M) or (res-.1111 l) (.?riminnl Complaint Mr'r'nonmn) ANI) Aiwnovnnm?mm United States District Court for the WESTERN Dl STRICT OF OKLAHOMA United States of America v. Case No: M-I7-54gs1?is JERRY DRAKE VARNISLL. CRIMINAL COMPLAINT l. the complainant in this case. state that the following is true to the best of my knowledge and belief. On or about the dates ofAugust l. 20!? to on or about August 12. 2017, in the Western District ot?Oklahoma. the defendantts) violated: Code Section (Minna Description 18 U.S.C. 844(i) Malicious attempted destruction of a building used in and affecting interstate commerce by means of an explosive. This criminal complaint is based on these facts: See attached Af?davit of Special Agent. Eric A. Larsen. Federal Bureau of Investigation. which is incorporated and made a part hereof by reference. Continued on the attached sheet. Immt's signature W. AUG 1 3 20? Special Agent REEDER Federal Bureau of Investigation NN. CLERK U.S. DIST. (30ng DIST. OKLA. BY DEPU I Sworn to before me and signed in my presence. - Date; Aug 13! 2017 Judge '3 signature Edmond, City and State: Oklahoma T. ERWIN, U.S . Magistrate Judge Printed name and title STATE OF OKLAHOMA COUNTY OF OKLAHOMA COUNTY AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMPLAINT I, Eric A. Larsen, Special Agent with the Federal Bureau of Investigation, being duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND 1. I am a Special Agent (SA) with the Federal Bureau of Investigation (FBI), where I investigate violations of federal criminal law. I have been a Special Agent with the FBI since 2008. I am currently assigned to the Joint Terrorism Task Force of the Oklahoma City FBI of?ce. During my career, I have conducted investigations involving violations of federal criminal law relating to, but not limited to, counterterrorism, national security, possession and use of weapons ofmass destruction, and ?rearms-related offenses. 2. I have personally participated in the investigation set forth below. The facts in this Affidavit come from my personal observations, my review of documents related to this investigation, oral and written communications with others who have personal knowledge of the events and circumstances described herein, a review of public source information including information available on the Internet, my training and experience, and information obtained from other agents and witnesses. This Af?davit is intended to show there is suf?cient probable cause for the requested warrant, but does not set forth all of my knowledge about this matter. 3. Based on my training and experience and the facts set forth in this Af?davit, I believe there is probable cause to believe JERRY DRAKE VARNELL, knowingly and intentionally committed the following offense against the United States, to wit: l8 U.S.C. 844(i), malicious attempted destruction of a building used in and affecting interstate commerce by means of an explosive. In support thereof, your Affiant states the following: INVESTIGATION TO DATE 4. On December 21, 2016, an FBI Con?dential Human Source (hereinafter voluntarily provided to the FBI information that Jerry Drake Varnell (VARNELL), date of birth xx/xx/ 1994, SSN was aspiring to bomb the Federal Reserve Building in Washington DC. in a manner similar to the Oklahoma City Bombing.I began cooperating with the government in January 20l7, when he/she was interviewed by law enforcement agents. has a criminal history, and was serving a prison sentence for a probation violation at the time of his/her agreement to cooperate. has not been promised anything in exchange for his/her cooperation; however, monetary compensation has been provided during his/her continued cooperation. Information herein attributed to unless otherwise noted, was obtained by through his/her personal observations, conversations, and exchanges via electronic media, with VARNELL. Information provided by has been reliable and I am unaware of I believe, based on the totality of the investigation, that VARNELL was referencing the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, committed by Timothy McVeigh and Terry Nichols. 2 any false information provided by The information provided by has been corroborated through other investigative techniques including physical surveillance, consensually recorded conversations, administrative subpoenas, and searches of public records. stated he/she met VARNELL prior to December 2016. advised that VARNELL was upset with the government and was seeking retaliation. Additional reporting indicated VARNELL was in possession of ?rearms and desired to develop and arm a small militia group. 5. During an interview with on April 3, 2017, he/she reported that he/she had previously communicated with VARNELL via ?TextLock.?2 provided screenshots of four conversation strings he/she had with VARN ELL. These were messages previously reported by to FBI as referenced in paragraph 4 of this Af?davit. According to as partially corroborated by the screenshots, VARN ELL claimed to have a bunker for when the world (or United States) collapsed. VARNELL was in the process of out?tting the bunker with supplies. VARNELL indicated he was still trying to build his ?team.? VARNELL wrote to ?I'm out for blood. When militias start getting formed I?m going after government of?cials when I have a team.? VARNE LL also discussed the possibility of using explosives as pant of his plan when he wrote, think I'm going to go with what the okc bomber used. Diesel and ammonia. I might have to make a distillery to process some stuff 2 ?TextLock? is an application (app). This app takes a normal text and it. The sender and receiver need to know the proper ?key? for the app to then or decode the message. 