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Context of 'April 25, 1995: Nichols Brothers Charged with Making Explosive Devices, Charges Not Directly Linked to Oklahoma City Bombing'

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James Nichols, a Michigan farmer, anti-government white separatist, and the brother of Terry Nichols (see March 24, 1988 - Late 1990), formulates a plan to use a “megabomb” to destroy an Oklahoma City federal building; an unnamed FBI informant will later tell the FBI that James Nichols specifically indicates the Murrah Federal Building. Nichols, who says he is upset over the US’s “role” in the terrorist bombing of Pan Am Flight 103, shares the plan with the informant, who will swear to the information in 1995, after James’s brother Terry Nichols is arrested for helping destroy the Murrah Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “[James] Nichols… made a specific reference to a federal building in Oklahoma City and began looking through the toolshed and workbench for a newspaper clipping depicting the Oklahoma City building,” the informant will say, according to an FBI affidavit. Nichols is unable to find the newspaper clipping, the informant will say, and instead draws a diagram remarkably similar to the Murrah Building. Nichols “later located a newspaper article containing a reference to the Federal Building in Oklahoma City and showed it” to the informer, the affidavit says. The informer is a regular visitor to the Nichols farm. [New York Times, 6/13/1995; Nicole Nichols, 2003] James Nichols routinely stamps US currency with red ink in a protest against the government, and calls his neighbors “sheeple” for obeying authority “like livestock.” A neighbor, Dan Stomber, will recall Nichols criticizing him and others for using drivers’ licences and Social Security cards, and for voting and paying taxes. “He said we were all puppets and sheeple,” Stomber will tell a reporter. “That was the first time I ever heard that word.” Stomber will not recall Nichols discussing any plans to bomb any federal buildings. [New York Times, 4/24/1995] After the Oklahoma City bombing, a friend of Nichols, an Indiana seed dealer named Dave Shafer, will tell authorities that Nichols showed him a diagram of a building remarkably similar to the Murrah Building, still under construction at the time, and said that building would be an excellent target. Shafer will say that he thought Nichols was joking. [Serrano, 1998, pp. 110] It is possible that Shafer and the unnamed FBI informant are the same person. Five years ago, a group of white supremacists had conceived of a plan to destroy the Murrah Building (see 1983).

Entity Tags: Terry Lynn Nichols, Murrah Federal Building, Federal Bureau of Investigation, Dave Shafer, James Nichols, Dan Stomber

Timeline Tags: US Domestic Terrorism

Timothy McVeigh, a nascent white supremacist and survivalist (see March 24, 1988 - Late 1990) who is in the process of taking “early termination” from the US Army after being denied a position in Special Forces (see January - March 1991 and After), moves back in with his father in Pendleton, New York. Initially, he joins a National Guard unit and tries unsuccessfully to join the US Marshals. He is formally discharged from the Army on December 31, 1991. His final psychological assessment from the Army shows him to be under extreme stress and experiencing a powerful sense of disillusionment with the federal government. In January 1992, he goes to work for Burns International Security Services in Buffalo after leaving the Guard (see June 1992), and quickly rises to the rank of inspector. [New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Mickolus and Simmons, 6/1997, pp. 810; Serrano, 1998, pp. 48; Douglas O. Linder, 2001; CNN, 2001; CNN, 12/17/2007] (A New York Times report later says McVeigh leaves the Army in early 1992. A book about McVeigh, One of Ours, claims that McVeigh returns to Pendleton after leaving the Army around Christmas of 1991.) [New York Times, 5/4/1995; Serrano, 1998, pp. 44]
Depressed, Suicidal, Detached, Enraged - Over time, McVeigh becomes increasingly depressed and reportedly considers suicide; friends and colleagues will describe him as deteriorating both mentally and physically, and, in the words of the New York Times, will describe him as “an increasingly unstable man who wavered between gloomy silences and a hair-trigger temper, who lost so much weight he seemed anorexic, and who could follow simple orders but could not handle pressure or take independent action.” Lynda Haner-Mele, a supervisor for Burns Security in Kenmore, New York, later recalls working with McVeigh at the Niagara Falls Convention Center. She remembers calling him “Timmy” and worrying about his weight loss. “He seemed almost lost, like he hadn’t really grown up yet,” she will say. She is unaware of his Army service, later recalling: “He didn’t really carry himself like he came out of the military. He didn’t stand tall with his shoulders back. He was kind of slumped over.… That guy did not have an expression 99 percent of the time. He was cold. He didn’t want to have to deal with people or pressure. Timmy was a good guard, always there prompt, clean, and neat. His only quirk was that he couldn’t deal with people. If someone didn’t cooperate with him, he would start yelling at them, become verbally aggressive. He could be set off easily. He was quiet, but it didn’t take much.”
Increasingly Radicalized - McVeigh becomes increasingly radicalized, growing more disenchanted with the idea of a federal government and distressed about the possibility of a federal crackdown on gun ownership. He talks about the government forcibly confiscating the citizenry’s guns and enslaving citizens. He writes angry letters to newspapers and his congressman on subjects such as his objection to inhumane slaughterhouses and a proposed law prohibiting the possession of “noxious substances,” and warns against an impending dictatorship if action is not soon taken (see February 11, 1992). He urges friends to read a novel, The Turner Diaries (see 1978), which tells the story of a white supremacist revolt against the US government and the extermination of minorities, and gives copies to his friends and relatives. He begins acquiring an arsenal of guns, and sets up a generator and a store of canned food and potable water in his basement so that he would be self-sufficient in case of emergency. He applies to join the Ku Klux Klan, but decides against it because, he believes, the KKK is too focused on race and not enough on gun rights. The Times will later write: “While there was no firm evidence that Mr. McVeigh belonged to any organized right-wing paramilitary or survivalist groups, there was considerable evidence that he sympathized with and espoused their beliefs. He voiced their ideas in conversations, he wrote letters expressing them, he read their literature, and attended their meetings. And he lived, worked, and traded weapons in areas where the paramilitary groups enjoy considerable support, according to numerous interviews.” In the summer of 1992, McVeigh moves to Michigan to stay with his old Army friend Terry Nichols, telling friends he is leaving to find a “free state” in which to live. McVeigh’s and Nichols’s shared hatred of the federal government continues to grow. [New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; CNN, 2001; Douglas O. Linder, 2006; CNN, 12/17/2007] Reportedly, McVeigh tells people that the Army has placed a computer chip in his buttocks to keep him under surveillance. [People, 5/8/1995] McVeigh’s fellow security guard, Carl Edward Lebron Jr., later recalls long conversations with McVeigh that center around “politics, secret societies, some religion and conspiracy theories,” UFOs, and government conspiracies to addict its citizens to illegal drugs. Lebron wonders if McVeigh himself might belong to a secret society of some sort, perhaps a Freemason sect. Lebron will recall McVeigh showing him Ku Klux Klan newsletters and gold coins, some minted in Canada. Lebron becomes worried enough about McVeigh’s apparent instability to tape-record some of their conversations, and keep notes of what McVeigh tells him. What seems to worry Lebron the most is McVeigh’s talk about stealing weapons from Army bases. In August, McVeigh quits his job at Burns, telling coworkers: “I got to get out of this place. It’s all liberals here.” Lebron bids him goodbye, saying, “Stay out of trouble,” to which McVeigh replies: “I can’t stay out of trouble. Trouble will find me.” [Serrano, 1998, pp. 48-57] Law professor Douglas O. Linder will later speculate that McVeigh’s radicalization may have been triggered, and was certainly deepened, by the FBI’s raid on the Ruby Ridge compound of white supremacist Randy Weaver (see August 31, 1992 and August 21-31, 1992). [Douglas O. Linder, 2006] McVeigh later tells his lawyers that during this time, he became increasingly stressed because of what he will call his “heightened sense of awareness of what the news was really saying.” He becomes increasingly obsessed with the news, raging at politicians for trying to blend politics and the military, and at the government for “strong-arming other countries and telling them what to do.” He becomes increasingly enraged by what he calls the increasing anti-gun sentiment in the US, and the “liberal mindset that all things in the world could be solved by discussion.” He learned in the military that most problems can best be solved by aggression, he will say, citing physical fights he had with fellow soldiers and angry confrontations with fellow security workers. [PBS Frontline, 1/22/1996]
Movements Cloudy - McVeigh’s movements are somewhat cloudy during this period. A New York Times report will say that McVeigh and Nichols may have lived together in Marion, Kansas, not Michigan, and McVeigh may have moved to Kingman, Arizona, during this time or sometime later. [New York Times, 4/23/1995]
Future Oklahoma City Bomber - McVeigh will go on to bomb a federal building in Oklahoma City, with Nichols’s aid (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Haner-Mele will have difficulty believing McVeigh orchestrated the bombing. “Timmy just wasn’t the type of person who could initiate action,” she will say. “He was very good if you said, ‘Tim, watch this door—don’t let anyone through.’ The Tim I knew couldn’t have masterminded something like this and carried it out himself. It would have had to have been someone who said: ‘Tim, this is what you do. You drive the truck.’” [New York Times, 5/4/1995] McVeigh’s cousin Kyle Kraus, who received a copy of The Turner Diaries from McVeigh, puts the book away until after the bombing, when he will reread some of it. Horrified, he will contact the FBI; the copy will become an exhibit in McVeigh’s criminal trial (see August 10, 1995). [Serrano, 1998, pp. 51]

Entity Tags: Burns International Security Services, Carl Edward Lebron Jr, Ku Klux Klan, Lynda Haner-Mele, Douglas O. Linder, US Department of the Army, Randy Weaver, William (“Bill”) McVeigh, Kyle Kraus, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Terry Nichols, a white supremacist member of the so-called “Patriot Movement” (see March 24, 1988 - Late 1990 and February 1992), renounces his US citizenship via a “nonresident alien” declaration to the Evergreen, Michigan, Township Clerk. “[T]here is total corruption in the entire political system,” Nichols says; “the entire political system from the local government on up thru and including the President of the United States, George Bush.” He adds: “I no longer am a citizen of the corrupt political corporate state of Michigan and the United States of America.… I follow the common laws, not the Uniform Commercial Codes, Michigan Statutes, etc., that are all colorable laws.… I lawfully, squarely challenge the fraudulent usurping octopus of jurisdiction/authority that does not apply to me. It is therefore now mandatory for… the so-called IRS, for example, to prove its jurisdiction.” He calls himself “a nonresident alien, non-foreigner, stranger to the current state of the forum.” Many will later detect language similar to that used by the Posse Comitatus movement (see 1969). Nichols has already sent his bank a letter revoking his signature on a credit card application, in an attempt to avoid paying $14,000 in credit card debt (another source will say Nichols owes closer to $40,000), writing in part: “I came across some information and in researching it further I have found that your credit, money, and contracts are all based upon fraud, etc., as stated in my revocation document.” The bank wins a lawsuit to compel Nichols to pay his debt; Nichols attempts to pay the debt with a fraudulent “Certified Fractional Reserve Check,” a scheme somewhat similar to the fraudulent checks advocated by the Montana Freemen (see 1993-1994), which the bank refuses to accept. During the court proceedings, Nichols, ordinarily an unusually quiet and shy man, repeatedly defies judicial orders to, among other things, come to the front of the courtroom, and at one point tells the judge, “I’m… a layman, a natural person, a freedom of common-law citizen under threat and duress and to challenge the jurisdiction of this court.” Circuit Judge Donald A. Teeple will later recall: “He was hollering in a loud voice. I informed him that if he didn’t keep quiet, I’d send him to jail. Then he decided to come around the rail” and participate quietly in the hearing. [New York Times, 4/23/1995; New York Times, 5/28/1995; PBS Frontline, 1/22/1996; New York Times, 12/24/1997; Southern Poverty Law Center, 6/2001; Nicole Nichols, 2003; Nicole Nichols, 2003] Both Terry Nichols and his brother James (see December 22 or 23, 1988) routinely stamp their paper money with the words “Discharged Without Prejudice,” a phrase indicating they do not accept its validity. The money-stamping is popular among Posse Comitatus members (see 1969) as they claim money not backed by gold lacks credibility. They also refuse to buy license plates for their vehicles or register them. James Nichols will also renounce his citizenship sometime later [Nicole Nichols, 2003; Nicole Nichols, 2003] , telling local courthouse officials that he is “no longer one of your citizens or a resident of your de facto government.” In mid-1992, Nichols will spend several days in jail for refusing to recognize a court’s authority to make him pay child support; after those days in a cell, he will agree to the court’s mandate. [New York Times, 4/24/1995; Serrano, 1998, pp. 109] Nichols will later be convicted for his role in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997).

