United States District Court: Plea Agreement
United States District Court: Plea Agreement
United States District Court: Plea Agreement
Defendant.
PLEA AGREEMENT
The United States of America, by and through United States Attorney, Stephen R.
McAllister, and Tyler R. Barriss, the defendant, personally and by and through his counsel,
Rich Federico, hereby enter into the following Plea Agreement pursuant to Rule
filed in the District of Kansas (Counts One, Two and Twelve of the Superseding
Indictment), and to charges filed in the District of Columbia (Counts One and Two of the
Indictment) and the Central District of California (Counts One through Forty-Six of the
Information), with those out-of-district charges having been transferred to the District of
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Kansas for plea pursuant to Federal Rule of Criminal Procedure 20. The charges are
specifically described in Attachment A to this Plea Agreement. By entering into this plea
agreement, the defendant admits to knowingly committing the offenses, and to being guilty
of the offenses. The defendant understands that the maximum sentences which may be
imposed as to these offenses are outlined in Attachment A to this Plea Agreement. The
defendant further agrees to abandon certain property to the United States, as agreed.
2. Factual Basis for the Guilty Plea. The parties agree the facts constituting
The defendant, Tyler R. BARRISS, later learned that during the evening of
December 28, 2017, in the District of Kansas and elsewhere, co-defendants
Casey VINER and Shane GASKILL played Call of Duty World War II - an
on line game - together but from different physical locations. Defendant
BARRISS believes that at the time co-defendant GASKILL played from
Kansas, and co-defendant VINER from Ohio.
Co-defendant VINER became upset by events that occurred during the game,
events that he blamed on co-defendant GASKILL. The co-defendants argued
via electronic communications, and co-defendant VINER remained upset.
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The defendant later learned that the County dispatched a response team of
law enforcement officers to 1033 W. McCormick Street as a direct result of
the defendant's telephone call. These officers initially believed they were
responding to a self-inflicted shooting. Shortly thereafter, dispatch notified
the officers that this was not correct, the calling party reported that he shot
his dad in the head and that dad was not breathing. When the officers arrived
in the area, they established a perimeter around 1033 W. McCormick Street.
At some point thereafter, the front door opened and a man, later identified as
A.F., stepped onto the front porch. At approximately 6:28 p.m., an officer
fired a shot that caused the death of A.F.
At approximately 6:35 and 6:37 p.m. the defendant (who at the time was
unaware of th~ shooting) called the WPD security officer again. During one
of the calls, the WPD security officer asked the defendant for his name and
phone number. The defendant provided the name "Brian" and a telephone
number that started with area code "316." In the final call, the WPD security
officer advised the defendant to hang up so the County dispatcher could call
him. The WPD security officer provided the "316" telephone number to the
County dispatcher.
The defendant admits that no one named "Ryan" or "Brian" lived at 1033 W.
McCormick on December 28, 2017, to the best of his knowledge and
information. No one had been shot inside the house, no hostages were being
held, and there was no gasoline poured all over the house, nor was anyone
inside threatening suicide. The defendant made false allegations and
statements to the WPD and the Sedgwick County Emergency
Communications in phone calls that occurred between the hours of 6: 10 p.m.
and 6:39 p.m. for the purpose "swatting" co-defendant GASKILL who the
defendant believed lived at 1033 W. McCormick, Wichita, Kansas.
To make these false telephone calls to the WPD and the County on December
28, 2017, the defendant admits that he utilized interstate electronic
communication services.
The defendant acknowledges and admits that his actions, outlined above,
resulted in the death of another person, A.F ., who was living in the District
of Kansas at the time of A.F.' s death.
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The defendant admits that the factual basis for Counts One through Forty-
Six of the Information in Case No. 18-10154-EFM is contained in
Attachment B to this Plea Agreement.
(a) a controlling sentence that is no less than 240 months (20 years) and no more
than 300 months (25 years) in prison for Counts One, Two and Twelve of the Superseding
Indictment in District of Kansas Case Number 18-10065, Counts One and Two of the
Indictment in District of Columbia Case Number 18-10155-EFM, and Counts One through
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(c) restitution in the amount of $5,000.00 payable to the Kansas Crime Victims
Compensation Fund;
(e) the mandatory special assessment of $100.00 per count of conviction (a total
of $5, 100.00).
The parties seek this binding plea agreement as an appropriate disposition of these cases,
because if the Court agrees to be bound by the proposed sentence, the result will bring
certainty to the sentencing process; assure that the defendant and the government will
benefit from the bargain they have struck; serve the interests of justice; and assure a
sentence consistent with the sentencing factors of 18 U.S.C. § 3553(a). If the Court does
not agree with the sentence, the defendant and United States may be restored to the
positions they maintained prior to reaching this plea Agreement. This plea agreement is
premised and founded upon on the defendant's agreement to enter his guilty plea as soon
as the Court's schedule permits, thereby preserving valuable resources of the Court,
prosecution, defense, United States Probation Office, and the United States Marshals'
Service.
