STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA v DZHOKHAR A TSARNAEV a k a Jahar Tsarni Defendant Crim No Violations 18 U S C 2332a Use of a Weapon of Mass Destruction and Conspiracy 18 U S C 2332f Bombing of a Place of Public Use and Conspiracy 18 U S C 844 i Malicious Destruction of Property and Conspiracy 18 U S C 924 c - Use of a Firearm During and in Relation to a Crime of Violence 18 U S C 924 j Use of a Firearm During and in Relation to a Crime of Violence Causing Death 18 U S C 2119 2 Carjacking Resulting in Serious Bodily Injury 18 U S C 1951 Interference With Commerce by Threats or Violence 18 U S C 2 Aiding and Abetting 18 U S C 981 a 1 G Forfeiture The Grand Jury charges that At all times relevant to this Indictment unless otherwise indicated GENERAL ALLEGATIONS l DZHOKHAR A TSARNAEV was a naturalized United States citizen residing in Cambridge Massachusetts 2 Tamerlan Tsarnaev was a Russian citizen residing in Cambridge Massachusetts 3 The 117th running of the Boston Marathon the Marathon took place on April 15 2013 The Marathon is an annual race that attracts thousands of runners from all over the United States and the world It is normally held on Patriots Day a Massachusetts holiday that celebrates American patriotism and independence Every year friends and family members of the runners and tens of thousands of others line the race course to cheer on the runners and enjoy the race 4 Many runners and their family members travel to the Boston Massachusetts area from other states and countries and stay at local area hotels eat at local area restaurants and shop at local area businesses 5 The final stretch of the Boston Marathon runs eastward along the center of Boylston Street in Boston from Hereford Street to the finish line which is located between Exeter and Dartmouth Streets Low metal barriers line both edges of the street and separate the spectators from the runners Many businesses line the streets of the Marathon route In the area near the finish line businesses are located on both sides of Boylston Street including restaurants a department store a hotel and various retail stores 6 On April 15 2013 at approximately 2 49 while the Marathon was still underway two improvised explosive devices exploded on the north side of Boylston Street along the Marathon s final stretch The first exploded in front of Marathon Sports located at 671 Boylston Street and the second exploded in front of the Forum restaurant located at 755 Boylston Street The IEDs were placed near the metal barriers where hundreds of spectators were watching runners approach the finish line Each explosion killed at least one person maimed burned and wounded scores of others and damaged public and private property including property owned by people and businesses in the locations where the explosions occurred 7 The IEDs that exploded at the Marathon were constructed from pressure cookers low explosive powder shrapnel adhesive and other materials They were concealed inside black backpacks 8 Inspire magazine is an English language online publication of al Qaeda in the Arabian Peninsula Volume One of Inspire magazine which is dated summer 2010 contains detailed instructions for constructing IEDs using pressure cookers explosive powder from fireworks shrapnel adhesive and other materials IEDs constructed in this manner are designed to shred flesh shatter bone and cause extreme pain and suffering as well as death 9 On April 18 2013 at approximately 5 00 the Federal Bureau of Investigation published on its web site photographs of Tamerlan Tsarnaev and DZHOKHAR A TSARNAEV identifying them as the two individuals suspected of detonating IEDs at the Marathon It did not identify them by name because law enforcement had not yet learned their names These photographs were widely disseminated on television and elsewhere 10 On April 19 2013 While DZHOKHAR A TSARNAEV was hiding from police in a drydocked boat in a Watertown Massachusetts backyard he wrote a message on an inside wall and beams of the boat that said among other things The U S Government is killing our innocent civilians can t stand to see such evil go unpunished We Muslims are one body you hurt one you hurt us all Now I don t like killing innocent people it is forbidden in Islam but due to said unintelligible it is allowed and Stop killing our innocent people and we will stop COUNT ONE Conspiracy to Use A Weapon Of Mass Destruction Resulting in Death 18 U S C 2332a a 2 11 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 12 From at least in or about February 2013 up to and including on or about April 19 2013 in the District of Massachusetts and elsewhere the defendant A TSARNAEV knowingly conspired with Tamerlan Tsarnaev to use a weapon of mass destruction namely a destructive device as defined by Title 18 United States Code Section 921 without lawful authority against a person and property in the United States and such property was used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce 2 the mail and a facility of interstate and foreign commerce were used in furtherance of the offense 3 a perpetrator traveled in and caused another to travel in interstate and foreign commerce in furtherance of the offense and 4 the offense and the results of the offense affected interstate and foreign commerce 13 The conspiracy resulted in at least one person s death specifically it resulted in the deaths of Marie Campbell Officer Sean Collier Lingzi Lu and Martin Richard OVERT ACTS 14 In furtherance of the conspiracy and to effect its illegal object DZHOKHAR A TSARNAEV the defendant and Tamerlan Tsarnaev committed the following overt acts among others in the District of Massachusetts and elsewhere 15 a time unknown to the Grand Jury but before on or about April 15 2013 DZHOKHAR A TSARNAEV downloaded to his computer a digital copy of a book entitled The Slicing Sword Against the One Who Forms Allegiances With the Disbelievers and Takes Them as Supporters Instead of Allah His Messenger and The Believers The version that DZHOKHAR A TSARNAEV downloaded had a foreword by Anwar Al Awlaki who was a al Qaeda propagandist This publication directs Muslims not to give their allegiance to governments that invade Muslim lands 16 At a time unknown to the Grand Jury but before on or about April 15 2013 BZHOKHAR A TSARNAEV downloaded to his computer a publication entitled Defense of the Muslim Lands the First Obligation After Imam by Abdullah Azzam who is also known as the Father of Global Jihad This publication advocates violence designed to terrorize the perceived enemies of Islam among other things 17 At a time unknown to the Grand Jury but before on or about April 15 2013 