Entity Tags: Montana Freemen, James Nichols, Posse Comitatus, Donald A. Teeple, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Combat engineering vehicles (CEVs) lined up outside the blazing Branch Davidian compound.Combat engineering vehicles (CEVs) lined up outside the blazing Branch Davidian compound. [Source: PBS]The FBI and local law enforcement officials begin their planned assault on the besieged Branch Davidian compound near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 17-18, 1993), despite indications that the Davidians inside the compound will retaliate either by firing on the gathered law enforcement officials, by torching the main residential building, or perhaps both (see April 18, 1993). [PBS Frontline, 10/1995]
Warning - At 5:55 a.m., Richard Rogers, the commander of the FBI’s Hostage Rescue Team (HRT), orders two combat engineering vehicles (CEVs, unarmed modifications of Bradley fighting vehicles and the primary means for deplying CS “riot control agent” into the main building) deployed to the main building. One minute later, senior negotiator Byron Sage telephones the residence and speaks with Davidian Steve Schneider. At 5:59, Schneider comes to the phone. Sage tells him: “We are in the process of putting tear gas into the building. This is not an assault. We will not enter the building.” Schneider replies, “You are going to spray tear gas into the building?” Sage says, “In the building… no, we are not entering the building.” At the conclusion of the conversation, Schneider or another Davidian throws the telephone out of the building. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] Minutes later, Schneider slips out, retrieves the phone, and ducks back inside. [Time, 5/3/1993]
Combat Vehicles Begin Deploying Gas, Davidians Open Fire - At 6:02 a.m., the two CEVs begin inserting CS gas into the compound, using spray nozzles attached to booms. The booms punch holes through the exterior walls of the building. The FBI uses unarmed Bradley Fighting Vehicles to deploy “ferret rounds,” military ammunition designed to release CS after penetrating a barricade such as a wall or window. As the CEVs and the Bradleys punch holes into the buildings for the deployment of the gas, Sage makes the following statement over the loudspeakers: “We are in the process of placing tear gas into the building. This is not an assault. We are not entering the building. This is not an assault. Do not fire your weapons. If you fire, fire will be returned. Do not shoot. This is not an assault. The gas you smell is a non-lethal tear gas. This gas will temporarily render the building uninhabitable. Exit the residence now and follow instructions. You are not to have anyone in the tower. The [guard] tower is off limits. No one is to be in the tower. Anyone observed to be in the tower will be considered to be an act of aggression [sic] and will be dealt with accordingly. If you come out now, you will not be harmed. Follow all instructions. Come out with your hands up. Carry nothing. Come out of the building and walk up the driveway toward the Double-E Ranch Road. Walk toward the large Red Cross flag. Follow all instructions of the FBI agents in the Bradleys. Follow all instructions. You are under arrest. This standoff is over. We do not want to hurt anyone. Follow all instructions. This is not an assault. Do not fire any weapons. We do not want anyone hurt. Gas will continue to be delivered until everyone is out of the building.” Two minutes later, Davidians begin firing on the vehicles from the windows. The gunfire from the Davidians prompts Rogers and FBI commander Jeffrey Jamar to decide to change tactics; at 6:07 a.m., the assault forces begin deploying all of the gas at once instead of dispersing it in a controlled manner over the course of 48-72 hours as originally envisioned. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996; USMC Weapons, 2002] (Jamar will later testify that before the assault even began, he was “99 percent certain” that the FBI would have to escalate its assault because the Davidians would open fire.) [House Committee on Government Reform and Oversight, 8/2/1996] As a CEV demolishes the back wall of the gymnasium area of the compound, negotiators broadcast: “David, we are facilitating you leaving the compound by enlarging the door.… Leave the building now.” [Cox News Service, 1/30/2000] Jamar will later explain that the Bradleys do not carry military weaponry. “Of course we had all the firepower removed,” he will say in a 1995 interview. “There were no cannons or anything on them. We used them for transportation. And they’re more than a personnel carrier—they’re a track vehicle. I mean it’s mud, just thick mud there the whole time. And the agents learned how to drive ‘em. But the idea was to protect them as best we could. And we didn’t know—they talked about blowing a 50—did they have rockets? Who knows? Did they have explosives buried in various vicinities? Are they prepared to run out with Molatov cocktails? What’s in their mind?” Jamar is referring to threats made by Koresh and other Davidians to blow up FBI vehicles. As for the CEVs, they are tanks modified for construction and engineering purposes, and are often used as bulldozers. Observers watching the events live on television or later on videotape will sometimes mistake the CEVs for actual tanks, though two M1A1 Abrams tanks are actually on site and take part in the assault. [PBS Frontline, 10/1995; PBS Frontline, 10/1995]
House Report: Davidians Would Certainly Consider FBI's Actions an Assault - A 1996 report by a House of Representatives investigative committee (see August 2, 1996) will note that it is almost impossible for the Davidians not to consider themselves under assault, with tank-like vehicles tearing holes in the building, CS being sprayed everywhere, grenade-like projectiles crashing through windows, men in body armor swarming around the compound, and the sounds of what seems like combat all around them. “Most people would consider this to be an attack on them—an ‘assault’ in the simplest terms,” the report will find. “If they then saw other military vehicles approaching, from which projectiles were fired through the windows of their home, most people are even more likely to believe that they were under an assault. If those vehicles then began to tear down their home there would be little doubt that they were being attacked. These events are what the Davidians inside the residence experienced on April 19, yet the FBI did not consider their actions an assault.” Moreover, the FBI did not consider the close-knit, home-centered community the Davidians have long since formed. “Their religious leader led them to believe that one day a group of outsiders, non-believers, most likely in the form of government agents, would come for them,” the report will state. “Indeed, they believed that this destiny had been predicted 2,000 years before in Biblical prophecy. Given this mindset, it can hardly be disputed that the Davidians thought they were under assault at 6 a.m. on April 19.” [House Committee on Government Reform and Oversight, 8/2/1996]
Monitoring from Washington - At 7:00 a.m., Attorney General Janet Reno and senior Justice Department and FBI officials go to the FBI situation room to monitor the assault. [PBS Frontline, 10/1995]
Buildings Breached - At 7:30 a.m., a CEV breaches the side of one of the main buildings and injects large amounts of tear gas into the interior of the compound. At 7:58 a.m., gas is fired into the second floor of the back-right corner of the building. The FBI asks for more ferret rounds, and by 9:30 a.m., 48 more ferret rounds arrive from Houston. The assault is hampered by the FBI’s dwindling supply of ferret rounds, a CEV with mechanical difficulties, and high winds dispersing the gas. Another CEV enlarges the opening in the center-front of the building, with the idea of providing an escape route for the trapped Davidians. A third CEV breaches the rear of the building, according to a later Justice Department report, “to create openings near the gymnasium.” [PBS Frontline, 10/1995]
Clinton Told Assault Progressing Well - At about 11 a.m., Reno briefs President Clinton, tells him that the assault seems to be going well, and leaves for a judicial conference in Baltimore. During this time, a CEV breaches the back side of the compound. At 11:40 a.m., the FBI fires the last of the ferret rounds into the building. At 11:45 a.m., one wall of the compound collapses. [PBS Frontline, 10/1995]
Transcriptionist Escapes - Ruth Riddle, the typist and transcriptionist sent inside the compound by the FBI to help Koresh finish his “Seven Seals” manuscript (see April 18, 1993), escapes the compound before the fire. She brings out a computer disk containing the unfinished manuscript. [Dean M. Kelley, 5/1995]
Davidians Set Fires throughout Compound - At 12:07 p.m., according to the Justice Department and House reports, the Davidians start “simultaneous fires at three or more different locations within the compound.” An FBI Hostage Rescue Team member reports seeing “a male starting a fire” in the front of the building. Later analyses show that the first fire begins in a second-floor bedroom, the second in the first floor dining room, and the third in the first floor chapel. Evidence also shows that the fires spread according to “accelerant trails,” such as a trail of flammable liquid being poured on the floor. Some of the Davidians’ clothing found in the rubble also shows traces of gasoline, kerosene, Coleman fuel (liquid petroleum, sometimes called “white gas”), and lighter fluid, further suggesting that the Davidians use accelerants to start and spread the fires. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] Within eight minutes, the main building is engulfed in flames. One explosion, probably from a propane gas tank, is observed. Later investigation will find a propane tank with its top blown off in the debris. [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] After the compound burns to the ground, FBI agent Bob Ricks tells reporters, “David Koresh, we believe, gave the order to commit suicide and they all willingly followed.” [New York Times, 4/20/1993] Some of the Davidians who survive the conflagration later claim that the Davidians did not start the fires, but arson investigators with the Justice Department and the Texas Rangers, as well as an independent investigator, will conclude that Davidians did indeed start the fires in at least three different areas of the main building. [PBS Frontline, 10/1995] A 1993 Treasury Department report (see Late September - October 1993) will produce audiotapes of Davidians inside the compound and transcripts of conversations, secured via electronic surveillance, discussing the means of setting the fires. Voices on the tapes and in the transcripts say such things as: “The fuel has to go all around to get started.” “Got to put enough fuel in there.” “So, we only light ‘em as they come in,” or as a slightly different version has it, “So, we only light ‘em as soon as they tell me.” Once the fires begin, high winds and the breaches in the walls cause the flames to almost immediately begin consuming the compound. [Dean M. Kelley, 5/1995] In 1999, Colonel Rodney Rawlings, the senior military liaison to the HRT, will tell reporters that he heard Koresh give the orders to start the fires over FBI surveillance “bugs” (see October 8, 1999). Sage later describes the horror that goes through him and his fellow agents when they realize that the Davidians have torched the compound. He will recall “pleading” with the Davidians to leave the compound, and say: “I can’t express the emotions that goes through you. I had to physically turn around away from the monitor to keep my mind focused on what I was trying to broadcast to those people.” He will recall being horrified by the failure of people to flee the compound. “I fully anticipated those people would come pouring out of there,” he says. “I’d been through CS teargas on numerous occasions [in training exercises]. And I would move heaven and earth to get my kids out of that kind of an environment. And that’s frankly what we were banking on. That at least the parents would remove their children from that kind of situation.” Of Koresh, he will say: “By him intentionally lighting that place afire and consuming the lives of 78 people, including over 20 young children, was just inconceivable to me. In 25 years of law enforcement I’ve never been faced with someone that was capable of doing that.” [PBS Frontline, 10/1995] Six years later, the FBI will admit to releasing two pyrotechnic grenades into the compound, but insists the grenades did not start the fires (see August 25, 1999 and After).
Plea for Release - At 12:12 p.m., Sage calls on Koresh to lead the Davidians to safety. Nine Davidians flee the compound and are arrested [PBS Frontline, 10/1995] , including one woman who leaves, attempts to return to the burning building, and tries unsuccessfully to fight off a federal agent who comes to her aid. [New York Times, 4/20/1993] One of the nine runs out of the building at around 12:28 p.m., indicating that even 21 minutes after the fire, it is possible for some of the inhabitants to make their escape. However, most of the Davidians retreat to areas in the center of the building and do not attempt to get out. [House Committee on Government Reform and Oversight, 8/2/1996]
'Systematic Gunfire' - At 12:25 p.m., FBI agents hear “systematic gunfire” coming from inside of the building; some agents believe that the Davidians are either killing themselves or each other. The House committee investigation later finds that FBI agents hear rapid-fire gunshots coming from the compound; while many of the gunshots are probably caused by exploding ammunition, “other sounds were methodical and evenly-spaced, indicating the deliberate firing of weapons.”
Fire Department Responds; Search for Survivors - At 12:41 p.m., fire trucks and firefighters begin attempting to put out the flames. HRT agents enter tunnels to search for survivors, particularly children. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] No fire trucks are at the scene when the assault begins, and it takes around 25 minutes for the first fire department vehicles to respond to emergency calls from their stations in Waco. Bob Sheehy, mayor of Waco, later says the city fire department “first got a call after the fire had already started.” Ricks explains that fire engines were not brought to the compound earlier for fear that firefighters might have been exposed to gunfire from the compound, and because FBI officials did not expect a fire. “We did not introduce fire to this compound, and it was not our intention that this compound be burned down. I can’t tell you the shock and the horror that all of us felt when we saw those flames coming out of there. It was, ‘Oh, my God, they’re killing themselves.’” [New York Times, 4/20/1993]
Death Toll - In all, 78 Branch Davidians, including over 20 children, two pregnant women, and Koresh himself, die in the fire. Nineteen of the dead are killed by close-range gunshot wounds. Almost all of the others either die from smoke inhalation, burns, or both. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] The number is improperly reported in a number of media sources, and varies from 75 to 81. Even the House committee report does not cite a definitive total. [House Committee on Government Reform and Oversight, 8/2/1996] Some of the FBI negotiators involved in the siege later say that they feel continued negotiations might have saved many, perhaps all, of the lives of those inside the compound. In an interview later in the year, one negotiator tells a reporter, “I’ll always, in my own mind, feel like maybe we could have gotten some more people out.” [New Yorker, 5/15/1995] But HRT member Barry Higginbotham, one of the snipers who observes the Davidians throughout the siege, will later state that neither he nor anyone on his team believed the Davidians would ever willingly surrender. Higginbotham will say: “We just felt that if you make them suffer a little more, deny them perhaps a little more food, lighting, power, things like that inside, that would cause more pressure on their leadership inside. And perhaps their leadership would go to Koresh and pressure him to start negotiating in good faith. It was hard to believe that Koresh was ever negotiating in good faith.” [PBS Frontline, 10/1995] In the hours after the conflagration, Ricks tells reporters: “We had hoped the women would grab their children and flee. That did not occur and they bunkered down the children and allowed them to go up in flames with them.… It was truly an inferno of flames.” Ricks says that authorities receive reports, perhaps from some of the survivors, that the children had been injected with some kind of poison to ease their pain. This claim is never confirmed. [New York Times, 4/20/1993]
In the Bunker - FBI investigators combing the building after the conflagration find an enormous amount of guns and other weaponry inside. Dr. Rodney Crow, the FBI’s chief of identification services and one of the officials who examine the bodies of the Davidians, spends much of his time in the compound’s underground bunker, where many of the bodies are found. Crow later says: “There were weapons everywhere. I don’t remember moving a body that didn’t have a gun melted to it, intertwined with it, between the legs, under the arm, or in close proximity. And I’d say 18 inches to 20 inches would be close proximity.… The women were probably more immersed in the weapons than anyone else, because there was so much weaponry inside the bunker. It was like sea shells on a beach, but they were spent casings and spent bullets. If you had rubber gloves and tried to smooth it away, you’d tear your gloves away from the bullet points that are unexploded, or unspent ammunition. Then as you went through layer after layer, you came upon weapons that were totally burned. Until we got down to the floor, and it was mint condition ammunition there. Ammunition boxes not even singed.” The most powerful weapon Crow finds is a .50-caliber machine gun. Some of the bodies have gunshot wounds. Crow will say: “My theory is there was a lot of euthanasia and mercy killing. That group probably were just about as active as anywhere in the compound, mercifully putting each other out of misery in the last moments.” In total, 33 bodies are found inside the bunker; almost all the women and children found inside the compound are in the bunker. Many are found to have died from suffocation or smoke inhalation (two died from falling debris), but some died from gunshot wounds, and one woman was stabbed to death. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Local medical examiner Nizam Peerwani later says he does not believe the people in the bunker committed suicide, saying: “There has been a lot of speculation if this is a mass suicide or not. And—did they all go there to die? Ah, we don’t really think so. What I feel personally is that they tried to escape. A bunker was perhaps the safest area in the compound.” [PBS Frontline, 10/1995] Sage will say that he knew the children were dead sometime around 12:30 p.m. He recalls terminating the negotiations at that time, “because I didn’t want the loudspeaker bank to interfere with instructions being given on the ground. At that point in time, I walked over to the site in shock, basically. And, uh, the first thing I asked is, ‘Where are the kids?’” He is told, “Nowhere.” Sage will say: “They had not come out. They had been consumed.” [PBS Frontline, 10/1995]
Koresh's Fate - Koresh and Schneider are found in a small room the authorities call “the communication room.” Koresh is dead of a single gunshot wound to the forehead. Schneider is dead from a gunshot wound in the mouth. Peerwani later says: “Did David Koresh shoot himself and Schneider shoot himself? Or did Schneider shoot David Koresh and then turn around and shoot himself? Certainly both are possible. We cannot be certain as to what really transpired.” [PBS Frontline, 10/1995]
No Ill Effects from Gas - Peerwani and his colleagues examine the bodies for damage caused by the CS gas used in the assault, and find none. While many of the Davidians were exposed to the gas, according to tissue and blood studies, none inhaled enough of it to cause anything more than short-term discomfort. Concurrently, Peerwani and his colleagues find no damage from the propellant used in the ferret rounds. A fire report later written by Texas-based investigators will call the tear gas operation a failure at dispersing the Davidians. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Medical examinations show that some of the children may well have been overcome by the gas, and rendered unable to escape, but the compound had not been gassed for an hour before the fires began, and CS has a persistence factor of only 10 minutes—in other words, the effects should have worn off by the time the fires broke out. The gas proves ineffective against the adults, because the adult Davidians are equipped with gas masks. [PBS Frontline, 10/1995]
Wrongly Executed Plan - The plan as signed by Reno called on law enforcement forces to deploy tear gas into the compound at stated intervals, then have agents retreat to await evacuees before approaching again. This “passive,” “restrained” approach was to have been followed for up to 72 hours before using assault vehicles to force entry. Instead, the agents wait only 12 minutes before beginning a motorized vehicle assault. [New Yorker, 5/15/1995]
Taking Responsibility - One of the unlikely “heroes” of the debacle is Reno. She signed off on the attack (see April 17-18, 1993), and within hours of the attacks, she holds a televised press conference where she says: “I made the decision. I am accountable . The buck stops here” (see April 19, 1993). She repeats this statement over and over again on national television. [New Yorker, 5/15/1995]

