Tsarnaev Verdict – Guilty Counts Explained

Boston Bomber Guilty on all Counts

April 8, 2015 – The trial of Boston Bomber suspect Dzhokhar Tsarnaev has been closely watched by the nation, and around the world. Although the trial itself is well outside the purview of what we do here, federal criminal law is all we focus on (in general).

Bomber Tsarnaev convicted

Boston Bomber

By now, most interested Americans know that a jury returned a verdict of “guilty” today on all 30 counts against Tsarnaev.1 What is uncommon, and clumsily explained by the main media outlets reporting on it, are the specifics of the charges, and what penalties each carry.

Tsarnaev caused the deaths of four innocent people: Krystle Marie Campbell,2 Officer Sean Collier,3 Lingzi Lu,4 and Martin Richard. (Richard’s family page regarding information on him and the rest of the Richard family can be found on Tumblr here)) The sections below are an exhaustive list of the charges against the Boston Bomber, Dzhokhar Tsarnaev, short details directly from the federal indictment against him, and the penalties that coincide with them.

A quick note: Under the penalties below, when “any term of years” of prison time is allowed by law, the United States Sentencing Guidelines Manual. is used to calculate those years. “Any term of years” doesn’t mean the judge can give as little or as much as he wants with limitless discretion.5

Charges Against Tsarnaev

 

Count 1: Conspiracy to Use a Weapon of Mass Destruction Resulting in Death

A violation of 18 USC §2332a(a)(2)

Paragraph 11 of the federal indictment6 starts the detailed description of the acts that constitute a conspiracy between Dzhokhar and his brother, Tamerlan. This conspiracy resulted in the death of four people, a run from law enforcement, and a shootout that ended in his capture. Here’s a short quote from the indictment document.

[They] “knowingly conspired…to use a weapon of mass destruction, namely, a destructive device as defined by [18 USC §921] without lawful authority, against a person and property in the United States…”

Penalties: A defendant convicted of a violation of this statute “shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.”

Count 2: Use of a Weapon of Mass Destruction Resulting in Death; Aiding and Abetting

A violation of 18 USC §2332a(a)(2) and 18 USC §2

Paragraph 41 of the indictment against Tsarnaev cites this statute as his role in aiding his now-deceased brother to carry out the bombing. 18 USC §2 is a general statute that details the acts that constitute aiding and abetting any crime under federal criminal law.

“…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…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.”

Penalties: Aiding and Abetting for Count 1 carries the same penalties. A prison term up to life, and eligibility for the death penalty.

Count 3: Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death; Aiding and Abetting

Violations of 18 USC §924 (penalties in (j)); 18 USC §2

Paragraph 44 begins the description of how Tsarnaev used a firearm in furtherance of a crime of violence. The “firearm” here is the bomb he used, not a gun. The result of death for this count is the murder of Krystle Marie Campbell.

Penalties: Any person who is convicted of using a firearm during a crime of violence and causes death can “be punished by death or by imprisonment for any term of years or for life.”

Count 4: Use of a Weapon of Mass Destruction Resulting in Death; Aiding and Abetting

Identical to count 2, except charged separately for the murders of Lingzi Lu and Martin Richard. Penalties are the same as count 3, namely, prison time or death.

Count 5: Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death; Aiding and Abetting

Identical to count 4, except for the use of the second bomb, which caused the murders of Martin Richard and Lingzi Lu. Penalties are prison time or death.

Count 6: Conspiracy to Bomb a Place of Public Use Resulting in Death

A violation of 18 USC §2332f(a)(1)

Paragraph 57 of the indictment changes the scope and angle of the charges. The title of this section of §2332f is “Bombings of places of public use, government facilities, public transportation systems and infrastructure facilities.” The resulting death in this charge refers to all four murder victims.

Penalties: A defendant convicted of a violation of this statute “shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.”

Count 7: Bombing of a Place of Public Use Resulting in Death; Aiding and Abetting

A violation of 18 USC §2332f(a)(1) from count 6, with 18 USC §2 added

A short section of the indictment charging Tsarnaev of aiding his brother in the furtherance of the conspiracy to bomb a public place. Penalties for this charge again include the death penalty.

Counts 8 & 13: Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death; Aiding and Abetting

A violation of 18 USC §924 and 18 USC §2

This is a 924 charge specifically for the death of Kristal Marie Campbell for bombs number 1 and 2.

Count 9: Bombing of a Place of Public Use Resulting in Death; Aiding and Abetting

A violation of 18 USC §2332f(a)(1) from count 6, with 18 USC §2 added

This is a 2332f charge specifically for the deaths of Lingzi Lu and Martin Richard, using bomb #2.

Counts 10 & 15: Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death; Aiding and Abetting

A violation of 18 USC §924 and 18 USC §2

This is a 924 charge specifically for the deaths of Lingzi Lu and Martin Richard, using bomb #2.

Counts 11 & 12: Conspiracy to Maliciously Destroy Property Resulting in Personal Injury or Death

A Violation of 18 USC §844(i) and (n)

From paragraph 81 of the indictment:

“The Grand Jury…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.”

“The Grand Jury further charges that the offense…resulted in the deaths of Krystle Marie Campbell, Officer Sean Collier, Lingzi Lu, and Martin Richard”

Penalties under subsection (i):

“…if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment”

Count 14: Malicious Destruction of Property Resulting in Personal Injury and Death; Aiding and Abetting

In Violation of 18 USC §844(i) and 18 USC §2

Similar to counts 11 & 12, but for the actions, not the conspiracy to commit those actions. Penalties remain the same, as above.