6. On April 17, 2017, reported further communications with VARNELL via acebook private messenger, which preserved and provided to law enforcement. During the communication, VARNELL indicated he did not have his ?team? put together yet. VARN ELL claimed people were too complacent and didn?t have ?balls.? During the exchanges, told VARNELL that he/she needed address. VARNELL wrote, sayre, ok, 7. On April 24, 2017, met with VARNELL at his residence, Sayre, Oklahoma.4 reported that he/she had been in contact with VARNELL, who was utilizing cellular target telephone number (T Tl).5 A consensually monitored audio recording was made of the conversation had between and VARNELL during their meeting. According to the property has two main structures. The ?rst is a house where VARN ELL lives with his mother, stepfather, and sister. The second is a new house under construction. 3 The address provided to and the address of the residence that VARNELL is currently living has been previously documented and is redacted in this Af?davit, as it is not relevant for the purpose ofprobable cause to charge VARNELL with the listed crime. 4The address provided by VARNELL in paragraph six is a different address than the address listed in this paragraph and in the remainder of the Af?davit. The address referred to in paragraph six does check to an individual with the last name Varnell. However, I believe, based on the totality of the investigation, that this is an address that VARNELL used to reside and no longer resides. The address referred to in paragraph seven and in the rest of the Af?davit referred to as residence checks to father. and an undercover FBI employee, identi?ed later in this Af?davit as UCE, have been to residence referred to in this paragraph and con?rmed that it is in fact where he is living. is the only telephone number that I am aware of VARNELL utilizing through the course of this investigation. also observed on the property a ?bunker,? which described as a large storage container box buried on three sides. FBI has been able to corroborate the presence of these three structures. VARN ELL indicated to this was a ?multipurpose? bunker with food and supplies. In the new house, VARNELL said he created a hidden room, which will be concealed behind a bookcase. VARNELL claimed he would use this area to hide and grow marijuana. observed one marijuana plant in the room. 8. reported VARNELL continued to use applications (apps) and private acebook messaging as part of his operational security mindset. Prior to April 25, 2017, at the direction of FBI, advised VARNELL that he/she knew of a person with access to large quantities of ammonium nitrate and experience in explosives. On April 25, 2017, VARNELL sent an message via ?TextLock? in reference to ammonium nitrate. VARNELL wrote, ?Well if shits ready to go I?m ready to go. Let me work out some chemistry with the ammonia your dude has.? provided law enforcement with a screen shot of the communication with VARNELL. 9. On May 10, 2017, met with VARNELL at residence in Sayre, OK. VARNELL was accompanied by a female friend, and claimed they had been on a two-day ?dope binge? with weed and meth. VARNELL said it was cool because they got a bunch of stuff accomplished. This meeting was audio recorded. During this meeting, told VARNELL that he/she had access to ammonia and ammonium nitrate through a friend. VARNELL told that he (VARNELL) was only interested in ammonium nitrate due to its nitrogen content, which was more reactive and could be used to make a nitrogen bomb. and VARN ELL discussed 5 the Eccles Federal Reserve Building in Washington DC, and that it had ?ve stories above ground and one story below ground. VARNELL said he was unsure how many of?ces or people the building held. VARNELL and agreed they would discuss it further at a later date. 10. On May 17, 2017, met with VARNELL at residence in Sayre, OK. VARNELL was again accompanied by a female friend. This meeting was audio recorded. On this occasion, VARNELL took to the ?Bunker? where observed furniture and other items. advised law enforcement the bunker had power running to it, and lights on. VARNELL talked about needing 1,000 pounds of ammonium nitrate for a bomb big enough for a five-story building. believed VARNELL was referring to the Eecles Federal Reserve Building in Washington DC VARNELL talked about needing a ?catalyst,? or something to get the best or most powerful explosion. CI-IS- I tried to get VARN ELL to explain if this was a fuel or primary explosive, but VARNELL was vague. VARNELL also stated the device would need to be placed into a van and then parked somewhere. VARN ELL discussed the price