Entity Tags: Bob Ricks, Bob Sheehy, Branch Davidians, David Koresh, FBI Hostage Rescue Team, Barry Higginbotham, Federal Bureau of Investigation, Janet Reno, Jeffrey Jamar, Byron Sage, US Department of Justice, Nizam Peerwani, William Jefferson (“Bill”) Clinton, Richard Rogers, Rodney Rawlings, Rodney Crow, Ruth Riddle, Texas Rangers, Steve Schneider

Timeline Tags: 1993 Branch Davidian Crisis

Future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992, May-September 1993 and 8:35 a.m. - 9:02 a.m. April 19, 1995) again goes to Michigan to join his Army buddy and future co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, and April 2, 1992 and After). He stays with Nichols for several months, living on a farm in Decker, Michigan, owned by Nichols’s brother James Nichols (see December 22 or 23, 1988) and helping with the harvest. The two also drive around the country, buying and selling items at gun shows. Enraged by the debacle in Waco (see April 19, 1993), McVeigh and Nichols begin experimenting with explosives on James Nichols’s farm, meeting with members of the nascent Michigan Militia (see April 1994), and proposing to launch violent attacks on judges, lawyers, and police officers (see April 19, 1993 and After). McVeigh and Nichols find the militiamen too inactive for their taste. (Michigan Militia spokesmen will later claim that they ejected Nichols and his brother James from their group for their “hyperbolic language”; after the bombing, militia leader Norm Olson will say, “These people were told to leave because of that type of talk of destruction and harm and terrorism.”) Inspired by the novel The Turner Diaries (see 1978), McVeigh and Nichols form their own small “cell” (see February 1992), calling themselves the “Patriots.” (Some neighbors will later say that McVeigh and Nichols were not necessarily building “practice bombs” for later use, but merely amusing themselves—“mixtures of mainly household chemicals”—to relieve the boredom of farm work.) In October, they drive to Elohim City, a white supremacist compound in eastern Oklahoma (see 1973 and After), where they meet with at least one member of the Aryan Republican Army (see 1992 - 1995). A speeding ticket from December 1993 shows McVeigh makes multiple visits to the compound. During this time, Nichols and McVeigh go to a gun show in Arkansas, and briefly consider buying a house there, but instead they return to Michigan. Neighbors later recall that McVeigh and Nichols go to several meetings of the Michigan Militia (see January 1995). McVeigh begins using the alias “Tim Tuttle,” and begins buying nitromethane, a key ingredient in explosives, at hobby shops (see December 1993). [New York Times, 4/24/1995; New York Times, 5/4/1995; New York Times, 5/28/1995; Stickney, 1996, pp. 159; Douglas O. Linder, 2001; Nicole Nichols, 2003] During this time, McVeigh acquires a Michigan driver’s license. [New York Times, 4/23/1995] After the bombing, Elohim City leader Robert Millar will deny having any knowledge of McVeigh (see April 1993 and May 24, 1995).

Entity Tags: Robert Millar, Elohim City, Aryan Republican Army, James Nichols, Norman (“Norm”) Olson, Timothy James McVeigh, Terry Lynn Nichols, Michigan Militia

Timeline Tags: US Domestic Terrorism

A man identifying himself as “Terry Tuttle” attempts to buy 100 percent liquid nitro model airplane fuel from a hobby shop in Marlette, Michigan. The shop personnel agree to order the fuel, but later inform Tuttle they could not obtain it. Tuttle tells the shop personnel that he has found a source elsewhere. After the Oklahoma City bombing (see April 19, 1993 and April 19, 1993 and After), federal investigators find (see April 25, 1995) that “Tuttle” is an alias used by bomber Timothy McVeigh (see November 1991 - Summer 1992). Marlette is only 20 miles from Decker, Michigan, where McVeigh currently lives (see October 12, 1993 - January 1994). Investigators will say that the fuel ordered by McVeigh could be combined with other chemicals to improvise explosives. [PBS Frontline, 1/22/1996; New York Times, 4/25/1996]

Entity Tags: Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992 and 8:35 a.m. - 9:02 a.m. April 19, 1995) returns to Kingman, Arizona, where he moves in again with his Army friend Michael Fortier (see May-September 1993). During this time, McVeigh takes, and loses, a number of jobs, including a security guard position and as a clerk at a Tru-Value hardware store (see February - July 1994). (A chronology of McVeigh’s actions completed by his lawyers will say that shortly after arriving, he leaves Fortier’s home and moves into a house in Golden Valley, Arizona, about 20 miles outside of Kingman, where he lives for six months—see Early 2005. Other evidence disputes this claim.) He turns the house into a bunker, and begins experimenting with bombs and explosives. He renounces his US citizenship on March 16, begins openly speaking of his apocalyptic world views, and continues taking methamphetamines and smoking marijuana (see May-September 1993). In July, McVeigh and Fortier steal items from a National Guard armory. [New York Times, 4/23/1995; New York Times, 4/24/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001] In April, McVeigh spends a brief period of time at the home of Roger Moore, a gun dealer in Arkansas (see March 1993). In June, he goes to upstate New York to visit his ailing grandfather. McVeigh serves as best man in the Fortiers’ July wedding. [PBS Frontline, 1/22/1996]
Conflicting Stories of Problems at Residence - For a time, McVeigh lives in a Kingman, Arizona, trailer park (see May-September 1993). Residents will later tell some reporters that he was arrogant and standoffish, and full of anger against the US government. “He drank a lot of beer and threw out the cans, and I always had to pick them up,” Bob Ragin, owner of the park, will be quoted as saying. Ragin will remember having frequent quarrels with McVeigh, whom Ragin says played loud music and kept a dog in violation of his lease. “Basically he just had a poor attitude, a chip on the shoulder kind of thing,” Ragin will recall. “He was very cocky. He looked like he was ready to get in a fight pretty easy. I’ll tell you, I was a little afraid of him and I’m not afraid of too many people.… You’d tell him there were beer cans all over the yard and he’d just mumble. When I went to talk to him, I’d tell somebody, ‘If you hear fighting or windows breaking, call the police.‘… [H]e piled up so many violations, I asked him to leave. When he did, the trailer was a disaster. It was trashed.” A neighbor, Danny Bundy, later recalls, “Him and his girlfriend drove like maniacs through here.” Some reports will say McVeigh’s alleged girlfriend was pregnant. Bundy will also recall McVeigh standing at the edge of the trailer park and firing rounds from a semiautomatic weapon into the desert. In 1996, author Brandon M. Stickney will write that the characterizations of McVeigh’s troublesome behavior at the mobile home park are largely wrong. He will quote Ragin as calling McVeigh “the perfect tenant,” and will write: “These stories, published by many top news agencies like the Associated Press and the New York Times, were completely wrong. One of the sources quoted even recanted his statements. Timothy McVeigh may have been unstable, but he was never the type to drink a lot of beer, play loud music (he is known for using headphones unless he was in his car), or have a girlfriend, much less a pregnant one.” Stickney will write that McVeigh spent much of this period, not living in a rented trailer, but with the Fortiers, and later in a small rental house in Golden Valley, a claim that tallies with the chronology later created by McVeigh’s lawyers. The FBI will learn that McVeigh owned a Tec-9 semiautomatic assault weapon, which is illegal to own (see September 13, 1994) but was legal when McVeigh bought it in early 1993. Another Kingman resident, Jeff Arrowood, will recall seeing McVeigh frequent a local shooting range. Arrowood will say that McVeigh fires hundreds of rounds at random targets. “Quite frankly, it scared the hell out of me,” he will say. “He pretty much went crazy, emptying on anything—trees, rocks, anything there. He just went ballistic.” [New York Times, 4/23/1995; New York Times, 4/23/1995; New York Times, 4/24/1995; Stickney, 1996, pp. 152, 163-165]

Entity Tags: Bob Ragin, Danny Bundy, Associated Press, Brandon M. Stickney, Timothy James McVeigh, New York Times, Roger E. (“Bob”) Moore, Jeff Arrowood, Michael Joseph Fortier, Lori Fortier

Timeline Tags: US Domestic Terrorism

Timothy McVeigh, preparing to execute the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), tells his friend and fellow co-conspirator Terry Nichols (see April 16-17, 1995), “Something big is going to happen.” McVeigh had mailed two letters to his sister Jennifer (see March 9, 1995 and April 7, 1995) telling her that “something big is going to happen,” and followed them with an envelope full of clippings from the novel The Turner Diaries (see 1978). When she learns of her brother’s arrest in connection with the bombing, she will burn the clippings. [New York Times, 4/26/1995; New York Times, 5/7/1997; Anti-Defamation League, 2005] Press reports will say that Jennifer in turn has already told friends in December 1994 that “something big is going to happen in March or April, and Tim’s involved” (see Mid-December 1994), but she will deny saying this. [New York Times, 8/4/1995] This information will later be included in an affidavit accompanying an arrest warrant for Nichols (see April 25, 1995).