Counts 16 -18: Possession and Use of a Firearm During and in Relation to a Crime of Violence Resulting in Death; Aiding and Abetting

A violation of 18 USC §924 and 18 USC §2

This is a 924 charge specifically for the death of Officer Sean Collier for a Ruger P95 9mm semiautomatic handgun. Two of these charges latch to the conspiracy to create and place the two bombs, and 17 is specifically for the possession and use of the Ruger.

Penalties remain prison time or death.

Count 19: Carjacking Resulting in Serious Bodily Injury; Aiding and Abetting

A violation of 18 USC §2119(2) and 18 USC §2

From paragraph 117 of the indictment, 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 ML350 bearing Massachusetts license plate 137N71 and VIN 4JGDA5HB1DA193885.”

This charge specified the theft of victim “D.M.” who remains anonymous in the indictment, and the injury caused to Officer Richard Donohue.

Penalties for this charge include prison time, calculated by the sentencing guidelines, but a maximum of 25 years in prison.

Count 20: Possession and Use of a Firearm During and in Relation to a Crime of Violence; Aiding and Abetting

A violation of 18 USC §924(c) and 18 USC §2

This count specifies Tsarnaev’s carrying and brandishing of his Ruger handgun during the carjacking from Count 19, that resulted in the injury to Officer Richard Donohue.

Penalties for this count carry a minimum sentence of 7 years in federal prison.

Count 21: Interference with Comerce by Threats and Violence; Aiding and Abbetting

A violation of 18 USC §1951 and 18 USC §2

From paragraph 123 of the indictment, 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 (“ATM”) debit card and personal identification number (“PIN”) 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.”

This charge carries no minimum prison sentence, but a maximum of 20 years in prison.

Count 22: Possession and Use of a Firearm During and in Relation to a Crime of Violence; Aiding and Abetting

A violation of 18 USC §924(c) and 18 USC §2

This charge was levied from the actions detailed in count 21, while Tsarnaev was in possession and brandishing his Ruger.

As in Count 20, the minimum penalty for this charge is 7 year in prison.

Count 23: Use of a Weapon of Mass Destruction; Aiding and Abetting

A violation of 18 USC §2332a(a)(2) and 18 USC §2

This details the construction of another bomb and its use against pursuing law enforcement…

“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.”

Penalties for this charge, again, include a prison term (up to and including life) and the death penalty,

Count 24: Possession and Use of a Firearm During and in Relation to a Crime of Violence; Aiding and Abetting

A violation of 18 USC §924(c) and 18 USC §2

Tsarnaev used his third bomb while brandishing both it and the Ruger while law enforcement was in pursuit.

Punishment for this charge is another 7 years, minimum.

Count 25: Use of a Weapon of Mass Destruction; Aiding and Abetting

A violation of 18 USC §2332a(a)(2) and 18 USC §2

“DZHOKHAR A. TSARNAEV and Tamerlan Tsarnaev used an explosive device constructed from a section of pipe, low explosive powder, and other materials (“pipe Bomb #1″) 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…”

This bomb was a pipe bomb used against law enforcement, not a pressure cooker bomb, like in earlier (single-digit) counts. Different bomb, different location. Same penalties.

Count 26: Possession and Use of a Firearm During and in Relation to a Crime of Violence; Aiding and Abetting

A violation of 18 USC §924(c) and 18 USC §2

This count was charged because of the possession and brandishing, and this time for discharging, of the Ruger and bomb #1 in count 25.

Because the firearm(s) was/were possessed, brandished, and discharged, the minimum penalty for this charge is 10 years in prison with no maximum.

Count 27: Use of a Weapon of Mass Destruction; Aiding and Abetting

A violation of 18 USC §2332a(a)(2) and 18 USC §2

“DZHOKHAR A. TSARNAEV and Tamerlan Tsarnaev used an explosive device constructed from a section of pipe, low explosive powder, and other materials (“pipe Bomb #2″) 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…”

This is a second pipe bomb, but the same base charge as count 25. Same penalties.

Count 28: Possession and Use of a Firearm During and in Relation to a Crime of Violence; Aiding and Abetting

A violation of 18 USC §924(c) and 18 USC §2

This count was charged because of the possession and brandishing, and this time for discharging, of the Ruger and pipe bomb #2 in count 27.

Because the firearm(s) was/were possessed, brandished, and discharged, the minimum penalty for this charge is 10 years in prison with no maximum.

Count 29: Use of a Weapon of Mass Destruction; Aiding and Abetting

A violation of 18 USC §2332a(a)(2) and 18 USC §2

“DZHOKHAR A. TSARNAEV and Tamerlan Tsarnaev used an explosive device constructed from a section of pipe, low explosive powder, and other materials (“pipe Bomb #3″) 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…”

This is a third pipe bomb, but the same base charge as count 25 and 27. Same penalties.

Count 30: Possession and Use of a Firearm During and in Relation to a Crime of Violence; Aiding and Abetting

A violation of 18 USC §924(c) and 18 USC §2

This count was charged because of the possession and brandishing, and this time for discharging, of the Ruger and pipe bomb #3 in count 29.

Because the firearm(s) was/were possessed, brandished, and discharged, the minimum penalty for this charge is 10 years in prison with no maximum.

  1. this will open the door to an entirely new type of trial. A jury decision on imposing the federal death penalty []
  2. view her tribute facebook page here []
  3. view his tribute facebook page here []
  4. view her tribute facebook page here []
  5. Federal judges are subject to a standard called “reasonableness” []
  6. docket document #58 []