Review of Evidence Related to the Brnch Davidians

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 1.3 seconds.

The modification of the DM118A1 to the Sound and Flash round was accomplished

by drilling out the center of the DM118A1 projectile and inserting a “blast chamber

housing.” This blast chamber housing is a cylindrically shaped piece of aluminum,

which has a small hole in the center from the base up to just short of halfway where a

large open cavity then is bored to the mouth. The small hole is the delay column and

the large open cavity is for the report compound. The blast chamber housing is then

span into the projectile body and secured with “Loctite 270.”

8
The delay column uses a mixture of 80% silicium powder (Si) and 20% red lead (Pb3

04) to burn in the lower part of the hole through the base. This is ignited by the

cartridge propellant, which is a nitrocellulose. This delay charge burns at a consistent

rate and then ignites a column of pressed black powder. This in turn ignites the

report compound that consists of aluminum powder and potassium perchlorate. This

composition was being used by NICO in hand-held sound and flash devices, and the

company had done extensive testing of this composition with regards to fires, noise,

and flash. This composition did not start fires when tested on straw, a sofa, against

curtain material, and kerosene. It did ignite gasoline. These projectiles were NICO 40

mm x 46 sound and flash (S & F) cartridges of a prototype design, and there were

only approximately 1000 made in about 1990. The report (sound and flash) was

discharged from the nose of the projectile, and during testing, it was found that the

projectile could be propelled in an undesirable direction under certain circumstances.

The design was subsequently modified for volume production to correct this problem.

Projectiles marked 40 AG DM 118 A1 are no longer used for the basis of this

cartridge. Since these rounds were developed to NICO’s “Technical Specifications

and Acceptance Regulations” for U.S. Law Enforcement and not to MILSPECS; there

can be confusion in trying to identify these rounds.

These rounds were to provide law enforcement the ability to accurately place a

distraction device into a desired area even through a barrier if needed. The cartridge

should penetrate about 40 mm at 40 meters. The plastic nose will break on impact

when striking something hard. Peter McAULEY advised that reviewing the pictures

indicate that the projectile was utilized as designed and was aerially deployed without

making penetration of any barriers. Fred PICKLER inspected Q379 and Q380 in

Austin on 08-25-99 and concurred. The written correspondence I have received from

NICO is ATTACHMENT M and includes a diagram of the 40 mm X 46 (S & F) as

made in the prototype design like Q379 and Q380.

Peter McAULEY advised that due to the time involved it would take some time to find

customers records from 1990 that purchased the prototype cartridges. An engineer

at the German factory remembered possibly about 10 cartridges being sent to the

9
USA. He also recalls they may have been shipped through distributor FFE

International. This is Frost Family Enterprise International managed by Jack FROST.

FROST is a retired Colonel from the U.S. Army and has been a consultant for Mike

McNULTY and accompanied McNULTY at the DPS evidence locker. Mike

McNULTY advised that Col. FROST had delivered about 50 NICO cartridges to the

FBI HRT back in the early 1990’s, but Col. FROST also advised that Q379 and Q380

were made by ARGUS. Col. FROST also pointed out that Q379 and Q380 were

mislabeled as CS gas projectiles on the evidence packaging. Col. FROST was

correct about the mislabeled packaging; however, these projectiles do not seem to be

of ARGUS manufacture.

ARGUS is an Austrian Arms Company ARMATUREN GESELLSCHAFT, Phone E

437 673 27810. Mike McNULTY sent to me a diagram of the projectile he believes

Q379 and Q380 to be. The diagram of ARGUS 40 mm x 46 FLASHBANG 93 does

not appear to match. This diagram is ATTACHMENT N. Mike McNULTY also advised

me that his tests indicate that Aluminum powder, extruded iron oxide, and no

potassium perchlorate were in Q379 and Q380. This leads Mike McNULTY to

believe they were changed since potassium perchlorate is needed in a flashbang and

should be in the compound.

To address the issue of tampering or alteration of these projectiles, I had the DPS

Lab take samples for trace element testing from the nose and base of both Q379 and

Q380. For future comparison and identification, Q1237, Q379, and Q380 were

extensively photographed and ballistic evidence taken by the Lab.