Entity Tags: Timothy James McVeigh, Jennifer McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The Murrah Federal Building before the bombing.The Murrah Federal Building before the bombing. [Source: Oklahoma City National Memorial (.com)]Oklahoma City bomb plotter Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995) meets his partner Timothy McVeigh (see April 15, 1995) at a gas station next to a Dairy Queen in Herington, Kansas, where Nichols lives (see (February 20, 1995)). (McVeigh had expected to meet Nichols at Geary State Park in Kansas earlier this morning, but Nichols failed to appear.) The two travel separately to Oklahoma City to scout the location for planting the fertilizer bomb they have constructed (see December 22 or 23, 1988 and September 13, 1994); McVeigh leaves his getaway car (see April 13, 1995), backing it up against a brick wall and leaving a note (that obscures the car’s VIN number) asking that the car not be towed. They then drive back to Kansas, arriving sometime before 2:00 a.m on April 17. Nichols drops McVeigh off at a McDonald’s restaurant in Junction City, and drives back to Herington. Nichols has already told McVeigh he does not want to be directly involved in planting the bomb (see March 1995 and March 31 - April 12, 1995). When the bomb detonates three days later (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Nichols is at his Kansas home. [PBS Frontline, 1/22/1996; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Different Account of Events - In statements given to authorities shortly after the bombing (see 3:15 p.m. and After, April 21-22, 1995 and April 25, 1995), Nichols will tell a very different version of events. Nichols will say that on April 16, Easter Sunday, he plans on taking his family to mass at a local Catholic church, drives to the church, and returns with the news that there are no services being held. Instead, Nichols will say, he and the family drive 25 miles to St. Xavier’s in Junction City. They then return home and have an Easter meal. Sometime after 3:00 p.m., he will say, McVeigh calls him and asks him to pick him up in Oklahoma City, asks him to tell his wife Marife that he is driving to Omaha, not Oklahoma City, and asks him to “keep this between us.” McVeigh, Nichols will say, has a television that once belonged to Nichols’s ex-wife Lana Padilla, and wants Nichols to come get the television. Nichols will say he wants the television as his son Joshua, who usually lives with Padilla but is visiting him, wants to watch television during his stay. Joshua asks to go with his father to Omaha and Nichols turns him down. Nichols drives from Herington to Oklahoma City, a five-hour trip, picks up McVeigh, and drives to Junction City, Kansas. Nichols will say that he drives by the Murrah Federal Building two or three times before seeing McVeigh in an alley and picking him up. During the drive to Junction City, McVeigh tells Nichols, “Something big is going to happen” (see April 15, 1995). Nichols, who will claim to be unaware of any plans to detonate a bomb (see March 31 - April 12, 1995), asks, “Are you going to rob a bank?” to which McVeigh repeats his previous statement, “Something big is going to happen.” According to Nichols’s story, he then drops McVeigh off in Junction City and returns to Herington sometime after midnight. Marife Nichols will confirm that Nichols brings a television into the house with him; she will see it when she wakes up on April 17. It is old and almost completely unusable, being without an antenna; Nichols will later get cable television activated. Nichols will claim that on April 17, the family watches rented videos on the television, including The Lion King, and will claim that he spends some of the day puttering around the house, trying to fix a broken fuel meter that he wants to resell. He will say that he takes the family to eat dinner at a steakhouse that evening, then drives to the airport to see Joshua off (see (6:00 p.m.) April 17, 1995). Nichols will say that he will not hear from McVeigh again until April 18 (see Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and Early Afternoon, April 18, 1995). [New York Times, 4/26/1995; Associated Press, 3/16/1996; Serrano, 1998, pp. 146-148]

Entity Tags: Timothy James McVeigh, Marife Torres Nichols, Geary State Fishing Lake And Wildlife Area, Murrah Federal Building, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) leaves the Dreamland Motel in Junction City, Kansas (see 3:30 a.m. April 18, 1995), and drives his rented Ryder truck (see 3:00 - 5:00 p.m. April 17, 1995) to Herington, Kansas, where he has planned to meet with his co-conspirator Terry Nichols (see (February 20, 1995)) at 6:00 a.m. The plan is for McVeigh and Nichols to meet in the parking lot of the Pizza Hut near the storage unit where they have stored materials for the bomb (see September 22, 1994), leave Nichols’s truck at the Pizza Hut, and ride in the truck to the storage shed. Nichols, who has told McVeigh he does not want to participate directly in the bombing (see March 1995 and March 31 - April 12, 1995), does not appear. Nichols will later tell FBI investigators that around 6:00 a.m., McVeigh calls him asking to borrow his pickup truck to pick up some items and look at vehicles, and asking him to pick up McVeigh on his way to an auction in Fort Riley, Kansas (see November 20-21, 1997). At 6:15 a.m., McVeigh begins loading the truck himself, first loading empty drums and then beginning to load the seven boxes of fuel-oil gel. At 6:30 a.m., Nichols arrives in his truck. McVeigh has already loaded 20 50-pound bags of fertilizer into the truck. Nichols wants to leave and wait until sunrise to finish loading the truck, but McVeigh refuses. Nichols drives his truck to the Pizza Hut and walks back to the shed. Nichols then helps McVeigh load another 70 bags of fertilizer and three 55-gallon drums of nitromethane. McVeigh and Nichols leave in the shed a Ruger Mini 30 rifle, a duffel bag, LBE rifles and extra magazines for the guns, a smoke grenade, a hand grenade, a CS gas grenade, a shortwave radio, three KinePal explosive sticks similar to dynamite sticks, two changes of McVeigh’s clothing, three license plates, and a shovel. McVeigh tells Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” Nichols and McVeigh drive to Geary Lake State Park, Nichols in his pickup truck, McVeigh in the Ryder. [New York Times, 4/26/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 150; Douglas O. Linder, 2001]
Nichols Tells Different Story - Nichols will later describe to investigators (see April 25, 1995) a somewhat different chain of events. According to Nichols, McVeigh calls him at 6 a.m. and asks him to come to Junction City; according to Nichols’s statement, he drives to Fort Riley, where he intends to spend most of the day at an auction (see November 20-21, 1997), and lets McVeigh have the truck. Nichols will say that McVeigh returns the truck later this afternoon and the two drive to a storage shed, where McVeigh instructs Nichols to clean out the shed if he does not “come back in a while.” [New York Times, 4/26/1995; PBS Frontline, 1/22/1996]
Witnesses See McVeigh in Junction City, McVeigh Will Say Witnesses Are Mistaken - Two witnesses will later say they see McVeigh and another, unidentified man park a Ryder truck in front of a Hardee’s restaurant in Junction City sometime during the morning, but McVeigh will later tell his lawyers that this does not occur. [PBS Frontline, 1/22/1996]

Entity Tags: Dreamland Motel (Junction City, Kansas), Geary State Fishing Lake And Wildlife Area, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

James Nichols, the older brother of accused Oklahoma City bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995), is taken into FBI custody as a material witness. The FBI lacks evidence to immediately arrest James Nichols, but considers him a strong possibility of being a conspirator in the bombing plot (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 20-21, 1995). Shortly after the bombing, as James Nichols will later recall, FBI agents descended on his home town of Decker, Michigan, drawn there by the address given by suspected bomber Timothy McVeigh (see April 21, 1995) to a Kansas motel just days before the bombing. The address is that of Nichols’s family farm, where McVeigh has stayed frequently in the past (see April 20-21, 1995). At first, Nichols hears rumors of an “FBI raid” on Decker, and finds them hilariously “far-fetched.” He will later tell a reporter: “Decker? The Oklahoma City bombing? I mean, everyone knows that’s the kind of thing a terrorist or an intelligence agent would do in a foreign country, not something a hick from Podunk, USA would do to his fellow citizens, his own countrymen. Not a chance!” Nichols runs some errands in town, including putting down a $2,000 deposit on a tractor engine he is having rebuilt, when he drives into a roadblock put up by local police officers. He can see federal agents on his farm from the road, and identifies himself to a police officer. [Jerusalem Post, 4/23/1995; Serrano, 1998, pp. 232]
Taken into Custody - Nichols will later recall: “The government agents surrounding my farm possessed enough firepower to easily defeat a small planet. As I approached my driveway, an ATF (Bureau of Alcohol, Tobacco and Firearms, also called BATF) agent who mistakenly thought he was in a ninja movie—I could tell by the way he was dressed and by the way he acted—jumped in my car and ordered me not to move, while pointing an assault rifle at my face in a nervy menacing manner. This guy seemed to be a recruit from the KGB or Gestapo or something, and was obviously a loose cannon who was also a few bricks short of a full load—a prerequisite for any adult who wants to dress and act like a Ninja turtle.” The federal agents who arrived at Nichols’s farm had come dressed in SWAT outfits. Nichols will go on to talk about the “cold eyes of a fanatic” over “the barrel of a fully automatic assault rifle” trained on him as the agent steers him onto his property. “Does this guy want to take it out on me because he wasn’t fortunate enough to be involved in the turkey shoots at Waco (see August 31, 1992 and August 21-31, 1992) and Ruby Ridge (see April 19, 1993 and April 19, 1993 and After)?” Nichols will later recall wondering. Nichols is taken into custody and held on unrelated charges of conspiring with his brother and McVeigh to make explosive devices (see April 25, 1995), keeping him in a local prison.
Admits to Making Small Bombs on Farm - Nichols tells the agents that over the past few years, he has seen his brother and McVeigh make and detonate “bottle bombs” using brake fluid, gasoline, and diesel fuel. Sometimes he joined in with the bomb-making, he admits, but says the explosive devices were extremely small. He admits that McVeigh has stayed at the farm before, and says he believes “McVeigh had the knowledge to manufacture a bomb.”
Witnesses Add Details - A neighbor, Dan Stromber, tells agents that he had seen the Nichols brothers make explosive devices by mixing fertilizer, peroxide, and bleach in plastic soda bottles. “We’re getting better at it,” he recalls James Nichols saying to him. Stromber also says the brothers were angry and resentful over the sieges at Ruby Ridge, Idaho, and Waco, Texas, the same incidents to which James Nichols will later refer. “The judges and President Clinton should be killed” because of the incidents, Stromber recalls James Nichols saying. “The FBI and the ATF are to blame for killing the Branch Davidians at Waco.” Stromber also recalls a young man named Tim staying on the farm in 1994 (see October 12, 1993 - January 1994), and recalls him always wearing “camouflage clothing” and carrying “a pistol” with him. A second neighbor, Paul Izydorek, recalls the man’s last name as “McVeigh,” and recalls him taking part in the bomb experiments. A confidential source informs the FBI of two men’s attempts to buy liquid nitro model airplane fuel and 200 ziplock bags from a hobby store in Marlette, Michigan, one using the name “Tim Tuttle,” an alias used by McVeigh (see December 1993). And Indiana seed dealer Dan Shafer tells investigators about the 1988 incident where James Nichols drew a picture of a building remarkably similar to the Murrah Federal Building in Oklahoma City and talked about bombing it (see December 22 or 23, 1988).
Searching the Farm - Agents hold Nichols in custody for days, trying to determine what, if any, involvement he had in the bombing. They search his farm, and find large tanks of diesel fuel, 28 50-pound bags of ammonium nitrate fertilizer similar to that used in the Oklahoma City bombing, and, in a field by an outbuilding, find jagged-edged shards of metal that appear to be bomb shrapnel. In the farmhouse they find copies of far-right white supremacist magazines such as The Spotlight, a paper envelope with a document quoting Adolf Hitler, 28 blasting caps, a safety fuse, and a manual telling how to clear fields and ditches with dynamite. Videotapes alleging sinister government conspiracies at Ruby Ridge and Waco lie atop Nichols’s television set; copies of pamphlets written by Davidian leader David Koresh and photographs from the Waco siege lie on the floor. Discarded envelopes addressed to James Nichols from “T. Tuttle” lie nearby. [Serrano, 1998, pp. 232-235]

