STATE OF NEW YORK YOUTH PART OF THE SUPERIOR COURT COUNTY OF MONROE ----------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK FYC-7003-19/001 CR# 19-003418 Indct. # 0099/19 NOTICE OF ::tJ; / MOTION · -against- Defendant. ----------------------------------------x PLEASE TAKE NOTICE that upon the annexed Affirmation of Daniel E. Strollo, the exhibits thereto, and upon all other papers and proceedings heretofore had herein, the People will move this Court, situate at the Hall of. Justice, 99 Exchange Boulevard, Rochester, New York on February 15, 2019 at 4:00 in the afternoon thereof, or as soon thereafter as counsel may be heard, for an Order pursuant to CPL § 722.23(1), et seq. preventing removal of this action to Family Court. PLEASE TAKE FURTHER NOTICE that, pursuant to CPL§ 722.23(1)(b), the People request a hearing upon the within motion. Dated: Rochester, New York February 15, 2019 SANDRA DOORLEY, ESQ. District Attorney of Monroe County --·-----7 RECEIVED FEB 1 5 2019 By: MONROE SUPREME & COUNTY COlWTS · STATE OF NEW'iC1!+ TO: Christopher K. _Rodeman, Esq. Attorney for the Defendant 1081 Long Pond Road, Suite 200 Rochester, New York 14626-5002 DANIEL . STROLLO, ESQ. Senior Assistant District Attorney " STATE OF NEW YORK YOUTH PART OF THE SUPERIOR COURT COUNTY OF MONROE ----------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK FYC-7003-19/001 CR# 19-003418 Indct. # 0099/19 AFFIRMATION -against- D_efendant. --------- ---------------- -------------X DANIEL E. STROLLO her,eby affirms the following to be true under the pains and penalties of perjury pursuant to CPLR § 2106: 1. I am a Senior Assistant District Attorney in and for the County of Monroe, State of New York. In that capacity, I am responsible for prosecuting the above - captioned action. I am fully familiar with the facts and circumstances set forth herein. 2. Unless otherwise explicitly stated, the factual allegations set forth in this Affirmation are based upon information and belief, the source of that information and basis for that belief consists of my discussions with knowledgeable parties; the papers filed in connection with this matter; police reports; and any other reports and papers contained in the file of the Monroe County District Attorney's Office. 3. I submit this Affirmation in support of the People's Motion to prevent removal of this action to Family Court, pursuant to CPL§ 722.23(1). PROCEDURAL BACKGROUND 4. (hereinafter the "Defendant") was originally charged by Felony Complaint with three counts of Criminal Possession of a Weapon in the First Degree, PL § 265.04(1); and Conspiracy in the Fourth Degree, PL § 105.10(1). The Felony Complaints are collectively annexed hereto and made part hereof as "Exhibit A." 1 5. The Defendant is an "Adolescent Offender" because he was sixteen years old when he committed the crimes for which he was charged, and because those crimes are felonies. CPL § 1.20(44). The top count, Criminal Possession of a Weapon in the First Degree, PL§ 265.04(1), is a violent felony offense. PL§ 70.02(1)(b). As such, subsequent to his arraignment in the Youth Part, a "6 - day review" was held, and the Court determined that this action shall proceed in accordance with CPL§ 722.23(1) because the parameters of CPL § 722.23(2)(c) are not met by the facts of this case. 6. Subsequent to the last court appearance in this matter, the Grand Jury of the County of Monroe returned an Indictment against the Defendant, charging him and his coconspirators with the following six felony offenses: Criminal Possession of a Weapon in the First Degree as a Crime of Terrorism (two counts), PL§§ 264.04(1), 490.25(1); Attempted Criminal Possession of a Weapon in the First Degree as a Crime of Terrorism, PL §§ 110.00, 264.04(1), 490.25(1); Conspiracy in the Second Degree as a Crime of Terrorism, PL §§ 105.15, 490.25(1); Conspiracy in the Fourth Degree as a Crime of Terrorism, PL §§ 105.10(1), 490.25(1); and Conspiracy in the Fourth Degree, PL§ 105.10(1). A true copy of the Indictment is annexed hereto and made part hereof as "Exhibit B." 7. The People have reviewed the evidence in this case, considered the Defendant's condu~t, and considered the Defendant's history, character, and condition. As a result of that review, the People respectfully submit that extraordinary circumstances exist that should prevent the transfer of this action to Family Court, and move this Court according! y. THE DEFENDANT'S CRIMINAL ACTS 8. Between September 13, 2018 and January 18, 2019, the Defendant and his acquaintances Vincent Vetromile, Brian Colaneri, and. Andrew Crysel (individually or 2 ,, collectively referred to as the Defendant's "co-conspirators") communicated through various methods, including a service known as "Discord." Discord is an end-to-end messaging application frequently used by video game enthusiasts. When using Discord, the Defendant and his co-conspirators communicated principally, if not exclusively, on two channels entitled "#militia-soldiers-wanted," and "#leaders-only." 9. " Using Discord, the Defendant and his co-conspirators discussed their views of domestic events and policy. One theme resonates through these discussions: the Defendant and his co-conspirators desired and intended to attack civilian members of a community known as "Islamberg," because the Defendant and his co-conspirators believed that as practitioners of the Islamic faith, the members of this community were automatically terrorists. To this end, the Defendant and his co-conspirators discussed the objectives of such an attack, the manner in which that attack would be carried out, the weapons that would be used in that attack, and other similarly disturbing subjects. Further, the Defendant and his co-conspirators discussed logistical challenges that they would need to overcome, how they would finance their attack, and even went so far as to discuss scheduling their attack. Their collective intention was clear: kill as many members of the "Islamberg" community as possible. 