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For your reading pleasure: Diesel arrested.
Former Member
Posts: 1,876,323 The Mix Honorary Guru
http://seattletimes.nwsource.com/html/localnews/2002181564_gilbert16m.html
Now... I know that it will be lost upon many of you, but... there was a REASON that there were no interchanges between "Diesel" and myself after he re-surfaced, here. The same reason that I have avoided ANY internet site where the person has posted, for the last two years. I knew the nature of the person - in the REAL world - and that person is NOT me, regardless of how easy it is for some of you who would prefer to think so...
Carry on.
Wednesday, February 16, 2005 - Page updated at 10:42 a.m.
Feared Seattle property manager is arrested; dozens of guns seized
By Maureen O'Hagan and Michael Ko
Seattle Times staff reporters
TOM REESE / THE SEATTLE TIMES
Federal agents remove firearms, ammunition, computers and other items from the home where Keith Gilbert was arrested yesterday. Agents stacked and sorted the guns on Gilbert's lawn. Roosevelt High School, seen at left, is one block north. The school is closed for renovation.
For years, Keith D. Gilbert has cut a wide swath in the Roosevelt neighborhood where he managed a collection of rental properties, neighbors say.
They say that since the early 1990s, Gilbert, a convicted felon and outspoken member of the Aryan Nations who once spent time in prison for plotting to kill Dr. Martin Luther King Jr., had intimidated, threatened and sued neighbors so often that his presence became "a total cancer."
"Everyone was scared to death of him," said Pat Strosahl, former president of the Roosevelt Neighborhood Association. "For years we tried to get action on him but nobody would really do anything."
But Gilbert today is in federal custody, charged with selling automatic weapons to an undercover informant and being a felon in possession of a firearm, charges that carry a maximum penalty of 10 years in prison and a $250,000 fine. Gilbert, 65, has prior convictions for assault, drug distribution and other crimes.
A friend of Gilbert's, William D. Heinrich, 50, also is charged with being a felon in possession of a firearm.
Gilbert and Heinrich were arrested early yesterday morning by federal agents who swooped down on their Roosevelt-neighborhood homes with search warrants. Agents spent most of the afternoon at the homes seizing and cataloging evidence that included dozens of weapons and piles of ammunition.
Out on Gilbert's front lawn, in front of a growing crowd on the sidewalk, the agents stacked and sorted dozens of guns — mostly assault rifles of all shapes and sizes, but also numerous pistols. Hundreds of ammunition clips and bullets were neatly arranged in clear-plastic storage bins.
Also arrested, in Grays Harbor County, was 44-year-old John P. Hejna, who is accused in a separate case of selling plastic explosives to the same informant.
Two other men charged in the explosives case remain at large: Barton L. Carter and Alen J. Long.
It is unclear what, if any, connection authorities have between the explosives case and the weapons charges, except that the same informant was used in each case.
According to charging papers, the informant told an agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives that Gilbert was involved in selling firearms, something he was prohibited from doing because of his felony convictions. The informant bought two machine guns from Gilbert, and the transactions were recorded and videotaped, the documents state.
Heinrich, who lived around the corner from Gilbert near Roosevelt High School, offered to sell the informant a 9 mm handgun, according to the documents.
There are no allegations in the charging documents suggesting the men had plans to do anything with the weapons other than sell them.
Gilbert, however, has a history that has caused considerable concern among neighbors for years.
He was arrested in 1965 and convicted of possessing 1,400 pounds of stolen dynamite and plotting to use it to blow up a Hollywood stage where King was making a speech. After serving five years in prison, Gilbert moved to Idaho and struck up a relationship with Aryan Nations leader Richard Butler. The two later had a falling-out.
Gilbert later founded the Socialist Nationalist Aryan People's Party, which considered Adolf Hitler a prophet. He tried to recruit members from Butler's organization; Butler once alleged that Gilbert was behind a bombing at the Aryan Nations compound in the early 1980s.
In the mid-1980s Gilbert was convicted in Idaho of interfering with housing rights through force or threat. According to a federal court opinion, Gilbert sent hate mail to an adoption agency that placed black children with white families. Later, Gilbert nearly ran down one of the adopted children with his car and sicced his St. Bernard on another, according to a federal indictment.