Entity Tags: Murrah Federal Building, Dan Shafer, Dan Stromber, James Nichols, Timothy James McVeigh, Terry Lynn Nichols, Paul Izydorek, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Oklahoma City bombing conspirator Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995), having turned himself into the local police in Herington, Kansas (see 2:00 p.m. and After, April 21, 1995), is interrogated for nine hours by federal authorities and consents to have his home and truck searched (see Evening, April 21, 1995 and After). [Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Nine-Hour Interrogation, No Recording Made - Starting around 3:15 p.m., FBI agents interrogate Nichols for over nine hours. Nichols agrees to speak without a lawyer present. The agents do not record the interview, instead making handwritten notes on it. Preliminary questions include verification of his Social Security number (which he says he never uses because he does not believe in having a federal government number; he also says he does not pay federal taxes (see March 16, 1994)) and his job (self-employed dealer of military surplus). They then ask him when he heard that he might have been involved in the bombing. Nichols says he only heard of his alleged involvement earlier in the day. He says he knew bombing suspect Timothy McVeigh during their stint in the Army (see March 24, 1988 - Late 1990). He says that he saw the sketches of the two bombing suspects (see April 20, 1995), but does not believe the sketch of “No. 1” looks like McVeigh. He explains that once he heard about his being a suspect, he decided to go directly to the local police instead of federal agents, because “I didn’t want another Waco” (see April 19, 1993 and April 19, 1993 and After). Apparently Nichols means he did not want to become involved in an armed standoff with police and FBI agents. He says he realized he was being followed when he pulled into the Surplus City parking lot, and came directly to the police station. Agents Stephen E. Smith and Scott Crabtree then begin asking him about his brother James, and he gives some information about his earlier life in Decker on his brother’s farm, and notes that McVeigh had lived with them for a time (see Summer 1992 and October 12, 1993 - January 1994). At this point, around 3:30 p.m., the agents inform him that he is not a suspect, but a witness. Nevertheless they ask him to read aloud a form titled “Interrogation; Advice of Rights,” that sets forth his rights to have a lawyer present or to remain silent. He refuses to sign the form. Smith will later testify, “He said the word ‘interrogation’ sounded like the Nazis.” The US Attorney for Kansas, Randall K. Rathbun, tells reporters, “He refused to sign the form, indicating that since it dealt with interrogation, he said that was a word that reminded him of Nazi Germany and he refused to sign the form dealing with his rights.” From Washington, lead FBI counsel Howard Shapiro advises the agents that they need to secure Nichols’s oral acknowledgment that he is waiving his rights to legal representation, and advise him again that he is free to go. Shapiro adds that if Nichols does leave, the agents should follow him and arrest him once a warrant for his detention as a material witness is available. Nichols waives his rights to a lawyer and agrees to continue speaking. Shapiro advises the agents not to tell Nichols about the warrant for his arrest being prepared, as it may discourage him from talking. [New York Times, 5/11/1995; New York Times, 7/2/1996; Denver Post, 12/24/1997; Serrano, 1998, pp. 203-205] He signs a Consent to Search form allowing agents to search his home and pickup truck, though his lawyers will later claim he believes his wife will be allowed to be present during the search. He says repeatedly that he hopes the agents searching his home can tell the difference between cleaning solvents and bomb components: “There is nothing in my house or truck that could be construed as bomb-making materials,” he says. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 205]
Denies Knowledge of Bombing - Nichols denies any foreknowledge of McVeigh’s bombing, saying merely that McVeigh had told him “something big” was in the offing (see April 15, 1995). He tells his questioners that the first he heard of the bombing was while watching a television demonstration at the Home Cable Television sales outlet in Herington. The agents ask him when he last had contact with McVeigh. According to Nichols, he sent McVeigh a letter in February 1995, asking McVeigh if the next time he was in Las Vegas, he could pick up an old television set from his ex-wife Lana Padilla; Nichols says he wanted the television set for when his son Joshua visited.
Tells of Long Easter Trip to Oklahoma City, Junction City for Television - On the afternoon of Easter Sunday, April 16, Nichols says, McVeigh called and asked him to come to Oklahoma City to pick up the television set (see April 16-17, 1995). “I’m pressed for time to get back east” to his family in New York, Nichols says McVeigh told him. “If you want your television, you’ll have to come to Oklahoma City.” Although Oklahoma City is some 250 miles away, Nichols agreed to make the trip. He also agreed to tell his wife that he was going to Omaha, not Oklahoma City, at McVeigh’s request. Nichols explains: “He [McVeigh] has a private nature. He has told me that no one is to know his business. Some of the things he wanted kept private were trivial matters. He just doesn’t want people to know what he is doing. That is just his nature.” Nichols tells the agents that before Easter, he had last heard from McVeigh in November 1994 or perhaps early 1995 (see February 20, 1995 and April 11, 1995). He then says: “In my eyes, I did not do anything wrong but I can see how lawyers can turn stuff around. I did not know anything. Lawyers can turn stuff around.” He denies ever seeing McVeigh at any motel in Junction City, Kansas (see September 22, 1994, January 19 - January 27, 1995, and (February 20, 1995)), says he has no knowledge of McVeigh renting a Ryder truck (see April 15, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995), and was never asked by McVeigh to buy any materials related to making bombs (see September 13, 1994, September 22, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, October 29-30, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, November 9, 1994, January 19 - January 27, 1995, January 31 - February 12, 1995, February 20, 1995, March 1995, March 17, 1995, April 5-10, 1995, April 15-16, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). He says he drove to Oklahoma City and picked up McVeigh near the Murrah Federal Building (see April 16-17, 1995). McVeigh loaded the television into the pickup, Nichols says, along with a green duffel bag. They then headed towards Junction City. Nichols says he met McVeigh in an alleyway and never saw McVeigh’s car, which he says McVeigh claimed was broken down. Asked what they talked about, Nichols responds, “McVeigh talked in code.” He only later understood what his friend meant when he said “something big” was going to happen; he claims that he thought McVeigh was talking about robbing a bank. The conversation then turned to the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After), and McVeigh said he was interested in a protest rally for April 19 in Washington, DC. Nichols says he does not know why McVeigh wanted to go to Junction City. Maybe McVeigh had another car there, Nichols speculates. He let McVeigh off in Junction City, ate by himself at a Denny’s restaurant, and made the short drive home.
Second Trip to Junction City - On Tuesday, April 18, Nichols says, McVeigh called him around 6 a.m. and asked to borrow his pickup. Nichols says he met McVeigh in Junction City, and spent the morning at a military surplus auction while McVeigh used the truck. When they met up again in the early afternoon, all McVeigh had, Nichols says, was his green duffel bag. Explaining why McVeigh had had the truck for hours and brought back no items, Nichols explains, “Tim lives and travels light.” He then tells of picking up items from a storage locker McVeigh has rented (see April 20, 1995), and says that was the last time he saw McVeigh. The agents would find some of McVeigh’s belongings in his garage: a sleeping bag, rucksack, and rifle. [New York Times, 5/11/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 205-208; The Oklahoman, 4/2009]
Morning's Events - Nichols says he spoke to his ex-wife Lana Padilla earlier that day, angering his wife Marife, who announced she wanted to go back to the Philippines. “I’ve got friends there,” he says she told him. “I don’t have friends here. You got friends like Tim.” Marife does not like McVeigh, Nichols says, complaining that he lives his life “on the edge” and drives too fast. As for his conversation with Padilla, Nichols says she asked him about $3,000 he had apparently given her for their son Joshua. Investigators will later speculate that the money came from a robbery Nichols perpetrated in order to fund the bombing (see November 5, 1994). He says he went to a local lumberyard, then came back home.
Turning Up the Heat on Nichols - Nichols and Marife watched a few minutes of television together, and that was when they saw news reports identifying McVeigh as a suspect in the bombing. “I thought and swore that I could not believe it was him because he was heading back to see his family!” he says. “And he was back there in Oklahoma City? When I heard his name on TV, that is when I figured out why my name was on the radio, because I was his friend.… I was feeling shock, because I heard my name. How am I involved? How am I connected to it? I must not have known him that well for him to do that.” Nichols says he and McVeigh had become somewhat estranged, in part because McVeigh did not like Nichols’s penchant for practical jokes. The agents lean in and begin demanding to know if McVeigh executed the bombing, and if Nichols had any role in it. It is apparent they do not believe Nichols’s stories. Nichols, talking fast, says: “I feel upset that I’m involved, in a sense, because of him, and knowing that I am not.… I feel I cannot trust anyone any more than Tim. I would be shocked if he implicated me. Tim takes responsibility for his actions, and he lives up to his arrangements.… I cannot see why he would do it.” The agents ease off for a bit, and ask Nichols about his recent fertilizer purchases. He admits buying two 50-pound bags of ammonium nitrate at a Manhattan, Kansas, elevator, for which he has the receipts. He intends to sell it in one-pound bags at gun shows, to be used as fertilizer. He has already sold a few bags at earlier gun shows, he says: “If I sell any more at these shows, they will question me.” He says he spread some of the leftover fertilizer on his lawn just recently. (Investigators will later determine that the fertilizer was probably left over from the bomb-making process (see 8:15 a.m. and After, April 18, 1995).) He did not mention the fertilizer earlier, he says, because ammonium nitrate can be used to make an explosive compound, and “[i]t would make me look guilty to a jury.” He says he is working to build a new career as a military surplus dealer and create a peaceful life for himself and his family (see April 6, 1995). While he has worked gun shows with McVeigh in the past, he says, he does not know any of the other vendors, and though they never associated with militia members, he did recently sell 30 MREs (military “meals ready to eat”) to members of the Michigan Militia. Sometimes he heard talk about the Davidian tragedy and federal law enforcement officials at the shows, but he rarely took part in the conversations. He admits to having some anti-government feelings, and has read some of the literature, but says others got “hyped” about it and talked about taking action. McVeigh “was much more hyped about Waco,” he says. McVeigh is very knowledgeable about explosives, and is “capable” of building a bomb such as the one detonated in Oklahoma City, he says, but the agents should not assume he actually carried out the bombing. Nichols denies having specific knowledge himself of how to build a fertilizer bomb similar to that used in Oklahoma City, though he says the information is readily available. McVeigh is particularly fascinated with guns, Nichols says, and is extremely knowledgeable about them. He notes some common acquaintances, including Michael Fortier (see December 16, 1994 and After, Mid-March, 1995, April 5, 1995, and April 19, 1995 and After). whom he merely identifies by his last name and does not disclose that the three of them served in the Army together. Nichols admits to having rented a number of storage facilities in Las Vegas (see November 5, 1994 - Early January 1995) and in Kansas, including one in Herington (see September 22, 1994) and another in Council Grove (see October 17, 1994 and November 7, 1994), but he just uses them for storing household items, he says, along with a few guns and ammunition. After more questioning, Nichols admits that he now suspects McVeigh might well be the bomber. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 208-214] One source says that the FBI first learns of Fortier from Nichols’s 12-year-old son Joshua, who phones the bureau from his Las Vegas home and speaks with agent Debbie Calhoun about Fortier. [Stickney, 1996, pp. 183]
Break and Resumption - Everyone, including Nichols, is tired. At 6:10 p.m., they take a break, and give Nichols a glass of water and two slices of pizza. They refuse to let him see his wife. Special Agent John F. Foley sits with Nichols, and they talk casually until about 7:00 p.m. Smith and Crabtree resume the questioning, and ask Nichols to verify that the house or garage is not “booby-trapped.” He says it is not, and gives them a map of his house that indicates where guns and ammunition are stored on his property. Nichols repeats much of what he said earlier, insisting that his story about McVeigh’s borrowing his pickup truck on April 18 is factual and that he fully intends to build a new life for himself with his family. While McVeigh had grown increasingly agitated about the federal government and had become more radicalized, Nichols says, he himself just wanted to settle down. At 11:15 p.m., they play him an audiotape of his ex-wife Lana and his son Joshua urging him to cooperate. The tape upsets Nichols. Just after midnight, they hand him copies of the letters he had left at his ex-wife’s house urging McVeigh to “Go for it!” (see November 5, 1994 - Early January 1995). Nichols says he wrote the letter to take the place of a will, worried that he might not return from the trip he took to the Philippines. During the last two hours of interrogation, a new pair of agents, Foley and Daniel L. Jablonski, begin pressuring Nichols, accusing him of lying. Nichols does not respond to the new tactics. He refuses to take a polygraph exam, and refuses to sign a form certifying that he has been advised of his Miranda rights. He ends by denying any involvement whatsoever in the bombing. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 208-214]
Wife Questioned for Six Hours - Marife Nichols is questioned for six hours (see 3:15 p.m. and After, April 21, 1995).
Warrants Signed - Oklahoma City’s chief federal judge, David L. Russell, is at the FBI’s command center, and after the decision is made in Washington to procure a material witness arrest warrant, Russell signs it. It is faxed to the police station in Herington at 4:46 p.m. FBI agents interrogating Nichols do not tell him that the material witness warrant is now available; lead agent Thomas A. Price will later say he did not want to interrupt the interrogation. Russell will say he is not aware that Nichols is being interviewed by the FBI, and, noting language on the warrant that says Nichols “has attempted to leave the jurisdiction of the United States,” will say that the language is “inconsistent” with Nichols’s voluntary presentation at the police station.
Public Defender Denied Access - Public defender David J. Phillips, the federal defender for Kansas, learns from television reports that Nichols is in custody and has asked for legal representation. Phillips repeatedly calls the Herington police station, but is told that no one is available to speak with him. At 9:10 p.m., he calls a federal prosecutor in Topeka and is told that Nichols is not being arrested, and that Nichols is not the “John Doe” the FBI is looking for. Price will testify that he is aware of Phillips’s attempts to contact the police, and has told Police Chief Dale Kuhn to write down Phillips’s number. “[I]f Nichols asked for counsel, we’d provide the number,” Price will testify. Phillips will represent Nichols beginning April 22. [New York Times, 7/2/1996]
Possible Militia Affiliation - The FBI says it has reason to believe Nichols is a member of the Michigan Militia (see October 12, 1993 - January 1994); spokesmen for the Michigan Militia say Nichols is not a member and their group has no connection to the bombing [New York Times, 4/22/1995] , though a relative says that both brothers are indeed members of the group. A neighbor of Nichols, Randy Izydorek, tells a reporter that Nichols is proud of his affiliation with groups such as the Michigan Militia. “He told me it’s nationwide and it’s growing,” Izydorek says. [New York Times, 4/23/1995] (Militia spokesmen have said the group ejected Nichols and his brother James for “hyperbolic language,” apparently referring to calls for violence.) [New York Times, 4/24/1995]
Nichols Arrested and Jailed, Admits to Using Aliases - Shortly after midnight, the agents formally serve the warrant on Nichols and arrest him. At 12:24 a.m., Nichols is incarcerated in Abilene, Kansas. The afternoon of April 22, he is transferred to a jail in Wichita, Kansas, in the custody of Smith and Crabtree, where he will make his initial court appearance. Nichols continues to talk; during the drive, he admits to using a number of aliases, including Ken Parker (see October 17, 1994, November 5, 1994 - Early January 1995, and November 7, 1994) and Jim Kyle (see October 17, 1994, October 21 or 22, 1994, November 5, 1994, January 19 - January 27, 1995, and January 31 - February 12, 1995). McVeigh, he says, often used aliases such as Shawn Rivers (see September 22, 1994 and October 1994) and Tim Tuttle (see October 12, 1993 - January 1994, November 22, 1993, December 1993, February - July 1994, and November 30, 1994). McVeigh liked to use aliases, he says, and Nichols went along with the practice. “But we parted ways last fall,” he says. “The way we both live did not jive.” His brother James always “got along well” with McVeigh, he says. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Denver Post, 12/24/1997; Serrano, 1998, pp. 215]

