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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,
Plaintiff,
v.
TERRY LYNN NICHOLS
Defendant.

CASE NUMBER: M-95-105-H

I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief. On or about April 19, 1995, in Oklahoma City, Oklahoma County, in the Western District of Oklahoma, defendant(s) did, maliciously damage and destroy by means of fire and an explosive, a building, vehicle, and other personal real property in whole or in part owned, possessed, and used by the United States, and departments and agencies thereof, in violation of Title 18, United States Code, Section(s) 844(f) and 2.

I further state that I am a(n) Special Agent of the Federal Bureau of Investigation and that this complaint is based on the following facts:

See attached Affidavit of Special Agent Henry C. Gibbons, Federal Bureau of Investigation, which is incorporated and made a part hereof by reference.

Continued on the attached sheet and made a part hereof: XX Yes No

/s/Henry C. Gibbons Special Agent Federal Bureau of Investigation

Sworn to before me and subscribed in my presence, on this 9th day of May, 1995, at Oklahoma City. Oklahoma.

/s/Ronald L. Howland
UNITED STATES MAGISTRATE JUDGE

STATE OF OKLAHOMA
COUNTY OF OKLAHOMA

AFFIDAVIT
I, Henry C. Gibbons, being duly sworn, do hereby state as follows:

1. I am a Special Agent (SA) of the Federal Bureau of Investigation, have been so employed for approximately 26 years, and as such am vested with the authority to investigate violations of Title 18, United States Code, Section 844(f). I am presently assigned to the Oklahoma City Field Office, Oklahoma City, Oklahoma, and have been working on the investigation of the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. This Affidavit is submitted in support of a criminal complaint against Terry Lynn Nichols. The following information was received by the Federal Bureau of Investigation during the period April 19, 1395, to May 9, 1995:

2. On April 19, 1995, a massive explosive device was detonated outside the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, at approximately 9:00 a.m., causing numerous deaths and injuries, and extensive damage.

3. Investigation by Federal agents at the scene of the explosion has determined that the explosive was contained in a truck owned by Ryder Rental Company.

a. A partial vehicle identification number (VIN) was found at the scene of the explosion and determined to be from a part of the truck that contained the explosive.

b. The VIN, which was reconstructed, was traced to a truck owned by Ryder Rentals of Miami, Florida.

c. Ryder Rentals informed the FBI that the truck was assigned to a rental company known as Elliott's Body Shop, a Ryder truck rental establishment in Junction City, Kansas.

4. An employee at Elliott's Body Shop has advised the FBI that two persons rented the truck on April 17, 1995. The rental agreement contained the following information:

a. The person who signed the rental agreement identified himself as Bob Kling, Social Security No. 962-42-9694, South Dakota driver's license number YF942A6, and provided a home address of 428 Maple Drive, Omaha, Nebraska. The destination was reflected as Omaha, Nebraska.

b. Subsequent investigation conducted by the FBI determined the information to be false.

5. An employee of Elliott's Body Shop in Junction City, Kansas, identified Timothy McVeigh from a photographic array as the person who rented the Ryder truck on April 17, 1995, and signed the rental agreement.

6. The Alfred P. Murrah Federal Building is used by various agencies of the United States, including the Agriculture Department, Department of the Army, the Defense Department, Federal Highway Administration, General Accounting Office, General Services Administration, Social Security Administration, Housing and Urban Development, Drug Enforcement Administration, Labor Department, Marine Corps, Small Business Administration, Transportation Department, United States Secret Service, Bureau of Alcohol, Tobacco, and Firearms and Veterans Administration.

7. The detonation of the explosives in front of the Federal Building constitutes a violation of 18 U.S.C. 5844(f), which makes it a crime to maliciously damage or destroy by means of an explo-sive any building or real property, in whole or in part owned, possessed or used by the United States, or any department or agency thereof.

8. On April 21, 1995, a federal criminal complaint was filed charging Timothy James McVeigh with a violation of Title 18, United States Code, Section 844(f), based on his involvement in the bombing of the Alfred P. Murrah Federal building on April 19, 1995.

9. On April 21, 1995, investigators learned that at approximately 10:20 a.m., on April 19, 1995, Timothy James McVeigh was arrested in Noble County, Oklahoma, on traffic and weapon offenses, and was thereafter incarcerated on those charges in Perry, Oklahoma. McVeigh's arrest occurred approximately 60-70 miles north of Oklahoma City, Oklahoma, approximately one hour and 20 minutes after the April 19, 1995, explosion that damaged the Alfred P. Murrah Federal Building. When booked into jail following that arrest, McVeigh listed 3616 North Van Dyke Road, Decker, Michigan, as his address and James Nichols of Decker, Michigan, as a reference. The property at 3616 N. Van Dyke Road, Decker, Michigan is owned by the Nichols family. James Nichols is the brother of Terry Nichols.