10. The Defendant and his co-conspirators' actions were not limited to idle talk. As is set forth in the Indictment, these individuals actually acquired and possessed explosive materials including black powder, sketches of bombs, ammunition, loaded magazines, and twenty two (22) guns of various calibers. 11. In approximately November of 2018, the Defendant had a friend (hereinafter referred to as "T.A.") over to his house on Milford Street. During this visit, the Defendant showed T.A. a "prototype bomb" and explained that it did not contain any black powder. 3 Shortly thereafter, the Defendant showed T.A. a container of black powder. According to T.A., the Defendant explained that Vincent Vetromile asked him to manufacture this device. T.A.'s Supporting Deposition is annexed hereto and made part hereof as "Exhibit C." 12. On January 18, 2019, members of Law Enforcement executed a search warrant at the Defendant's residence, 58 Milford Street, Greece, New York. Their findings were stunning. Three items appearing to be bombs were recovered inside the Defendant's residence. Subsequently, these three devices were analyzed by the Federal Bureau of Investigation ("F.B.I.") Laboratory Division in Quantico, Virginia. The results of the F.B.I.'s analysis are set forth in a February 7, 2019 Laboratory Report, a redacted copy of which is annexed hereto and made part hereof as "Exhibit D." 13. The F.B.I. Report indicates that two of the devices are Improvised Explosive Devices, and one is a partially assembled Improvised Explosive Device. The results of the examination set forth in the F.B.I. Report are as follows: "[two] of the submitted IEDs (Item 1 and Item 3) are complete IEDs with an explosive main charge, non-electric fuzing system, and confinement container." See: Exhibit D at Page 2. The report further indicates that "[one] of the submitted IEDs (Item 2) has residual explosive material in the main charge container, a non-electric fuzing system and a confinement container." Id. 14. The F.B.I. Report provides insight into the deadly nature of each of these three weapons: "properly assembled and initiated, these types of devices are capable of causing property damage, personal injury, and/or death." [emphasis added] Id. The Report goes on to state that "[each] of these IEDs incorporates a confinement container. The purpose of a confinement container is to hold the low explosive main charge and to temporarily contain the gases produced from the deflagration of the low explosive. An explosion of the container occurs as the container is overcome by the amount of pressure 4 generated from the reaction. The resulting explosion of these containers would have resulted in container fragments being propelled outward at high velocities." [emphasis added] See: Exhibit D at Page 3. EXTRAORDINARY CIRCUMSTANCES 15. If ever there were a case where extraordinary circumstances exist, surely this is it. The facts of this case and the applicable law all but command this Court to enter an order preventing removal of this action to Family Court. 16. The Raise the Age legislation brought about in the State's 2017 Budget only recently went into effect. As a result, at present, there are only three reported decisions addressing the extraordinary circumstances analysis mandated by CPL Article 722. Yet, even the most lenient interpretations of this new law support People's position in the instant case. In December of 2018, the Honorable Joan S. Kohout (this Court's predecessor in the Youth Part) decided the matter of People v. D.L., 2018 N.Y. Slip Op. 28419 (Family Ct. Monroe Co. 2018). In D.L., the Court assessed the facts of the case, looking for "highly unusual or heinous facts" and ultimately characterized the defendant's acts as being "the type of impulsive act done without thought of consequences." Id. 17. Here, the Defendant's acts and intentions are unquestionably heinous; the Defendant conspired to injure, maim, and kill as many members of "Islamberg" as possible - solely because of their religious beliefs. Such conduct offends the bedrock principles underpinning our nation, and constitutes a unique breed of evil. 18. This case in its totality is indeed highly unusual; even in adult cases, it is exceptionally rare for individuals to conspire to commit acts of domestic terrorism. Indeed, this case marks the first (and hopefully the last) time an individual has been indicted for a Crime of Terrorism under PL Article 490 in Monroe County. 