Gilbert claimed that the hate mail was protected speech. The federal court disagreed, saying the letter was clearly a threat.
"Evidence at Gilbert's trial showed that he was a racist and a bigot, that he believed White Aryans should not be in contact with any other race, that he believed children born to parents of differing races were not human, and that he embraced some Nazi doctrine," the opinion said. "The letter was accompanied by posters calling for a revolution — a term fraught with violence — and advocating lynch mobs, the shooting of black miscegenists, and the hanging of whites."
Gilbert later moved into the Roosevelt neighborhood and formed a business relationship with well-known Roosevelt-area landlords Hugh and Drake "Ducky" Sisley. At one point he oversaw dozens of Sisley properties. Neighbors say Gilbert, who sports a unkempt ZZ Top-style beard and long ponytail, helped carry out evictions and other business for the Sisleys.
"He came into our house and tried to evict us with about five of his goons," Taavi McMahon recalled of an incident in the mid-1990s over Gilbert's attempt to suddenly raise the rent. When McMahon called police, Gilbert used another tactic: He filed for a protection order against McMahon, claiming that McMahon had threatened him. When that didn't work, Gilbert sued.
After a legal battle that lasted several years, McMahon said, he was vindicated.
When contacted yesterday, Drake Sisley's wife said her husband was no longer associated with Gilbert. Neither Sisley brother returned telephone messages.
Former officials of the Roosevelt Neighborhood Association tell stories similar to McMahon's.
For example, the association suggested some zoning changes that would have affected property the Sisleys and Gilbert wanted to develop. Although the changes were never adopted by the city, Gilbert sued neighborhood officials anyway, claiming racketeering and civil-rights violations. The case was thrown out, but not before a considerable court fight.
Said neighbor Jerry Alexander of the arrest, "It's something we've longed for for years."
Times researcher Miyoko Wolf and The Associated Press contributed to this report.
Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com
Now... I know that it will be lost upon many of you, but... there was a REASON that there were no interchanges between "Diesel" and myself after he re-surfaced, here. The same reason that I have avoided ANY internet site where the person has posted, for the last two years. I knew the nature of the person - in the REAL world - and that person is NOT me, regardless of how easy it is for some of you who would prefer to think so...
Carry on.
0
Comments
NOT in the least.
I had the misfortune to know BOTH Gilbert and his sidekick, in real life.
For me? Two years ago they ceased to walk amongst the living.
The federal investigation was ongoing 18 months ago, that I knew of.
http://www.gunsnet.net/album/data//500/2786Dnepr_2_9_-med.jpg
Sorry. You have a stricture against posting photos, correct?
Edited photo to a link...
what a read!
what a character!
i never did like the guy ...
cheers globe.
Bloody hell :eek2:
What sort of time is he looking at? I'm hoping that an 18 month investigation will at least produce the equivalent in years.
Give my congratulations to those involved. Good work indeed, I have every sympathy for the people in that community having to live amongst that kind of evil.
Blimey, never thought Diesel was a Nazi, strange..........
I don't understand the subtext about the proximity to the school, are they suggesting somehting could have happened there?
He was going to assassinate Martin Luther KIng!!!! :shocking:
Bonkers........
Thanks for that Thanatos- a very interesting read indeed!
Funnily enough, neither did I. I know that he had a think about muslims but I just assumed that was part of bravado on these boards and refelected the apparent anti-muslim stance of the neo-cons and media over there. Didn;t realise it was so ingrained.
That bit struck me too.
A sad reflection on US politics I suspect... seems like the gun has been the solution too often in the past (and present!)
Notwithstanding his occasional anti-muslim threads (and I wouldn't blame Amara for having a little chortle at this news) and views about glass and Baghdad, the only thing that struck me as curious about Diesel was his reference to doing legal research for prisoners' rights. I suspected that he was working from the other side of the bars, and I guess I was right.
Getting arrested for firearms offences, though? In America? What's this world coming to? If he was still the racist he was all those years ago, he was a lot more subtle about it. I always took him to be far too smart to dismiss as a simple troll.
