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Profile: Davy Aguilera
Davy Aguilera was a participant or observer in the following events:
BATF logo. [Source: Wikimedia]The Bureau of Alcohol, Tobacco, and Firearms (BATF, sometimes known as the ATF) opens an investigation of the Branch Davidian sect near Waco, Texas, after learning that a resident had mail-ordered a box of dummy grenades. Lieutenant Gene Barber of the McLennan County Sheriff’s Department meets with BATF agent Davy Aguilera; Barber, a recognized explosives expert, tells Aguilera that the United Parcel Service (UPS) package delivery service has delivered a number of packages containing firearms components and explosives (see May 1992) to the “Mag-Bag,” the UPS nickname for the Davidian tract, in the names of David Koresh and Mike Schroeder. Koresh is the leader of the religious community that lives on the tract (see November 3, 1987 and After), which is also known to area residents as Mt. Carmel. UPS employee Larry Gilbreath reported the suspicious deliveries to the local sheriff’s department. Gilbreath also informed Barber that the compound seems to be patrolled by armed guards. In May 1992, UPS delivered two cases of inert hand grenades and a quantity of black powder to the compound; in early June, UPS delivered 90 pounds of powdered aluminum, 30 to 40 heavy cardboard tubes, and 60 M-16/AR-15 ammunition magazines. Barber also gives Aguilera aerial photos of the compound, taken by the sheriff’s department, which depict a buried bus near the main structure and a three- to four-story tall observation tower. He tells Aguilera that neighbors have heard machine-gun fire coming from the property. Aguilera determines that in late 1992, the Davidians spent over $44,000 on parts for M-16/AR-15 machine guns, as well as a variety of other weaponry and weapons parts. Some of the parts come from an Illinois firm under investigation for selling illegal guns and gun parts. [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993; Dick J. Reavis, 7/19/1995; PBS Frontline, 10/1995] Aguilera officially opens a BATF investigation on Koresh and the Davidians on June 9. Within a week, Philip Chojnacki, the special agent in charge of the Houston BATF office, classifies the case “sensitive,” thereby calling for a high degree of oversight from both Houston and BATF headquarters in Washington, DC. [House Committee on Government Reform and Oversight, 8/2/1996] In 1996, a Congressional investigation will find that the BATF investigation is “grossly incompetent” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Entity Tags: Branch Davidians, Larry Gilbreath, David Koresh, Gene Barber, McLennan County Sheriff’s Department (Texas ), Philip Chojnacki, Michael Schroeder, United Parcel Service, Davy Aguilera, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: 1993 Branch Davidian Crisis
2007 picture of Davy Aguilera, at that time as assistant special agent in charge of the Los Angeles BATF bureau. [Source: Riverside Press-Enterprise]Davy Aguilera of the Austin, Texas, office of the Bureau of Alcohol, Tobacco, and Firearms (BATF), as part of an ongoing BATF investigation into the weapons allegedly owned by the Branch Davidian religious sect living outside Waco, Texas (see June-July 1992), visits the shop of a local gun dealer, Henry McMahon. Aguilera is accompanied by BATF compliance officer Jimmy Ray Skinner. During the visit, Aguilera and Skinner find that weapons parts for AR-15 assault rifles are listed in McMahon’s inventory, but are not on the premises nor are they listed as sold. McMahon admits that the parts were sold to Davidian sect leader David Koresh (see November 3, 1987 and After). McMahon calls Koresh, who offers to let the BATF agents inspect the Davidian compound for possible weapons violations. The agents decline the invitation. Shortly afterwards, McMahon tells Koresh that he is suspicious that the BATF is investigating Koresh and the Davidians. The 1996 House investigation of the Davidian situation (see August 2, 1996) will express the investigators’ confusion as to why the agents do not accept Koresh’s invitation, and finds, “The agents’ decline of the Koresh offer was a serious mistake.” [House Committee on Government Reform and Oversight, 8/2/1996]
The Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes known as the ATF) resumes its investigation into the Branch Davidian sect living in a compound, known as Mt. Carmel, outside Waco, Texas (see June-July 1992 and July 30, 1992). The investigation is spearheaded by BATF Special Agent Davy Aguilera, who has reason to believe that the Branch Davidians, under the leadership of David Koresh, are stockpiling a large amount of guns, weapons, and other military materiel. Neighbors have spoken of hearing machine-gun fire at the Mt. Carmel site. Aguilera learns that one of the Davidians is Marshal Keith Butler, a machinist capable of creating illegal guns from the parts bought by the Davidians; Butler has an extensive criminal record, mostly for drug possession. Aguilera also talks to a McLennan County deputy sheriff, Terry Fuller, who heard a loud explosion and saw a large cloud of grey smoke over the northeastern part of the Davidian property. (Fuller investigated and learned that the Davidians had been using dynamite for construction, a fact Aguilera does not elicit.) He learns from BATF Special Agent Carlos Torres that the Texas Department of Protective and Regulatory Services (DPRS) has investigated the Davidians, and their leader David Koresh (see November 3, 1987 and After), on suspicion of physically and sexually abusing children (see April 1992), and learns from former Waco Davidian Robyn Bunds that she had a child by Koresh, and she left because of Koresh’s increasingly abusive behavior towards herself and other community members. Bunds also tells Aguilera that she found what she later learned was a machine gun conversion kit. Her mother Jeannine Bunds, another former resident of the Mt. Carmel community, tells Aguilera that she frequently saw the men practicing with AK-47 and AR-15 machine guns, and that Koresh has fathered children with women and girls as young as 12 years of age, indicating that he may be guilty of statutory rape, a felony in Texas. Aguilera confirms that some 40 of the Mt. Carmel residents are foreign nationals, and that many of them either entered the country illegally or overstayed their visa; he will write in an affidavit for a search warrant (see February 25, 1993) that “it is a violation of Title 18, U.S.C. Section 922, for an illegal alien to receive a firearm.” BATF agents speak to Poia Vaega, a former Davidian now living in New Zealand, who makes further allegations of physical and sexual abuse. Vaega confirms what both Bunds have already said, that Koresh enforces a strict rule that only he can have sexual relations with the females of the community, and that he routinely has sex with girls as young as 11. Several BATF agents confirm that the Davidians have the proper parts, chemical compounds, and equipment to create a wide array of illegal guns, bombs, and explosives, and that in the past BATF agents have seized a number of illegal weapons from the Davidians. David Block, a former Waco Davidian, tells Aguilera that he has seen copies of books in the main building that tell the reader how to manufacture illegal bombs and explosives. Another source tells the BATF that the Davidians have made live grenades and are attempting to make a radio-controlled aircraft for carrying explosives. Documents show that Koresh has spent $199,715 on weapons and ammunition in the past 17 months, including M-16 automatic rifles and parts necessary for turning semiautomatic rifles into machine guns. [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993; Newsweek, 5/3/1993; Conway and Siegelman, 1995, pp. 244; Dean M. Kelley, 5/1995; Dick J. Reavis, 7/19/1995; House Committee on Government Reform and Oversight, 8/2/1996] Koresh and the Davidians have also buried a bus in the ground and stocked it with food for a year; members practice daily military drills, and both children and adults are taught how to commit suicide with a gun. [Conway and Siegelman, 1995, pp. 244] In 1996, a Congressional investigation will find that the BATF investigation is “grossly incompetent” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Entity Tags: Branch Davidians, Davy Aguilera, David Koresh, Carlos Torres, US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Block, Terry Fuller, Jeannine Bunds, Texas Department of Protective and Regulatory Services, Marshal Keith Butler, Robyn Bunds, Poia Vaega
Timeline Tags: 1993 Branch Davidian Crisis
David Koresh holds up a Bible while standing in front of a church. [Source: My Deactivated Guns (.com)]Davy Aguilera, a senior agent of the Texas branch of the Bureau of Alcohol, Tobacco, and Firearms (BATF) and the lead investigator in the bureau’s Branch Davidian/David Koresh probe (see June-July 1992 and November 1992 - January 1993), interviews BATF Special Agent Carlos Torres about his knowledge of the Davidians. Torres says that on December 4 he interviewed Joyce Sparks, an investigator for the Texas Department of Protective and Regulatory Services (DPRS), who has twice visited the Mt. Carmel compound of the Davidians outside of Waco to check on allegations of child abuse (see April 1992). According to Torres, Sparks said that on her last visit to the compound on April 6, “Koresh told her that he was the ‘messenger’ from God, that the world was coming to an end, and that when he ‘reveals’ himself, the riots in Los Angeles would pale in comparison to what was going to happen in Waco, Texas.” According to Sparks, Koresh’s self-revelation “would be a ‘military type operation’ and… all the ‘non-believers’ would have to suffer.” In 1993, columnist Daniel Wattenberg will dispute Sparks’s claim, noting that the Los Angeles riots began on April 29, 1992, more than three weeks after Sparks’s last visit to the compound. [American Spectator, 8/1/1993]