5 (' 19. The Defendant's conduct is hardly impulsive. The Defendant constructed two fully functional explosive devices (and one almost functional explosive device). Rare is the defendant who is capable of even designing what this Defendant successfully constructed. Even standing alone, the very act of building a bomb takes research, planning, skill, and decisive criminal intent. One must learn how to construct an explosive device, acquire the necessary materials, and then assemble the constituent parts - a multi-step time consuming process. Among the items observed and recovered at the Defendant's residence were sketches of bombs, further reflecting the Defendant's thoughtfulness and planning. The Defendant's bomb manufacturing, however, does not stand alone. Rather, it must be viewed in the context of the conspiracy's plan to kill the Muslim inhabitants of Islamberg. The Defendant and his co-conspirators discussed the particulars of their attack on Islamberg over a period spanning several months. The conspiracy involved thoughtful planning during this time period, and a discussion of potential logistical, tactical, and financial obstacles that the conspirators would need to grapple with. Every act taken in furtherance of the conspiracy evinces decisive and thoughtful contemplation and planning - no part of it could be characterized as impulsive. 20. The Defendant will inevitably argue that his conduct was childish, immature, or otherwise the result of youthful indiscretion. No reasonable view of this case agrees with that conclusion. This is not a case of a young man playing with firecrackers in his back yard; this is not the case of a young man who merely sketched a bomb; and this is not the case of a young man espousing hateful beliefs. In reality, the only thing that stood between the Defendant's creations and mass casualty was a lit fuse. 6 CONCLUSION 21. The acts described above are not those of a wayward child in need of counseling, therapy, or mentoring - they are the acts of a domestic terrorist who deserves to be prosecuted as such. The manner in which the Defendant committed his crimes compels a conclusion that he did not act on youthful impulse - rather, he acted with decisive criminal intent. The Court cannot allow this case to be transferred to Family Court. The People prevail upon this Court to enter an order preventing such a transfer. Justice can tolerate no ·other result. READINESS 22. The People are ready for trial in this matter. People v. Kendzia, 64 N.Y.2d 331 (1985). WHEREFORE, the People pray that this Court enter an order finding the existence of extraordinary circumstances that shall prevent the removal of this action to Family Court. Dated: Rochester, New York February 15, 2019 7 ExhibitA I' Town of Greece County of Monroe , State of New York FELONY COMPLAINT The People of tile State of New York against Criminal Possession of a Weapon 1st Degree New York State Penal Law 08/22/02 DOB Defendant THAT Sergeant Brandon White Section 265.04 Sub_1_ Class B Felony Of Greece Police Department By this FELONY COMPLAINT, makes written accusation as follows: Of 58 Milford Street, Greece, NY THAT did, at or about 11:00 0 -------- AM [gj PM Date: January 18th, 2019 at: 58 Milford Street , Town of Greece, New York did commit the offense of Crimi11al Pos!iessi(}n ofa Wenpo11 in the 1st Degree, a Class B Felony, in violation of Section 265.04 Sub, _ 1 _ofthe New York State Penal Law. COUNT ONE: The facts upon which this FELONY COMPLAINT is based are as follows: On or about the above date and time, at the above location, the aforesaid defendant did: !.81 Sub I: possess any explosive substance with the intent to use same unlawfully against the person or property of another, and/or D Sub 2: possess ten or more fircanns · Additional facts in this case are as follows: Defendant did, while acting alone or in concert with another or others, possess any explosive substance, to wit: an Improvised explosive device in the shape of a mason jar wrapped in duct tape, with intent to use the same unlawfully against the person or property of another, to wit: The persons and property of the Hamlet of Jslamberg, County of Delaware, State of New York ALL CONTRARY TO THE PROVISIONS OF THE STATUTE IN SUCH CASE MADE AND PROVIDED. WHEREFORE, the Deponent requests that the Defendant be dealt with in accordance with law. Any applicable depositions and/or certified records are attached hereto and made part of this Felony Complaint I 'ERIFJC-1 TION 8)' SVBSCRIPTION & NOTICE. Nl'S PENAL LAW SECTION 210,45 it Ir n C/nss A Misdemeanor urrder the laws oftheSfnt~ ofNew fork, for a p1mu111, /11 011d hJ' a i.