Entity Tags: Terry Lynn Nichols, Debbie Calhoun, David L. Russell, Scott Crabtree, Thomas A. Price, Timothy James McVeigh, Dale Kuhn, Ronald G. Woods, David J. Phillips, Daniel L. Jablonski, Randy Izydorek, Stephen E. Smith, Nicole Nichols, Howard Shapiro, Randall K. Rathbun, Federal Bureau of Investigation, James Nichols, Joshua Nichols, John F. Foley, Michigan Militia, Lana Padilla, Michael Joseph Fortier, Marife Torres Nichols, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

The FBI says that evidence compiled on the Oklahoma City bombing shows that it was planned for months by accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995) and a small number of co-conspirators. The statement by the FBI echoes statements made earlier by Attorney General Janet Reno (see April 22, 1995). Evidence shows that McVeigh was driven in part by his rage at the government’s handling of the Branch Davidian standoff two years earlier (see April 19, 1993). McVeigh has refused to cooperate with investigators, and reportedly has shown no remorse or emotion of any kind, even when confronted with photographs of dead and maimed children being taken from the devasted Murrah Federal Building. The attack was timed to coincide with the Branch Davidian conflagration of April 19, 1993, investigators say, and was executed after months of planning, preparation, and testing. Some investigators believe that McVeigh may lack the leadership skills to plan and execute such a plot, and theorize that the ringleader of the conspiracy may turn out to be someone else (see April 21, 1995 and After). Evidence collected from the Ryder truck, particularly shards of blue plastic from barrels containing the fertilizer and fuel oil that comprised most of the bomb’s elements, point to the involvement of Terry Nichols, a friend of McVeigh’s who is coming under increasing scrutiny as a possible co-conspirator (see 3:15 p.m. and After, April 21-22, 1995). Similar barrels were found in Nichols’s garage in his Herington, Kansas, home (see (February 20, 1995)), along with other evidence tying him to the bomb’s construction.
Investigating Possible Involvement of Sister - Investigators are in the process of searching the home of McVeigh’s younger sister Jennifer, who has returned from a vacation in Pensacola, Florida (see April 7, 1995 and April 21-23, 1995). They are also poring over Jennifer McVeigh’s 1995 Chevrolet pickup truck, registered in New York. Investigators say the two siblings are very close, share similar anti-government views (see March 9, 1995), and have had numerous conversations in recent months (see Mid-December 1994). Jennifer McVeigh is taken into federal custody as well, as a witness, not as a suspect, and is released on April 25, after an intensive interrogation session that leaves her frightened and angry. “They told me Tim was guilty,” she will later recall, “and that he was going to fry.” According to her recollections, the agents threaten to charge her as a co-conspirator unless she gives them evidence against her brother, but she refuses to cooperate. She does reveal some information about her brother’s involvement in gun dealing, his strong belief in the US Constitution as he and right-wing white separatist groups interpret it, and his obsession with the violently racist novel The Turner Diaries (see 1978). “He had people he knew around the country,” she tells agents, mentioning three: “Mike and Lori and Terry.” Terry is Terry Nichols. “Mike and Lori” are McVeigh’s close friends Michael and Lori Fortier (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, April 19, 1995 and After, and December 16, 1994 and After). She tells them about watching anti-government videotapes with her brother, in particular one called “Day 51” about the Waco siege. “It depicted the government raiding the compound, and it implied that the government gassed and burned the people inside intentionally and attacked the people,” she tells the agents. “He was very angry. I think he thought the government murdered the people there, basically gassed and burned them down.” The agents ask if by the government, he meant the FBI and the ATF (Bureau of Alcohol, Tobacco and Firearms, also abbreviated BATF). “He felt that someone should be held accountable,” she answers, and says her brother believed no one ever had been held responsible. She shows them the “ATF Read” letter he had written on her word processor (see November 1994) that concludes with the exhortation, “Die, you spineless cowardice [sic] b_stards!” She says that McVeigh had told her he had moved out of a “planning” stage into an “action” stage, though he never explained to her exactly what “action” he intended to take. Later, she will sign a statement detailing what her brother had told her. She will always insist that he never spoke to her about ammonium nitrate, anhydrous hydrazine, or any of the chemical components of the bomb, and had never spoken to her about the scene in The Turner Diaries that depicts the FBI building in Washington being obliterated by a truck bomb similar to the one used in Oklahoma City. The FBI seizes a number of her belongings, including samples of her antigovernment “patriot” literature. But, they determine, Jennifer McVeigh was never a part of her brother’s conspiracy.
Interviewing Alleged Co-Conspirator's Ex-Wife - Investigators are also interviewing Nichols’s ex-wife, Lana Padilla, who currently lives in Las Vegas. The press speculates that she is cooperating with the investigation and may have been taken to a undisclosed location for security reasons. Investigators are combing through a large body of writings McVeigh left behind, many of which detail his far-right, anti-government ideological beliefs. From what they have read so far, McVeigh believes that his Second Amendment rights are absolute, and he has the right to live without any restraints from the government. They have not found any documents detailing any operational plan for the bombing, nor have they found evidence that McVeigh directly threatened any government buildings or personnel. The FBI is offering a $2 million reward for information about McVeigh and the bombing. [New York Times, 4/24/1995; New York Times, 4/24/1995; Serrano, 1998, pp. 237-238]

Entity Tags: Michael Joseph Fortier, Janet Reno, Federal Bureau of Investigation, Branch Davidians, Jennifer McVeigh, Lori Fortier, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Terry Lynn Nichols, Lana Padilla

Timeline Tags: US Domestic Terrorism

Terry Nichols and his brother James Nichols are charged by a Michigan federal court with conspiring to help suspected Oklahoma City bomber Timothy McVeigh build explosives at Terry Nichols’s farm in Michigan (see December 22 or 23, 1988). Judge Monti Belot rules that Terry Nichols will be held without bail, and will be transferred to Oklahoma City sometime after noon on May 5; the delay in the transfer gives Nichols’s public defender, Steven Gradert, time to file a possible appeal. (Gradert also alleges that when the FBI first interviewed Nichols—see 3:15 p.m. and After, April 21-22, 1995—he may not have understood his rights under the law.) The complaint, filed in a federal court in Michigan, does not directly link either of the brothers to the Oklahoma bombing. It does accuse both brothers of building what the complaint calls “bottle bombs” and of experimenting with other explosives with McVeigh in 1992 and 1994 (see April 2, 1992 and After, November 1991 - Summer 1992, October 12, 1993 - January 1994, October 12, 1993 - January 1994, and February - July 1994). Until today, both the brothers were held, not as suspects, but as material witnesses (see 3:15 p.m. and After, April 21-22, 1995); the conspiracy charges are designed to keep them behind bars until investigators can find more solid links between them and the bombing plot. An affidavit accompanying the complaint says that, like McVeigh, both Nichols brothers blamed the government for the 1993 Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After); authorities have alleged that part of McVeigh’s motivation for the bombing was revenge for the 1993 debacle (see April 24, 1995). An initial version of the affidavit says a witness, Daniel Stomber of Evergreen Township, Michigan, had heard James Nichols “stating that judges and President Clinton should be killed, and that he blamed the FBI and the ATF [Bureau of Alcohol, Tobacco and Firearms] for killing the Branch Davidians in Waco.” A revised affidavit made public later deletes that information. James Nichols’s lawyer, Miriam Siefer, calls the information in the affidavit “quite stale.” The complaint itself says that James Nichols informed federal agents that his brother and McVeigh had been at his Michigan farm off and on since December 1991. James also told agents that his brother had obtained survival books that had information about bombs, and said he believed McVeigh knew how to build a bomb. The affidavit says James has admitted to building small bombs with McVeigh and his brother, but denied ever buying ammonium nitrate, one of the key ingredients in the Oklahoma City bomb. However, the affidavit says all three men were known to possess quantities of fertilizer and fuel oil, the same materials used in the Oklahoma City bomb, and says that Terry Nichols admitted to FBI investigators that he had bought at least 100 pounds of ammonium nitrate in the recent past. The affidavit says a witness told agents that all three men built other devices made of prescription vials, black powder, blasting caps, and safety fuses, which they detonated in empty fields of James Nichols’s 500 acres. Shrapnel was found in the fields, the affidavit says. Investigators found 28 50-pound bags of ammonium nitrate fertilizer and a 55-gallon drum of fuel oil on James Nichols’s farm; both ingredients are common on many farms, but James Nichols has claimed to be an organic farmer and thusly would not ordinarily use such materials. The affidavit says that in December 1993, McVeigh used an alias to buy liquid nitro airplane fuel, which could be used with other chemicals to improvise explosives (see December 1993). The complaint and affidavit will be presented to a federal court in Wichita, Kansas, on April 26. James Nichols will be released a month later without bond; US District Judge Paul Borman will rule that the government failed to link him to the bombing (see May 22, 1995). [New York Times, 4/26/1995; Boston Globe, 4/26/1995; New York Times, 4/25/1996; Mickolus and Simmons, 6/1997, pp. 810-811]