The Guns Network dudes appear to be gobsmacked, too...
From the description Diesel is like that shop owner who in the basement has illegal weapons and Nazi litterature.
I hope they won't soften up his sentence due to age. Such a man deseves to rot up.
Diesel's "solution" for MLK Jr was not "a gun", but... 1400 lbs of stolen dynamite. That qualifies him not as a John Hinckley type assassine, but as a terrorist, whether the term was in use in the 1960's, or not.
If you think it a hoax? Contact The Seattle Times newspaper. There was a reason I posted that link; want some more?
Video link: http://www.komotv.com/news/story_m.asp?ID=35278
Originally posted by R. Skinner
Magistrate Judge Benton
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA
Plaintiff,
v.
KEITH D. GILBERT,
Defendant
MAGISTRATE'S DOCKET NO.
CASE NO.
05-66M
COMPLAINT for VIOLATION
Title 18, United States Code,
Sections 922(g)(1) and (o), and Title 26, United States Code, Section 5861(d)
BEFORE Monica J. Benton, United States Magistrate Judge, United States Courthouse, 700 Stewart Street, Seattle, Washington.
COUNT 1
(Felon in Possession of a Firearm)
Between about July 8, 2003, and about March 9, 2004, at Seattle, in the Western District of Washington, KEITH D. GILBERT, having been convicted of crimes punishable by imprisonment for a term exceeding one year, to wit: Receiving Stolen Property and Violation of Section 12353 of the California Health and Safety Code, in Los Angeles County Superior Court, Case No. 318482, on June 10, 1966; Assault with a Deadly Weapon, in Los Angeles County Superior Court, Case No. 294739, on September 26, 1966; and Distributing Methelyne Dimethoxy Amphetamine, a Schedule I Non-Narcotic Controlled Substance, in the United States District Court for the District of Hawaii, Case No. CR73-13266, on September 9, 1974, did knowingly possess in and affecting commerce a firearm, to wit: a .223 caliber SAR-1 AK semi-automatic rifle, serial number S3-09858-2002; a 7.62 x 39 mm SAR-1 semiautomatic AK rifle, serial number S1-57858-2002; a 7.62 x 39 mm automatic AK-47 rifle, serial number 637; and a 5.45 x 39 mm AK-74 automatic rifle, serial number 82-2112826, that had been shipped and transported in interstate and foreign commerce.
All in violation of Title 18, United States Code, Sections 922(g)(1) and 924(c).
COUNT 2
(Possession of a Machinegun)
On or about April 8, 2004, at Seattle, within the Western District of Washington, KEITH D. GILBERT, knowing possessed a machinegun (a 7.62 x 39 mm automatic AK-47 rifle, serial number 637).
All in violation of Title 18, United States Code, Section 922(o).
COUNT 3
(Possession of an Unregistered Firearm)
On or about April 8, 2004, at Seattle, within the Western District of Washington, KEITH D. GILBERT, knowingly possessed a firearm, to wit: a machinegun (a 7.62 x 39 mm automatic AK-47 rifle, serial number 637) not registered to him in the National Firearms Registration and Transfer Record.
All in violation of Title 26, United States Code, Section 5861(d).
COUNT 4
(Possession of a Machinegun)
On or about August 18,. 2004, at Seattle, within the Western District of Washington, KEITH D. GILBERT, knowingly possessed a machinegun (a 5.45 x 39 mm automatic AK-74 rifle, serial number 82-21122826).
All in violation of Title 18, United States Code, Section 922(o).
COUNT 5
(Possession of an Unregistered Firearm)
On oru about August 18, 2004, at Seattle, within the Western District of Washington, KEITH D. GILBERT, knowingly possessed a firearm, to wit: a machinegun (a 5.45 x 39 mm automatic AK-74 rifle, serial number 82-21122826), not registered to him in the National Firearms Registration and Transfer Record.
All in violation of Title 26, United States Code, Section 5861(d).