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proposed sentence does not offend the advisory sentencing guidelines. Because the
proposed sentence is sought pursuant to Federal Rule of Criminal Procedure 11 (c)( 1)( C),
of guilty as set forth herein, the United States agrees to the following:
sentencing, and agrees to not file any additional charges against the defendant arising out
of the facts forming the basis for the present Indictments (Districts of Kansas and
of California). Specifically, the United States will dismiss Counts One through Twelve in
the Indictment (Doc. 1) and Counts Three through Eleven of the Superseding Indictment
(b) To contact any state officials with pending detainers against the defendant to
notify them about the terms of this Plea Agreement and request that the state remove the
detainer.
sentencing, the defendant agrees to provide to the United States Attorney's Office letters
of apology to the family of A.F ., the Wichita Police Department and Sedgwick County
Emergency Communications. If, in the opinion of the United States Attorney, the letters
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demonstrate true remorse on the part of the defendant, an acknowledgement about what
the defendant's conduct put each law enforcement officer through and acknowledgement
of guilt to an exceptional degree, the United States will acknowledge the defendant's
acceptance of responsibility as a mitigating factor and not seek the maximum term of
imprisonment under the agreement. It is understood by the parties that these letters must
be written by the defendant, Tyler Barriss, as an expression of his true and sincere thoughts,
obligations under this plea agreement are contingent upon the defendant's continuing to
statements as to his involvement, falsely denies or frivolously contests relevant conduct the
defined by U.S.S.G. § 3Cl.1 (or willfully attempts to do so), or has engaged in additional
criminal conduct not previously know or disclosed to the Government, the United States
reserves the right to petition the Court for a hearing to determine if the defendant has
If the Court finds by a preponderance of the evidence that the defendant ( 1) has
breached or violated this plea agreement; (2) has willfully obstructed or impeded the
(3) has engaged in additional criminal conduct; or (4) has otherwise failed to adhere to this
plea agreement's terms, this plea agreement will be deemed null and void, and the United
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States may pursue any additional charges ansmg from the criminal activity under
investigation, as well as any charges for any perjury, false statement, or obstruction of
If the Court finds the defendant has violated this plea agreement, the defendant
understands and agrees that all statements he made, any testimony he gave before a grand
jury or any tribunal, or any leads from such statements or testimony, shall be admissible
against him in any and all criminal proceedings. The defendant waives any rights which
might be asserted under the United States Constitution, any statute, Federal Rule of
Criminal Procedure 11 (f), Federal Rule of Evidence 410, or any other federal rule that
pertains to the admissibility of any statements he made subsequent to this plea agreement.
Court's Sole and Exclusive Decision. The Court has no obligation to accept the
proposed plea agreement and sentence. It is solely within the Court's discretion whether to
9. Withdrawal of Plea Permitted Only if the Court Does Not Accept the
Plea Agreement and Proposed Sentence. If the Court agrees to be bound by the
proposed plea agreement and sentence, the parties shall be bound by all the terms of the
proposed plea agreement and the defendant will not be permitted to withdraw his guilty
plea. If the Court announces that it will NOT be bound by the proposed plea agreement,
the parties agree that at that time either party may withdraw from the proposed plea
agreement, and if either party does so, then all parties will be restored to the positions they
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were in prior to the entry of the defendant's plea. If neither party elects to withdraw from
the proposed plea agreement at the time the Court announces that it will not be bound, and
before the Court proceeds with sentencing, then the parties shall be bound by all the terms
of the proposed plea agreement and the defendant will not be permitted to withdraw his
guilty plea.
fully with the United States Attorney's Office and specifically agrees as follows:
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(d) Defendant agrees that any waivers, consents, or releases executed for the
United States Probation Office for purposes of preparation of the Presentence
Report may be provided to the United States Attorney's Office. All
information defendant provided to the United States Probation Office or
independently obtained by the United States Probation Office may be
provided to the United States Attorney's Office.
(f) Defendant agrees that whatever monetary penalties the Court imposes
(including any fine, restitution, assessment, or forfeiture judgment), will be
due and payable immediately and subject to immediate enforcement by the
United States. Should the Court impose a schedule of payments, he agrees
that the schedule of payments is a minimum schedule of payments and not
the only method, nor a limitation on the methods, available to the United
States to enforce the judgment. If defendant is incarcerated, defendant agrees
to participate in the Bureau of Prisons' Inmate Financial Responsibility
Program, regardless of whether the Court specifically directs participation or
imposes a schedule of payments.
(g) If defendant posted funds as security for defendant's appearance in this case,
defendant authorizes the Court to release the funds to the Clerk of the United
States District Court to be applied to the criminal monetary impositions at
the time of sentencing.
(h) Defendant waives any requirement for demand of payment on any restitution,
fine, assessment, or forfeiture judgment entered by this Court.
(i) Defendant agrees to notify the United States Attorney's Office within 30
days of any change of address or other contact information until the judgment
debt is paid in full.
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(j) Defendant agrees the terms of this agreement shall be incorporated into the
Judgment in a Criminal Case.
(1) Defendant agrees that noncompliance with any of the terms set forth in this
paragraph will result in a continuance of the sentencing hearing.
11. Restitution. The defendant knowingly and voluntarily agrees and consents
to the following:
(a) The defendant agrees that the total amount of restitution reflected in this Plea
Agreement results from the defendant's criminal conduct.
(b) The defendant agrees that restitution is due and payable immediately after
the judgment is entered and is subject to immediate enforcement, in full, by
the United States. If the Court imposes a schedule of payments, which it may
do as a condition of supervised release, the defendant agrees that the schedule
of payments is a schedule of the minimum payment due, and that the payment
schedule does not prohibit or limit the methods by which the United States
may immediately enforce the judgment in full.
(c) The defendant agrees to send all payments made pursuant to the Court's
restitution order to the Clerk of the Court at the following address:
(d) With each payment to the Clerk of the Court made pursuant to the District
Court's restitution order, the defendant will provide the following
information:
(ii) The District Court and the docket number assigned to this case;
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(iii) A statement that the payment is being submitted pursuant to the District
Court's restitution order.
mandatory special assessment of $100.00 per count of conviction will be entered against
him at the time of sentencing. The defendant agrees to deliver to the Clerk of the United
States District Court payment in the appropriate amount no later than the day of sentencing.