DZHOKHAR A TSARNAEV downloaded to his computer a digital copy of the publication Jihad and the Effects of Intention Upon It The version be downloaded was published by an extremist web forum called At Tibyan publications The publication glorifies in the service of violent jihad 18 At a time unknown to the Grand Jury but before on or about April 15 2013 DZHOKHAR A TSARNAEV downloaded to his computer a copy of Volume One of InSpire magazine which includes instructions on how to build IEDs using pressure cookers or sections of pipe explosive powder from fireworks and shrapnel among other things 19 On or about February 6 2013 Tamerlan Tsarnaev traveled to Phantom Fireworks in Seabrook New Hampshire and purchased 48 mortars containing approximately eight pounds of low explosive powder 20 On or about March 20 2013 DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev traveled to a firing range in Manchester New Hampshire where DZHOKHAR A TSARNAEV rented two 9mm handguns purchased 200 rounds of ammunition and engaged in target practice with Tamerlan Tsarnaev for approximately one hour 21 On or about April 5 2013 Tamerlan Tsarnaev used the internet to order electronic components that could be adapted for use in making IEDs and those components were delivered by the United States Postal Service to the Cambridge Massachusetts residence shared by DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev 22 On or about April 14 2013 DZHOKHAR A TSARNAEV opened a prepaid cell phone account under the name Jahar Tsarni 23 On April 15 2013 at approximately 2 40 Tamerlan Tsarnaev walked to the front of Marathon Sports at 671 Boylston Street where he placed a backpack concealing an IED constructed from a pressure cooker low explosive powder shrapnel adhesive electronic components and other materials among a dense crowd of Marathon spectators that included men women and children 24 On April 15 2013 at approximately 2 40 DZHOKHAR A TSARNAEV walked to the front of the Forum restaurant at 755 Boylston Street where he placed a backpack concealing an IED constructed from a pressure cooker low explosive powder shrapnel adhesive electronic components and other materials among a dense crowd of Marathon spectators that included men women and children 25 On April 15 2013 at approximately 2 48 DZHOKHAR A TSARNAEV called Tamerlan Tsarnaev using his prepaid cell phone and spoke to him for several seconds 26 On April 15 2013 at approximately 2 49 seconds after DZHOKHAR A TSARNAEV completed his phone call to Tamerlan Tsarnaev Tamerlan Tsarnaev detonated the bomb he had placed in front of Marathon Sports killing Marie Campbell and maiming and seriously injuring many others 27 On April 15 2013 at approximately 2 49 seconds after Tamerlan Tsarnaev detonated the bomb he had placed in front of Marathon Sports on Boylston Street DZHOKHAR A TSARNAEV detonated the bomb he had placed in front of the Forum restaurant on Boylston Street killing Lingzi Lu and Martin Richard and maiming and seriously injuring many others 28 On or before April 18 2013 DZHOKHAR A TSARNAEV stored in his college dormitory room his computer and a backpack containing fireworks that had been emptied of low explosive powder 29 On April 18 2013 at approximately 8 45 a few hours after television stations and other media began disseminating a photograph of DZHOKHAR A TSARNAEV that identified him as a suspect in the Marathon bombings DZHOKHAR A TSARNAEV sent a text message to a college classmate and close friend that read If you want can go to my room and take what you want 30 On April 18 2013 at approximately 10 00 DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev armed themselves with five IEDs a Ruger P95 9mm semiautomatic handgun ammunition for the Ruger a machete and a hunting knife and drove in their Honda Civic to the Massachusetts Institute of Technology in Cambridge Massachusetts 31 On April 18 2013 at approximately 10 25 in the vicinity of 32 Vassar Street in Cambridge Massachusetts DZHOKHAR TSARNAEV and Tamerlan Tsarnaev murdered Sean Collier an MIT Police Officer by shooting him in the head at close range with a Ruger P95 9mm semiautomatic handgun and attempted to steal his service weapon 32 On April 18 2013 at approximately 11 00 in the vicinity of 60 Brighton Avenue in Boston Massachusetts DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev carjacked leased Mercedes ML350 by pointing a gun at D M and threatening to kill him They indicated to D M that they intended to drive his vehicle to Manhattan 33 After carjacking and kidnaping D M DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev forced him to drive to Watertown Massachusetts where they retrieved a portable GPS device and other items from their Honda Civic Then they forced D M to drive to a gas station in order to fill the Mercedes s gas tank 34 While DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev were searching for a gas station they drove D M to a Bank of America branch in Watertown Square and forced D M to hand over his Automatic Teller Machine debit card and personal identification number Then DZHOKHAR A TSARNAEV used the ATM card and PIN to withdraw $800 from Bank of America account against will 35 On April 19 2013 at approximately 12 15 D M escaped from the Mercedes and called 911 DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev then drove to the Vicinity of Laurel Street and Dexter Avenue in Watertown Massachusetts where officers of the Watertown Police Department located them and tried to apprehend them 36 On April 19 2013 at approximately 12 43 DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev began firing at the officers trying to apprehend them and used four ZEDs against them one of which was made from a pressure cooker low explosive powder shrapnel and other materials 37 On April 19 2013 at approximately 12 50 after attempting to shoot bomb and kill or disable the law enforcement officers who were trying to apprehend them Tamerlan Tsarnaev was tackled by three Watertown police officers Sergeant Jeffrey Pugliese Sergeant John MacLellan and Officer John Reynolds and struggled with them as they tried to handcuff him DZHOKHAR A TSARNAEV reentered the Mercedes and drove it directly at the three police officers 38 When DZHOKHAR A TSARNAEV drove the Mercedes at the three police officers he barely missed Sergeant Jeffrey Pugliese who was attempting to drag Tamerlan Tsarnaev to safety Then DZHOKHAR A TSARNAEV ran over Tamerlan Tsarnaev seriously injuring him and contributing to his death 39 In the course of making his escape in the Mercedes DZHOKHAR A TSARNAEV also caused Richard Donohue a Massachusetts Bay Transportation Authority officer to