The Indictment

of John Pitner, et al.

on charges of conspiracy, making and posession of destructive devices, and posession and transfer of machineguns



UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,
v.

JOHN IRVIN PITNER, MARLIN LANE MACK, GARY MARVIN KUEHNOEL, FREDERICK BENJAMIN FISHER, JOHN LLOYD KIRK, JUDY CAROL KIRK, RICHARD FRANK BURTON, JR. TRACY LEE BROWN, a/k/a WILLIAM SMITH, a/k/a WILLIAM STANTON, and THEODORE R. CARTER, JR.,

Defendants.
No. CR 96 500C

INDICTMENT

The Grand Jury charges that:

COUNT I
(Conspiracy to Make and Possess Destructive Devices)
Beginning on or about June 28, 1995, and continuing until July 27, 1996, at Bellingham, within the Western District of Washington and elsewhere, JOHN IRVIN PITNER, MARLIN LANE MACK, GARY MARVIN KUEHNOEL, FREDERICK BENJAMIN FISHER, JOHN LLOYD KIRK, JUDY CAROL KIRK, RICHARD FRANK BURTON, JR., TRACY LEE BROWN, a/k/a WILLIAM SMITH, a/k/a WILLIAM STANTON, and THEODORE R. CARTER, JR., did knowingly and intentionally combine, conspire, and agree with one another and with others unknown to commit an offense against the United States, that is, to make and possess destructive devices in violation of Title 26, United States Code, Section 5861(d) and (f).

OBJECT OF THE CONSPIRACY
l. The object of the conspiracy was that the members of the conspiracy would make and possess destructive devices to be used as weapons, including but not limited to, pipe bombs.

MANNER AND MEANS BY WHICH THE CONSPIRACY WAS CARRIED OUT
The defendants used the following means, among others, to effect the object of the conspiracy:

2. It was part of the conspiracy that JOHN IRVIN PITNER, MARLIN LANE MACK, GARY MARVIN KUEHNOEL, FREDERICK BENJAMIN FISHER and THEODORE R. CARTER, JR., were members of the Washington State Militia located in Bellingham, Washington.

3. It was part of the conspiracy that JOHN LLOYD KIRK, JUDY CAROL KIRK, RICHARD FRANK BURTON, JR., and TRACY LEE BROWN, were members of a Seattle area group referred to by JOHN IRVIN PITNER as "Freemen."

4. It was part of the conspiracy that one or more of the defendants would meet to discuss the making of destructive devices.

5. It was part of the conspiracy that JOHN IRVIN PITNER taught FREDERICK BENJAMIN FISHER, MARLIN LANE MACK and others to construct a destructive device.

6. It was part of the conspiracy that THEODORE R. CARTER,JR., instructed JOHN IRVIN PITNER, MARLIN LANE MACK, GARY MARVIN KUEHNOEL, FREDERICK BENJAMIN FISHER and others in the making of destructive devices.

7. It was part of the conspiracy that TRACY LEE BROWN and
JOHN LLOYD KIRK provided two lists of chemicals to be purchased
for the making of destructive devices to be used as weapons.

8. It was part of the conspiracy that defendants MARLIN LANE MACK, GARY MARVIN KUEHNOEL, FREDERICK BENJAMIN FISHER, JOHN LLOYD KIRK, RICHARD FRANK BURTON, JR., and TRACY LEE BROWN agreed to attend a bomb-making instruction session.

9. It was part of the conspiracy that defendants MARLIN LANE MACK, GARY MARVIN KUEHNOEL, FREDERICK BENJAMIN FISHER, JOHN LLOYD KIRK, and RICHARD FRANK BURTON, JR.I attended a bomb-making instruction session.

OVERT ACTS
In furtherance of the conspiracy and to accomplish the object of the conspiracy, one or more members of the conspiracy committed one or more of the following overt acts within the Western District of Washington and elsewhere:

10. On or about August 23, 1995, JOHN IRVIN PITNER taught FREDERICK BENJAMIN FISHER, MARLIN LANE MACK and others to construct a bomb using a propane cylinder filled with gunpowder.

11. On or about February 27, 1996, THEODORE R. CARTER, JR., taught JOHN IRVIN PITNER, MARLIN LANE MACK, GARY MARVIN KUEHNOEL, FREDERICK BENJAMIN FISHER and others to construct destructive devices.

12. On or about May 19, 1996, MARLIN LANE MACK, GARY MARVIN KUEHNOEL, RICHARD FRANK BURTON, JR., JOHN LLOYD KIRK and TRACY LEE BROWN met at GARY MARVIN KUEHNOEL'S residence and discussed making destructive devices.