And the complainant states that this complaint is based on the following information:
1. I, BRIAN M. DOWNEY, am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). I currently am assigned to the Federal Bureau of Investigation (FBI) Joint Terrorism Task Force (JTTF), Seattle, Washington. I have been employed as a Special Agent for 27 years. As such, I have conducted numerous investigations into the unlawful possession of firearms by convicted felons and unlawful possession of unregistered machineguns. This Complaint is based on my own investigation, as well as on my review of reports prepared, and information provided to me, by other law enforcement officers.
2. I am familar with federal firearms laws and know that it is a violation of Title 18, United States Code, Section 922(g)(1) for any convicted felon to possess any firearm that has traveled in interstate commerce. I also know that it is a violation of Title 18, United States Code, Section 922(o) for any person to possess a machinegun, a term that is defined to include
any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and inteded solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled.
see 18 U.S.C. 921(a)(23) (adopting definition of machineguns in National Firearms Act); 26 U.S.C. 5845(b) (providing that definition), unless that machinegun was lawfully possessed before 1986.
3. Finally, I know that it is it is a violation of Title 26, United States Code, Section 5861(d), for any person to possess certain types of firearms, unless those firearms are registered to the person in the National Firearms Registration and Transfer Record. I also know that, pursuant to Title 26, United States Code, Section 5845(a), firearms which must be so registered in the National Firearms Registration and Transfer Record include machineguns.
4. In May of 2003, ATF Special Agent Mark Stites developed a Confidential Witness (C-1). Since that time, the government has paid CW-1 a substantial amount of money. I have reviewed National Criminal Information Center (NCIC) and Interstate Identification Index (III) printouts for CW-1. According to thosee documents, CW-1 was convicted of three non-violent felonies from 1978 to 1986. CW-1 has not had any arrests since 1986, and is not currently on probation or parole. To date, all of the information that CW-1 has provided appears to have been truthful. Much of it has been corroborated, and none has proven untruthful.
5. CW-1 reported that, several years ago, he sold a handgun to KEITH D. GILBERT for several hundred dollars. CW-1 also reported that GILBERT had several other firearms and was involved in selling firearms. I have reviewed court documents that show that GILBERT, whose date of birth is December 7, 1939, and whose social security number is 467-56-8836, was convicted of Receiving Stolen Property and Violation of Section 12353 of the California Health and Safety Code, in Los Angeles County Superior Court, Case Nu. 318482, On June 10, 1966; Assault with a Deadly Weapon, in Los Angeles County Superior Court, Case No. 294739, On September 26, 1966; and Distributing Methelyne Dimethoxy Amphetamine, a Schedule 1 Non-Narcotic Controlled Substance, in the United States District Court for the District of Hawaii, Case No. CR73-13266, on September 9, 1974. These crimes are punishable by imprisonment for more than a year.
6. Law enforcement agents asked CW-1 to attempt to purchasee a firearm from GILBERT, and CW-1 asked GILBERT to sell him an AK-74. According to CW-1, on July 8, 2003, GILBERT offered to sell CW-1 an AK rifle for $450.00. Federal law enforcement agents directed CW-1 to purchase the rifle. According to CW-1, CW-1 then gave GILBERT $445.00 That evening, GILBERT met with CW-1. That meeting was captured on videotape by building surveillance cameras. The videotape shows GILBERT removing a rifle from the trunk of his car, wrapping it in a blanket, and carrying the rifle in a plastic shopping bag into CW-1's office. According to CW-1, once in GILBERT's office, GILBERT gave the rifle and seven loaded magazines to CW-1. CW-1 subsequently described the rifle to law enforcement agents as a 7.62 caliber SAR-1 AK semi-automatic rifle bearing serial number S1-57858-2002.
7. After GILBERT had left, CW-1 determined that the magazines provided by GILBERT did not fit into the AK rifle. As a result, according to CW-1, on July 9, 2003, CW-1 advised GILBERT of the problem with the magazines. According to CW-1, GILBERT agreed to replace the rifle with the correct model. According to CW-1, GILBERT advised CW-1 to leave CW-1's office open, so that GILBERT could exchange the rifle for the correct one. CW-1 subsequently left his office.