•rintt11 i1wr11111e1I/, (// l.:1111wi11g{I' mnke a false stn1eme11t, or to make II s1oten11mt wf1icl1 such pers(111 Jol!l not beliw~ lo be trut. CR# 19003418 -------ARRAIGNMENT DATE: -------- AFFffiMED UNDER PENAL1Y OF PERJURY THJS: Please take noUce that the People Intend to offer at the trial of the defendant(s): f&J Evidence of a statement by the defendant made to a public servant: [!J oral Time: 3; 3Opm 0 D written (see attached) Date: 0l/18/19 Place: 6 Vince Tofany Blvd. Testimony Identifying the defendant as the person who committed the offense charged, to be given by a witness who has previously Identified the defendant as such. Time: Date: Place: ,. FELONY COMPLAINT Criminal Possession of a Weapon 1st Degree New York State Penal Law The People of the State of New York against 08/22/02 Section 265.04 Sub_1_ Class B Felony DOB Defendant THAT Towri of Greece County of Monroe State of New York Sergeant Brandon White Of Greece Police O~partment By this FELONY COMPLAINT, makes written accusation as follows: . Of 58 Milford Street, Greece, NY THAT did, at or about ~~----~11 :00 0AM l&JPM at: 58 Milford Street Date; January 18th, 2019 .. • Town of Greece, New York did commit the offense of Cri111i11al Posse.'ision ofa Weapo11 in the 1st Degree, n Class B Felony, in violation of Section 265.04 Sub. _ 1 _of the New York Stntc Penal Law. COUNT ONE: The facts upon which this FELONY COMPLAINT is based are as follows: On or about the above date and time, at the above location, the aforesaid defendant did: 181 Sub I: possess any explosive substance with t11e intent to use same unlawfully against the person or prope,ty of another: and/or 0 Sub 2: possess ten or more fireanns Additional facts in this case are as follows: Defendant did, while acting alone or in concert with another or others, possess any explosive substance, to wit: an Improvised explosive device In the shape of a large sized cylinder wrapped in duct tape, with intent to use the same unlawfully against the person or property of another, to wit: The persons and property of the Hamlet of lslamberg, County of Delaware, State of New York ALL CONTRARY TO THE PROVISIONS OF THE STATUTE IN SUCH CASE MADE AND PROVIDED. WHEREFORE, the Deponent requests that the Defendant be dealt with in accordance with law. ~ny applicable depositions and/or certified records are attached hereto and made part of this Felony Complaint VERIFICATION BY SUBSCRIPTION & NOTICE, NYS PENAL L4 W SECTION 2/0AS II Is a Class A Misdememror under tl1e lnu-s of tl1e State ofNffi• York, for 11 perso11, l11 n11~ by n wri11e,1 i11s1rume11I, l11 lmowi11g~1 .make nfalre .rtutenuurt, or 111 make a statem,.mt wl,lcl, sue!, pmon d(ll!S not bcii(flle In be true. CR# 19003418 -------- ARRAJ GNMENT DATE: _ _ _ _ _ __ AFFIRMED UNDER PENALTY OF PERJURY THIS: 19th DAY OF / /,;. i: ; -- ..J Please take notice that the People Intend to offer at the trial of the defendant(s): [8j Evidence of a statement by lhe defendant made to a public servant: 00 oral D O £i a-"d C January , 2018 /1 ,t_.,.,--- I lr DEPONENT . ,-::-;,,1 I written (see attached) Time: 3: 30prn Date:oi/18/19 Place: 6 Vince Tofany Blvd. Testimony identifying the defendant as the person who committed the offense charged, to be given by a witness who has previously ldentifled the defendant as such. Date: Time: Place: State of New York Town of Greece . Coun~ of Monroe FELONY COMPLAINT The People of the State of New York against Criminal Possession of a Weapon 1st Degree New York State Penal Law 08/22/02 Section 265.04 Suh___!_.. DOB Defendant TUA r Sergeant Brandon White Class B Felony Of Greece Police Department By this FELONY COMPLAINT, makes written accusation as follows: THAT Of did. at or about 11:00 -------- 0 AM l&J PM 58 MIiford Street, Greece, NY Date: January 18th, 2019 • at: 58 Milford Street ,Town of Greece, New York did commit the offense 1 _ofthcof Crimi1tal Possession ofa Weapon in the 1st Degree, a Class B Felony, in violation of Section 265,04 Sub. _._ New York State Penal Law. COUNT ONE: The facts upon which this FELONY COMPLAINT is based are as follows: On or about the above date and time, at the above location, the aforesaid defendant did: ~ Sub I: possess any explosive substance with the intent to use same unlawfully against the person or property ofanother. and/or D Sub 2: possess ten or more lireanns Additional facts in this case are as follows: Defendant did, while acting alone or in concert with another or others, possess any explosive substance, to wit: an improvised explosive device fn the shape of a medium sized cylinder wrapped in duct tape, with Intent to use the same unlawfully against the person or property of another, to wit: The persons and property of the Hamlet of lslamberg, County of Delaware, State of New York ALL CONTRARY TO THE PROVISIONS OF THE STATUTE IN SUCH CASE MADE AND PROVIDED. WHEREFORE, the Deponent requests that the Defendant be dealt with in accordance with law. Any applicable depositions and/or certified records are attached hereto and made part of this Felony Complaint VERIFICATION BY SUBSCRIPTION & NOTICE, NYS PENAL LA 111 SECTION 210.45 It lr a Cln.tt A /llls1/emeonQr11ndertlie l11ws oftl,e Smte of NtM Yori;, for II perso11, In a11d h)' n writte11 i11s1run11mt, to kllowbrgl)' make tr/ulse statt:ment, or to make a statement w/Jiclt suc/r perso11 dues 1101 believe tu be rrue.. CR# 19003418 -------- AFFIRMED UNDER PENALTY OF PERJURY THIS: ARRAIGNMENT DATE: _ _ _ _ _ __ 19th DAY OF 2018 January ~ =~ /j/-<~7. ,~ ✓ ~~7 PONENT Please take notice that the People Intend to offer at the trial of the defendant(s}: , Evidence ofa statement by the defendant made to a publlc servant: !!I oral O written (see attached) Thne: 3:30pm Date:01110/l~ Place: 6 Vince Tofany Blvd. [8) • Testimony identifying the defendant as the person who committed the offense