of ammonium nitrate, which he (VARNELL) believed he could get in bulk, $150 for 600 lbs. VARNELL believed a van should be rented close to the target site and set with a remote timer. VARNELL said he thought should write a program or an app that would be downloaded on an android phone. The app would allow remote detonation of the device. VARN ELL said he thought and acetone would be needed for the ignition source, and he indicated they would need a bunch of wire, likely copper wire. VARNELL stated he had been thinking about data centers. VARNELL said these would be easy to ?nd as they were all over. 6 VARNELL said these data centers are owned by corporations and hold server farms. VARNELL claimed ifsomeone could ?nd the acebook data farm, they could shut it down for a while. At one point told VARNELL that lie/she was concerned about female friend being present. When pressed the issue, VARNELL stated, ?Get me the fucking ammonium nitrate, that's all I need.? questioned if VARN ELL needs the acetone and the matches. VARN ELL stated, ?yes, lots of matches, possibly thousands of matches.? and VARNELL discussed building the device away from house, but did not discuss where. VARN ELL stated he needed to do some more research, finding something that mixes well with the ammonium nitrate. VARNELL thought there was always something you could do to make a better bang. VARNELL also thought that if they had the ?explosives, like caps,? they could make it work that way. I believe this last statement to be in reference to blasting caps, which is a commercially available high explosive. 1 1. On May 24, 2017, engaged in private message contact with VARNELL via Facebook Messenger utilizing ?TextLock.? Portions of the communication were preserved with screen shots. During this communication, VARNELL indicated he wanted to target BancFirst instead of his original target of the Eccles Federal Reserve Building. asked why VARNELL had selected BancFirst. VARNELL responded, ?Well I don?t wanna kill a bunch ofpeople When questioned as to which BancFirst, VARNELL responded ?Idk.?6 During this communication, CHS- 6 I believe this to be a commonly used acronym in texting or messaging, meaning don?t know.? 1 suggested that ?the professor? might accompany when CH8 -1 would be meeting with VARNELL the following week. arranged to meet with VARNELL the following week to discuss the plan further. 12. On May 31, 2017, Agents met with and FBI Undercover Employee (hereina?er together. made telephone and message contact with VARNELL. VARNELL indicated he was prepared to meet with the ?Professor? the following day. VARNELL wanted to meet and the ?Professor? at a restaurant in Sayre, Oklahoma, to discuss the acquisition of ammonium nitrate and explosives. 13. On June I, 2017, met with VARNELL at residence. This was audio/video recorded. VARNELL was staying in a camper trailer positioned on the southwest section of the property. advised that the trailer had power, water, and used the Wi-Fi from parents? house. VARNELL claimed he once stayed in another house on the same property, but in January 2017, he burned it down for insurance money. Later the same day, and VARN ELL drove to Elk City, Oklahoma so VARNELL could meet the ?Professor.? 14. On June I, 2017, introduced UCE, aka ?Professor,? to VARNELL. This meeting took place at a restaurant in Elk City, Oklahoma, and was audio/video recorded. During this meeting VARNELL admitted to holding ?111% ideology? and 7 FBI Undercover Employee (UCE) would hereinafter be acting as the ?Professor? during future meetings with VARNELL. wanting to start the next revolution.8 VARNELL said he wanted to be a part of something, and was of the same mind with people who wanted to use explosives and make a statement. VARN ELL stated, ?something needs to be done,? but killing a bunch of people was never a good idea. VARNELL referenced the movie iglzt Club when he discussed wanting to take down a government facility or other structures.9 VARNELL stated, ?That?s the kind of shit I want to fucking do, it?s time to do that kind of fucking shit?, although believed VARNELL had not selected a speci?c target yet. VARNELL indicated that he had previously made homemade explosives. UCE told VARNELL that he should stop handling any explosives that he already has so that he does not accidentally detonate any causing himself injury and drawing unwanted attention by others asking questions about the explosives. VARNELL agreed to have the ?Professor? (UCE) obtain the needed explosives in lieu of making it himself. VARNELL claimed he would obtain a false identi?cation card to rent a van or box truck to transport the device. UCE, and VARNELL agreed to meet again, at which point he (VARNELL) would select a target. VARNELL provided UCE with telephone number as a means to contact VARNELL. Since the introduction of UCE to VARNELL on June 1, 2017, 8 According to Wikipedia, ?The Three Percenters (also styled ?3%ers?) is an American ?patriot movement? which pledges resistance against the United States government regarding infringement of the United States Constitution. The name is based on the incorrect belief that the American Revolutionary military was comprised of three percent of the colonial population. The group?s stated primary purpose is to protect constitutional rights . . . 