Review of Evidence Related to the Branch Davidian Investigat

TEXAS RANGERS
Review of Evidence Related to the Branch Davidian Investigat
Wed Mar 8, 2006 22:12

TEXAS RANGERS

DEPARTMENT OF PUBLIC SAFETY

INTEROFFICE MEMORANDUM

DATE: 9/10/99

DIVISION: Ranger

TO: Chief Bruce Casteel, Headquarters, Austin

FROM: Sergeant Joey D. Gordon, Company “F”, Llano

SUBJECT: Review of Evidence Related to the Branch Davidian Investigation

On 06-14-99, you assigned me to review the evidence, which is held by the Texas

Department of Public Safety, Texas Ranger Division, File No. RF093021 (Capital

Murder – Steve WILLIS W/M, Age 32 on 02-28-93), this being the Branch Davidian

investigation in Waco. There is approximately 24,000 pounds of evidence stored both

in Waco and in Austin. My instructions were to review the evidence in Austin and

notify you of any significant evidence identified. You also informed me of a piece of

evidence which was questionable, a 40 mm shell casing found by Ranger Sergeant

George TURNER in Sector EC1 at the Mt. CARMEL Center. I began to review the

tapes and photographs provided to me by Ranger Captain Charlie BRUNE. It should

be noted that the photographs that I viewed were only a portion of the total

photographs taken. It is my understanding that the FEDERAL BUREAU OF

INVESTIGATION (FBI) had taken all of the 35 mm film, negatives, and, reference

material into their possession and only a limited number of photographs were

returned to the Texas Department of Public Safety.

Before the review of all evidence provided by Captain BRUNE was completed, an

investigation of the 40 mm shell casing was initiated in order to identify it. Sergeant

TURNER had already provided you with an explanation as to his locating it and the

explanation of its use that was provided to him by the Federal Bureau of

Investigation. Sgt. TURNER’S report to you, an aerial photograph of Mt. CARMEL

Center, and a diagram with sectors drawn on it is ATTACHMENT A. In Sgt.

TURNER’S report, the 40 mm shell casing is identified as EXHIBIT Q1237. Sgt.

TURNER reported that FBI Special Agent Rick CRUM checked on Q1237, and

advised that the shell casing did belong to the FBI. Sergeant TURNER also reported

that CRUM said it had been fired after obtaining permission, in an attempt to knock a

door down so gas could be dispensed. Sgt. TURNER also collected 40mm

“FERRET” liquid CS casings and knew that Q1237 was different. ATTACHMENT B is

photographs of an expended casing, projectiles, and packaging of “FERRET” rounds.

The shell casing Q1237 is a green-colored metal 40 mm shell casing which has six

(6) square shouldered notches or cuts equally spaced located around the rim and

has the ink markings:

AMM LOT NO. NCI

3 - 38 - 1 0769

40 mm M118 HA-32-9-68

On 07-22-99, I took custody of Q1237 to begin to fully identify it. I had digital

photographs taken of Q1237, which is ATTACHMENT C, to aid in its identification.

On 07-30-99, I had the DPS Laboratory collect trace element samples from Q1237

for future analysis as needed. ATTACHMENT C contains the packaging and all items

found with the 40 mm shell casing.

I enlisted the assistance of the U.S. Army, U.S. Army Research and Development

Engineering Center (ARDEC), and Rock Island Arsenal among others to help in

identifying Q1237.

The first two lines in the above marking are in red ink and the third or bottom line is in

black ink. The markings in red identify the completed round as: ammunition from Lot

number NCI 3-38-1, which was made by Northrop Carolina, Inc. in July of 1969.

Investigation revealed that Northrop Carolina, Inc. (NCI) of P.O. Box 3049, Asheville,

North Carolina was opened on 09-21-65 and merged with another company on 03-

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26-79. In 1998, C.T. Corporation of 225 Hillsbough Street, Raleigh, North Carolina,

reserves the NCI trademark. However, on 07-30-99 C.T. Corp. advised that NCI was

in name only and no records of the original company were known.

A military “Ammunition Data Card” was located for Lot number NCI 3-38; this is

ATTACHMENT D. This data card indicates that the production for lot number NCI 3-

38 was begun on 07-29-69 and was completed and shipped on 08-11-69. This data

card would indicate that NCI 3-38 munitions correspond to Q1237 shell casing’s

markings and are within a three (3) day period of time, thirty (30) years ago. The

differences between Q1237 and the Data Card for Lot NCI 3-38 are that the casing

for Q1237 is made by “HA” not NCI, and there is a “–1” in the Lot number on Q1237.

The data card shows that the casings for NCI 3-38 were to be made by NCI and

there is no “-1”.