charged, to be given by a witness who has previously Identified the defendant as such. Time: Date; Place: Town of Greece County of Monroe State of New York FELONY COMPLAINT Conspiracy in the Fourth Degree New York State Penal Law Section 105.10 Sub 1 Class E Felony The People ofthe State ofNew York against 08/22/02 DOB Defendant or Greece Police Department THAT Sergeant Brandon White By this FELONY COMPLAINT, makes written nccusation as follows: THAT Of • 58 Milford Street, Greece, NY did, at or about --------- 0AM O PM Date: 11/09/18 - 01/18/19 , Town of Greece. New York did commit the offense at: 58 Milford Street of Conspiracy in the Fourth Degree, a Class E Felony, in violation of Section 105.10 Sub _1_ of the New York Stale Penal Law. Count One: · A person is guilty of conspiracy in the fourth degree when, with intent that conduct constituting: 181 t: a class B or C felony be performed, the defendant did agree wiih one or more persons to engage in or cause the 0 0 perfonnance ofsuch conduct; and/or 2: a felony be perfonned. the defendant did, being over cighleen years ofnge, ogrcc with one or more persons under the sixteen years of nge to engage in or cause the perfonnnncc of such conduct, and/or 3: the felony of money laundering in the third degree as defined in section 470.10 of this chapter, be perfonned, the defendant agreed with one or more persons to engage in .or cause the pcrfonnance of such conducl The facts upon which this FELONY COMPLAINT is based are as follows; On or about the above date and time, at the above location, the aforesaid defendant did: Defendant, with Intent that conduct constituting a class B felony be performed, to wlt: Criminal Possession of a Weapon in the First Degree, did agree with one or more persons to engage In or cause the performance of such conduct, In furtherance of the conspiracy, at least one overt act was committed by one of the conspirators, to wit: possession of an explosive substance. ALL CONTRARY TO THE PROVISIONS OF THE STATUTE IN SUCH CASE MADE AND. PROVIDED. WHEREFORE, the Deponent requests that the Defendant be dealt with in accordance with law. Any applicable depositions and/or certified records nre attached hereto and.made pnrt of this Felony Compluint. VERIFICATION BY SUBSCRIPTION & NOTICE, N'l'S PENAL LAW SECTION 110.45 II Is a C/11:rs A llfisdemea11oru11du t/1e ltnt•s of the Stare o/NLw J'ork, for a person, 111 and by a wrltte11 illstrumeut, lo lmowillg(I' make a false ~r11reme11t, or to make n stateme11t wlticlJ suet, person does ,,nt believe to be true. CR# __ ____ 19003418 ___.;.___.;. AFFIRMED UNDER PENALTY OF PERJURY THIS: ARRAIGNMENT DATE: _ _ _ _ _ __ 19th DAY OF January , 2019 /'-( cr/4 A,-x;~'o/. DEPONENT ' .-;?Iv· • Please lake not/co that the People intend to offer at the bial of the defondant(s): lgJ 0 Evidence of a statement by the defendant made to a public servant: Tlme:3:30pm 1B1 oral D written {see attached) Date:ol/18/19 Place:6 Vince Tofany Blvd. Testimony Identifying the defendant as the person who committed the offense charged, to be given by a witness who has previously Identified the defendant as such, Time: Date: Place: Exhibit Ha . 0 0 _9 9 , STATE OF NEW YORK COUNTY COURT COUNTY OF MONROE .THE PEOPLE OF THE STATE OF NEW YORK -vsBRIAN COLANERI AKA LORD_VALKOR, ANDREW CRYSEL AKA REK, VINCENT VETROMILE AKA ROBERT BRUTMAN AND AKA . TREADONTHEM FIRST COUNT THE GRAND JURY OF THE COUNTY OF MONROE, by this indictment, accuses the defendants, BRIAN COLANERI AKA LORD_VALKOR, ANDREW CRYSEL AKA REK, VINCENT VETROMILE AKA ROBERT BRUTMAN AND AKA TREADONTHEM, of the crime of Conspiracy in the Second Degree as a Crime of Terrorism, in violation of Sections 105.15 and 490.25, Subdivision 1 of the Penal Law of the State of New York, committed as follows: The defendants, on or about and between September 13, 2018 and January 18, 2019, in the County of Monroe, State of New York, with intent to intimidate or coerce a civilian population and · with intent that conduct constituting a class A felony be performed, to wit: Murder in the Second Degree, in violation of Section 125.25, Subdivision 1 of the Penal Law of the State of New York, agreed with each other and/or one or more persons to engage in or cause the performance of such conduct, and that pursuant to said agreement such overt acts were committed in furtherance of the conspiracy by the defendants or one or more persons with whom he or she agreed with. Such overt acts include but are not limited to: 1. Onor about and between September 13, 2018, a:µdJanuary 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" posted messages to the "#leaders-only" channel on the communication medium knowri as "Discord;" and/or 2. On or about and between November 9, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetrornile aka "Robert Brutman" and aka "treadonthem" posted messages to the "#militia-soldiers-wanted" channel on the communication medium known as "Discord;" and/or 3. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetrornile aka "Robert Brutman" and aka "treadonthem" discussed plans to possess weaponry; and/or 4. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetrornile aka "Robert Brutman" and aka "treadonthem" discussed plans to use weaponry; and/or 5. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetrornile aka "Robert Brutman" and aka "treadonthem" discussed the roles of each participant as it related to their planned attack of "Islamberg;" and/or 6. On or about.and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetrornile aka "Robert Brutman" and manufacturing ammunition; aka "treadonthem" discussed means of and/or 7. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" discussed the location known as "Islamberg;" and/or 8. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" discussed the demographic makeup of the location known as "Islamberg;" and/or 9. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" commmunicated a desire and/or intention to acquire explosive devices; and/or 10. On or about and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" possessed explosive devices at 58 'Milford Street, Town of Greece, State of New York. and/or 11. On or about Jariuary 18, 2019, aka "treadonthem" possessed .22 caliber ammunition at 58 Milford Street, Town of Greece, State of New York; and/or 12. On or about January 18, 2019, aka "treadonthem" possessed sketches of bombs at 58 Milford Street, Town of Greece, State of New York; and/or 13. On or about January 18, 2019, aka "treadonthem" possessed materials used to manufacture explosive devices at 58 Milford Street, Town of Greece, State of New York; and/or 14. On or about January 19, 2019, aka "treadonthem" possessed a rifle scope at 4625 Mt. Read Boulevard, Town of Greece, State of New York; and/or 15. On or about January 19, 2019, aka "treadonthem" possessed materials used to manufacture explosive devices at 4625 Mt. Read Boulevard, Town of Greece, State of New York; and/or 16. On or about January 18, 2019, Vincent Ventrornile aka "Robert Brutman" possessed assorted ammunition at 111 Chalford Road, Town of Greece, State of New York; and/or 17. On or about January 18, 2019, Vincent Ventrornile aka "RobertBrutman" possessed magazines loaded with ammunition at 111 Chalford Road, Town of Greece, State of New York; and/or 18. On or about January 18, '2019, Vincent Ventrornile aka: "Robert Brutman" possessed eleven (11) rifles and/or shotguns at 111 Chalford Road, Town of Greece, State of New York; and/or 19. On or about January 18, 2019, Vincent Ventromile aka "Robert Brutman" possessed a black powder pistol at 111 Chalford Road, Town of Greece, State of New York; and/or 20. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed assorted ammunition at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 19. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed magazines loaded with ammunition at 137 E. Ivy Street, Village of East R,ochester, State of New York; and/or 21. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed nine (9) rifles and/or shotguns at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 22. On or about January 19; 2019, Andrew Crysel aka "Rek" possessed a rifle at 6120 Wilkins Tract, Town of Livonia, State of New York. SECOND COUNT: AND THE GRAND JURY OF THE COUNTY OF MONROE, by this indictment, further accuses the defendants, BRIAN COLANERI AKA LORD_VALKOR, ANDREW CRYSEL AKA REK, VINCENT VETROMILE AKA ROBERTBRUTMAN AND AKA TREADONTHEM, of the crime of Conspiracy in the Fourth Degree as a Crime of Terrorism, in violation of Sections 105.10, Subdivision 1 and 490.25, Subdivision 1 of the Penal Law of the State of New York, cornrnitted as follows: The defendants, on or about and between September 13, 2018 and January 18, 2019, in the County of Monroe, State of New York, with intent to intimidate or coerce a civilian population and with intent that conduct constituting a Class B .felony be performed, to wit: Assault in the First Degree, in violation of Section 120.10, Subdivision 1 of the Penal Law of the State of New York, agreed with each other and/or one or more persons to engage in or cause the performance of such conduct, and that pursuant to said agreement such overt acts were cornrnitted in furtherance of the conspiracy by the defendants or one or more persons with whom he or she agreed with. Such overt acts include but are not limited to: 1. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" posted messages to the "#leaders-only" channel on the communication medium known as "Discord;" and/or 2. On or about and between November 9, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" posted messages to the "#militia-soldiers-wanted" channel on the communication medium known as "Discord;" and/or 3. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" discussed plans to possess weaponry; and/or 4. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and weaponry; aka "treadonthem" discussed plans to use and/or 5. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" .discussed the roles of each participant as it related to their planned attack of "Islamberg;" and/or 6. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" discussed means of manufacturing ammunition; and/or 7. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka' "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" discussed the location.known as "Islamberg;" and/or 8. