ousman mohammednur affidavit

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IN THE UNITED STATES DISTRICT COURT F O R T H E EAS TER N DIS TRI CT O F VIRGINIA I ,™"7 20" I f . . . Alexandria Division UNITED STATES OF AMERICA CRIMINAL NO. _/_JljOUjlf) UB©ER=«£5L . / >. / . - USMAN MOHAMMEDNUR, Defendant. AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT A N D ARREST WARRANT I, La rry Be st , being duly sworn, depose and state: INTRODUCTION 1. I haveservedfor over23 yearsas a memberof the Metropolitan Poli ceDepartment (MPD) in Washington, D.C. I am currently assigned as a Task Force Officer with the Joint Te rr ori sm Task Force (JTTF) at the FBI' s Washington FieldOffice. Duringmylawen fo rc emen t career as a patrol officer, detective, and member o f the JTTF, I have been involved in hundreds o f investigations for weapons offenses, violent crime, terrorism, and other violations o f the criminal codes o f th e District o f Columbia an d the United States. 2. Thisaffidavit is su bm it ted in su pp or t of a criminal co mp lain t char gi ng OUSMAN MOHAMM EDNUR wi th a hoax, in vi ola tion of 18U.S.C. § 1038, for knowinglyengagingin cond uc t with intentto convey false and mi slea di ng in format io n wheresuch in fo rmat io n may reasonably be believed and wh er e such info rmat ion indicates that an ac ti vi ty has taken, is taking, or will take place that woul d consti tute a violation of 18 U.S.C. § 33, namely, placing an explosive on a motor vehicle used in interstate commerce. Case 1:11-mj-00118-T CB Document 3 Filed 02/07/11 Page 1 of 5

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Page 1: Ousman Mohammednur Affidavit

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IN THE UNITED STATES DISTR ICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA I , ™ " 7 20"I f ...

Alexandr ia Divis ion

UNITED STATES OF AMERICA

CRIMINAL NO. _/_JljOUjlf)

UB©ER=«£5L . / >. / .-USMAN MOHAMMEDNUR,

Defendant.

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT

I, Larry Best, being duly sworn, depose and state:

INTRODUCTION

1. I haveservedfor over 23 yearsas a memberof the Metropolitan PoliceDepartment

(MPD) in Washington, D.C. I am currently assigned as a Task Force Officer with the Joint

Terrorism TaskForce (JTTF) at the FBI'sWashington FieldOffice. Duringmy lawenforcement

career as a patrol officer, detective, and member of the JTTF, I have been involved in hundreds

of investigations for weapons offenses, violent crime, terrorism, and other violations of the

criminal codes of th e District of Columbia an d the Uni ted States.

2. Thisaffidavit is submitted in support of a criminal complaint charging OUSMAN

MOHAMMEDNURwith a hoax, in violationof 18U.S.C. § 1038, for knowinglyengaging in

conduct withintentto convey false andmisleading information wheresuch information may

reasonably be believed and where such information indicates that an activity has taken, is taking,

orwill take place that would constitute a violation of 18U.S.C. § 33, namely, placing an

explosive on a motor vehicle used in interstate commerce.

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3. This affidavit is based onmypersonal knowledge, information conveyed tomeby

other lawenforcement officers andgovernment officials, andmyreviewof documents and

recordsobtainedduringthe courseof this investigation. This affidavitcontains information

necessary to support probable cause anddoes not include eachand every fact andmatter

observed bymeor knownby the government.

FACTS ESTABLI SH ING PROBABLE CAUSE

4. The Washington Metropolitan Area Transit Authority (often referred toasMETRO) is

an interstate agency created by the District ofColumbia, Maryland, and Virginia. The agency

manages a comprehensive mass transit system forthegreater metropolitan area. Aspartofthat

mass transit system, the agency operates a fleet of rail cars andbuses to transport passengers.

5. At around 6:50 a.m. on Thursday, December 9,2010, MOHAMMEDNUR boarded a

busat the King StreetMETROstation in Alexandria,Virginia,within the EasternDistrict of

Virginia. Hewas carrying a black backpack with him. The bus had an estimated fifteen to

twentypassengerson board. As one of the passengersbegan to sit down,MOHAMMEDNUR

abruptly maneuvered behind that personto take his seat. Simultaneously, MOHAMMEDNUR

tossed a glove down the aisle of the bus.