Bureau of Alcohol, Tobacco, and Firearms (BATF, sometimes abbreviated ATF) agent Davy Aguilera obtains a warrant, or affidavit as it is sometimes called in law enforcement terminology, to search the Branch Davidian compound, known to many as Mt. Carmel, just outside of Waco, Texas. Aguilera, a BATF agent out of Austin, Texas, secures the warrant from US Magistrate Judge Dennis Green in Waco. Aguilera says the evidence for the warrant comes from his own investigation, “as well as information furnished to me by other law enforcement officers and concerned citizens” (see March 5-9, 1992, June-July 1992, November 1992 - January 1993, December 7, 1992, January 11, 1993 and After, and January 22 - Early February, 1993). Aguilera’s warrant gives legal standing for the BATF’s upcoming raid on the Davidian compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Aguilera writes, “I believe that Vernon Howell, aka David Koresh and/or his followers who reside at the compound known locally as the Mt. Carmel Center are unlawfully manufacturing and possessing machine guns and explosive devices.” [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993] The legitimacy of the BATF affidavits and warrants will be disputed. After the events of the final assault (see April 19, 1993), a retired FBI agent will examine the original BATF affidavits and say that the agency lacked probable cause for them. In 1996, a Congressional investigation will find that the warrant is replete with “an incredible number of false statements” (see August 2, 1996); one example is its claim, based on witness statements, that the Davidians own a British Boys anti-tank .52 caliber rifle, when in fact they own a Barret light .50 firearm. Possession of the British Boys constitutes a felony, while ownership of the Barret is legal. The affidavit relies heavily on information provided by former Davidian Marc Breault (see February 27 - March 3, 1993); it does not note that Breault left the compound as an opponent of Koresh, a fact that might affect his motives in speaking against Koresh. Nor does the affidavit note that Breault is almost completely blind, but instead claims that he was a bodyguard who “participated in physical training and firearm shooting exercises conducted by Howell. He stood guard armed with a loaded weapon.” Aguilera repeatedly misrepresents and misstates the facts of weapons laws in the affidavit, and misstates the types of weapons parts that Koresh and the Davidians are known to have purchased. The investigation will find that while legitimate evidence exists that would constitute probable cause for a warrant, the BATF agents “responsible for preparing the affidavits knew or should have known that many of the statements were false.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996]
The St. Louis Post-Dispatch profiles two gun dealers, Henry S. McMahon and Karen Kilpatrick, who say they have endured threats of reprisal from federal officials after selling 223 guns to David Koresh, the Branch Davidian leader whose compound was destroyed by flames in a government assault (see April 19, 1993). McMahon, 37, and Kilpatrick, 42, were never charged with any crime, but they say government agents have threatened and intimidated them for seven years. They say they cannot hold down jobs, and live together in a federally subsidized apartment in a small Idaho town, surviving on government disability benefits. In 1997, the Justice Department rejected complaints they filed after finding no evidence of harassment or mistreatment. They tried to file a civil rights suit against the government, but could not pay for legal representation. They hope that the Danforth investigation (see July 21, 2000) will net them some government money. Both Kilpatrick and McMahon spent time at the Waco compound, and McMahon still has a Bible filled with handwritten notes he took during some of Koresh’s religious talks. McMahon says he never believed Koresh’s teachings: “I was there to sell David a gun,” he says.