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" discussed the demographic makeup of the location known as "Islamberg;" and/or 9~ On or about and between September 13, 2018, -and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" commmunicated a desire and/or intention to acquire explosive devices; and/or 10. On or about and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brotman" and aka "treadonthem" possessed explosive devices at 58 Milford Street, Town of Greece, State of New York. and/or 11. On or about January 18, 2019, aka "treadonthem" possessed .22 caliber ammunition at 58 Milford Street, Town of Greece, State of New York; and/or 12. On or about January 18, 2019, aka "treadonthem" possessed sketches of bombs at 58 Milford Street, Town of Greece, State of New York; and/or 13. On or about January 18, 2019, Pheilshj.fter aka "treadonthem" possessed materials used to manufacture explosive devices at 58 Milford Street, Town of Greece, State of New York; and/or 14. On or about January 19, 2019, aka "treadontheni" possessed a rifle scope at 4625 Mt. Read Boulevard, Town of Greece, State of New York; and/or 15. On or about January 19, 2019, , aka "treadonthem" possessed . materials used to manufacture explosive devices at 4625 Mt. Read Boulevard, Town of Greece, State of New York; and/or 16. On or about January 18, 2019, Vincent Ventromile aka "Robert Brotman" possessed assorted ammunition at 111 Chalford Road, Town of Greece, State of New York; and/or 17. On or about January 18, 2019, Vincent Ventromile aka "Robert Brotman" possessed · magazines loaded with ammunition at 111 Chalford Road, Town of Greece, State of New York; and/or 18. On or about January 18, 2019, Vincent Ventromile aka "Robert Brutman" possessed eleven (11) rifles and/or shotguns at 111 Chalford Road, Town of Greece, State of New York; and/or 19. 'On or about January 18, 2019, Vincent Ventromile aka "RobertBrutman" possessed a black powder pistol at 111 Chalford Road, Town of Greece, State of New York; and/or 20. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed assorted ammunition at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 19. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed magazines loaded with ammunition at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 21. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed nine (9) rifles and/or shotguns at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 22. On or about January 19, 2019, Andrew Crysel aka "Rek" possessed a rifle at 6120 Wilkins Tract, Town of Livonia, State of New York. THJRD COUNT: AND THE GRAND JURY OF THE COUNTY OF MONROE, by this indictment, further accuses the defendant, BRIAN COLANERI AKA LORD_VALKOR, ANDREW CRYSEL AKA REK, VINCENT VETROMILE AKA ROBERT BRUTMAN AND AKA TREADONTHEM, of the crime of Conspiracy in the Fourth Degree, in violation of Section 105.10, Subdivision 1 of the Penal Law of the State of New York, committed as follows: The defendants, on or about and between September 13, 2018 and January 18, 2019, in the County of Monroe, State of New York, with intent that conduct constituting a Class B felony be performed, to wit: Criminal Mischief in the First Degree, in violation of Section 145.12 of the Penal Law of the State of New York, agreed with each other and/or one or more persons to engage in or cause the performance of such conduct, and that pursuant to said agreement such overt acts were committed in furtherance of the conspiracy by the defendants or one or more persons with whom he or she agreed with. Such overt acts include but are not limited to: 1. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" posted messages to the "#leaders-only" channel on the communication medium known as ."Discord;" and/or 2. On or about and between November 9, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" posted messages to the · "#militia-soldiers-wanted" channel on the communication medium known as "Discord;" and/or 3. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert . Brutman" and aka "treadonthem" discussed plans to possess weaponry; and/or 4. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetrornile aka "Robert Brutman" and weaponry; aka "treadonthem" discussed plans to use and/or 5. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brotman" and aka "treadonthem" discussed the roles of each participant as it related to their planned attack of "Islamberg;" and/or 6. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crys~l aka "Rek," Vincent Vetromile aka "Robert Brotman" and aka "treadonthem" discussed means of manufacturing ammunition; ahd/or 7. On or about and between September 13, 2018, and January 18, 2019, BrianColaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" discussed the location known as "Islamberg;" and/or 8. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthe:m." discussed the demographic makeup of the location known as "Islamberg;" and/or-9. On or about and between September 13, 2018, and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brotman" and aka "treadonthem" commmunicated a desire and/or intention to acquire explosive devices; and/or 10. On or about and January 18, 2019, Brian Colaneri aka "Lord_Valkor," Andrew Crysel aka "Rek," Vincent Vetromile aka "Robert Brutman" and aka "treadonthem" possessed explosive devices at 58 Milford Street, Town of Greece, State of New York. and/or 11. On or about January 18, 2019, aka "treadonthem" possessed .22 caliber ammunition at 58 Milford Street, Town of Greece, State of New York; . and/or 12. On or about January 18, 2019, aka "treadonthem" possessed sketches of bombs at 58 Milford Street, Town of Greece, State of New York; and/or 13. On or about January 18, 2019, aka "treadonthem" possessed materials used to manufacture explosive devices at 58 Milford Street, Town of Greece, :State of New York; and/or 14. On or about January 19, 2019, aka ''treadonthem" possessed a rifle scope at 4625 Mt. Read Boulevard, Town of Greece, State of New York; and/or 15. On or about January 19, 2019, aka "treadonthem" possessed materials used to manufacture explosive devices at 4625 Mt. Read Boulevard, Town of Greece, State of New York; and/or 16. On or about January 18, 2019, Vincent Ventromile aka "Robert Brotman" possessed assorted ammunition at 111 Chalford Road, Town of Greece, State of New York; and/or 17. ·On or about January 18, 2019, Vincent Ventromile aka "Robert Brotman" possessed magazines loaded with ammunition at 111 Chalford Road, Town of Greece, State of New York; and/or 18. On or about January 18, 2019, Vincent Ventromile aka "Robert ~rotman" possessed eleven (11) rifles and/or shotguns at 111 Chalford Road, Town of Greece, State of New York; and/or 19. On or about January 18, 2019, Vincent Ventromile aka "Robert Brutman" possessed a black powder pistol at 111 Chalford Road, Town of Greece, State of New York; and/or 20. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed assorted ammunition at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 19. On or about January 18, 2019, Andrew Crysel aka ''Rek" possessed magazines loaded with ammunition at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 21. On or about January 18, 2019, Andrew Crysel aka "Rek" possessed nine (9) rifles and/or shotguns at 137 E. Ivy Street, Village of East Rochester, State of New York; and/or 22. On or about January 19, 2019, Andrew Crysel aka "Rek" possessed a rifle at 6120 Wilkins Tract, Town of Livonia, State of New York. FOURTH COUNT AND THE GRAND JURY OF THE COUNTY OF MONROE, by this indictment, further accuses the defendants, BRIAN COLANERI AKA LORD_VALKOR, ANDREW CRYSEL AKA REK, VINCENT VETROMILE AKAROBERTBRUTMAN AND AKA TREADONTHEM, of the crime of Criminal Possession of a Weapon in the First Degree as a Crime of Terrorism, in violation of Sections 20.00, 265 .04, Subdivision 1 and 490.25, Subdivision 1 of the Penal Law of the State of New York, committed as follows: The defendants, on or about January 18, 2019, in the County of Monroe, State of New York, while acting alone or in concert with another or others, with intent to intimidate or coerce a civilian population, knowingly possessed any explosive substance, to wit: a glass jar with lid, an Improvised Explosive Device (IED), with intent to use the same unlawfully against the person or property of another, to wit: The Muslims of America, Inc. and/or the residents of 2732 Roods Creek Rd., Hancock, New York (aka "Islamberg"). FIFTH COUNT AND THE GRAND JURY OF THE COUNTY OF MONROE, by this indictment, further accuses the defendants, BRIAN COLANERI AKA LORD_VALKOR, ANDREW CRYSEL AKA REK, VINCENT VETROMILE AKA ROBERT BRUTMAN AND AKA TREADONTHEM, of the crime of Criminal Possession of a Weapon in the First Degree as a Crime of Terrorism, in violation of Sections 20.00, 265 .04, Subdivision 1 and 490.25, Subdivision 1 of the Penal Law of the State of New York, committed as follows: The defendants, on or about January 18, 2019, in the County of Monroe, State of New York, while acting alone or in concert with another or others, with intent to intimidate or coerce a civilian population, knowingly possessed any explosive substance, to wit: a cardboard tube, sparkler, an Improvised Explosive Device (IED), with intent to use the same unlawfully against the person or property of another, to wit: The Muslims of America, Inc. and/ or the residents of 2732 Roods Creek Rd., Hancock, New York (aka "Islamberg"). SIXTH COUNT AND THE GRAND JURY OF THE COUNTY OF MONROE, by this indictment, further accuses the defendants, BRIAN COLANERI AKA LORD_V ALKOR, ANDREW CRYSEL AKA REK, VINCENT VETROMILEAKA ROBERT BRUTMAN AND AKA TREADONTHEM, of the crime of Attempt to Commit the Crime of Criminal Possession of a Weapon in the First Degree as a Crime of Terrorism, in violation of Sections 20.00, 110.00, 265.04, Subdivision 1 and 490.25, Subdivision 1 of the Penal Law of the State of New York, committed as follows: The defendants, on or about January 18,2019, in the County of Monroe, State of New York, while acting alone or in concert with another or others, with intent to intimidate or coerce a civilian population, attempted to knowingly possess any explosive substance, to wit: a plastic tube with caps and debris, a partially assembled Improvised Explosive Device (IED), with intent to use the same unlawfully against the person or property of another, to wit: The Muslims of America, Inc. and/or the residents of 2732 Roods Creek Rd., Hancock, New York (aka "Islamberg") . . 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