10. On April 27, 1995, a preliminary hearing was held on the federal criminal complaint against McVeigh, evidence was presented, and the federal magistrate Judge found that there was probable cause to believe that an offense had been committed and that McVeigh committed it.

11. Supervisory Special Agent (SSA) James T. Thurman, Chief, Explosives Unit - Bomb Data Center, FBI Laboratory, Washington, D.C., has advised as follows:

a. The bomb which detonated in front of the Murrah Federal Building on April 19, 1995, contained a high explosive main charge initiated by methods as yet unknown;

b. An explosive device of the magnitude which exploded in Oklahoma City on April 19, 1995, would have been constructed over a period of time utilizing a large quantity of bomb paraphernalia and materials, which may have included, among other things, fertilizer, fuel oil, boosters, detonators (blasting caps), detonation cord, fusing systems, and containers;

c. The construction of the explosive device that caused the damage to the Alfred P. Murrah Federal building would necessarily have involved the efforts of more than one person.

12. On April 21, 1995, at approximately 3:00 p.m., after hearing his name on the radio in connection with the Oklahoma City bombing, Terry Nichols voluntarily surrendered to the Department of Public Safety in Herington, Kansas. Herington authorities took no action and awaited the arrival of the FBI. Thereafter, a Special Agent of the FBI arrived and advised Nichols of his Miranda rights, which Nichols agreed to waive.

13. Terry Nichols was subsequently interviewed and provided the following information:

a. He first met McVeigh at U. S. Army Basic Training in 1988 in Georgia. He later served with McVeigh at Fort Riley, Kansas. Over the years they have occasionally lived together, operated a business together involving the sale of army surplus items and firearms at gun shows throughout the United States, and otherwise stayed in close contact.

b. Nichols was with McVeigh in downtown Oklahoma City, Oklahoma, on April 16, 1995.

c. On Tuesday, April 199, 1995, McVeigh and Nichols met in Junction City, Kansas, where Nichols said he loaned his dark blue 1984 GMC half-ton diesel pickup to McVeigh. Nichols said McVeigh had the vehicle for approximately 5 hours while Nichols attended an auction.

d. On Tuesday, April 18, 1995, McVeigh told Nichols he had items in a storage unit in Herington, Kansas, and that if McVeigh did not pick them up, Nichols should do it for him. On April 20, 1995, Nichols did pick up items, including a rifle, from the storage unit. Nichols described the location of the storage unit, which is further identified in paragraph 18.

e. Nichols knows how to make a bomb by blending ammonium nitrate with diesel fuel which could be detonated by blasting caps. Nichols also stated that he had ammonium nitrate at his residence until Friday, April 21, 1995, at which time he placed it on his yard as fertilizer. Nichols said that he did this after reading in several different newspapers that ammonium nitrate was used in the Oklahoma City bombing.

f. He had a fuel meter in his garage which he said he had purchased for resale.

g. Nichols stated several times that if they searched his residence, he hoped that agents "would not mistake household items" for bomb- producing materials. In particular, Nichols told agents that he had several containers of ground ammonium nitrate which he said he sells as plant food fertilizer at gun shows.

h. Nichols said he possessed numerous weapons scattered throughout his house and detached garage.

i. Nichols also stated that he has in the past rented storage facilities in Kansas and Nevada.

j. Nichols denied involvement in or knowledge of the bombing.

14 . While Terry Nichols was being interviewed, he gave consent for agents to search his residence, 109 South Second Street, Herington, Kansas, and his pickup truck, VIN # 2GTEC14C9E1511984, described as a dark blue 1984 GMC Sierra Classic with a white topper, or camper shell. A search warrant was obtained and executed on Terry Nichols' residence in Herington, Kansas, on April 22, 1995. During that search, agents seized the following items:

a. Five 60-foot #8 primadet cords with non-electric blasting caps. According to FBI bomb experts, such cord can be used to initiate the explosion of a fertilizer-fuel oil bomb.

b. Four white barrels with blue lids made from material resembling the blue plastic fragments found at the bomb scene in Oklahoma City, Oklahoma.

c. One fuel meter (referred to in paragraph 13(f). According to information provided by ATF bomb experts, such a device could be used to obtain the proper volume of diesel fuel to ammonium nitrate for a bomb.

d. One receipt from Mid-Kansas Cooperative Association, McPherson, Kansas, for 40 fifty-pound bags of 34-0-0 ammonium nitrate fertilizer.

e. Five gas cans of various sizes.

f. Several containers of ground ammonium nitrate. According to FBI bomb experts, this substance can be used as one ingredient of a booster for a fertilizer-fuel oil bomb.