6. MOHAMMEDNUR then announced, "You know that I have a 9 millimeter and a

bomb." In a louder voice, he repeated that he had a 9 millimeter and a bomb. As

MOHAMMEDNUR looked around the bus,he placed his hand intohis pocket. The busdriver

observed thatMOHAMMEDNUR had a bluewirenearoneof the fingers of the handhe had

partially insertedinto his pocket. The bus driveraskedhim why he had put his hand in his

pocket. MOHAMMEDNUR pulled out a pair of glasses. MOHAMMEDNUR stated, "You

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know there will beawar, I'll beone of the generals, and Imake my own decisions." At that

point, the bus driver decided to feign amechanical problem with the bus in order to get the

passengers offthe bus. He announced, "The bus won't start, this bus is not going any place."

7. When MOHAMMEDNUR stepped offthe bus, the bus driver followed him and kept

his eyesfocused onMOHAMMEDNUR. MOHAMMEDNUR askedthe busdriverwhathe was

looking at. The bus driver, noting an object inMOHAMMEDNUR's mouth (apparently a

toothpick), asked him what itwas for. MOHAMMEDNUR responded, "Don't worry about that,

itwon't be long." MOHAMMEDNUR asked for acigarette from the bus driver, who replied

that hedid not smoke. MOHAMMEDNUR then stated, "I killed two last night."

8. The bus driver walked to the rear of the bus and opened the hood to the engine to

continue the ruse thatthebushad been disabled bymechanical problems. MOHAMMEDNUR

approached thebus driver andstated, "Youknow God doesn't like people to lie." Thebusdriver

proceeded toward the METRO station kiosk to have the station manager contact the police. The

bus driver walked a number of steps and turned around because he thought MOHAMMEDNUR

might shoot him. The bus driver told MOHAMMEDNUR that he was going tocall the police,

and he responded, "okay." The busdrivertelephoned thepolice.

9. As hebegan towalk backto the bus fromthe METROstationkiosk,thebus driver

saw another passenger indicate with a tilt of his head where MOHAMMEDNUR was now

located. The bus driver turned, walked up toMOHAMMEDNUR, and asked ifhe had found a

cigarette. MOHAMMEDNUR replied, "That's not important now because itwon't be long."

The bus driver believed MOHAMMEDNUR had a bomb and was about to detonate it. The bus

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driver saidto him, "Yousaidthatyoukilled two. Who didyoukill?" MOHAMMEDNUR

responded, "Spirits. I don't harmor kill people, not yet."

10. During his encounterwith MOHAMMEDNUR, the bus driver feared for his safety

and the safety ofhis passengers. Based onMOHAMMEDNUR's statements and conduct, the

busdriver reasonably believed thatMOHAMMEDNUR possessed a bomb.

11. Inresponse to the bus driver's call, police officers from theWashington Area

Metropolitan Transit Authority arrived and arrested MOHAMMEDNUR. After taking

MOHAMMEDNUR into custody, thepolice officers noted that heappeared tobedisoriented and

incoherent, and theydroveMOHAMMEDNUR to the hospital for a mental healthevaluation.

MOHAMMEDNURwas subsequentlyadmitted to themental healhward at INOVAMount

Vernon Hospital.

CONCLUS ION

12. Based on the foregoing, there is probable cause to believe that on or about December

9,2010, in the Eastern District ofVirginia, OUSMAN MOHAMMEDNUR unlawfully and

knowingly engaged inconduct with intent toconvey false and misleading information where

such information was reasonably believed and where such information indicated that an activity

was taking place that constituted a violation of 18 U.S.C. §33,namely, placing anexplosive ona

METRO bus used in interstate commerce.

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Swornto and subscribed before me

thisrZ-tiay ofFebruary, 2011.

sa Carroll Buchanan

United StatesMagistrate JudgeHonorable Theresa Carroll Buchanan

United States Magistrate Judge

Detective Larry Best, MPD

Task Force Officer

FBI Jo in t Te rro ri sm Task Force

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