The defendant has the burden of establishing an inability to pay the required special
assessment. The parties acknowledge that if the Court finds the defendant is without
resources to pay the special assessment at the time of sentencing, the Court may allow
13. Waiver of Appeal and Collateral Attack. The defendant knowingly and
voluntarily waives any right to appeal or collaterally attack any matter in connection with
this prosecution, his conviction, or the components of the sentence to be imposed herein,
including the length and conditions of supervised release. The defendant is aware that 18
U.S.C. § 3742 affords him the right to appeal the conviction and sentence imposed. By
entering into this agreement, the defendant knowingly waives any right to appeal a sentence
imposed in accordance with the sentence recommended by the parties under Rule
1 l(c)(l)(C). The defendant also waives any right to challenge his sentence, or the manner
in which it was determined, or otherwise attempt to modify or change his sentence, in any
collateral attack, including, but not limited to, a motion brought under 28 U.S.C. § 2255
(except as limited by United States v. Cockerham, 237 F.3d 1179, 1187 (10th Cir. 2001)),
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or a motion brought under Federal Rule of Civil Procedure 60(b ). In other words, the
defendant waives the right to appeal the sentence imposed in this case, except to the extent,
if any, the Court imposes a sentence in excess of the sentence recommended by the parties
under Rule ll(c)(l)(C). However, if the United States exercises its right to appeal the
this waiver and may appeal the sentence received, as authorized by 18 U.S.C. § 3742(a).
Notwithstanding the foregoing waivers, the parties understand that the defendant in no way
prosecutorial misconduct.
14. FOIA and Privacy Act Waiver. The defendant waives all rights, whether
of the United States any records pertaining to the investigation or prosecution of this case,
including, without limitation, any records that may be sought under the Freedom of
Information Act, 5 U.S.C. § 552. The defendant further waives any rights conferred under
the Privacy Act of 1974, 5 U.S.C. § 552a, to prevent or object to the disclosure of records
15. Full Disclosure by United States. The defendant understands the United
States will provide to the Court and the United States Probation Office all information it
deems relevant to determining the appropriate sentence in this case. This may include
entirety of his criminal activities. The defendant understands these disclosures are not
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limited to the counts to which he is pleading guilty. The United States may respond to
comments the defendant or his attorney makes, or to positions defendant or his attorney
take, and to correct any misstatements or inaccuracies. The United States further reserves
the right to make any recommendations it deems appropriate regarding the disposition of
this case, subject only to limitations set forth in this plea agreement. The defendant also
has the right to provide information concerning the offenses and to make recommendations
16. Parties to the Agreement. The defendant understands this plea agreement
binds only him and the United States Attorneys for the District of Kansas, the District of
Columbia, and the Central District of California, and that it does not bind any other federal,
17. No Other Agreements. The defendant has had a full opportunity and
sufficient time to discuss this case, the evidence, and this plea agreement with his attorney
and defendant is fully satisfied with the advice and representation his attorney has
provided. Further, the defendant acknowledges that he has read the plea agreement,
understands it, and agrees it is true and accurate and not the result of any threats, duress or
coercion. The defendant further understands that this plea agreement supersedes any and
all other agreements, discussions or negotiations between the parties, and that this plea
agreement embodies each and every term of the agreement between the parties.
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18. Defendant Acknowledges His Guilt and the Voluntariness of His Plea.
The defendant acknowledges that he is entering into this plea agreement and is
pleading guilty because he is guilty. He further acknowledges that he is entering his guilty
Date: / / - ~ - :20/B
Stephe R. McAllister
Unite States Attorney
United States Attorney's Office
301 N. Main, Suite 1200
Wichita, Kansas 67202
316-260-6481
K.S.Ct.No. 15845
Date: l\ - 13-\16
Tyler R. Barriss
Defendant
Date:_---'-
ll-+(_13-4/_2_0_1K
_ _ _ __
Rich Feder(c°o
Assistant Federal Public Defender
Counsel for Defendant Barriss
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Attachment A
Counts 4, 8, 19, 20, 22, 23, 32, 45, 46 (Interstate Threats in violation of 18 U.S.C. §
875): A term of imprisonment of not more than five (5) years, and/or a fine not to exceed
$250,000.00, a term of supervised release of not more than one (1) year, and a special
assessment of not less than $100.00 per count of conviction (18 U.S.C. § 3013).
Counts One and Two (Threatening to Kill Another or Damage Property by Fire in
violation of 18 U.S.C § 844): A term of imprisonment of not more than ten (10) years,
and/or a fine not to exceed $250,000.00, a term of supervised release of not more than three
(3) years, and a special assessment of not less than $100.00 per count of conviction (18
u.s.c. § 3013).
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Attachment B
A. Introductory Facts
Twitter is an online social networking service on which users post and interact with
messages known as tweets. Twitter users also can send Direct Messages to one another.
A Twitter "handle" is the name a user selects to use on Twitter.
Defendant TYLER RAI BARRISS ("defendant"), also known as ("aka")
"@SWAUTISTIC," aka "Robert Hayward," aka "Robert," aka "Alex Mendez," aka
"Alex," aka "Matthew," aka "Aaron," resided in, and was located in, Los Angeles County
within the Central District of California. Defendant used the Twitter handle
@SWAUTISTIC.