8. GILBERT's actions later that evening were again captured on building-security videotape. That videotape shows GILBERT parking in front of CW-1's office, removing what appears to be a rifle wrapped in a towel from the trunk of his car, and entering CW-1's office. The videotape also shows GILBERT returning to his car and placing what appears to be another rifle wrapped in a towel back into the trunk of the car, before driving awa. According to CW-1, when CW-1 returned to the office later that evening, the first AK rifle had been replaced with a different AK rifle. According to CW-1, on July 12, 2003, GILBERT delivered a folding stock, a fifle scope, and a .223 ammunition for the new rifle to CW-1.
9. On July 10, 2003, CW-1 described the replacement rifle to law enforcement agents as a .223 caliber SAR-1 AK semi-automatic rifle bearing serial number S3-09858-2002. On July 18, 2003, CW-1 provided the AK rifle to law enforcement. I have examined the rifle, which matches CW-1's description. The rifle has been tested and is functional. An ATF trace of the rifle reveals that it was manufactured in Romania and was sold by Federal Way Discount Guns in Federal Way, Washington, on August 31, 2002, to a William Lee Burdett. I have reviewed toll records for GILBERT's celluarl phone, which is number (206) 295-0540. Those records show a telephone call to Burdett's phone, number (253)833-2814, on July 8, 2003.
10. According to CW-1, on February 19, 2004, CW-1 inquired about purchasing two additional rifles from GILBERT and GILBERT responded "I assume you want those without papers." According to CW-1, on March 4, 2004, GILBERT offered to sell CW-1 two new "Ishmesh" AK-47 rifles for $4,000.00 apiece. According to CW-1, GILBERT told CW-1 that the rifles belonged to an associate of GILBERT's named Sergey Zarodnyuk. According to CW-1, on March 7, 2004, GILBERT telephoned CW-1. During this conversation, GILBERT offered to sell CW-1 an AK-47 semi-automatic rifle, with a conversion template and parts to allow it to be converted to function as a full automatic (i.e. to fire multiple bullets based upon a single trigger pull) for $600.00. GILBERT told CW-1 that this rifle was coming from "Gus."
11. Later on March 7, 2004, GILBERT and CW-1 spoke again. This conversation was recorded with CW-1's consent. During the conversation, GILBERT stated that Gus' weapon already was built, and that all the CW-1 needed to do was to change the operating arm. GILBERT also stated that Zarodnyuk's guns were rare collectors' items and that one was an AK-47 and the other an AK-74. On March 8, 2004, GILBERT and CW-1 spoke again. This conversation also was recorded with CW-1's consent. During the conversation, GILBERT stated that he was waiting for CW-1 to come up with $600.00 for a rifle.
12. On March 9, 2004, agents provided CW-1 $600.00 to purchase the AK-47 rifle that was to come from Gus. According to CW-1, GILBERT subsequently came to CW-1's office, and CW-1 paid this money to GILBERT. CW-1 recorded video footage of their meeting. That footage shows CW-1 giving GILBERT what appears to be a large amount of cash. Later that day, CW-1 and GILBERT spoke again. Their conversation was recorded with CW-1's consent. During that conversation, GILBERT told CW-1 that he had talked the owner of the rifle down from $650.00 to $600.00. The two men also discussed a 5.45 caliber AK-74 firearm.
13. Later that same night, law enforcement agents conducting surveillance observed CW-1 enter GILBERT's residence at 1408 NE 65th Street, Seattle, Washington. There, according to CW-1, GILBERT gave CW-1 an SAR-1 AK semi-automatic rifle in a gun case, as well as a magazine and a template and parts to convert the rifle to be fully automatic. Law enforcement agents observed CW-1 leave the housee carrying an object under a blanket. Shortley thereafter, CW-1 provided a rifle, template, and parts to law enforcemt agents that he reported had come from GILBERT. GILBERT's meeting with CW-1 was recorded with CW-1's consent. During that conversation, GILBERT told CW-1 that GILBERT had not checked to see if the operating arm for the AK rifle was "full."
14. According to CW-1, on March 10, 2004, GILBERT came to CW-1's office and retreived the gun case that had held the gun that GILBERT had sole to CW-1 the previous day. CW-1 recorded video footage of this meeting. That footage shows GILBERT in CW-1's office, and shows GILBERT picking up what appears to be a gun case from a shelf and taking it with him from the office.