sustain serious bodily injury 40 After escaping in the Mercedes DZHOKHAR A TSARNAEV abandoned the car on Spruce Street in Watertown smashed both of his cell phones and hid in a drydocked boat in a Watertown backyard until he was captured by police All in violation oi Title 18 United States Code Section 2332a a 2 -12 COUNT TWO Use of a Weapon of Mass Destruction Resulting in Death Aiding and Abetting 18 U S C 2332a a 2 18 U S C 2 41 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 42 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and without lawful authority used a weapon of mass destruction namely a destructive device as defined in Title 18 United States Code Section 921 against a person and property within the United States and 1 such property was used in interstate and foreign commerce and in an activity that affects nterstate and foreign commerce and the offense and the results of the offense affected interstate and foreign commerce to wit DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev produced explosive bombs from pressure cookers low explosive powder ball bearings nails adhesives electronic components and other materials then Tamerlan Tsarnaev aided and abetted by DZHOKHAR A TSARNAEV placed and detonated one such bomb Pressure Cooker Bomb in the vicinity of 671 Boylston Street in Boston Massachusetts which resulted in a premature end to the Boston Marathon and damage to Marathon Sports and other property -13 43 The Grand Jury further charges that the offense resulted in at least one person s death specifically it resulted in the death of Marie Campbell All in violation of Title 18 United States Code Section 2332a a 2 and Title 18 United States Code Section 2 _l4_ COUNT THREE Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U s c 924 c 18 U s c 2 44 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 45 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely use of a weapon of mass destruction as charged in Count Two of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a bomb constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb 46 The Grand Jury further charges that the firearm was discharged The Grand Jury further charges that the firearm was a destructive device as defined in 18 U S C 48 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 -15 United States Code Section 1111 specifically he caused the death of Marie Campbell All in Violation of Title 18 United States Code Sections and 924 j 1 and Title 18 United States Code Section 2 COUNT FOUR Use of a Weapon Of Mass Destruction Resulting in Death Aiding and Abetting 18 U S C 2332a a 2 18 U S C 2 49 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 50 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and without lawful authority used a weapon of mass destruction namely a destructive device as defined by Title 18 United States Code Section 921 against a person and property within the United States and 1 such property was used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce and 2 the offense and the results of the offense affected interstate and foreign commerce to wit DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev produced explosive bombs from pressure cookers low explosive powder ball bearings nails adhesives electronic components and other materials then DZHOKHAR A TSARNAEV placed and detonated one such bomb Pressure Cooker Bomb in the vicinity of 755 Boylston Street in Boston Massachusetts which resulted in a premature end to the Boston Marathon and damage to the Forum restaurant and other property _17_ 51 The Grand Jury further charges that the offense resulted in at least one person's death specifically it resulted in the deaths of Lingzi Lu and Martin Richard All in violation of Title 18 United States Code Section 2332a a 2 and Title 18 United States Code Section 2 -18- COUNT FIVE Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U S C 924 c 18 U s c 2 52 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 53 On or about April 15 20l3 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely use of a weapon of mass destruction as charged in Count Four of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a bomb constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb 54 The Grand Jury further charges that the firearm was discharged 55 The Grand Jury further charges that the firearm was a destructive device as defined in 18 U S C 56 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 -19- United States Code Section 1111 specifically he caused the deaths o Lingzi Lu and Martin Richard All in violation of Title 18 United States Code Sections 924 c 1 B iiJ and 924 j l and Title 18 United States Code Section 2 COUNT SIX Conspiracy to Bomb a Place of Public Use Resulting in Death 18 U S C 2332f a 1 57 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and 14 through 40 and further charges that 58 From at least in or about February 2013 up to and including on or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly conspired with Tamerlan Tsarnaev unlawfully to deliver place discharge and detonate an explosive and other lethal device in into and against a place of public use with the intent to cause death and serious bodily injury and 2 with the intent to cause extensive destruction of such place where such destruction results in and is likely to result in major economic loss 59 The Grand Jury further charges that the offense took place in the United States and 1 it was committed in an attempt to compel the United States to do and abstain from doing any act and 2 a victim was a national of another state and the offense had a substantial effect on interstate and foreign commerce 60 The Grand Jury further charges that the offense resulted in the death of at least one person specifically it -21 resulted in the deaths of Marie Campbell Officer Sean Collier Lingzi Lu and Martin Richard All in Violation-of Title 18 United States Code Sections 2332f a 1 2332f a 2 and 2332f o -22- COUNT SEVEN Bombing of a Place of Public Use Resulting in Death Aiding and Abetting 18 U S C 2332f a 1 18 U S C 2 61 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 62 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and unlawfully delivered placed discharged and detonated an explosive and other lethal device Pressure Cooker Bomb in into and against a place of public use 1 with the intent to cause death and serious bodily injury and 2 with the intent to cause extensive destruction of such place where such destruction results in and is likely to result in major economic loss to wit Tamerlan Tsarnaev aided and abetted by DZHOKHAR A TSARNAEV placed Pressure Cooker Bomb #1 in front of