Unindicted Co-Conspirator No. 1 resided in, and was located in, Des Plaines,
Illinois. Unindicted Co-Conspirator No. 1 used the Twitter handle @INTERNETLORD.
Unindicted Co-Conspirator No. 2 resided in, and was located in, Gulf Breeze,
Florida. Unindicted Co-Conspirator No. 2 used the Twitter handle @TRAGIC.
Unindicted Co-Conspirator No. 3 resided in, and was located in, Grand Rapids,
Michigan. Unindicted Co-Conspirator No. 3 used the Twitter handle @THROW.
Unindicted Co-Conspirator No. 4 resided in, and was located in, Greenwood,
Missouri. Unindicted Co-Conspirator No. 4 used the Twitter handle @SPARED.
Waukesha State Bank was a financial institution insured by the Federal Deposit
Insurance Corporation.
"Swatting" is the action or practice of harassing a victim by deceiving an emergency
service into sending a police and emergency service response teams to the victim's address,
often by making a false report of a serious law enforcement emergency- such as a murder
or hostage situation - at the victim's address to trigger the deployment of the response
team.
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On or about September 24, 2015, in Los Angeles County, within the Central District
of California, defendant by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Beaver Creek Police
Department in Beaver Creek, Ohio, concerning an alleged attempt being made, or to be
made, to kill, injure, and intimidate an individual and to damage and destroy property by
means of fire and an explosive, namely, and in substance and effect, that bombs were
planted at a high school in Beaver Creek and that those bombs were set to explode.
On or about September 29, 2015, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Keene Police Department in
Keene, New Hampshire, concerning an alleged attempt being made, or to be made, to kill,
injure, and intimidate an individual and to damage and destroy property by means of fire
and an explosive, namely, and in substance and effect, that bombs were planted at a high
school in Keene and that those bombs were set to explode.
On or about late September 2015, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Clark County School District
Police Department in Henderson, Nevada, concerning an alleged attempt being made, or
to be made, to kill, injure, and intimidate an individual and to damage and destroy property
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by means of fire and an explosive, namely, and in substance and effect, that bombs were
planted at a school and that those bombs were set to explode.
On or about October 1, 2015, in Los Angeles County, within the Central District of
California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
through a voice-over-internet service provider to the Ipswich Police Department in
Ipswich, Massachusetts, a communication containing true threats to injure the person of
another, namely, and in substance and effect, that he was named "Matthew," that he had
just murdered his girlfriend, and that he intended to go to the Ipswich Police Department
and kill officers and himself.
On or about October 5, 2015, in Los Angeles County, within the Central District of
California, defendant, by a telephone and other instrument of commerce, namely, a voice-
over-internet service provider, willfully made a threat, and maliciously conveyed false
information knowing the information to be false, to the DuPage University Police
Department in Glen Ellyn, Illinois, concerning an alleged attempt being made, or to be
made, to kill, injure, and intimidate an individual and to damage and destroy property by
means of fire and an explosive, namely, and in substance and effect, that he was named
"Alex Mendez" and that bombs were planted at a college in Glen Ellyn and that those
bombs were set to explode.
On or about October 7, 20 15, in Los Angeles County, within the Central District of
California, defendant TYLER RAJ BARRISS, also known as ("aka") "@SWAUTISTIC,"
aka "Robert Hayward," aka "Robert," aka "Alex Mendez," aka "Alex," aka "Matthew,"
aka "Aaron," by a telephone and other instrument of commerce, willfully made a threat,
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and maliciously conveyed false information knowing the information to be false, to the
University of Illinois-Chicago Police Department in Chicago, Illinois, concerning an
alleged attempt being made, or to be made, to kill, injure, and intimidate an individual and
to damage and destroy property by means of fire and an explosive, namely, and in
substance and effect, that he was named "Alex Mendez" and that bombs were planted at a
university in Chicago.
On or about October 8, 2015, in Los Angeles County, within the Central District of
California, defendant, by a telephone and other instrument of commerce, namely, a voice-
over-internet service provider, willfully made a threat, and maliciously conveyed false
information knowing the information to be false, to the Northern Illinois University Police
Department in DeKalb, Illinois, concerning an alleged attempt being made, or to be made,
to kill, injure, and intimidate an individual and to damage and destroy property by means
of fire and an explosive, namely, and in substance and effect, that bombs were planted at a
university in DeKalb and that those bombs were set to explode.
On or about September 26, 2017, in Los Angeles County, within the Central District
of California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
through a voice-over-internet service provider to the Washington Police Department in
Washington, Illinois, a communication containing true threats to injure the person of
another, namely, and in substance and effect, that he was named "Alex," that he had just
shot two people at a home on South Elm Street in Washington, that he was high on
methamphetamine, and that he was armed with an assault rifle. In response to this
information, Washington Police Department officers went to the home and ordered its only
occupant to exit the building.
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On or about September 26, 201 7, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Layton Police Department in
Layton, Utah, concerning an alleged attempt being made, or to be made, to kill, injure, and
intimidate an individual and to damage and destroy property by means of fire and an
explosive, namely, and in substance and effect, that he had planted bombs at a shopping
center in Layton and that those bombs were set to explode. In response to this information,
law enforcement, including a K-9 unit from a nearby Air Force Base, evacuated the
shopping center and searched it for explosives.