15. I have examined the AK rifle provided to law enforcement by CW-1 on March 9, 2004. That rifle is a 7.62 x 39 mm SAR-1 AK rifle that bears serial number S1-57858-2002 (the same rifle originally sold by GILBERT to CW-1 in July 2003). The rifle was tested and oufnd to be functional. The rifle has been fingerprinted, but no prints of comparison value were found. An ATF trace of the rifle purchased from GILBERT on March 9, 2004, reveals that the firearm was manufactured in Romania and was sold by Federal Way Discount Guns in Federal Way, Washington, on December 23, 2002, to Burdett.
16. During the second half of March 2004, GILBERT had a series of conversations with CW-1. Each of these conversations was recorded with CW-1's consent. On March 15, 2004, CW-1 expressed interest in the two AK firearms GILBERT previusly had offered for sale. On March 18, 2004, GILBERT told CW-1 that the price for a Russian-made "Izhevsk" AK-47 rifle was $4,000. On March 26, 2004, CW-1 asked whether he could take photographs of the guns, and GILBERT told CW-1 that the owner of the guns would not permit this. On March 29, 2004, GILBERT explained that the owner, whom he described as Russian, was "paranoid." On March 30, 2004, GILBERT told CW-1 that GILBERT would bring over a book with photographs of one of the AK firearms GILBERT was selling.
17. On April 6, 2004, agents provided CW-1 $4,000.00 to purchase an AK-47 from GILBERT. On April 7, 2004, GILBERT met with CW-1 and paid GILBERT the money. The meeting was recorded, including on video, with CW-1's consent. The video shows CW=1 giving GILBERT money, and GILBERT placing that money in a fanny pack. According to the audio recording, during the meeting, CW-1 asked "how much money is it," and GILBERT responded "$4,000.00." GILBERT also told CW-1 "this is what you get for $4,000, without the bayonet." According to CW-1, GILBERT showed CW-1 a picture of a gun in a book while making this statement. At the end of the meeting, GILBERT told CW-1 that GILBERT would "try to get this to [him] witin 24 hours."
18. According to CW-1, on April 8, 2004, GILBERT called CW-1 and told CW-1 that GILBERT "ha[d] his goodies." Shortly thereafter, GILBERT brought the gun to CW-1. The meeting between GILBERT and CW-1 was recorded, including on videotape, with CW-1's consent. The videotape shows GILBERT entering CW-1's office with a long, flat cardboard box. It shows CW-1 removing an AK-type weapon from the box and examing the weapon. According to the audio recording, GILBERT told CW-1 to "start it up." Immediately after this, the recording contains the sound of a rifle receiver being worked up. GILBERT also told CW-1 "[t]hat's a rare item" and said "f you want the other one, don't dabble." GILBERT also told CW-1 that GILBERT needed the box back because "it goes to a Colt." Following the meeting, CW-1 provided the AK-47 to law enforcement agents.
19. Law enforcement agents conducted surveillance of GILBERT before and after the meeting. Before the meeting, agents observed GILBERT enter Zarodnyuk's residence at 6515 15th Avenue NE in Seattle, then walk out a few minutes later carrying a long cardboard box and walk across 15th Avenue in the building at 6514 NE Avenue that contains CW-1's office. A few minutes later, following the meeting, agents observed GILBERT reemerge, again with the box, and walk back towards the parking lot at Zarodnyuk's residence. Still a few minutes later, agents saw GILBERT return to his own home without the box.
20. I have examined the AK-47 rifle provided to law enforcement by CW-1 on April 8, 2004. That rifle is a 7.62 x 39 mm AK-47 rifle that bears serial number 637 and a factory mark from the Izhevsk Arsenal in Russia. The markings indicate that the rifle was manufactured in 1969. The rifle has a selcteor lever with indicators on the receiver for semi-automatic and automatic fire. The rifle has been tested by ATF's Firearms Technology Branch and found to operate as a machinegun (i.e., to shoot more than one shot based upon a single trigger pull). The rifle has been fingerprinted, but no prints of comparison value were found.