9 The protagonist in Fight Club, Tyler Durden, desires to ?erase debt by destroying buildings (by means of explosives) that contain credit card companies' records.? Id. 9 UCE has had two additional face-to-face meetings with VARNELL, as well as multiple communications via cell phone (VARNELL utilizing text, Facebook messenger, and application ?TextLock.? 15. On June 21, 2017, communicated via Facebook Messenger utilizing ?TextLock? with VARNELL. provided screenshots of these messages. VARNELL stated ?Bank of America data center is vulnerable in texas in Maryland looks pretty weak. It says they do most of their data shit ?I?m thinking we should do a couple buildings at once. Or right a?er another. In the span of a and ?I?d need pictures and shit to get them. And I?m a broke fuck.? believed VARN ELL was in the process of picking his targets for bombing. 16. On June 26, 2017, UCE met with VARNELL face-to-face. UCE asked VARN ELL what he was thinking about potential target locations for the explosive device. VARNELL advised UCE that his most current thought on a target location was an IRS building in Texas. VARNELL stated he had not recently spent a lot time on the computer and, therefore, needed to continue to research targets. VARNELL indicated it was important the federal government be connected to the target location in some manner. 17. On July 13, 2017, UCE met with VARNELL face-to-face to conduct a pre- operational surveillance of potential target locations. The meeting was audio/video recorded. UCE drove them from house to Oklahoma City. During the trip from his trailer to Oklahoma City, VARNELL stated he had water barrels they could use but would prefer to look for some other type of container. VARNELL further stated he believed he might be able to secure a vehicle from a relative. After arriving in Oklahoma 10 City, UCE and VARNELL ?rst traveled to the area of the BancFirst building, located at 101 N. Broadway, Oklahoma City, Oklahoma. At that location, UCE and VARNELL exited the vehicle and proceeded on foot around the block which houses the BancFirst building. VARNELL noted a potential location for the device in an alley adjacent to the BancFirst building. VARNELL emphasized they needed a way to get his message out to ensure that no other group, such as 1818'", was able to take credit for the attack. VARNELL was asked if he was sure he wanted to conduct this attack, and he responded in the af?rmative. VARNELL stated he did not believe UCE understood the depth of hatred for the government. 18. On July 19, 2017, met with VARNELL at his trailer. This meeting was audio/video recorded. VARNELL had expressed wanting to send a Facebook message about his plan. inquired about what information VARNELL wanted in his Facebook message. VARNELL suggested sending a message similar to advertisements people receive on their time1ines.' requested VARNELL send him the message once he developed it. VARNELL wanted the message to be in reference to '0 ISIS is known to release public statements taking credit for terroristic attacks globally. Facebook Timeline ?is where [a user] can see [their] posts or posts [they] have been tagged in displayed by date. [The user?s] Timeline is part of [the user?s] pro?le. user] can post to [their] Timeline either from the top oftheir Timeline or from News Feed.? How do [post to my imeline?, 16376402147. ?News Feed is the constantly updating list of stories in the middle of [the user?s] home page. News Feed includes status updates, photos, videos, links, app activity and likes from people, Pages and groups that [the user] follow[s] on Facebook.? How New Feed Works, ll ?freedom?. VARNELL stated he lived on his parent?s property for free, and just helped out on the ranch and on the new house. VARNELL had access to the parents? house when they were not home and allowed to use the bathroom in the parents? house on this occasion. VARNELL also advised he had not been able to get a truck for the bombing yet. 19. During contact with VARNELL, he/she has repeatedly questioned VARNELL regarding his intention and willingness to proceed with a bombing. The following are specific exchanges between UCE and VARNELL: a. On June 1, 2017, UCE questioned desire to conduct a bombing, and VARNELL affirmed those intentions. b. On June 26, 2017, UCE questioned desire to conduct attacks on two separate locations. VARNELL expressed that this was part of the idea to do something that made an impact. VARNELL mentioned conducting a second attack three to four hours after the initial attack. c. On July 13, 2017, UCE advised it was plan, and UCE would assist him as necessary. UCE advised VARNELL that if he was not interested in proceeding, UCE would cease with no hard feelings. VARNELL agreed to proceed with the planning. 20. During contact with VARNELL, UCE has repeatedly indicated a bombing would likely result in the loss of life, even if unintentional. The following are specific exchanges between UCE and VARNELL: a. On June 1, 2017, UCE advised people would likely be killed. VARNELL agreed it was a possibility. 