Marathon Sports located at 671 Boylston Street Boston Massachusetts and then detonated it causing extensive destruction to Marathon Sports and other places of public use 63 The Grand Jury further charges that the offense took place in the United States and that 1 it was committed in an attempt to compel the United States to do and abstain from doing any act and 2 a victim of the offense was a national of another state and the offense had a substantial effect on interstate and foreign commerce -23- 64 The Grand Jury further charges that the offense resulted in the death of at least one person specifically it resulted in the death of Marie Campbell All in violation of Title 18 United States Code Section 2332f a l and Title 18 United States Code Section 2 -24_ COUNT EIGHT Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U S C 924 c 18 U S C 2 65 The Grand Jury realleges and incorporates by reference paragraphs 1 through l0 and further charges that 66 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely bombing of a place of public use as charged in Count Seven of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a bomb constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb 67 The Grand Jury further charges that the firearm was discharged 68 The Grand Jury further charges that the firearm was a destructive device as defined in 18 U S C 69 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 -25- United States Code Section 1111 specifically he caused the death oi Marie Campbell All in Violation of Title 18 United States Code Sections and 924 j l and Title 18 United States Code Section 2 COUNT NINE Bombing of a Place of Public Use Resulting in Death Aiding and Abetting 18 U S C 2332f a 1 18 U S C 2 70 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 71 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and unlawfully delivered placed discharged and detonated an explosive and other lethal device Pressure Cooker Bomb in into and against a place of public use 1 with the intent to cause death and serious bodily injury and 2 with the intent to cause extensive destruction of such place where such destruction results in and is likely to result in major economic loss to wit DZHOKHAR A TSARNAEV placed Pressure Cooker Bomb #2 in front of the Forum restaurant located at 755 Boylston Street Boston Massachusetts and then detonated it causing extensive destruction to the Forum restaurant and other places of public use 72 The Grand Jury further charges that the offense took place in the United States and that it was committed in an attempt to compel the United States to do and abstain from doing any act and 2 a victim of the offense was a national of another state and the offense had a substantial effect on interstate and foreign commerce -27- 73 The Grand Jury further charges that the offense resulted in the death of at least one person specifically it resulted in the deaths of Lingzi Lu and Martin Richard All in violation of Title 18 United States Code Section 2332f a l C and Title 18 United States Code Section 2 w28_ COUNT TEN Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U s c 924 c 18 U S C 2 74 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 75 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely bombing of a place of public use as charged in Count Nine of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a bomb constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb 76 The Grand Jury further charges that the firearm was discharged The Grand Jury further charges that the firearm was a destructive device as defined in 18 U S C 78 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 -29_ United States Code Section 1111 specifically he caused the death of Lingzi Lu and Martin Richard All in violation of Title 18 United States Code Sections and 924 j l and Title 18 United States Code Section 2 _30_ COUNT ELEVEN Conspiracy to Maliciously Destroy Property Resulting in Personal Injury and Death 18 U S C 844 i 79 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and 14 through 40 and further charges that 80 From at least in or about February 2013 up to and including on or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly conspired with Tamerlan Tsarnaev to maliciously damage and destroy by means of fire and an explosive a building vehicle and other real and personal property used in interstate and foreign commerce and in an activity affecting interstate and foreign commerce 81 The Grand Jury further charges that the offense resulted in personal injury to at least one person specifically it resulted in personal injury to many persons who were participating in viewing and passing by the Boston Marathon 82 The Grand Jury further charges that the offense resulted in the death of at least one person specifically it resulted in the deaths of Marie Campbell Officer Sean Collier Lingzi Lu and Martin Richard All in violation of Title 18 United States Code Sections 844 i and 844 n -31- COUNT TWELVE Malicious Destruction of Property Resulting in Personal Injury and Death Aiding and Abetting 18 U S C 844 i l8 U S C 2 83 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 84 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV maliciously damaged and destroyed and attempted to damage and destroy by means of fire and an explosive a building vehicle and other real and personal property used in interstate and foreign commerce and in an activity affecting interstate and foreign commerce to wit Tamerlan Tsarnaev aided and abetted by DZHOKHAR A TSARNAEV placed and detonated an explosive Pressure Cooker Bomb in the vicinity of 671 Boylston Street in Boston Massachusetts that resulted in a premature end to the Boston Marathon and damage to Marathon Sports and other business property 85 The Grand Jury further charges that the offense resulted in personal injury to at least one person specifically it resulted in personal injury to many persons who were participating in viewing and passing by the Boston Marathon 86 The Grand Jury further charges that the offense resulted in the death of at least one person specifically it resulted in the death of Marie Campbell -32 All in violation of Title 18 United States Code Section 844 i and Title 18 United States Code Section 2 -33_ COUNT THIRTEEN Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U S C 924 c 18 U S C 2 87 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 88 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely malicious destruction of property as charged in Count Twelve of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a bomb constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb 89 The Grand Jury further