On or about September 27, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Peoria Police Department in
Peoria, Illinois, concerning an alleged attempt being made, or to be made, to kill, injure,
and intimidate an individual and to damage and destroy property by means of fire and an
explosive, namely, and in substance and effect, that was named "Robert Hayward," that he
had planted bombs in backpacks throughout a high school, that those bombs were set to
explode, and that he was at or near the high school, armed with a gun, and intended to open
fire. In response to this information, law enforcement evacuated the high school and
searched it for explosives.
On or about September 28, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
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false information knowing the information to be false, to the Richmond Police Department
in Richmond, Virginia, concerning an alleged attempt being made, or to be made, to kill,
injure, and intimidate an individual and to damage and destroy property by means of fire
and an explosive, namely, and in substance and effect, that he had planted bombs in a
building on West Broad Street in Richmond. In response to this information, law
enforcement, including a K-9 bomb detection team, evacuated the building and searched it
for explosives.
On or about September 28, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Arlington Police Department
in Arlington, Virginia, concerning an alleged attempt being made, or to be made, to kill,
injure, and intimidate an individual and to damage and destroy property by means of fire
and an explosive, namely, and in substance and effect, that he was named "Robert
Hayward" and that he had planted a bomb in a building on Wilson Boulevard in Arlington.
In response to this information, law enforcement went to the building to investigate.
On or about September 28, 20 17, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the West University Place Police
Department in West University Place, Texas, concerning an alleged attempt being made,
or to be made, to kill, injure, and intimidate an individual and to damage and destroy
property by means of fire and an explosive, namely, and in substance and effect, that a fake
maintenance crew had planted bombs in a building on Bissonnet Street in Houston and that
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those bombs were set to explode. In response to this information, law enforcement went
to the building to investigate.
On or about September 29, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to a television station in Phoenix,
Arizona, concerning an alleged attempt being made, or to be made, to kill, injure, and
intimidate an individual and to damage and destroy property by means of fire and an
explosive, namely, and in substance and effect, that he had planted a bomb inside a public
works building on North 23rd Avenue in Phoenix and that the bomb was set to explode.
In response to this information, law enforcement went to the public works building to
investigate.
On or about September 29, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Allen Police Department in
Allen, Texas, concerning an alleged attempt being made, or to be made, to kill, injure, and
intimidate an individual and to damage and destroy property by means of fire and an
explosive, namely, and in substance and effect, that he was named "Robert," that he had
planted bombs throughout a high school in Allen, and that those bombs were set to explode.
In response to this information, law enforcement went to the high school to conduct a
search and security sweep. Later that day, defendant, using his @SWAUTISTIC Twitter
account, posted a tween concerning the evacuation of the high school.
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On or about September 29, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
,
false information knowing the information to be false, to the Harvard University Police
Department in Cambridge, Massachusetts, concerning an alleged attempt being made, or
to be made, to kill, injure, and intimidate an individual and to damage and destroy property
by means of fire and an explosive, namely, and in substance and effect, that he was named
"Robert Hayward," that he had planted bombs on a university campus and that the bombs
were set to explode. In response to this information Cambridge Police Department bomb
technicians were alerted.
On or about September 30, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to a television station in Phoenix,
Arizona, concerning an alleged attempt being made, or to be made, to kill, injure, and
intimidate an individual and to damage and destroy property by means of fire and an
explosive, namely, and in substance and effect, that he had planted bombs throughout a
building located on West Adams Street in Phoenix and that those bombs were set to
explode. In response to this information, law enforcement went to the building to
investigate.
On or about September 30, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Alexandria Police Department
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On or about September 30, 2017, in Los Angeles County, within the Central District
of California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
using a voice-over-internet service provider to Marion County Emergency Services in
Marion County, Missouri, a communication containing true threats to injure the person of
another, namely, and in substance and effect, that he had just shot two people and planned
to burn down a residence on Whitaker Lane in New London, Missouri. In response to this
information, law enforcement went to the residence to investigate.
On or about September 30, 2017, in Los Angeles County, within the Central District
of California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
using a voice-over-internet service provider to Marion County Emergency Services in
Marion County, Missouri, a communication containing true threats to injure the person of
another, namely, and in substance and effect, that he was named "Robert Hayward," and
that he had just shot two people at a residence on Walnut Street in Hannibal, Missouri. In
response to this information, law enforcement went to the residence to investigate.
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On or about October 2, 2017, in Los Angeles County, within the Central District of
California, defendant, by a telephone and other instrument of commerce, namely, a voice-
over-internet service provider, willfully made a threat, and maliciously conveyed false
information knowing the information to be false, to Marion County Emergency Services
in Marion County, Missouri, concerning an alleged attempt being made, or to be made, to
kill, injure, and intimidate an individual and to damage and destroy property by means of
fire and an explosive, namely, and in substance and effect, that he had planted bombs at a
high school in Center, Missouri. In response to this information, law enforcement
evacuated and searched the high school.
On or about October 2, 2017, in Los Angeles County, within the Central District of
California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
using a voice-over-internet service provider to the Washington Police Department in
Washington, Illinois a communication containing true threats to injure the person of
another, namely, and in substance and effect, that he had just killed two people at a
residence on South Wood Street in Washington, that he had an assault rifle, and that he
would kill any law enforcement officer that approached the residence.
On or about October 2, 2017, in Los Angeles County, within the Central District of
California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
using a voice-over-internet service provider to the Las Vegas Police Department in Las
Vegas, Nevada, a communication containing true threats to injure the person of another,
namely, and in substance and effect, that he had shot his wife at a hotel in Las Vegas and
intended to shoot other hotel guests.
