywhere, including Western Pennsylvania. Our efforts to detect and disrupt this threat are enduring,” said Special Agent in Charge Perdue.  “The FBI, along with our law enforcement partners in the FBI Joint Terrorism Task Force, will continue to proactively employ all necessary resources in order to predict and prevent terrorist attacks from occurring and to ensure the ongoing safety of our communities.”

 According to information presented by the government in court, Begolly was an active administrator on the Ansar al-Mujahideen English Forum (AMEF), which is an internationally used Islamic extremist Internet forum.  Using the pseudonym of Abu Nancy, Begolly systematically solicited jihadists to use firearms, explosives and propane tanks against targets such as police stations, post offices, Jewish schools and daycare centers, military facilities, train lines, bridges, cell phone towers and water plants.

 In the summer of 2010, Begolly urged jihadists on the AMEF to “write their legacy in blood.” Begolly promised a special place in the afterlife for violent action in the name of Allah. Following the reported shootings in Northern Virginia at the Pentagon and the Marine Corps Museum in October 2010, Begolly posted a comment online that praised the shootings and hoped the shooter had followed his previous postings encouraging similar acts of violence.  On Dec. 28, 2010, Begolly further solicited his AMEF audience to violence by posting a manual on how to manufacture a bomb.

 Days later, on Jan. 4, 2011, FBI agents were assaulted by Begolly as they attempted to prevent him from reaching a loaded 9 mm semi-automatic handgun, which he had concealed on his body. While violently struggling with the agents, Begolly bit the agents on their fingers in an attempt to free himself to reach his firearm. His actions are consistent with a posting in which he urged his audience not to be taken alive by law enforcement, to always carry a loaded firearm, and to aggressively resist any law enforcement encounter including biting fingers if necessary.

 These cases were investigated by the FBI Washington Field Office and the FBI Pittsburgh Field Office.  Assistant U.S. Attorney Neil Hammerstrom of the U.S. Attorney’s Office for the Eastern District of Virginia’s National Security and International Crime Unit, Assistant U.S. Attorney James Kitchen of the U.S. Attorney’s Office for the Western District of Pennsylvania’s National Security and Cybercrime Section, and Trial Attorney Stephen Ponticiello of the Counterterrorism Section in the Justice Department’s National Security Division are prosecuting the cases.

MAN SENTENCED IN GAY HATE CRIME CASE

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, February 7, 2013
Detroit Man Sentenced for Anti-Gay Hate Crime

Everett Dwayne Avery, 26, of Detroit, was sentenced today by U.S. District Judge John Corbett O’Meara after pleading guilty to committing a hate crime by assaulting a man because the man was gay. Avery was sentenced to serve 18 months in prison to be followed by three years of supervised release.

The assault occurred on March, 7, 2011, while Avery and the victim were at a convenience store in Detroit. Avery used anti-gay slurs toward the victim as Avery and the victim waited in line in the convenience store. Shortly after the first slurs, while still in the store, Avery used another anti-gay slur and punched the victim in the face, fracturing the victim’s eye socket. Avery pled guilty to violating the federal Hate Crimes Protection Act on Aug. 29, 2012.

"Hate-fueled incidents like this one have no place in a civilized society," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Justice Department is committed to using all the tools in our law enforcement arsenal, including the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, to prosecute acts motivated by hate."

"Congress has made it clear that it is a crime to assault people solely on the basis of their sexual orientation. Prosecutions under this law are important to ensure that all people in our community know that they have the full protection of the law," said U.S. Attorney for the Eastern District of Michigan Barbara McQuade.

Special Agent in Charge Foley stated, "Hate Crimes have no place in a civilized society. We are a nation of laws and our laws embrace diversity and differences. The law does not tolerate the type of hate demonstrated in this matter and the FBI will investigate and put forth for prosecution a violation of that law."

The case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorney Pamela Thompson from the U.S. Attorney’s Office, and Trial Attorney Sanjay Patel from the Civil Rights Division of the U.S. Department of Justice.