charges that the firearm was discharged 90 The Grand Jury further charges that the firearm was a destructive device as defined in 18 U S C 91 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 -34- United States Code Section 1111 specifically he caused the death of Marie Campbell A11 in violation of Title 18 United States Code Sections 924 c 924 c 1 B 924 c 1 C and 924 j 1 and Title 18 United States Code Section 2 -35_ COUNT FOURTEEN Malicious Destruction of Property Resulting in Personal Injury and Death Aiding and Abetting 18 U S C 844 1 18 U S C 2 92 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 93 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV maliciously damaged and destroyed and attempted to damage and destroy by means of fire and an explosive a building vehicle and other real and personal property used in interstate and foreign commerce and in an activity affecting interstate and foreign commerce to wit DZHOKHAR A TSARNAEV placed and detonated an explosive Pressure Cooker Bomb in the Vicinity of 755 Boylston Street in Boston Massachusetts that resulted in a premature end to the Boston Marathon and damage to the Forum restaurant and other business property 94 The Grand Jury further charges that the offense resulted in personal injury to at least one person specifically it resulted in personal injury to many persons who were participating in viewing and passing by the Boston Marathon 95 The Grand Jury further charges that the offense resulted in the death of at least one person specifically it resulted in the deaths of Lingzi Lu and Martin Richard -35- All in violation of Title 18 United States Code Section 844 1 and Title 18 United States Code Section 2 -37- COUNT FIFTEEN Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U S C 18 U S C 2 96 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 97 On or about April 15 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely malicious destruction of property as charged in Count Fourteen of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a bomb constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb 98 The Grand Jury further charges that the firearm was discharged 99 The Grand Jury further charges that the firearm was a destructive device as defined in 18 U S C 100 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 38 United States Code Section 1111 specifically he caused the death of Lingzi Lu and Martin Richard All in violation of Title 18 United States Code Sections and 924 j l and Title 18 United States Code Section 2 -39_ COUNT SIXTEEN Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U s c 924 c 18 U S C 5 2 101 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 102 On or about April 18 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely conspiracy to use a weapon of mass destruction as charged in Count One of this Indictment did knowingly use and carry a firearm namely a Ruger P95 9mm semiautomatic handgun and did in furtherance of such crime knowingly possess said firearm 103 The Grand Jury further charges that the firearm was brandished 104 The Grand Jury further charges that the firearm was discharged 105 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 United States Code Section 1111 specifically he caused the death of Officer Sean Collier All in violation of Title 18 United States Code Sections 1 A ii 6 924 c 1 C and 924 3' 1 and Title 18 United States Code Section 2 _4l_ COUNT SEVENTEEN Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U s c 924 0 13 U s c 2 106 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 107 On or about April 18 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely conspiracy to bomb a place of public use as charged in Count Six of this Indictment did knowingly use and carry a firearm namely a Ruger P95 9mm semiautomatic handgun and did in furtherance of such crime knowingly possess said firearm 108 The Grand Jury further charges that the firearm was brandished 109 The Grand Jury further charges that the firearm was discharged 110 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 United States Code Section 1111 Specifically he caused the death of Officer Sean Collier _42i All in violation of Title 18 United States Code Sections A ii 924 0 1 C and 924 j and Title 18 United States Code Section 2 -43 COUNT EIGHTEEN Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death Aiding and Abetting 18 U s c 924 c 18 U S C 2 111 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 112 On or about April 18 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely conspiracy maliciously to destroy property as charged in Count Eleven of this Indictment did knowingly use and carry a firearm namely a Ruger P95 9mm semiautomatic handgun and did in furtherance of such crime knowingly possess said firearm 113 The Grand Jury further charges that the firearm was brandished 114 The Grand Jury further charges that the firearm was discharged 115 The Grand Jury further charges that DZHOKHAR A TSARNAEV in the course of committing the violation alleged in this count caused the death of a person through the use of the firearm and the killing was a murder as defined in Title 18 United States Code Section 1111 specifically he caused the death of Officer Sean Collier -44- All in violation of Title 18 United States Code Sections ii and 924 j l and Title 18 United States Code Section 2 COUNT NINETEEN Carjacking Resulting in Serious Bodily Injury Aiding and Abetting 18 U S C 2119 2 18 U S C 2 116 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 117 On or about April 18 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV with the intent to cause death and serious bodily harm knowingly took and attempted to take from the person and presence of D M by force and violence and by intimidation a motor vehicle that had been transported shipped and received in interstate and foreign commerce that is a 2013 Mercedes ML3SO bearing IMassachusetts license plate 137N71 and VIN 4JGDA5HB1DA193885 118 The Grand Jury further charges that the offense resulted in serious bodily injury to Officer Richard Donohue All in violation of Title 18 United States Code Section 2119 2 and Title 18 United States Code Section 2 -46_ COUNT TWENTY Possession and Use of a Firearm During and in Relation To a Crime of Violence Aiding and Abetting 18 U S C 924 0 18 U S C 2 119 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 120 On or about April 18 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely carjacking as charged in Count Nineteen of this Indictment did knowingly use and carry a firearm namely a Ruger P95 9mm semiautomatic handgun and did in furtherance of such crime knowingly