Indictment Aza and Dias

8/13/2019 Indictment Aza and Dias

1/11

UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA Crim. N O ~ I O ~ 3 8 ~ v. Viola t ions :Conspiracy to Obst ruc t

DIAS KADYRBAYEV (1) and Jus t i ce - 18 U.S.C. 371;AZAMAT TAZHAYAKOV (2) , Obst ruc t ion of J u s t i c e

18 U.S.C. 1519;Defendants . Aiding and Abet t ing -18 U.S.C. 2.

INDI TMENT

The Grand Jury charges:INTRODUCTORY ALLEGATIONS

1 . On Apri l 15, 2013, a t approximately 2:49 p .m. while theBoston Marathon, an annual 26.2 mile r ace was underway, twoexp los ions occurred in Boston, Massachuset ts , on the nor th s ide ofBoyls ton S t re e t a long the Marathon s f ina l s t r e t c h in c lose proximi tyto the f in i sh l ine .

2. The f i r s t exp los ion occurred in the v i c i n i t y o f 671Boyls ton S t re e t and the second occurred approximately one block awayin f ron t of 755 Boyls ton S t re e t . The explos ive dev ices were placednear the meta l b a r r i e r s where hundreds of spec ta to r s were watchingrunners approach the f i n i sh l i n e . Each exp los ion k i l l e d a t l e a s tone person, maimed, burned and wounded scores o f othe rs and damagedpubl ic and p r iv a t e proper ty inc lud ing the s t r e e t s sidewalk,

Case 1:13-cr-10238-DPW Document 36 Filed 08/08/13 Page 1 of 11


2/11

b a r r i e r s , and proper ty owned by people and bus inesses in thel oca t ions where the exp los ions occurred . In t o t a l , three people

were k i l l e d and over two hundred i nd iv idua l s were i n ju red .3. Immediately fo l lowing the bombings and con t inu ing un t i l

the evening of Friday, Apri l 19, 2013 when Dzhokhar Tsarnaev wasar res ted , thousands of law enforcement personnel from loca l pol icedepar tments , the Massachuse t t s Sta t e Pol ice , and federa l agenciesconducted an ex tens ive manhunt fo r the two suspec ted Boston Marathonbombers, who were i n i t i a l l y r e f e r r ed t o by law enforcement as BomberOne and Bomber Two, and who were l a t e r i d e n t i f i e d as TamerlanTsarnaev (Bomber One) and Dzhokhar Tsarnaev (Bomber Two) .

4. The Federal Bureau of In v e s t i g a t i o n s ( FBI 's ) Jo in tTerror ism Task Force ( JTTF ) l ed the i n v es t i g a t i o n o f the bombings.As p a r t of t h i s domest ic t e r ro r i sm inves t iga t ion , numerousin terviews were conducted to , among othe r th ings : (1) uncover andthwart any othe r planned a t tacks ; (2) i d en t i f y , l oca t e , and a r r e s tthe bombers; and (3) c o l l e c t evidence.

5. At approximately 5:00 p.m. on Apri l 18, 2013, the FBIpubl i shed video and photographic images of Bomber One and Bomber Twoon i t s webs i te . Those images were widely rebroadcas t by mediao u t l e t s a l l o v e r the count ry and the world . The FBI asked fo r thep u b l i c s help in iden t i fy ing the two men pic tu red in the video and

2



3/11

photographs. On Friday, Apri l 19, 2013, the men p i c t u r e d in thesevideo images and photographs were i d e n t i f i e d as Tamerlan Tsarnaev

and Dzhokhar Tsarnaev.6. On the evening of Friday, Apri l 19, 2013, Dzhokhar Tsarnaev

was a r r e s t ed in Watertown, Massachuset ts . His brother , TamerlanTsarnaev, was k i l l e d e a r l i e r t h a t day fo l lowing a shootout withpol i ce .

7. Defendants DIAS KADYRBAYEV ( "KADYRBAYEV") and AZAMATTAZHAYAKOV ( TAZHAYAKOV ) are both na t iona l s of Kazakhstan whoen te red the United Sta tes on s tuden t vi sa s i n o r about September 2011.Unt i l Apr i l 20, 2013, KADYRBAYEV and TAZHAYAKOV shared an apartmenta t 69A Carr iage Drive , New Bedford, Massachuset t s ( the C arr iageDrive apartment ) .