I also learned how the NICO 40mm x 46 S & F cartridge is made and functions and

how the XM651E1 functions. Shell casing, Q1237, is a M118 shell casing, which

expels gases from the high pressure chamber in the center of the case, toward the

inside of the case wall into the low pressure chamber. This places pressure on the

base of the projectile, which is held into the case by a crimp at the case mouth. The

pressure at the base of the projectile will overcome the crimp and the projectile will

be propelled out the barrel. Projectiles Q379 and Q380 are fired from another type

10
casing which forces gases straight up into the base of the projectile and into a low

pressure chamber until a predetermined level of pressure is reached. The projectile

is held to the casing by a threaded column at the high pressure chamber. At the

predetermined level of pressure, the threaded column breaks, and the projectile

moves down the barrel and the delay column is ignited. These two separate

deploying systems are not easily compatible with each other, and it seems very

unlikely that Q1237 had anything to do with Q379 and Q380.

The NICO 40mm x 46 S & F report composition is of potassium perchlorate and

aluminum powder. The potassium perchlorate is water soluble and both Q379 and

Q380 were exposed to the outside elements for an unknown period of time. It is also

unknown what type of tests were performed on Q379 and Q380 before I took custody

of them. Also, since chemicals change physical states and molecular composition

during a chemical reaction, I asked for assistance from the Director of the DPS Crime

Lab Ron URBANOVSKY. He advised that he would research what chemical

elements need to be searched for to determine if Potassium perchloate was present

before the report composition was ignited.

By learning of the manner in which the NICO 40mm x 46 S & F cartridge is made, it is

not easily altered, although it is not impossible. From what I have learned, Q379 and

Q380 do not appear to have been altered; however, until all tests are completed and

chemical evidence compared and evaluated, it cannot be concluded.

Mike MCNULTY has advised me that other evidence held by DPS is crucial to

proving some of his suspicions that the FBI and ATF have not been truthful in their

account of the Branch Davidian investigation. Mike McNULTY advised:

A. That flash bangs had been misidentified as firearm silencers and, thus,

overlooked as key evidence in the investigation of the fire;

B. That a “watch cap” worn by Michael SCHROEDER, who was killed on 02-28-93,

may contain powder residue showing he was shot at close range contradicting

the shooting report;

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C. That a “shape charge” may have been placed on the concrete roof of the

“bunker” at the bottom of the tower, and that a bedroll found in the “bunker,”

which was not totally consumed by the fire, may contain trace elements of the

explosive compound from the “shape charge” and;

D. That video tapes and pictures could be key in identifying elite military personnel

such as Delta Force personnel who were at the scene.

As per your instruction, when all the evidence is inventoried for transfer to the Clerk

of the U.S. District Court for the Western District of Texas, the above items of

evidence will be identified and boxed separately with other significant evidence. This

will clearly identify this evidence for easy access for future investigators.

Also, Mike McNULTY has questioned .308 Winchester cases located at the

undercover house, which may show that the FBI snipers fired rounds on 04-19-93.

The under cover house A and B were located near the Mount Carmel Center and

were used by law enforcement officials prior to the ATF raid on February 28, and

during the stand-off between the Davidians and law enforcement. The recovery of

these casings was reported by Ranger Sergeant Ronny GRIFFITH in Report

RF093021-U.12. A manila envelope marked U-12 contains this report, the original

handwritten report, and notes and photographs of the scene. In the report, Sgt.

GRIFFITH reports the recovery of:

A. Twelve (12) .308 F.C. cases and twenty four (24) .223 IMI cases recovered at

Undercover House A;

B. Three (3) .45 cal. shell casings recovered between Undercover House A and

B; and,

C. One (1) 22-250 casing recovered in the driveway of Undercover House B.

These casings will also be placed with the above evidence.

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Also, as reported to you earlier in this report, part of an M583A1 “WHITESTAR”

parachute flare was found among the evidence. Since this is incendiary in nature, it

and all the other flares identified will be separated and boxed.

In concluding this first report to you, I am including a copy of a letter I received on 08-

31-99 from AUSA Bill JOHNSTON to Attorney General Janet RENO giving his

perspective on this investigation. With AUSA JOHNSTON’S permission, this letter is

ATTACHMENT O.

I will keep you informed by memorandum, as efforts continue to locate and identify

questionable evidence, including the M 651 projectile. Also, when test results and

other outstanding information is received, I will report to you promptly.

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http://www.txdps.state.tx.us/director_staff/public_information/branch_davidian/to%20casteel%20090999.pdf
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[PDF] Branch Davidian Memorandum
... BRUNE, and myself traveled to Waco and located these. ... account of the Branch Davidian
investigation ... during the stand-off between the Davidians and law enforcement ...
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Includes requirements for application to the Rangers. ...
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