13. On or about June 14, 1996, JOHN LLOYD KIRK and RICHARD FRANK BURTON, JR., made and possessed unregistered destructive devices, that is, two pipe bombs.

14. on or about June 15, 1996, JUDY CAROL KIRK and JOHN LLOYD KIRK made and possessed an unregistered destructive device, that is, a pipe bomb.

15. On or about June 15, 1996, MARLIN LANE MACK made and possessed unregistered destructive devices, that is, two pipe bombs.

16. On or about June 27, 1996, TRACY LEE BROWN and JOHN LLOYD KIRK provided two lists of chemicals to be purchased for the making of destructive devices.

17. On or about June 27, 1996, TRACY LEE BROWN provided $100 for the purchase of chemicals for the making of destructive devices.

18. On or about July 6, 1996, MARLIN LANE MACK possessed unregistered destructive devices, that is, two pipe bombs.

19. On a date unknown, JOHN LLOYD KIRK, RICHARD FRANK BURTON, JR., and TRACY LEE BROWN agreed to meet in Bellingham on July 27, 1996, to instruct MARLIN LANE MACK and GARY MARVIN KUEHNOEL in the making of destructive devices.

20. On or about July 27, 1996 JOHN LLOYD KIRK and RICHARD FRANK BURTON, JR., met in Bellingham to instruct MARLIN LANE MACK,
GARY MARVIN KUEHNOEL and FREDERICK BENJAMIN FISHER in the making of destructive devices.

All in violation of Title 18, United States Code, Section 371.

COUNT II
(Making and Possession of Unregistered Destructive Devices)
On or about June 14, 1996, at Bellingham, within the Western District of Washington, JOHN LLOYD KIRK and RICHARD FRANK BURTON, JR., did knowingly make and possess destructive devices, that is,two pipe bombs, which were not registered to them in the National Firearms Registration and Transfer Record, as required by Chapter 53, Title 26, United States Code.

The Grand Jury further charges that this offense was committed in furtherance of the conspiracy alleged in Count I of this Indictment.

All in violation of Title 26, United States Code, Sections 5861(d) and (f) and 5871; and Title 18, United States Code, Section 2.

COUNT III
(Making and Possession of an Unregistered Destructive Device)
On or about June 15, 1996, at Seattle, within the Western District of Washington, JUDY CAROL KIRK and JOHN LLOYD KIRK did knowingly make and possess a destructive device, that is, one pipe bomb, which was not registered to them in the National Firearms Registration and Transfer Record, as required by Chapter 53,Title 26, United States Code.

The Grand Jury further charges that this offense was committed in furtherance of the conspiracy alleged in Count I of this Indictment.

All in violation of Title 26, United States Code, Sections 5861(d) and (f) and 5871; and Title 18, United States Code, Section 2.

COUNT IV
(Making and Possession of Unregistered Destructive Devices)
On or about June 15, 1996, at Bellingham, within the Western District of Washington, MARLIN LANE MACK did knowingly make and possess destructive devices, that is, two pipe bombs, which were not registered to him in the National Firearms Registration and Transfer Record, as required by Chapter 53, Title 26, United States Code.

The Grand Jury further charges that this offense was committed in furtherance of the conspiracy alleged in Count I of this Indictment.

All in violation of Title 26, United States Code, Sections 5861(d) and (f) and 5871.

COUNT V
(Making and Possession of Unregistered Destructive Devices)
On or about July 6, 1996, at Bellingham, within the Western District of Washington, MARLIN LANE MACK did knowingly make and possess destructive devices, that is, two pipe bombs, which were not registered to him in the National Firearms Registration and Transfer Record, as required by Chapter 53, Title 26, United States Code.

The Grand Jury further charges that this offense was committed in furtherance of the conspiracy alleged in Count I of this Indictment.

All in violation of Title 26, United States Code, Sections 5861(d) and (f) and 5871.

COUNT VI
(Possession and Transfer of Machineguns)
On or about July 11, 1996, at Bellingham, within the Western District of Washington, GARY MARVIN KUEHNOEL did knowingly possess and transfer two machineguns, that is, one (1) Olympic Arms (SGW), model CAR-AR, caliber .223 rifle, serial number Z4564; and one (1) Colt AR-15 A2, model HBAR SPORTER, caliber .223 rifle,serial number SP229788.

All in violation of Title 18, United States Code,Sections 922(o) and 924(a)(2).

A TRUE BILL:
DATED: Aug. 7, 1996

[signatures]

FOREPERSON

KATRINA C. PFLAUMER
United States Attorney

WILLIAM H. REDKEN R.
Assistant United States Attorney

SUSAN B. DOHRMANN
Assistant United States Attorney