possess said firearm 121 The Grand Jury further charges that the firearm was brandished All in violation of Title 18 United States Code Sections 924 c 1 A ii and 924 c 1 and Title 18 United States Code Section 2 _47_ COUNT TWENTY-ONE Interference With Commerce by Threats and Violence Aiding and Abetting 18 U s c 1951 18 U s c 2 122 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 123 On or about April 18 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV committed a robbery that in some way and degree obstructed delayed and affected commerce to wit DZHOKHAR A TSARNAEV unlawfully took and obtained personal property consisting of eight hundred dollars from the person and in the presence of D M against his will by means of actual and threatened force violence and fear of injury immediate and future to his person and property by forcing D M to provide his Bank of America Automatic Teller Machine debit card and personal identification number to DZHOKHAR A TSARNAEV who then and there used the ATM card and PIN to obtain eight hundred dollars from the Bank of America branch located at 39 Main Street in Watertown Massachusetts All in violation of Title 18 United States Code Section 1951 and Title 18 United States Code Section 2 -48 COUNT TWENTY-TWO Possession and Use of a Firearm During and in Relation To a Crime of Violence Aiding and Abetting 18 U S C 924 c 18 U S C 2 124 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 125 On or about April 18 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely interference with commerce by threats and violence as charged in Count Twenty One of this Indictment did knowingly use and carry a firearm namely a Ruger P95 9mm semiautomatic handgun and did in furtherance of such crime knowingly possess said firearm 126 The Grand Jury further charges that the firearm was brandished All in violation of Title 18 United States Code Section ii and and Title 18 United States Code Section 2 iggi COUNT Use of a Weapon of Mass Destruction Aiding and Abetting 18 U S C 2332a a 2 18 U S C 2 127 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 128 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and without lawful authority used a weapon of mass destruction namely a destructive device as defined in Title 18 United States Code Section 921 against a person and property within the United States and 1 such property was used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce and 2 the offense and the results of the offense affected interstate and foreign commerce to wit DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev used an explosive device constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb against law enforcement officers in the vicinity of Laurel Street and Dexter Avenue in Watertown Massachusetts resulting in damage to property used in an activity that affects interstate and foreign commerce and in the closure of businesses as the Governor of Massachusetts and other public officials asked residents in Watertown Boston and elsewhere in Massachusetts to assist law enforcement by remaining indoors while the officers attempted to apprehend DZHOKHAR A TSARNAEV All in violation of Title 18 United States Code Section 2332a a 2 and Title 18 United States Code Section 2 _51_ COUNT Possession and Use of a Firearm During and in Relation To a Crime of Violence Aiding and Abetting 18 U S C 18 U S C 2 129 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 130 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely use of a weapon of mass destruction as charged in Count Twenty Three of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a Ruger P95 9mm semiautomatic handgun the Ruger and a bomb constructed from a pressure cooker low explosive powder and other materials Pressure Cooker Bomb 131 The Grand Jury further charges that a firearm was brandished specifically the Ruger and Pressure Cooker Bomb #3 were brandished 132 The Grand Jury further charges that a firearm was discharged specifically the Ruger and Pressure Cooker Bomb #3 were discharged 133 The Grand Jury further charges that the firearm namely Pressure Cooker Bomb was a destructive device as defined in 18 U S C All in violation of Title 18 United States Code Sections and and Title 18 United States Code Section 2 -53_ COUNT TWENTY-FIVE Use of a Weapon of Mass Destruction Aiding and Abetting 18 U S C 2332a a 2 18 U S C 2 134 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 135 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and without lawful authority used a weapon of mass destruction namely a destructive device as defined in Title 18 United States Code Section 921 against a person and property within the United States and 1 such property was used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce and 2 the offense and the results of the offense affected interstate and foreign commerce to wit DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev used an explosive device constructed from a section of pipe low explosive powder and other materials Pipe Bomb against law enforcement officers in the vicinity of Laurel Street and Dexter Avenue in Watertown Massachusetts resulting in damage to property used in an activity that affects interstate and foreign commerce and in the closure of businesses as the Governor of Massachusetts and other public officials asked residents in Watertown Boston and elsewhere to assist law enforcement by -54- remaining indoors while the officers attempted to capture DZHOKHAR A TSARNAEV All in violation of Title 18 United States Code Section 2332a a 2 and Title 18 United States Code Section 2 -55_ COUNT Possession and Use of a Firearm During and in Relation To a Crime of Violence Aiding and Abetting 18 U s c 924 c 18 U S C 2 136 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 137 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely use of a weapon of mass destruction as charged in Count Twenty Five of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a Ruger P95 9mm semiautomatic handgun the Ruger and a bomb constructed from a section of pipe low explosive powder and other materials Pipe Bomb 138 The Grand Jury further charges that a firearm was brandished specifically the Ruger and Pipe Bomb #1 were brandished 139 The Grand Jury further charges that a firearm was discharged specifically the Ruger and Pipe Bomb #1 were discharged _55_ 140 The Grand Jury further charges that the firearm namely Pipe Bomb was a destructive device as defined in 18 U S C All in violation of Title 18 United States Code Sections and and Title 18 United States Code Section 2 COUNT TWENTY-SEVEN Use of a Weapon Of Mass Destruction Aiding and Abetting 18 U S C 