Entity Tags: Monti Belot, Federal Bureau of Investigation, Dan Stomber, Miriam Siefer, William Jefferson (“Bill”) Clinton, Terry Lynn Nichols, Paul Borman, Steven Gradert, James Nichols, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives

Timeline Tags: US Domestic Terrorism

The press reports that since the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the arrest of former Army sergeant Timothy McVeigh (see April 21, 1995), soldiers and citizens of Fort Riley, Kansas, have suffered anger and vitriol from other people outraged by the attack. Since McVeigh and suspected co-conspirator Terry Nichols (see April 25, 1995) were both soldiers, and McVeigh was once stationed at Fort Riley, “a lot of people seem to be blaming all of us because of a couple of fools,” says Fort Riley’s Sergeant Chris Killerbrew. “That’s not right.” Killerbrew recalls being in Oklahoma City three days after the bombing, and, with his family, going into a store to cash an out-of-town check. When he told the clerk his family was from Junction City, Kansas, a town near Fort Riley populated largely by current and former soldiers and their families, and used by McVeigh to stage the bombing (see April 13, 1995, April 15, 1995, April 15, 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and April 18, 1995), a man in the store said: “Junction City, that’s where those bombers, those baby killers are from. Why don’t you go back to where you belong?” An angry Killerbrew informed the man that he and his family were in Oklahoma because his three-year-old niece had been killed in the bombing. Many other soldiers say that the charges against McVeigh, a decorated veteran of the Gulf War (see January - March 1991 and After), have wounded their pride and shaken their morale. Fort Riley spokesman Major Ben Santos says, “What we want to tell folks around the country is that there is more to us than the current situation.” Corporal Perez Blackmon says that he and many of his fellow soldiers feel betrayed and angry that “one of our own could have done something like this.… This uniform means pride, the highest state of honor. It gets no better than this, and he disgraced it.” Nearby resident Scott Sanders says the accusations against McVeigh make “us all look bad, like this is some center to train terrorists.” Clarence Thomas of Junction City says: “I wouldn’t move anywhere else. This McVeigh guy didn’t stay and live here. He wasn’t one of us.” [New York Times, 4/27/1995]

Entity Tags: Timothy James McVeigh, Ben Santos, Chris Killerbrew, Clarence Thomas (Kansas), Perez Blackmon, Scott Sanders, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Marife Nichols, the wife of suspected Oklahoma City bombing conspirator Terry Nichols (see April 30, 1995), is being held in FBI custody, ostensibly on a voluntary basis, though she will later contend she is being held against her will (see 3:15 p.m. and After, April 21-22, 1995). She is allowed to make phone calls. She calls Terry’s father Robert Nichols in Michigan, and has a conversation which is recorded by the FBI, apparently with her knowledge. Robert Nichols asks about his son James, currently in FBI custody as a third suspected conspirator (see April 25, 1995), along with his brother Terry and Timothy McVeigh (see April 21, 1995). Robert then asks Marife how she is doing, and how Nicole, the young daughter of Terry and Marife, is doing. She answers: “Oh, we’re doing fine. Everything is okay. I mean, they give us anything that we need here, and we’re fine.” She says she wants to return to her home country of the Philippines (see July - December 1990). “It would be a lot better for me to, uh, since you know I, I need to talk to my parents,” she says. “I wanted to go home, too. Uh, but I think they need to ask me a lot of, uh, questions about activities that we did ever since I got back here from Philippines.” Of her husband, she says: “I, I only talked to him once, on the telephone, and uh, he mainly just want me to go home. He, um, same as, as, you been watching the news?” Robert Nichols says he has, and she continues, “Yeah it’s, it’s all the same as, uh, James is, has, you know he’s just a material witness.” She asks if James has ever spoken to his father about any bombing plots, but Robert Nichols has no intention of passing along any potentially incriminating evidence against either of his sons. “No, it’s all news to me,” he says. Author Richard A. Serrano will later theorize that Marife is trying to flatter the FBI into letting her go with her repeated assurances that she and her daughter are being treated well. [Serrano, 1998, pp. 230-231]

Entity Tags: Nicole Nichols, Federal Bureau of Investigation, James Nichols, Richard A. Serrano, Marife Torres Nichols, Terry Lynn Nichols, Robert Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Federal officials confirm a news report that investigators have found a September 1994 receipt for the purchase of 2,000 pounds of ammonium nitrate by Terry Nichols (see September 30, 1994 and April 25, 1995), who has been charged in an unrelated bomb-building conspiracy with accused Oklahoma City bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995). According to a report by the Dallas Morning News, McVeigh’s fingerprints were found on the receipt. Ammonium nitrate was one of the key ingredients in McVeigh’s bomb. FBI investigators found the receipt wrapped around gold collector coins in a drawer in Nichols’s Herington, Kansas, home. [New York Times, 5/1/1995; Washington Post, 11/7/1997]

Entity Tags: Federal Bureau of Investigation, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

A federal grand jury in Detroit charges James Nichols (see December 22 or 23, 1988, April 21, 1995 and After, and April 25, 1995) with conspiracy to build explosives. James is the brother of Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995), accused of conspiring with Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). The charges against James Nichols do not directly accuse him of conspiring with his brother and McVeigh to build the Oklahoma City bomb; the three-count indictment, brought by Assistant US Attorney Robert Cares, applies only to crimes Nichols is alleged to have committed in Michigan. It also refers to “other persons, whose names are known and unknown to jury” who joined in the conspiracy. The indictment says the conspiracy stretched from 1988 until federal agents raided Nichols’s farm on April 21, two days after the Oklahoma City bombing, and says the government has reason to believe Nichols had “prior knowledge” of the bombing. The indictment allows law enforcement authorities to keep Nichols in custody and to cancel an upcoming hearing for Nichols’s possible release. Nichols is being held pending arraignment before a federal magistrate. The indictment is based largely on testimony from Nichols’s neighbors (see April 21, 1995 and After), and is apparently similar to evidence provided in a criminal complaint filed in late April (see April 25, 1995). The indictment adds new details, such as the allegation that in 1994 he and his brother made and stored grenades at the Nichols farm, and in 1992 the brothers and McVeigh experimented with making and detonating bombs made of “readily available materials” like brake fluid. It also cites a letter McVeigh wrote James Nichols that said in part, “Keep me posted on any ‘trouble,’” a statement Cares interprets as pertaining to the bombing. [New York Times, 5/12/1995; Serrano, 1998, pp. 235]

Entity Tags: Robert Cares, James Nichols, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

James Nichols (see April 21, 1995 and After and April 25, 1995), the brother of accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is released on his own recognizance from a Michigan federal prison. Nichols has been held on charges of conspiring with his brother and accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995) to make bombs in Michigan, where he owns a farm in Decker. “If released, this defendant poses a risk of flight and a danger to the community,” Assistant United States Attorney Robert Cares tells Judge Paul Borman, citing his belief that Nichols had “prior knowledge” of the bombing. Defense lawyer Robert R. Elsey says Nichols is nothing more than an ordinary farmer, and brings a number of neighbors to the proceeding to vouch for Nichols’s character. Borman rules that there is not enough evidence to hold Nichols on the charges; says that he is not a threat to the public nor a flight risk, ruling, “There is not an iota of evidence of dangerous acts towards others”; and orders Nichols released into the custody of neighbors. Nichols will wear an electronic device to monitor his movements—he is under a curfew and restricted to moving in a small group of Michigan counties—and is ordered to stay away from explosives and firearms. Nichols has been held without bail since his Decker farmhouse was raided on April 21 (see April 21, 1995 and After). He was indicted in early May (see May 9, 1995) by a grand jury on charges of conspiring with McVeigh and his brother to make, store, and detonate bombs on his farm. Nichols was never charged in direct connection with the Oklahoma City bombing; in today’s hearing, Borman focused on the Michigan charges, and refused to allow the prosecution to tie Nichols to the Oklahoma City bombing without more evidence. Government prosecutors argued that Nichols should remain in jail because of his ties to the two subjects. Cares suggested that the “bottle bombs” that Nichols has admitted setting off with his brother and McVeigh were an “experiment” that served as a prelude to the 5,000-pound truck bomb in Oklahoma. Cares told the court: “James Nichols himself engaged in rhetoric of violence. If it was just rhetoric, we wouldn’t be here today. But he and Terry Nichols and Timothy McVeigh turned those words into action.” FBI agent Patrick Wease testified that a confidential source told him that Nichols said a group called the Patriots would take over the government by force. Wease testified that Nichols told the witness the Patriots “would be involved in the killing of cops, judges, and lawyers.” Elsey will argue at an upcoming hearing that all charges against Nichols be dropped. For his part, Nichols says he harbors no resentment towards the government, and says he wants to go home and plant his soybeans. He declines reporters’ requests to discuss his brother. Of the bombing itself, Nichols says: “It’s a bad tragedy, and everyone should cooperate—and I’m cooperating fully—to get to the bottom of it.” Elsey says Nichols’s anti-government views have been exaggerated. “He just believes the government in many instances is behaving beyond the norms of the constitution, and the limitations of the constitution,” Elsey says. “His alleged animosity to the government was ill-stated by himself.” Elsey adds that Nichols made some anti-government comments during a contentious divorce. [New York Times, 5/22/1995; New York Times, 5/23/1995; Serrano, 1998, pp. 235-236] In August, federal prosecutors will drop charges against Nichols concerning his manufacture of explosives on his farm. [New York Times, 8/11/1995] Nichols will be given a hero’s welcome when he returns to Decker, where many consider him an unwarranted victim of government persecution and a scapegoat for a bombing conspiracy that they believe was carried out by the government itself. [Stickney, 1996, pp. 193-194]

Entity Tags: Robert R. Elsey, James Nichols, Federal Bureau of Investigation, Patrick Wease, Robert Cares, Timothy James McVeigh, Paul Borman, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

