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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
TERRY LYNN NICHOLS
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
See attached Affidavit of Special Agent Henry C. Gibbons, Federal
Bureau of Investigation, which is incorporated and made a part hereof
Continued on the attached sheet and made a part hereof: XX Yes No
/s/Henry C. Gibbons
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
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
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,
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
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
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
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
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
f. He had a fuel meter in his garage which he said he had purchased
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,
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
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
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,
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
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
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
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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