12 b. 21. ?TextLock? On June 26, 2017, UCE advised VARNELL of the possibility ofkilling one or more people located within the target location. VARNELL acknowledged this possibility and stated, got to break a couple of eggs to make an that?s why people don?t do this shit because, you know, you got to be able to overcome that little reality VARNELL commented he wanted to do something that would, ?somehow cripple the government. Something that sends a message that says, ?You are a target.? On July 6, 2017, during a text conversation VARNELL indicated he wanted to conduct the attack a?er closing hours to prevent casualties. UCE acknowledged the idea, but reminded VARN ELL there was still a chance. VARNELL stated, ?I?m down for whatever. Safety is number On July 13, 2017, UCE discussed with VARNELL the potential for employees or cleaning staff to be in the BancFirst building during the bombing, and they could be killed or injured in an explosion. VARNELL acknowledged he understood the risks. On August 9, 2017, communicated via Facebook Messenger utilizing with VARNELL. provided screenshots of these messages. VARNELL sent the following message to be posted on Faeebook once the bombing was completed: ?What happened in Oklahoma city was not an attack on America, ?2 Based on conversations with VARNELL, as well as knowledge of the investigation, UCE believes comment that ?safety is number one? is a reference to own safety, and not that of potential victims. l3 it was retaliation. Retaliation against the freedoms that have been taken away from the American people. It was a wake up call to both the government and the people. An act I done to show the government what the people thinks of its actions. It is also a call to arms, to Show people that there are still lighters among the American people. The time for revolution is now.? This message was sent by VARNELL to for to post to Facebook after the bombing in a manner that would not trace back to anyone involved and for the purpose referenced in paragraph 17 of this Af?davit. 22. On August II, 2017, UCE met with VARNELL face-to-face to conduct the building of a Vehicle Borne Improvised Explosive Device (VBIED), pre-operational surveillance of the target location, and the ?nal delivery of the VBIED to the target location, BancFirst located at 10] N. Broadway, Oklahoma City, OK. The meeting was audio/video recorded. UCE met with VARNELL at his residence in Sayre, OK, and drove them from the residence to a mini-storage unit in El Reno, Oklahoma. At approximately 6:30 pm, VARNELL actively participated in building what he believed to be a 1,000- pound VBIED constructed of ammonium nitrate/fuel oil (ANFO), detonating cord, cast boosters, dynamite, and blasting caps. All of these items were inert and were provided to VARNELL by UCE. The VBIED was loaded into what VARNELL believed to be a stolen cargo van. At approximately 9:17 pm, VARNELL and UCE conducted a ?nal rehearsal of the route to the target location. Once completed, VARNELL and UCE returned to El Reno. At approximately 12:05 am on August 12, 2017, VARNELL alone, and believing himself in possession of a VBIED, drove the cargo van, which he believed to be stolen, containing the VBIED from El Reno, Oklahoma to Oklahoma City, Oklahoma, through 14 the streets of downtown Oklahoma City, toward his planned target location. At approximately 12:40 am, VARNELL entered the alley/loading dock adjacent to the BancFirst building located at 101 N. Broadway and parked the vehicle. While in route, VARNELL had armed the device?s time and power unit (TPU) by inserting the TPU key. Once stopped, VARNELL ensured the attached cell phone was powered on, and ensured the power wires to the TPU were securely fastened. VARNELL then exited the vehicle, and left the area on foot. VARNELL walked to where FBI UCE was parked and got into the vehicle. FBI UCE drove several miles away so VARNELL could remotely detonate the VBIED via cell phone. VARNELL did not want to use his own cellular telephone to detonate the device for fear that it would be traced back to him. VARNELL was aware that FBI UCE had a ?burner phone? and stated that he was willing to dial the number from the ?burner phone.? VARNELL then dialed the cell phone number, which he believed would detonate the VBIED parked near his selected target. The phone number VARNELL dialed rang to a phone in possession of law enforcement. When VARNELL did not witness a detonation of the VBIED, he dialed the number at least two more times. VARNELL was placed under arrest at approximately 12:54 am by agents of the FBI, Joint Terrorism Task Force, and other assisting law enforcement of?cers. 15 23. Based on the aforementioned information, I believe there is probable cause to believe that Jerry Drake Varnell committed the crime ofmalicious attempted destruction of a building used in and affecting interstate commerce by means of an explosive, in violation of 8 U.S.C. 844(i). It is therefore requested that an arrest warrant issue for the offense listed above. FURTHER YOUR AFFIANT SAYETH NOT. ?g Eric Marsen Agent, FBI Oklahoma City Sworn to before me this 13th day of 2017 am a. SHON T. ERWIN UNITED STATES MAGISTRATE JUDGE 16