A federal grand jury indicts Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995) on 11 counts of murder and conspiracy. Neither McVeigh nor Nichols are present during the hearing. The grand jury is only empowered to bring federal charges; the eight murder charges are in regards to the eight federal agents slain in the bombing: Secret Service agents Mickey Maroney, Donald Leonard, Alan Whicher, and Cynthia Campbell-Brown; DEA agent Kenneth McCullough; Customs Service agents Paul Ice and Claude Madearis; and Paul Broxterman, an agent in the Office of the Inspector General at the Department of Housing and Urban Development. Both Nichols and McVeigh are expected to face 160 counts of murder brought by the state of Oklahoma; both will plead not guilty to all counts of the indictment (see August 15, 1995). The indictment levels the following charges:
bullet on September 30, 1994, McVeigh and Nichols purchased 40 50-pound bags of ammonium nitrate (2,000 pounds in total, or one ton) in McPherson, Kansas, under the alias “Mike Havens” (see September 30, 1994);
bullet on October 1, 1994, McVeigh and Nichols stole explosives from a storage locker in Marion, Kansas (the actual date of the theft is October 3—see October 3, 1994);
bullet on October 3-4, 1994, McVeigh and Nichols transported the stolen explosives to Kingman, Arizona, and stored them in a rented storage unit (see October 4 - Late October, 1994);
bullet on October 18, 1994, McVeigh and Nichols bought another ton of ammonium nitrate in McPherson, Kansas, again using the “Mike Havens” alias (see October 18, 1994);
bullet in October 1994, McVeigh and Nichols planned the robbery of a firearms dealer in Arkansas as a means to finance the bombing, and on November 5 they “caused” firearms, ammunition, coins, cash, precious metals, and other items to be stolen from gun dealer Roger Moore (see November 5, 1994);
bullet on December 16, 1994, McVeigh drove with Michael Fortier to Oklahoma City and identified the Murrah Federal Building as the target of the upcoming bombing (see December 16, 1994 and After);
bullet in March 1995 McVeigh obtained a driver’s license in the name of “Robert Kling,” bearing a date of birth of April 19, 1972 (see Mid-March, 1995);
bullet on April 14, 1995, McVeigh bought a 1977 Mercury Marquis in Junction City, Kansas, called Nichols in Herington, Kansas, used the “Kling” alias to set up the rental of a Ryder truck capable of transporting 5,000 pounds of cargo, and rented a room in Junction City (see April 13, 1995);
bullet on April 15, 1995, McVeigh put down a deposit on a rental truck under the name of “Robert Kling” (see April 15, 1995);
bullet on April 17, 1995, McVeigh took possession of the rental truck in Junction City (see 3:00 - 5:00 p.m. April 17, 1995);
bullet on April 18, 1995, at Geary Lake State Park in Kansas, McVeigh and Nichols constructed the truck bomb using barrels filled with ammonium nitrate, fuel, and other explosives, and placed the cargo in the compartment of the Ryder truck (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995);
bullet on April 19, 1995, McVeigh parked the truck bomb directly outside the Murrah Building during regular business hours; and
bullet on April 19, 1995, McVeigh “caused the truck bomb to explode” (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
The indictment accuses McVeigh and Nichols of plotting the bombing “with others unknown to the Grand Jury.” It does not mention the person identified earlier as “John Doe No. 2” (see June 14, 1995). The grand jury says it is confident others, as yet unidentified, also participated in the plot. Lead prosecutor Joseph Hartzler says: “The indictment mentions unknown co-conspirators. We will try to determine if there are others who aided and abetted this crime.” After the indictments are handed down, Attorney General Janet Reno says: “We will pursue every lead based on the evidence.… [M]ost of these leads have been pursued and exhausted.… [W]e have charged everyone involved that we have evidence of at this point.” Prosecutors say that while others may well have been involved, the plot was closely held between McVeigh and Nichols. US Attorney Patrick Ryan has already announced he will seek the death penalty against both McVeigh and Nichols (see July 11-13, 1995), a decision supported by Reno (see 4:00 p.m., April 19, 1995). A third conspirator, Michael Fortier, has pled guilty to lesser crimes regarding his involvement; Fortier has testified against McVeigh and Nichols in return for the lesser charges (see May 19, 1995 and August 8, 1995), and defense lawyers are expected to assail Fortier’s credibility during the trials (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995). Nichols’s lawyer Michael Tigar says, “Terry Nichols is not guilty of the allegations of which he is charged,” calls the case against his client “flimsy” and “irresponsible,” and accuses prosecutors of attempting to try his client “in the national media.” Periodically, Tigar holds up hand-lettered signs reading, among other messages, “Terry Nichols Wasn’t There” and “A Fair Trial in a Fair Forum.” Prosecutors have dropped all charges against Nichols’s brother James Nichols, who was indicted on three related explosive charges (see December 22 or 23, 1988, April 25, 1995, and May 11, 1995). US Attorney Saul A. Green says that “additional investigation failed to corroborate some of the important evidence on which the government initially relied.” [Washington Post, 8/11/1995; New York Times, 8/11/1995; Stickney, 1996, pp. 189-191; Mickolus and Simmons, 6/1997, pp. 811; Washington Post, 12/24/1997; Serrano, 1998, pp. 245; Douglas O. Linder, 2001] McVeigh’s lawyer, Stephen Jones, tells reporters after the hearing that he has been in contact with a man who, he says, told the government early in the fall of 1994 of plans to blow up federal buildings. This man, Jones says, was given a “letter of immunity” by the authorities in exchange for information involving a trip he had taken to Kingman, Arizona, Fortier’s hometown, and for information about his discussions with potential bombers whom, Jones says, the man had described as either “Latin American or Arab.” Jones refuses to identify the person to whom he is referring. [New York Times, 8/11/1995]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Geary State Fishing Lake And Wildlife Area, Cynthia Campbell-Brown, Alan Whicher, Stephen Jones, Donald Leonard, Claude Madearis, Roger E. (“Bob”) Moore, Saul A. Green, Paul Broxterman, Paul Douglas Ice, Janet Reno, James Nichols, Kenneth McCullough, Joseph H. Hartzler, Michael Joseph Fortier, Patrick M. Ryan, Mickey Maroney, Michael E. Tigar

Timeline Tags: US Domestic Terrorism

According to reports by the Dallas Morning News, indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) has confessed to planning the bombing and detonating a bomb in front of the Murrah Federal Building. [Douglas O. Linder, 2001; Indianapolis Star, 2003] Reporter Pete Slover cites as his source “summaries of several 1995 interviews with a defense team member” [New York Times, 3/1/1997] , though he later admits in a court filing that he could not be sure the story was true before filing it. [Serrano, 1998, pp. 271] Researchers will later learn that McVeigh suspects his lead attorney Stephen Jones of leaking his purported confession to the press. The leak is later shown to be from a member of Jones’s staff, who gave a computer disk containing FBI reports to Slover, apparently unaware that the McVeigh “confession” was also on the disk. [Douglas O. Linder, 2006] However, this reported speculation is countered by an opinion advanced in 1998 by author Richard A. Serrano, who will write that the defense’s work to humanize McVeigh and “soften” his image (see June 26, 1995) “was blown apart” by the leaked information. [Serrano, 1998, pp. 271] The Morning News prints the article on its Web site seven hours before its next print edition can be published, and later cites a desire to match the immediacy of television and to ensure its exclusive isn’t “scooped” by a competitor. Editors worried before publication that McVeigh’s lawyers might leak the story in one fashion or another to another media outlet. [New York Times, 3/3/1997]
Details of Bombing Plot, Involvement by Co-Conspirator Nichols, Denials of Wider Conspiracy - According to documents obtained by the Morning News, McVeigh’s defense lawyers wrote that McVeigh told one of them that his bombing of the Murrah Federal Building during working hours would leave a “body count” that would make a statement to the federal government. McVeigh also named his friend, alleged co-conspirator Terry Nichols, as being intimately involved with the bomb plot (see August 10, 1995), but insisted he alone drove the Ryder truck containing the bomb that destroyed the Murrah Building. McVeigh also denied any involvement by Terry Nichols’s brother James Nichols (see December 22 or 23, 1988, May 11, 1995, and April 25, 1995). The Morning News describes the source of its reporting as summaries of several 1995 interviews with a member of the defense team’s staff, conducted between July and December 1995 at the El Reno Federal Corrections Center in Oklahoma, where McVeigh was held before his transfer to the Denver area in March 1996. The summaries, the Morning News says, validate much of the prosecution’s contention that McVeigh and Nichols committed robberies and burglary in the course of assembling money and materials for the bombing, even as it acknowledges that they could not be used by prosecutors in either man’s trial. One summary of a July 1995 interview has a staffer asking McVeigh if it would have been better to bomb the building at night when relatively few people would have been present. According to the staffer: “Mr. McVeigh looked directly into my eyes and told me: ‘That would not have gotten the point across to the government. We needed a body count to make our point.’” According to the documents, McVeigh and Nichols used significantly more ammonium nitrate than federal investigators have estimated—some 5,400 pounds as compared to federal estimates of 4,800 pounds—and about $3,000 worth of high-powered racing fuel to make a lethal explosive combination. “Mr. McVeigh states that 108 50-pound bags of ammonium nitrate fertilizer were mixed with the nitro fuel purchased by Terry Nichols,” one summary reads. The summaries also have McVeigh admitting to his involvement in a 1994 robbery carried out by Nichols and himself to fund the bombing plot (see November 5, 1994 and Before July 3, 1995). “Mr. McVeigh stated that he laid out the plan and that Terry Nichols alone broke into [gun dealer Roger] Moore’s house and stole the weapons,” one summary reads. The summary tallies closely with recent statements by McVeigh’s friend Michael Fortier, who pled guilty to helping transport the stolen weapons and is now helping the prosecution (see May 19, 1995 and August 8, 1995). Fortier has testified that he and McVeigh sold the weapons stolen from Moore in Arizona. McVeigh also detailed a burglary committed by himself and Nichols at a Kansas rock quarry (see October 3, 1994). He also gave information about a third burglary carried out by himself and Fortier of a National Guard armory (see February - July 1994), where they attempted to steal welding tools but only made off with hand tools. According to the summaries, McVeigh denied being part of a larger conspiracy, and said the bomb plot was conceived and executed by himself and Nichols. He called a witness who claimed knowledge of a Middle Eastern or Islamist connection (see February - July 1994) a “bullsh_t artist.” He also said that another conspiracy theory centered around right-wing activist Andreas Strassmeir is groundless (see January 23, 1993 - Early 1994 and April 20, 1995). [Dallas Morning News, 3/1/1997; Washington Post, 3/1/1997] Initially, McVeigh’s lead defense attorney Stephen Jones calls the documents “a hoax” and denies that McVeigh made any of those statements. The Dallas Morning News is trying to garner attention and subscriptions, Jones says, and implies that the Morning News’s source is “setting up” the paper: “They just bought the Brooklyn Bridge,” he says. The Morning News has informed Jones of the identity of the source that provided it with the documents. [Washington Post, 3/1/1997] “This is about the most irresponsible form of journalism,” Jones says. He says that after McVeigh learned of the story, his client said, “There’s a practical joker every week.” [New York Times, 3/1/1997]
Defense Alleges Press Stole Documents - The Morning News denies a subsequent defense allegation that Slover stole thousands of computerized documents belonging to McVeigh’s defense lawyers, documents Jones says were used in the Morning News’s reporting. Jones says the documents acknowledge McVeigh’s responsibility for the bombing, but do not constitute a confession. The Morning News, Jones says, got the documents “by fraud, deception, misrepresentation, and theft” involving the defense’s computer files. Attorney Paul Watler, speaking for the Morning News, “categorically denies it committed any crime,” and says the documents were obtained through “routine news-gathering techniques.” The Morning News “did not hack into Mr. Jones’ computer system, and it did not assist anyone else in doing so,” Watler says. Jones says the documents are not, as some reports say, notes of a defense staffer’s conversations with McVeigh; defense lawyers have previously alleged that they produced a “fake confession” designed to persuade a witness to talk to defense investigators. Jones says any such false confessions, if they exist, would not be used during McVeigh’s trial. Jones says he may ask Judge Richard Matsch to delay the trial for 90 days to allow for a “cooling-off period” and allow “people to move on.” Watler says Jones is using the allegations to cloud the trial proceedings. [Dallas Morning News, 3/4/1997; New York Times, 3/4/1997] Freelance journalist J.D. Cash, who writes for a far-right publication called The Jubilee and a small Oklahoma newspaper, the McCurtain Daily Gazette, denies reports that he is the source of the article. Cash says he is not “the intermediary who set up The Dallas Morning News,” but says he is familiar with the documents described in the newspaper’s accounts. The confession, Cash says, is “a mixture of fact and fantasy.”
Possible Negative Impact on Jury - Observers worry that the story may prejudice a potential jury. “It’s a worst-case scenario,” says legal studies professor Jeffrey Abramson. “At the witching hour, but before people have been isolated from pretrial publicity, you get explosive evidence, exactly the kind of thing that makes it very difficult for a defendant to think he hasn’t already been tried in the press.” Law professor Rita J. Simon says the article could make a fair trial very difficult. “The jurors will know there was some report about a confession,” she says. “I can’t imagine, no matter where you hold the trial, that the jurors will not hear about it. As soon as the trial gets under way, the story will come out afresh.” [New York Times, 3/2/1997]
Second Purported Confession - Days later, a second confession from McVeigh is reported, this time published by Playboy magazine. The article containing the purported confession is written by freelance reporter Ben Fenwick, and is apparently based on an internal summary of the case compiled by the McVeigh defense team (see Early 2005). Fenwick had obtained the document in 1996, he later says, and had kept it under wraps in the hopes of eventually writing a book about the case. He quickly wrote an article based on the document and sold it to Playboy after Slover’s article hit the press. According to Fenwick’s article, McVeigh says he detonated the bomb when he was a block away from the Murrah Building, and admitted to the bombing during a lie detector test administered by his lawyers. Other details in the article contradict physical evidence already presented in open court. Jones says: “These escalating reports of alleged statements by Mr. McVeigh are corrupting the heart of the jury system. The American ideals of justice are being held hostage to sensationalism.” Fenwick is soon hired by ABC News as a legal consultant, an arrangement that allows ABC to quote extensively from the article in a special broadcast aired shortly before the trial begins. Fenwick will later admit that he did not authenticate the document before using it. The document and the article will lead the FBI to discover McVeigh’s purchase of racing fuel from an Ennis, Texas, dealer (see October 21 or 22, 1994). [New York Times, 3/14/1997; New York Times, 3/18/1997; Serrano, 1998, pp. 271]

Entity Tags: Jeffrey Abramson, James Nichols, Terry Lynn Nichols, Andreas Strassmeir, Dallas Morning News, J.D. Cash, Ben Fenwick, Stephen Jones, Timothy James McVeigh, Rita J. Simon, Roger E. (“Bob”) Moore, Murrah Federal Building, Michael Joseph Fortier, Paul Watler, Playboy, Pete Slover, Richard P. Matsch, Richard A. Serrano

Timeline Tags: US Domestic Terrorism

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