15. On September 30, 1994, forty (40) fifty-pound bags of 34-0-0 ammonium nitrate fertilizer were purchased from Mid-Kansas Cooperative Association in McPherson, Kansas, by a "Mike Havens." A receipt for that purchase, referred to in paragraph 14 (d), was found at the residence of Terry Nichols. The FBI has identified a fingerprint on the receipt, as belonging to Timothy McVeigh.

16. On October 18, 1994, forty (40) additional fifty-pound bags of 34-0-0 ammonium nitrate fertilizer were purchased from Mid-Kansas Cooperative Association, McPherson, Kansas, by a "Mike Havens," who was driving a dark-colored pickup with a light-colored camper shell.

17. SSA Wallace Higgins, FBI Laboratory Explosives Unit, advises that 34-0-0 ammonium nitrate, fuel oil and #8 primadet cords can be used in the manufacture of a fertilizer-fuel oil bomb.

18. On September 22, 1994, a storage unit, identified as unit #2, was rented at Herington, Kansas, in the name Shawn Rivers. Unit #2 was rented approximately one week prior to the purchase of the ammonium nitrate fertilizer described in paragraph 15. This is the same storage unit described in paragraph 13 (d).

19. On October 17, 1994, a storage unit identified as Unit #40, was rented at Council Grove, Kansas, in the name Joe Kyle. Unit #40 was rented one day prior to the purchase of the ammonium nitrate fertilizer described in paragraph 16. The FBI has obtained from Terry Nichols' home a document with the location of this storage unit and the name Joe Kyle.

20. On November 7, 1994, an additional storage unit, identified as unit #37, was rented at Council Grove, Kansas, in the name Ted Parker. The FBI has obtained from Terry Nichols' home a document with the location of this storage unit and the name Ted Parker.

21. The FBI has obtained a letter from Terry Nichols to Tim McVeigh, dated on or about November 22, 1994, the day Nichols left the United States for a visit to the Philippines. In the letter, Terry Nichols tells Timothy McVeigh that he will be getting this letter only in the event of Nichols' death. Nichols instructs McVeigh to "clear everything out of CG 37" and to "also liquidate 40." Terry Nichols also tells McVeigh he is on his own and to "Go for it!!"

22. Further investigation has revealed that "CG 37" refers to the Council Grove storage unit #37, rented by Terry Nichols on November 7, 1994, and that "Liquidate 40" refers to the Council Grove storage unit #40 rented by Terry Nichols on October 17, 1994.

23. On April 15, 1995, Terry Nichols purchased diesel fuel from a Conoco service station in Manhattan, Kansas.

24. On April 16, 1995, Terry Nichols purchased an additional 21.59 gallons of diesel fuel from a Conoco service station in Junction City, Kansas.

25. On April 17, 1995, a call was placed from Room 25 at the Dreamland Hotel to the residence of Terry Nichols in Herington, Kansas. Timothy McVeigh stayed at the Dreamland Hotel, in Room 25, from April 14, 1995, through April 18, 1995.

26. During the evening of April 17, 1995, a Ryder truck was seen parked behind the residence of Terry Nichols, 109 South 2nd Street, Herington, Kansas.

27. On April 17 or 18, 1995, an older model pickup with camper shell was seen backed up to the second garage door on the east end of the storage shed in Herington. This unit is #2. This is the storage unit which was previously discussed in paragraph 18. 28. During the week of April 17th, a Ryder truck was seen backed up to the east end of the storage shed in Herington near storage unit #2. This is the storage unit which was previously discussed in paragraph 18.

29. On the morning of April 18, 1995, a witness at the Geary State Fishing Lake, approximately six miles south of Junction City, Kansas, observed a yellow Ryder truck parked next to a pickup truck for several hours. Both vehicles were parked in an area which was not paved. The witness described the pickup truck as a dark blue or brown 1980-1987 Chevrolet or GMC truck and recalled that there was something white, possibly a camper shell, on the back of the pickup truck.

30, On April 28, 1995, the witness accompanied an FBI agent to Geary State Fishing Lake and took him to the area where the two vehicles had been parked. In that area, the agent observed a circular area of brown vegetation surrounded by green vegetation. Upon inspecting the area of brown vegetation, he noticed an oily substance and detected the distinct odor of diesel fuel.

Further your affiant sayeth not.

/s/HENRY C. GIBBONS
Special Agent
Federal Bureau of Investigation

Subscribed and sworn to before me this 9th day of May, 1995.

/S/RONALD L. HOWLAND
UNITED STATES MAGISTRATE JUDGE

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