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On or about October 4, 201 7, in Los Angeles County, within the Central District of
California, defendant, by a telephone and other instrument of commerce, namely, a voice-
over-internet service provider, willfully made a threat, and maliciously conveyed false
information knowing the information to be false, to emergency services in Ralls County,
Missouri, concerning an alleged attempt being made, or to be made, to kill, injure, and
intimidate an individual and to damage and destroy property by means of fire and an
explosive, namely, and in substance and effect, that bombs were planted at a high school
in Center, Missouri.
On or about November 2, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the West Virginia University
Police Department in Morgantown, West Virginia, concerning an alleged attempt being
made, or to be made, to kill, injure, and intimidate an individual and to damage and destroy
property by means of fire and an explosive, namely, and in substance and effect, that he
had planted bombs on a university campus, that he had an assault rifle, and that he intended
to open fire on students. In response to this information, law enforcement searched the
university campus using K-9s.
On or about November 9, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Portland Police Department
in Portland, Maine, concerning an alleged attempt being made, or to be made, to kill, injure,
and intimidate an individual and to damage and destroy property by means of fire and an
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explosive, namely, and in substance and effect, that he was named "Robert," that he had
placed bombs around a television station in Portland. In response to this information, law
enforcement evacuated and searched the television station.
On or about November 10, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Dedham Police Department
in Dedham, Massachusetts, concerning an alleged attempt being made, or to be made, to
kill, injure, and intimidate an individual and to damage and destroy property by means of
fire and an explosive, namely, and in substance and effect, that he worked with the
designated terrorist organization known as the Islamic State of Iraq and the Levant, also
known as ISIS, that he had planted bombs on and around a television station located on
Fox Drive in Dedham, and that the bombs were set to explode. In response to this
information, law enforcement evacuated the television station during a live broadcast and
searched the television station with K-9s.
On or about November 10, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Chicago Police Department
in Chicago, Illinois, concerning an alleged attempt being made, or to be made, to kill,
injure, and intimidate an individual and to damage and destroy property by means of fire
and an explosive, namely, and in substance and effect, that he was named "Robert
Hayward," that he was an agent of the designated foreign terrorist organization known as
the Islamic State of Iraq and the Levant, otherwise known as ISIS, and that he had planted
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a bomb in a building on North State Street in Chicago. In response to this information, the
Chicago Police Department bomb detection unit cleared the area and searched it with a K-
9 team.
On or about November 11, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Philadelphia Police
Department in Philadelphia, Pennsylvania, concerning an alleged attempt being made, or
to be made, to kill, injure, and intimidate an individual and to damage and destroy property
by means of fire and an explosive, namely, and in substance and effect, that bombs were
planted at a museum in Philadelphia.
On or about November 19, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Austin Police Department in
Austin, Texas, concerning an alleged attempt being made, or to be made, to kill, injure, and
intimidate an individual and to damage and destroy property by means of fire and an
explosive, namely, and in substance and effect, that he was named "Robert Hayward, that
he had left backpacks containing dynamite at an apartment complex on Farm to Market
Road in Austin and that the dynamite was set to explode, that he had an assault rifle, and
that he planned to open fire on any law enforcement that approached him. In response to
this information, law enforcement shut down roads leading to the apartment complex and
deployed two-man teams and a helicopter to search the area.
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On or about November 24, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Bernalillo Police Department
in Bernalillo, New Mexico, concerning an alleged attempt being made, or to be made, to
kill, injure, and intimidate an individual and to damage and destroy property by means of
fire and an explosive, namely, and in substance and effect, there were bombs planted at a
shopping center in Bernalillo.
On or about November 24, 2017, in Los Angeles County, within the Central District
of California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
using a voice-over-internet service provider to the Dallas Police Department in Dallas,
Texas, a communication containing true threats to injure the person of another, namely,
and in substance and effect, that he intended to engage in violent acts toward persons at a
shopping center in Dallas.
On or about November 24, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Nassau County Police
Department in Nassau County, New York, concerning an alleged attempt being made, or
to be made, to kill, injure, and intimidate an individual and to damage and destroy property
by means of fire and an explosive, namely, and in substance and effect, that there were
bombs at shopping center in Valley Stream, New York.
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On or about November 24, 201 7, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Michigan City Police
Department in Michigan City, Indiana, concerning an alleged attempt being made, or to be
made, to kill, injure, and intimidate an individual and to damage and destroy property by
means of fire and an explosive, namely, and in substance and effect, that there were bombs
at a Michigan City shopping center.
35. November 28, 2017 - High School in Panama City Beach, Florida
On or about November 28, 201 7, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Panama City Beach Police
Department in Panama City Beach, Florida concerning an alleged attempt being made, or
to be made, to kill, injure, and intimidate an individual and to damage and destroy property
by means of fire and an explosive, namely, and in substance and effect, that he had planted
bombs at a high school in Panama City Beach, that the bombs were set to explode, and that
he and another person were at the school, armed with guns. In response to this information,
law enforcement evacuated the high school.
On or about November 28, 201 7, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of ~ommerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Durand Area Schools in
Durand, Michigan, concerning an alleged attempt being made, or to be made, to kill, injure,
and intimidate an individual and to damage and destroy property by means of fire and an
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explosive, namely, and in substance and effect, that he was named "Robert," that he had
planted bombs at a high school and that those bombs were set to explode. In response to
this information, law enforcement, including a K-9 team, searched the high school.