2332a 18 U S C 2 141 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 142 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and without lawful authority used a weapon of mass destruction namely a destructive device as defined in Title 18 United States Code Section 921 against a person and property within the United States and 1 such property was used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce and 2 the offense and the results of the offense affected interstate and foreign commerce to wit DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev used an explosive device constructed from a section of pipe low explosive powder and other materials Pipe Bomb against law enforcement officers in the vicinity of Laurel Street and Dexter Avenue in Watertown Massachusetts resulting in damage to property used in an activity that affects interstate and foreign commerce and in the closure of businesses as the Governor of Massachusetts and other public officials asked residents in Watertown Boston and elsewhere to assist law enforcement by 58- remaining indoors while the officers attempted to capture DZHOKHAR A TSARNAEV All in violation of Title 18 United States Code Section 2332a a 2 and Title 18 United States Code Section 2 -59- COUNT TWENTY-EIGHT Possession and Use of a Firearm During and in Relation To a Crime of Violence Aiding and Abetting 18 U S C 924 c 18 U S C 2 143 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 144 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which_he may be prosecuted in a court of the United States namely use of a weapon of mass destruction as charged in Count Twenty Seven of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a Ruger P95 9mm semiautomatic handgun the Ruger and a bomb constructed from a section of pipe low explosive powder and other materials Pipe Bomb 145 The Grand Jury further charges that a firearm was brandished Specifically the Roger and Pipe Bomb #2 were brandished 146 The Grand Jury further charges that a firearm was discharged specifically the Ruger and Pipe Bomb #2 were discharged -60 147 The Grand Jury further charges that the firearm namely Pipe Bomb was a destructive device as defined in 18 U S C All in violation of Title 18 United States Code Sections and and Title 18 United States Code Section 2 61m COUNT TWENTY-NINE Use of a Weapon Of Mass Destruction Aiding and Abetting 18 U S C 2332a 18 U S C 2 148 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 149 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV knowingly and without lawful authority used a weapon of mass destruction namely a destructive device as defined in Title 18 United States Code Section 921 against a person and property within the United States and 1 such property was used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce and the offense and the results of the offense affected interstate and foreign commerce to wit DZHOKHAR A TSARNAEV and Tamerlan Tsarnaev used an explosive device constructed from a section of pipe low explosive powder and other materials Pipe Bomb against law enforcement officers in the vicinity of Laurel and Dexter Streets in Watertown Massachusetts resulting in damage to property used in an activity that affects interstate and foreign commerce and in the closure of businesses as the Governor of Massachusetts and other public officials asked residents in Watertown Boston and elsewhere to assist law enforcement by -52- remaining indoors while the officers attempted to capture DZHOKHAR A TSARNAEV All in violation of Title 18 United States Code Section 2332a a 2 and Title 18 United States Code Section 2 -53- COUNT THIRTY Possession and Use of a Firearm During and in Relation To a Crime of Violence Aiding and Abetting 18 U S C 924 c 18 U S C 2 150 The Grand Jury realleges and incorporates by reference paragraphs 1 through 10 and further charges that 151 On or about April 19 2013 in the District of Massachusetts and elsewhere the defendant DZHOKHAR A TSARNAEV during and in relation to a crime of violence for which he may be prosecuted in a court of the United States namely use of a weapon of mass destruction as charged in Count of this Indictment did knowingly use and carry a firearm and did in furtherance of such crime knowingly possess said firearm to wit a Ruger P95 9mm semiautomatic handgun the Ruger and a bomb constructed from a section of pipe low explosive powder and other materials Pipe Bomb 152 The Grand Jury further charges that a firearm was brandished specifically the Ruger and Pipe Bomb #3 were brandished 153 The Grand Jury further charges that the firearm namely the Ruger was discharged 154 The Grand Jury further charges that the firearm namely Pipe Bomb was a destructive device as defined in 18 U S C H 64i All in violation of Title 18 United States Code Sections and and Title 18 United States Code Section 2 -65- NOTICE OF SPECIAL FINDINGS 155 The Grand Jury realleges and incorporates by reference the general allegations in paragraphs 1 through 10 as well as the allegations in Counts One through Ten and Twelve through Eighteen of this Indictment as if fully set forth herein The Grand Jury further alleges that the defendant DZHOKHAR A TSARNAEV with respect to the Counts specified after each allegation a was 18 years of age or older at the time of the offense 18 U S C 3591 a 2 Counts One through Ten and Twelve through Eighteen b intentionally killed Marie Campbell 18 U S C 3591 a 2 A Counts One Two Three Six Seven Eight Twelve and Thirteen c intentionally killed Officer Sean Collier 18 U S C 3591 a 2 A Counts One Six Sixteen Seventeen Eighteen d intentionally killed Lingzi Lu 18 U S C 3591 a 2 A Counts One Four Five Six Nine Ten Fourteen and Fifteen e intentionally killed Martin Richard 18 U S C 3591 a 2 A Counts One Four Five Six Nine Ten Fourteen and Fifteen f intentionally inflicted serious bodily injury that resulted in the death of Marie Campbell 18 U S C -66- 359l a 2 B Counts One Two Three Six Seven Eight Twelve and Thirteen g intentionally inflicted serious bodily injury that resulted in the death of Officer Sean Collier 18 U S C 359l a 2 B Counts One Six Sixteen Seventeen Eighteen h intentionally inflicted serious bodily injury that resulted in the death of Lingzi Lu 18 U S C 3591 c 2 B Counts One Four Five Six Nine Ten Fourteen and Fifteen i intentionally inflicted serious bodily injury that resulted in the death of Martin Richard Counts One Four Five Six Nine Ten Fourteen and Fifteen j intentionally participated in an act contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person other than one of the participants in the offense and Marie Campbell died as a direct result of the act 18 U