The third line in black ink on the shell casing indicates it is a 40 mm casing, the

casing model number is an M118; it was made by HA, in lot number 9-32 in

September of 1968. The “HA” is Harvey Aluminum, Inc. of 19200 Southwest Avenue,

Torrance, California. Investigation revealed that Harvey Aluminum is now an inactive

company and is now part of Martin Marietta Aluminum Division at 19600 Southwest

Avenue, Torrance, California. No data card for Lot number NCI-3-38-1 could be

found; however, the “-1” could be explained due to HA cases being used to complete

the order originally using NCI cases. This alteration would require a change be

reflected in the lot number, hence the “-1”. This was confirmed when original loaded

cartridges of lot number NCI 3-38-1 were located at the Pine Bluff Arsenal in Pine

Bluff, Arkansas by Criminal Investigator Terence “O’D” O’DONNELL of the

Department of Defense Industrial Operations Command, Rock Island Arsenal.

Investigator O’DONNELL ordered two (2) of these cartridges held for this

investigation. Ranger Sergeant Howard DUNHAM took custody of these two (2)

cartridges on 09-07-99. Investigator O’DONNELL had e-mailed to me photographs of

one of these live cartridges from lot number NCI 3-38-1,and these photographs are

ATTACHMENT E.

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These cartridges are early experimental M651 rounds used by the U.S. Government.

They are designated under item nomenclature as CTG. 40 mm XM651E1, CS. The

DODIC is B567 and the National Stock Number (NSN) is 1310-00-849-2083. This

corresponds with the exact data found on the Ammunition Data Card for Lot Number

NCI 3-38. The data card indicates that Diagram 122-2-6 would be of the XM651E1

cartridge. Diagram 122-2-6 is ATTACHMENT F and matches Q1237.

I obtained an Operator’s Manual for NSN 1310-00-849-2083, the 40 mm TACTICAL

CS, M651. To be more accurate in information about an older cartridge, I obtained

Technical Manual TM 3-1310-243-10 from January 1975, which is ATTACHMENT

G. This manual indicates that this cartridge has a projectile that delivers a CS agent

and is fired from a 40 mm casing. This casing has six equally spaced notches

located around the cartridge case base. When fired, the projectile disperses CS into

the atmosphere by the burning of a pyrotechnic mixture. The manual, on page 10,

reports the burning time to be 20 to 30 seconds, and the projectile carries 53 grams

or 2 ounces of CS agent –pyrotechnic mixture. This projectile is gray in color with a

red band. The red indicates that this is a non-persistent-effect irritant agent.

The manual states, on page 11, that the M651 cartridges are not explosives rounds;

however, a malfunctioning projectile may explode upon impact. The M651 projectile

is reported capable of penetrating window glass and up to ¾ inch pinewood at 200

meters and then delivering the CS agent. The max range is 400 meters. The

manual for the M651 cautions that the projectile will cause injury to personnel in its

path when fired. The diagram on page 7 and the description of the cartridge

identification on page 14 indicate that the cartridge nomenclature should be marked

on the base of the case. However, a note on page 14 also indicates that the lot

number and nomenclature may be on the side of the case, which is consistent with

Q1237.

No reference or fire hazard warning is provided in the manual, so I asked Investigator

O’DONNELL to research what he could about tests conducted when the M651 was

being developed to determine the realistic degree of hazards of starting a fire. On 08-

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31-99, Investigator O’DONNELL advised me that he had consulted Ray JOHNSON

who is currently the DECON/MUNITIONS Team Leader for the Soldier’s Biological

Chemicals Command at Rock Island Arsenal. JOHNSON advised that they had not

explored the fire hazard of the M651 because it was known to cause fires. The

projectile burns at 500 to 700 degrees Fahrenheit, and is capable of igniting

flammable items. JOHNSON also advised that the military had no official definition of

a pyrotechnic round but that the M651 was considered a pyrotechnic round by the

military.

Investigator O’DONNELL also advised that no shipping records could be found on lot

number NCI 3-38-1. These records are normally maintained for two (2) years.

It was of interest that Investigator O’DONNELL advised me on 08-27-99, that

numerous inquiries from the news media and FBI personnel had been made to

arsenals about the M651 and the fire potential following the news events of the

preceding days.

I also requested that Investigator O’DONNELL research and provide me with a

breakdown of the active ingredients in the M651. His report to me is ATTACHMENT

H. It reports that the active ingredient in the M651E1 is: CS = o-

Chlorobenzalmalononitrile (Mil-R-51029C) and the pyrotechnic mixture is the

standard fuel/oxidizer/coolant formulation used on many smoke munitions. This

being:

Agent (CS)

40%

Fuel (Sugar)

18%

Oxidizer (Potassium Chlorate) 27%

Coolant (Magnesium Carbonate) 12%

Binder (Nitrocellulose) 3%

On 09-03-99, I received a Technical Data Packet (TDP) for the XM651E1 round from

Investigator O’DONNELL. It is included as an ADDENDUM to ATTACHMENT H;

because of its irregular size and is printed separately.