On or about December 11 , 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Suffolk County Police
Department in Smithtown, New York, concerning an alleged attempt being made, or to be
made, to kill, injure, and intimidate an individual and to damage and destroy property by
means of fire and an explosive, namely, and in substance and effect, that he and a friend
had planted bombs at a mall in Lake Grove, New York, that those bombs were set to
explode, and that he and others were armed with assault weapons and planned to open fire
at the mall. In response to this information, law enforcement initiated their emergency
service and active shooter response protocols.
On or about December 14, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service, willfully made a threat, and maliciously conveyed false
information knowing the information to be false, to the George Mason University Police
Department in Fairfax County, Virginia, concerning an alleged attempt being made, or to
be made, to kill, injure, and intimidate an individual and to damage and destroy property
by means of fire and an explosive, namely, and in substance and effect, that he was named
"Robert," that he was high on methamphetamine and Xanax, had planted dynamite at a
secondary school in Burke, Virginia, and that the dynamite was set to explode. In response
to this information, law enforcement searched the middle school.
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On or about December 17, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service, willfully made a threat, and maliciously conveyed false
information knowing the information to be false, to a mall in Lake Grove, New York,
concerning an alleged attempt being made, or to be made, to kill, injure, and intimidate an
individual and to damage and destroy property by means of fire and an explosive, namely,
and in substance and effect, that he and a friend had planted bombs at the mall and that
those bombs were set to explode.
On or about December 19, 2017, in Los Angeles County, within the Central District
of California, defendant, by a telephone and other instrument of commerce, namely, a
voice-over-internet service provider, willfully made a threat, and maliciously conveyed
false information knowing the information to be false, to the Lee's Summit Police
Department in Lee's Summit, Missouri, concerning an alleged attempt being made, or to
be made, to kill, injure, and intimidate an individual and to damage and destroy property
by means of fire and an explosive, namely, and in substance and effect, that he had planted
a bomb at a high school and that the bomb was set to explode.
On or about December 22, 2017, in Los Angeles County, within the Central District
of California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
using a voice-over-internet service provider to Calgary emergency services in Calgary,
Canada, a communication containing true threats to injure the person of another, namely,
and in substance and effect, that he had shot a person and was holding two others as
hostages.
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On or about December 26, 2017, in Los Angeles County, within the Central District
of California, defendant, with the purpose of issuing a threat and with knowledge that the
communication would be viewed as a threat, knowingly transmitted in interstate commerce
using a voice-over-internet service provider to the San Antonio Police Department in San
Antonio, Texas, a communication containing true threats to injure the person of another,
namely, and in substance and effect, that he was named "Aaron," that he had shot his
mother, and that he intended to harm others.
Beginning no later than November 27, 2017, and continuing through on or about
December 5, 2017, in Los Angeles County, within the Central District of California, and
elsewhere, defendant and Unindicted Co-Conspirator No. 1 knowingly combined,
conspired, and agreed to commit bank fraud, in violation of Title 18, United States Code,
Section 1344(2).
The object of the conspiracy was to be carried out, and was carried out, in substance
as follows: Unindicted Co-Conspirator No. 1 would obtain credit and debit card account
numbers that he knew belonged to real persons. Unindicted Co-Conspirator No. 1 would
use those unauthorized debit and credit card account numbers to purchase clothing and
other items online for, and at the request of, defendant. In purchasing those items,
Unindicted Co-Conspirator No. 1 would falsely represent to online retailers that he was
authorized to use those credit and debit card account numbers to make purchases, when, in
fact, he was not authorized to do so.
Specifically, defendant and Unindicted Co-Conspirator No. 1 committed and caused
others to commit various overt acts within the Central District of California, and elsewhere,
including the following:
On or before November 27, 2017, Unindicted Co-Conspirator No. 1 opened an
account with a virtual private network service provider (the "VPN Service").
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persons that they wanted to harass, intimidate, disrupt, and annoy either by swatting them
or by causing them to be evacuated from their locations. Unidentified Co-Conspirator No.
1 and defendant would investigate their intended victims, to include identifying their
victims' addresses and telephone numbers and the addresses and telephone numbers of law
enforcement local to those victims. Defendant would call law enforcement and maliciously
convey false information, knowing that information to be false, and willfully make a threat,
about explosives being present at the victim's address to cause a law enforcement response.
Defendant would call the location where he believed the victim was then located and
maliciously convey false information, knowing that information to be false, and willfully
make a threat, about explosives being present at that location to cause its evacuation.
Specifically, defendant and Unindicted Co-Conspirator No. 1 committed and caused
others to commit various overt acts within the Central District of California, and elsewhere,
including the following:
On or about December 7, 2017, in Twitter direct messages, Unindicted Co-
Conspirator No. 1 asked defendant to swat Victim R.S., and defendant agreed.
On or about December 7, 2017, in Twitter direct messages, Unindicted Co-
Conspirator No. 1 provided defendant with what he believed to be personal identification
information for Victim R.S., including Victim R.S.'s home address.
On or about December 7, 2017, defendant called the Milford Police Department in
Milford, Connecticut, identified himself as Victim R.S., and provided what he believed to
be the home address of Victim R.S. He also maliciously conveyed the false information,
knowing that information to be false, and willfully made the threat, that he had shot his
parents, that he had tied up his siblings and was intended to kill them, and that he planned
to bum down his house.
On or about December 7, 201 7, in Twitter direct messages, defendant told
Unindicted Co-Conspirator No. 1 that he had swatted Victim R.S.
On or about December 8, 2017, in Twitter direct messages, Unindicted Co-
Conspirator No. 1 provided defendant with what he believed to be the address for a
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convention center m Dallas, Texas (the "Convention Center"), where a video game
tournament was then occurring.
