Boston Marathon bombing suspect Dzhokhar Tsarnaev has been charged with conspiring to use a weapon of mass destruction against persons and property in the United States resulting in death, the US attorney’s office in Boston said this afternoon.
Tsarnaev’s initial court appearance was conducted today by a federal magistrate judge in his hospital room, said Gary H. Wente, circuit executive for the federal courts in the First Circuit.
Tsarnaev also faces a charge of malicious destruction of property by means of an explosive device resulting in death, prosecutors said.
The charges carry the possibility of the death penalty or life in prison for the 19-year-old man, who is in serious condition at Beth Israel Deaconess Medical Center.
The federal public defender’s office has been assigned to the case. Miriam Conrad, the chief public defender, had no comment.
“Although our investigation is ongoing, today’s charges bring a successful end to a tragic week for the city of Boston and for our country,” said Attorney General Eric Holder. “We’ve once again shown that those who target innocent Americans and attempt to terrorize our cities will not escape from justice. We will hold those who are responsible for these heinous acts accountable to the fullest extent of the law.”
An affidavit filed in support of the charges by an FBI agent investigating the case provided a new window into the case — and the evidence law enforcement has collected connecting Tsarnaev to the deadly bombs that ripped through the happy crowds on the Marathon finish line on April 15, killing three and injuring more than 170.
The affidavit said that, based on reviews of surveillance video and photos and videos provided by the public, Tsarnaev stood for four minutes next to a bomb he had placed on the ground in front of the Forum Restaurant on Boylston Street.
He had a cellphone in his hand and appeared to take a photograph of the bomb on the sidewalk before he walked away, the affidavit said.
“Approximately 30 seconds before the first explosion, he lifts his phone to his ear as if he is speaking on his cellphone, and keeps it there for approximately 18 seconds. A few seconds after he finishes the call, the large crowd of people around him can be seen reacting to the first explosion,’’ Genck wrote.
“Virtually every head turns to the east (toward the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber Two, virtually alone among the individuals in front of the restaurant, appears calm. He glances to the east and then calmly but rapidly begins moving west, away from the direction of the finish line.’’
Genck added: “He walks away without his knapsack, having left it on the ground where he had been standing. Approximately, 10 second later, an explosion occurs in the location where Bomber Two had placed his knapsack.’’
The affidavits also revealed that the FBI searched Tsarnaev’s dorm room at the University of Massachusetts Dartmouth Sunday and found “a large pyrotechnic, a black jacket and white hat of the same general appearance as those worn by Bomber Two at the Boston Marathon.’’
When he was captured in Watertown Friday night, Tsarnaev had his UMass-Dartmouth student ID card on him along with credit cards and other forms of IDs, the affidavit said.
The sworn statement by the agent also said that Tsarnaev had been shot multiple times when he was captured.
“He had visible injuries including apparent gunshot wounds to the head, neck, legs and hand,” said Agent Daniel Genck.
The new developments came after the White House said that Tsarnaev would be tried in the federal court system.
Speaking at a media briefing in Washington, spokesman Jay Carney said Tsarnaev would not be tried as an enemy combatant.
“He will not be treated as an enemy combatant. We will process this terrorist through our system of justice,” he said.
Pointing to other terrorists who have been tried and convicted in federal court, he said, “The system has repeatedly proven that it can successfully handle the threat that we continue to face.”
He also said that US citizens cannot be tried before military commissions. Tsarnaev is a naturalized US citizen. He was sworn in as a citizen in September.