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During my review of the photographs in evidence, I found a photograph of a projectile

that is gray with a red band lying in water. A copy of this photograph is

ATTACHMENT I. There is no location number or photographer identified on the

photograph. I had the lab photographers look at the photograph and none recalled

taking the photograph. DPS Photographer Mike HOLLE advised that he took some

photographs in an area with standing water which was near the bottom of Sector F or

the top of Sector A, and he advised that he could have taken the photograph. DPS

Photo Lab personnel advised that they had made detailed notes on each photograph

taken, and they could give the location, photographer, settings, and other detail

information about each picture. However, the FBI had taken all their notes and

negatives and this left them with nothing to reference. It should be noted that in the

photographs and videos of the Mt. Carmel Center taken after the fire, I observed

standing water in numerous locations.

The gray/red banded projectile in the photograph, ATTACHMENT I, appears to be

expended and has a brown/black (tar-colored) mark on the ogive. The projectile is

not burned and is not a cooked-off round. Documentary filmmaker Mike McNULTY

was unable to find this projectile in the DPS evidence when he searched for it. At this

time, it is unknown what the photographed projectile’s “Q” number or evidence

number is; however, it is physically the same as the projectile to be mated with

Q1237.

Ranger Lieutenant James MILLER, who was in charge of evidence collection at

Waco, looked through his notes and records and found two (2) items in evidence held

at Waco that could possibly be the gray and red-banded projectile. C548 was labeled

as a ”fired tear gas projectile” and C596 was labeled as a “fired tear gas shell.” On

09-03-99, Lt. MILLER, Capt. BRUNE, and myself traveled to Waco and located these

items; however, neither were the gray and red-banded projectile. C548 was an

expended “FERRET” projectile, and C596 was the capsule of a M583A1

“WHITESTAR” parachute flare which was found in Sector F-C6A by Ranger Sergeant

George FRAISER (now retired).

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To conduct a proper search for this and other items, a detail inventory of all evidence

will be made in preparation for release to the Clerk of the United States District Court

for the Western District of Texas.

The location where the shell casing Q1237 was found may have no relationship to

where it was fired. The shell casing was recovered in Sector E by Sgt. TURNER. It is

possible that this is where one of the FBI’s Hostage Rescue Team’s (HRT) armored

vehicles was cleaned out following the assault on the Mt. CARMEL Center by the use

of 40 mm “FERRET” rounds.

Two other pieces of evidence held to be fully identified were two 40 mm projectiles

identified as Q379 and Q380 which were recovered by Sgt. FRAISER in Sector F.

These projectiles are similar in make, markings, size, and dimensions to each other.

They differ in degree of exposure. Both have been fired and expended, and both

have a black plastic nose covering the ogive, which is unbroken. One projectile

shows more scratches and marks on this plastic covering than the other. “40 AG DM

118 A1” is stamped into the base of both projectiles. Neither projectile is burned nor

are they cooked off rounds, and both have rifling marks made by lands on the

rotating band, meaning they have been fired from a weapon. I had digital

photographs made of one of these projectiles to aid in identification. These

photographs are ATTACHMENT J.

The measurements and the stampings of these projectiles are not standard and are

inconsistent with each other; therefore, military records and JANES INFORMATION

GROUP were unable to identify them. I made a diagram of the measurements of

these projectiles, which is included as ATTACHMENT K.

During the investigation to identify these projectiles, Q379 and Q380, I made contact

with Fred PICKLER and Peter McAULEY of NICO Pyrotechnik. I provided them with

the photographs in ATTACHMENT J. After viewing the photographs and consulting

with the NICO German engineers, Peter McAULEY advised that the projectile did

appear to be of NICO manufacture.

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Peter McAULEY further advised that during the early 1990’s, U.S. Law Enforcement

was inquiring about a sound and flash projectile that could accurately be deployed

and cause a distraction in special situations. The FBI had been one of those law

enforcement agencies that were making inquiries. NICO already made a DM118 A1

round for the German Army that was a practice round. This round was a 40 mm

cartridge that propelled a projectile with a tracer compound in the base and an

orange “impact signature” marker compound in the nose. The DM 118 A1 would fire

at about 78 meters per second, leave a visible tracer to the rear and then an orange

chalk mark upon impact. These projectiles were of aluminum construction and had a

black plastic covering over the ogive. The stamping on the base means it is a 40

mm, the AG is an abbreviation for cartridge/practice or training cartridge in German,

DM is the international designation for German manufacture, 118 is the German

Army’s number for this training round, and the A1 designates that it has been

modified or is a newer version than the original DM 118. I received a diagram and

information on the DM 118A1 from ARDEC and it is ATTACHMENT L.

To facilitate the U.S. Law Enforcement request for a sound and flash cartridge, NICO

used the 40 AG DM118 A1 projectiles, which they already made, to modify for the

sound and flash cartridges. These projectiles were modified to hold a report

composition in the nose, which would make a flash and sound similar to a “flash

bang” but of less intensity, about 130 dBA. These projectiles had no tracer capability

and would discharge at about 100 meters or 1

Review of Evidence Related to the Branch Davidian —TEXAS RANGERS, Wed Mar 8 22:15