On or about December 8, 2017, in Twitter Direct Messages, Unindicted Co-
Conspirator No. 1 agreed to create, and did in fact create, an account with a voice-over-
internet services provider for defendant to use in making hoax phone calls to and
concerning the Convention Center.
On or about December 8, 2017, defendant called both the Convention Center's
administrative line and a Crime Stoppers tip line and maliciously conveyed the false
information, and willfully made the threat, that he left backpacks containing explosives in
the Convention Center and that they were set to explode.
On or about December 8, 2017, in Twitter direct messages, Unindicted Co-
Conspirator No. 1 provided defendant with information about the evacuation of the
Convention Center in response to defendant's knowingly false reports that he planted
bombs there.
On or about December 10, 2017, defendant called the Dallas Police Department and
said that he and a friend had left backpacks containing explosives inside the Convention
Center and that they were set to explode.
On or about December 10, 201 7, defendant called the Convention Center's
administrative line and maliciously conveyed the false information that he had planted a
bomb there. That day, the Convention Center was again evacuated.
Beginning no later than December 16, 201 7, and continuing through on or about
December 17, 201 7, within the Central District of California, and elsewhere, defendant,
Unindicted Co-Conspirator No. 3, and Unindicted Co-Conspirator No. 4 knowingly
combined, conspired, confederated, and agreed to: (1) By a telephone and other instrument
of commerce, willfully make a threat, and maliciously convey false information knowing
the information to be false, concerning an alleged attempt being made, or to be made, to
kill, injure, and intimidate an individual and to damage and destroy property by means of
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fire and an explosive, in violation of Title 18, United States Code, Section 844(e). (2) With
the purpose of issuing a threat and with knowledge that the communication would be
viewed as a threat, knowingly transmit in interstate commerce a communication containing
true threats to injure the person of another, in violation of Title 18, United States Code,
Section 875(c).
The object of the conspiracy was to be carried out, and was carried out, in substance
as follows: Unindicted Co-Conspirator No. 3 and Unindicted Co-Conspirator No. 4 would
identify victims that either or both of them wanted to harass, intimidate, disrupt, and annoy
by swatting them. Unindicted Co-Conspirator No. 3 and Unindicted Co-Conspirator No.
4 would provide information about their victims, such as what they believed to be their
victims' home addresses, to defendant. Using an online payment processor, Unindicted
Co-Conspirator No. 4 would pay defendant to swat the victims. Defendant would willfully
and maliciously call law enforcement and make a false report, knowing that information to
be false, of a serious law enforcement emergency in order to trigger a law enforcement and
emergency services response at what he believed to be the victim's home address.
Specifically, defendant, Unindicted Co-Conspirator No. 3, and Unindicted Co-
Conspirator No. 4 committed and caused others to commit various overt acts within the
Central District of California, and elsewhere, including the following:
On or about December 16, 2017, Unindicted Co-Conspirator No. 3 asked defendant,
in Twitter Direct Messages, whether he would "do some naughty tasks 4me" in exchange
for payment, to include Bitcoin, which is a peer-to-peer crypto-currency, and a Microsoft
Xbox, which is a video game system.
On or about December 17, 2017, Unindicted Co-Conspirator No. 3 told Unindicted
Co-Conspirator No. 4, in Twitter Direct Messages, "@SWAutistic knows a thing or 2 on
naughty stuff! !hint: look at his name!!" Unindicted Co-Conspirator No. 3 also told
Unindicted Co-Conspirator No. 4 that defendant charged $10 to conduct a swat.
On or about December 17, 2017, in Twitter Direct Messages with Unindicted Co-
Conspirator No. 3, defendant agreed to swat Victim P.E.
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On or about December 17, 2017, Unindicted Co-Conspirator No. 3 sought, for his
own amusement, to record Victim P.E.'s reaction to the swat on a multi-party voice-over-
intemet communication.
On or about December 17, 2017, defendant, with the purpose of issuing a threat and
with knowledge that the communication would be viewed as a threat, called the
Indianapolis Metropolitan Police Department in Indianapolis, Indiana, and falsely reported,
knowing the information to be false, that he had shot his father at what defendant believed
to be Victim P.E.' s home address on Caval Cade Court in Avon, Indiana.
On or after December 17, 2017, Unindicted Co-Conspirator No. 4 told defendant,
in Twitter Direct Messages, in substance and effect, that he had paid defendant to swat
Victim P.E. and that Unindicted Co-Conspirator No. 3 was the "middle man."
On or about December 17, 2017, Unindicted Co-Conspirator No. 4 and defendant
agreed that defendant would swat Victim C.V., and Unindicted Co-Conspirator No. 4
provided defendant with what he believed to be Victim C.V.'s home address on Wittekind
Terrace in Cincinnati, Ohio.
On or about December 17, 2017, using an online payment processor, Unindicted
Co-Conspirator No. 4 sent three payments of $10.00 each to defendant to pay him for
conducting the swats of Victim P.E. and Victim C.V.
On December 18, 2017, by a telephone and other instrument of commerce,
defendant willfully make a threat, and maliciously conveyed false information knowing
the information to be false, to the Hamilton County Sheriffs Office Communications
Center in Hamilton County, Ohio, concerning an alleged attempt being made, or to be
made, to kill, injure, and intimidate an individual and to damage and destroy property by
means of fire and an explosive, specifically, in substance and effect, that he had shot his
father at a residence on Wittekind Terrace in Cincinnati, Ohio, that he was holding his
mother and sister hostage, and that he planned to set the residence on fire.
26