S C 3591 a 2 C Counts One Two Three Six Seven Eight Twelve and Thirteen k intentionally participated in an act contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person other than one of the participants in the offense and Officer Sean Collier died as a direct result of the act 18 U S C 359l a 2 C Counts One Six Sixteen Seventeen Eighteen l intentionally participated in an act contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person other than one of the participants in the offense and Lingzi Lu died as a direct result of the act 18 U S C 359l a 2 C Counts One Four Five Six Nine Ten Fourteen and Fifteen m intentionally participated in an act contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person other than one of the participants in the offense and Martin Richard died as a direct result of the act 18 U S C 359l a 2 C Counts One Four Five Six Nine Ten Fourteen and Fifteen n intentionally and specifically engaged in an act of violence knowing that the act created a grave risk of death to a person other than one of the participants in the offense such that participation in the act constituted a reckless disregard for human life and Marie Campbell died as a direct result of the act 18 U S C 3591 a 2 D Counts One Two Three Six Seven Eight Twelve and Thirteen o intentionally and specifically engaged in an act of violence knowing that the act created a grave risk of death to a person other than one of the participants in the offense such that participation in the act constituted a reckless disregard for human life and Officer Sean Collier died as a direct result -68- of the act 18 U S C 3591 a 2 D Counts One Six Sixteen Seventeen Eighteen p intentionally and specifically engaged in an act of violence knowing that the act created a grave risk of death to a person other than one of the participants in the offense such that participation in the act constituted a reckless disregard for human life and Lingzi Lu died as a direct result of the act 18 U S C 3591 a 2 D Counts One Four Five Six Nine Ten Fourteen and Fifteen q intentionally and specifically engaged in an act of violence knowing that the act created a grave risk of death to a person other than one of the participants in the offense such that participation in the act constituted a reckless disregard for human life and Martin Richard died as a direct result of the act 18 U S C 359l a 2 D Counts One Four Five Six Nine Ten Fourteen and Fifteen r knowingly created a grave risk of death to one or more persons in addition to the victim of the offense in the commission of the offense and in escaping apprehension for the violation of the offense 18 U S C 3592 c 5 Counts One through Ten and Twelve through Fifteen s committed the offense in an especially heinous cruel and depraved manner in that it involved serious physical abuse to _69_ the Victim 18 U S C 3592 c 6 Counts One through Ten and Twelve through Fifteen t committed the offense after substantial planning and premeditation to cause the death of a person and commit an act of terrorism 18 U S C 3592 c 9 Counts One through Ten and Twelve through Fifteen u intentionally killed and attempted to kill more than one person in a single criminal episode 18 U S C 3592 c 16 Counts One through Ten and Twelve through Fifteen 156 The Grand Jury realleges and incorporates by reference the general allegations in paragraphs 1 through 10 as well as the allegations in Counts One through Ten and Twelve through Eighteen of this Indictment as if fully set forth herein The Grand Jury further alleges with respect to the Counts specified after each allegation v The death and injury resulting in death of Marie Campbell occurred during the commission and attempted commission of and during the immediate flight from the commission of 1 an offense under 18 U S C 2332a use of a weapon of mass destruction and 2 18 U S C 844 i destruction of property affecting interstate commerce by explosives 18 U S C 3592 C l Counts One Two and Twelve -70- w The death and injury resulting in death of Officer Sean Collier occurred during the commission and attempted commission of and during the immediate flight from the commission of an offense under 18 U S C 2332a use of a weapon of mass destruction 18 U S C 3592 c l Count One x The death and injury resulting in death of Lingzi Lu occurred during the commission and attempted commission of and during the immediate flight from the commission of 1 an offense under 18 U S C 2332a use of a weapon of mass destruction and 2 18 U S C 844 i destruction of property affecting interstate commerce by explosives 18 U S C 3592 c 1 Counts One Four and Fourteen y The death and injury resulting in death of Martin Richard occurred during the commission and attempted commission of and during the immediate flight from the commission of 1 an offense under 18 U S C 2332a use of a weapon of mass destruction and 2 18 U S C 844 i destruction of property affecting interstate commerce by explosives 18 U S C 3592 c 1 Counts One Four and Fourteen and z The victim Martin Richard was particularly vulnerable due to youth 18 U S C 3592 c 11 Counts One Four Five Six Nine Ten Fourteen and Fifteen 71 FORFEITURE ALLEGATION 157 As a result of planning and perpetrating Federal crimes of terrorism against the United States as defined in 18 U S C 2332b g 5 and as alleged in Counts One Two Four Six Seven Eleven Twelve Fourteen Twenty Three Twenty Five Twenty 8even and Twenty Nine of this Indictment the defendant DZHOKHAR A TSARNAEV shall forfeit to the United States pursuant to Title 18 United States Code Sections 981 a 1 G and Title 28 United States Code Section 2461 a all right title and interest in all assets foreign and domestic b- all right title and interest in all assets foreign and domestic acquired and maintained with the intent and for the purpose of supporting planning conducting and concealing a Federal crime of terrorism against the United States citizens and residents of the United States and their property and c all right title and interest in all assets foreign and domestic derived from involved in and used and intended to be used to commit a Federal crime of terrorism against the United States citizens and residents of the United States and their property including but not limited to a sum of money -72 representing the value of the property described above as being subject to forfeiture Title l8 United States Code Sections 981 a 1 G and 2332b g 5 and Title 28 United States Code Section 2461 -73- A TRUE BILL Wk OF THE JURY l D WEINREB ALOKE CHAKRAVARTY NADINE PELLEGRINI Assistant U S Attorneys DISTRICT OF June 27 2013 Returned into the District Court by the Grand Jurors and filed DEPUTY CLERK