21. On April 10, 2004, and April 12, 2004, GILBERT spoke with CW-1. Those conversations were recorded with CW-1's consent. During the conversations, GILBERT asked CW1 whether he had shot the AK rifle and said that it was "a beautiful rifle." On May 12, 2004, GILBERT agains spoke with CW-1. That conversation was recorded with CW-1's consent. During the conversation, GILBERT told CW-1 to make a decision on the purchase of an AK-74 automatic rifle that GILBERT said belonged to Zarodnyuk. The price for the AK-74 was to be $4,500.00.
22. On July 5, 2004, CW-1 spoke with GILBERT. This conversation was recorded with CW-1's consent. CW-1 told GILBERT that he had saved $4,000.00 to buy the new AK rifle. During the same conversation, GILBERT also offered to sell CW-1 silencers. CW-1 experssed an interest in buying a silencer for the AK rifle. GILBERT responded that a silencer could be build, but would cost $1,000.00.
23. On August 18, 2004, law enforcement agents provided CW-1 $4,500.00 to purchase an AK-74 rifle from GILBERT. According to CW-1, GILBERT had told CW-1 that after GILBERT was paid, GILBERT would retreive the rifle from "Yuri." According to CW-1 that same day, GILBERT met with CW-1 at CW-1's residence. According to CW-1, during the meeting CW-1 paid GILBERT $4,500.00 to purchase the AK-74 rifle. The meeting was recorded with CW-1's consent.
24. On August 18, 2004, law enforcement agents conducting surveillance observed GILBERT return to the CW-1's residence carrying a green field jacket. According to CW-1, during the meeting, GILBERT removed a black case from the jacket and handed it to the CW-1. The black case contained an AK-74 rifle and a magazine. According to CW-1, GILBERT said that the rifle had been delivered by "Sasha." CW-1 provided the AK-74 rifle and magazine to law enforcement agents. The meeting between GILBERT and CW-1 was recorded, again with CW-1's consent.
25. I have examined the AK-74 rifle provided by CW-1 to law enforcement on August 18, 2004. That rifle is a 5.45 x 39 mm rifle and bears serial number 82-2112826 and a factory mark from the Izhevsk Arsenal in Russia. The rifle has a selector lever with indicators on the receiver for semi and automatic fire. The rifle has been test-fired by the Firearms Technology Branch of ATF. Although the rifle fed more than one round from the magazine based upon a single trigger pull, the rifle's bolt failed to full seat rounds from the magazine unless the bolt was forced forward. Nevertheless, the Firearms Technology Branch colcluded that, the AK-74 comprised the "frame or receiver" of a machinegun and therefore still falls within the definition of a machinegun.
26. I have received training concerning the origin, function, and marking requirements relative to the documentation of the history of firearms. Based upon that training, I have determined that none of the .223 caliber SAR-1 semiautomatic AK rifle, serial number S3-09858-2002; 7.62 x 39 caliber SAR-1 semiautomatic rifle, serial number S1-57858-2002; 7.62 x 39 caliber "Ihevsk" AK-47 automatic rifle, serial number 637, caliber 7.62 x 39 mm; and 5.45 x 39 caliber "Izhevsk" AK-74 automatic rifle, serial number 82-2112826 was manufactured in the State of Washington. As a result, each traveled to the State of Washington in foreign and interstate commerce.
27. I have caused a search to be made of the National Firearms Registration and Transfer Record in Washington, DC. That search shows that no firearms, and specifically no machineguns, are, or have been, registered to Keith D. GILBERT.
28. Based on the foregoing, I submit that there is probably cause to believe that KEITH D. GILBERT has committed violations of Title 18, United States Code, Section 922(g)(1) and (o), and 26 United States Code, Section 5861(d).
BRIAN M. DOWNEY, Complainant
Special Agent, ATF
Based on the Complaint sworn to before me, and subscribed in my presence, the Court hereby finds that there is probable cause to believe that the defendant committed the offense(s) set forth in the Complaint.
DATED: this 14 day of February, 2005.
MONICA J. BENTON
United States Magistrate Judge
Sorry, point of clarification. Living by "the gun" doesn't necessarily mean that literally, but more that the use of force would be employed...
Oh you have agreed with me before. Your resentment of me is quite a new phenomenon