BATF: No Evidence of Harassment - After the April 1993 debacle, the two claim that the Bureau of Alcohol, Tobacco and Firearms (BATF) has persecuted them, ruining their reputations among their fellow gun dealers. BATF spokesman Jeff Roehm says their allegations have been investigated and discounted. “There was no finding that anyone behaved inappropriately and no agent was disciplined,” Roehm says. He adds that he is prohibited by law from responding to specific allegations. McMahon says they sleep on air mattresses and keep their belongings boxed up, ready to flee from “the feds” at a moment’s notice.
Sold Guns to Koresh - McMahon and Kilpatrick moved to Waco in 1990, because Texas gun laws make it easy for people like them to sell guns without regulatory interference. Koresh was one of their best customers. McMahon calls Koresh a gun collector, who stockpiled an armory of various weapons (see May 26, 1993) merely to resell them for profit, and not to mount an assault on government officials. It was a July 1992 visit to McMahon’s business by BATF agents (see June-July 1992) that helped spark the BATF assault on the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993). McMahon says he told the agents, Jimmy Ray Skinner and Davy Aguilera (see June-July 1992 and November 1992 - January 1993), that Koresh was an investor. He also says that he called Koresh during that visit, and Koresh invited the agents to the Waco compound, but the agents declined the invitation.
Left Texas before Raid - Later in 1992, McMahon and Kilpatrick quit the gun-selling business in Texas and moved back to their home state of Florida; they deny that the BATF visit had anything to do with their decision. After the February 1993 BATF raid, they called the BATF office in Pensacola, informed the agents there of their business dealings with Koresh, and, though the agents told them to stay quiet, were besieged by reporters who somehow found out about their connections with Koresh.
Protective Custody - The BATF placed them in protective custody and flew them to Oregon, where they stayed with McMahon’s parents for 22 days. McMahon now says the agents told him their lives were in danger from Davidians loyal to Koresh, and adds that he and Kilpatrick now wish they had “gone public from the very get go” and not gone to Oregon. On March 23, federal agents brought them to Waco and questioned them—McMahon says they were threatened, shouted at, and physically assaulted—and told them they would be charged with manufacturing illegal weapons. They refused to implicate Koresh in illegal gun deals. Instead, the agents released the two and they returned to Florida. The owner of the gun shop that employed them, Duke McCaa, refused to take them back, citing his fear of the BATF and his lawyer’s advice. McCaa now says he does not believe McMahon’s and Kilpatrick’s tales of threats and harassment by federal agents. Kilpatrick testified for the prosecution in the 1994 trial of 11 Davidians (see January-February 1994).
Speaking for Gun-Rights Organizations - For a time, the two became high-profile spokespersons for the National Rifle Association (NRA) and other gun-rights groups; Soldier of Fortune magazine paid for them to go to Las Vegas, where they talked about Waco.
'They Owe Us' - The two moved to Bonners Ferry, Idaho, in 1993, where they worked a variety of odd jobs, including night security at a wilderness school for troubled youth. In 1995, McMahon testified before a House committee about Waco. After the testimony, McMahon says employees at the school harassed him and Kilpatrick, forcing them to quit. He and Kilpatrick filed for bankruptcy in 1996. Currently, the two live on disability payments; in 1997, a judge determined that Kilpatrick suffered from an “anxiety-related disorder” related to her involvement with the BATF assault on the Waco compound; McMahon was found to be unable to relate to fellow coworkers or cope with the pressures of employment. McMahon blames his jobless status on Waco, saying: “I have no problem getting a job or working. After I’ve been there awhile people find out more of what I am. Once they find out about Waco, I’m branded. I shouldn’t have to carry around this baggage to explain myself to people.” As for their insistence on government compensation: “We are due some compensation from the government. That’s the bottom line,” McMahon says. “They owe us.” [St. Louis Post-Dispatch, 1/29/2000]
Entity Tags: Henry S. McMahon, David Koresh, Branch Davidians, Duke McCaa, Davy Aguilera, US Department of Justice, Jimmy Ray Skinner, Karen Kilpatrick, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jeff Roehm, National Rifle Association
Timeline Tags: 1993 Branch Davidian Crisis
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