-Caveat Lector- -------------------------------- Here's what Ron Cole says in "Sinister Twilight." (This background is necessary to understand the insufficiency of the warrant). -------------------------------- Origination of the Investigation Late in May of 1992, Chief Deputy Sheriff Daniel Weyenberg of the McLennan County Sheriff's Department contacted the Austin office of the Bureau of Alcohol Tobacco and Firearms (ATF). Deputy Sheriff Weyenberg was suspicious abut various UPS boxes that had been received at the Mag Bag, a building that was used by the Branch Davidians and David Koresh to receive packages and mail. According to Weyenberg, the Mag Bag had received shipments of "military type surplus items" such as practice grenades. Weyenberg further spiced up the story by explaining to the ATF, that David Koresh had been arrested for attempted murder in the George Roden Shootout in 1987. He explained that Koresh and his friends had been caught wearing camouflage and face paint, which was a total fabrication. Weyenberg also explained how he had seen the Branch Davidians constructing a huge bomb shelter next to the main building on Mt. Carmel. This "bomb shelter" was of course the tornado shelters that were a part of the new construction plan along with the swimming pool. In reality, the tornado shelters had wooden roofs and were to have been covered with abut one foot of dirt. They would not have been able to support the weight of a car, let alone any sort of bomb! This reality, however, escaped Deputy Sheriff Weyenberg. As a result of this information presented to the ATF, Special Agent Davy Aguilera, with the help of the Assistant U.S. Attorney in Waco, Bill Johnson, began inquiries into the activities of David Koresh and those living at Mt. Carmel. By June 9, 1992, an investigation was officially opened by ATF although no new evidence had surfaced other than the word of Weyenberg. On June 15, Aguilera presented his information, or lack of it, to the Special Agent in charge of the Austin ATF office, Philip Chojnacki. Chojnacki classified the investigation as "routine" which meant that Aguilera did not have to keep his superiors advised of the case. According to the Treasury Department's investigation of the ATF that was released in October of 1993, however, the investigation was classified "sensitive." Such a classification would require that the higher levels in ATF would have t be kept informed of the case throughout the investigation. The Treasury Department must have taken Chojnacki at his word, and never bothered to check the records. The initial Report of Investigation, written by Agent Aguilera and signed by Agent Chojnacki, is classified "routine" as of July 23, 1992. Aguilera was given a free reign to do what he pleased. Aguilera set out to obtain invoices from the companies that did business with David Koresh. Olympic Arms, makers of the AR-15 and AR-15 components, cooperated fully with the ATF. Nessard Gun Parts also cooperated fully with Aguilera and presented ATF with invoices of parts ordered by the Mag Bag or David Koresh. It was discovered that 60 AR-15 magazines and several AR-15 upper receivers were ordered from Nessard Gun Parts. Later on, Olympic Arms provided Aguilera with a complete list of the parts ordered. The Mag Bag had ordered 106 AR-15 upper receivers including barrels. At about this time, the friend of a local gun dealer told Aguilera that his dealer friend had bragged about selling a "bunch" of AK-47s (semi-auto) to David Koresh. One month into the investigation, and there was still no sign of illegal activity. Just the same, the investigation pressed on. Agent Aguilera soon discovered that the Mag Bag had received a shipment of black powder. This was considered by Aguilera to be an explosive that constituted evidence that someone at Mt. Carmel was constructing bombs or live hand grenades. However, black powder is sold in sporting goods stores across the U.S. for use in ammunition reloading, and it was for that purpose that the black powder was purchased. In any case, black powder is a poor explosive because it has a slow burn time. The ATF also discovered that there was a lathe and a milling machine located in Mt. Carmel. It was believed that these common metal working tools constituted evidence that machine guns were being manufactured! A lathe would have the capability to produce a gun barrel, although it would not be able to rifle it, and a milling machine could produce a variety of parts from rough metal castings. However, it would be extremely difficult to build a working gun of any kind with these two tools, not to mention a safe one. Since most machine guns include large stamped parts, including the receivers, and Mt. Carmel did not boast one of these large, expensive, stamping machines, they would have been unable to build the machine guns Agent Aguilera so often mentioned. The machines could have been used to produce flash hiders, firing pins and other such parts, but these parts could have been purchased from the manufacturers. Further "evidence" of illegal activity surfaced when the Sheriff Department received a call from a man living near Mt. Carmel. This man, who claimed to be a WW2 veteran, complained that he had heard "spurts" of gunfire coming from the Mt. Carmel property. He also claimed that he heard machine gun fire. This report was forwarded to the ATF and served to strengthen the case of Agent Aguilera. However, Aguilera tactfully omitted, in his report, that the Sheriff's Dept. had followed up the initial complaint with an investigation. That investigation ended when it was discovered that David Koresh had purchased several Hellfire trigger devices. These devices use the recoil of a rifle to increase the rifle's rate of fire. The device has no real practical use beyond affording the shooter the sensation that he is firing a machine gun, because the rifle must be fired from the hip in order for the Hellfire to operate correctly. Therefore, the shooter would be unable to hit the broadside of a barn with it! the device also includes an authorization paper from the ATF, citing that it is legal, and in fact ATF approved! Further, it was discovered, although Aguilera did not include it in his investigation, that David Koresh had called the Sheriff's Department prior to his purchase of the Hellfire device. David asked the Sheriff, who was a personal friend, if the device was legal and he was told that it was. It was only then that David went ahead with the purchase of the Hellfire. For someone who allegedly cared so little abut the law, David made a point to follow it every step of the way! Nonetheless, on December 4, 1992 the ATF held a meeting to discuss the execution of a raid on Mt. Carmel that would end, one way or the other, with the arrest of David Koresh and the search of the premises. Despite the fact that the ATF planners knew that at least 75 men, women and children resided at Mt. Carmel, they did not ever consider arresting David Koresh off the property. In fact, it was decided that they would attempt to raid while David was gone! Then the ATF came to the conclusion that David never left the property (which was totally false), and so from that point on no other alternative, besides a massive frontal assault on the home, was considered. On January 11, 1993, the ATF established an observation post in a vacant house across the street from Mt. Carmel. Four ATF agents took up residence in this house that was "liberated" from its landlord. One of the four, Special Agent Robert Rodriguez, was given the assignment of infiltrating Mt. Carmel. He was to become as close as possible to David Koresh and learn as much as possible about his activities and the orientation of the building. Within two weeks, Rodriguez had made contact with David. He reported back to the observation post after each encounter, and every time his fellow agents had to work to keep him from bursting at the seams. Rodriguez had failed to produce any new evidence, except to report that David had shown him a video put together by the Gun Owners of America, that portrayed the ATF as a run-amuck organization bent on destroying the rights of Americans. Further, Rodriguez was showing signs that he was sympathetic with David Koresh and believed his Bible teachings. Rodriguez later admitted that it were not for the brainwashing of his ATF companions back at the undercover house, he could never have completed his assignment. Next.........."Warrant of Agent Davy Aguilera" DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. 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