8. KADYRBAYEV, TAZHAYAKOV, a co-consp i ra to r known to theGrand Jury , and Dzhokhar Tsarnaev a l l began a t t end ing the Univers i tyo f Massachuset t s a t Dartmouth ( UMASS-Dartmouth ) a t the same t imein 2011. The four men were f r i ends , spen t t ime t oge the r soc ia l i z ing ,and of t en exchanged t e x t messages with each othe r .

9. During the f a l l 2012 and spr ing 2013 semes ters , DzhokharTsarnaev and a roommate were ass igned campus hous ing a t Room 7341,Pine Dale Hall , on the UMASS-Dartmouth campus ( Dzhokhar Tsarnaev ' sdormitory room ). Dzhokhar Tsarnaev was l i v in g i n h i s Pine Dale Hal l

3



4/11

dormi tory room during Apri l 2013, the t ime per iod of the Marathonbombing.

10. On Apri l 21, 2013, the FBI searched Dzhokhar Tsarnaev sdormi tory room pursuan t to a search warran t . Three days before theFBI executed i t s search , on the evening of Ap r i l 18, 2013, a f t e r theFBI pos ted the photographs of Bomber One and Bomber Two, KADYRBAYEVTAZHAKAKOV and t h e i r c o c o n s p i r t ~ r en t e red Dzhokhar Tsarnaev sdormi tory room, removed seve ra l i tems from the room, inc lud ingTsarnaev s l ap top computer and a backpack con ta in ing f i reworks , andbrought them to the Carr iage Drive apartment .

11. Subsequent ly , between approximately 10:00 p.m. on Apri l18, 2013 and 1:22 p.m. on Apri l 19, 2013, KADYRBAYEV placed DzhokharTsarnaev s backpack, which con ta ined seve ra l i tems inc lud ingf i reworks and a j a r of Vase l ine , in a garbage bag and placed t ina dumpster outs ide the Carr iage Drive apartment .

12. On Apri l 19, 2013, the Carr iage Drive apar tment complex sdumpster was emptied and ts con ten t s were moved to a l and f i l l inNew Bedford, Massachuset ts . Over the course of two days , Apri l 25,2013 and Apri l 26, 2013, more than 30 federa l agen ts searched t h i sl and f i l l fo r the evidence KADYRBAYEV had placed in the t r a sh . OnApri l 26, 2013, Dzhokhar Tsarnaev s backpack was found a t thel and f i l l . Ins ide the backpack, the agen ts recovered f i reworks , a

4



5/11

j a r of Vasel ine thumb dr ive and UMASS-Dartmouth homeworkassignment shee t .

5



6/11

COUNT ONE: (18 U.S.C. 371 Conspiracy to Obstruct Just iceThe Grand Jury fur ther charges that :

The a l lega t ions contained in paragraphs 1-12 are herebyre -a l leged and incorporated by reference as i f fu l ly se t for thherein.

From on or about April 18 2013 and continuing un t i l on or aboutApril 20 2013 in the Dis t r ic t of Massachusetts

DIAS KADYRBAYEV andAZAMAT TAZHAYAKOV,

defendants herein did knowingly conspire combine confederate andagree wi th each other and wi th another conspirator known to the GrandJury to commit an offense agains t the United Sta tes to witObstruction of Just ice in v io la t ion of 18 U. S. C. 1519 by agreeingto knowingly a l t e r destroy conceal and cover up tangible objectsbelonging to Dzhokhar Tsarnaev namely a laptop computer and abackpack containing f ireworks and other i tems with the in tent toimpede obst ruct and inf luence an inves t iga t ion and properadministrat ion of a matter within the ju r i sd ic t ion of the FederalBureau of Inves t igat ion an agency of the United States Governmentand in re la t ion to and contemplation of such inves t iga t ion andmatter .

OVERT CTSIn furtherance of the conspiracy and to ef fec t i t s objec ts

6



7/11

the defendants and t h e i r co-consp i ra to r committed over tac t s , including, but not l imi t ed to , the fo l lowing:

a . At approximate ly 10:00 p.m. on Apri l 18, 2013, KADYRBAYEV,TAZHAYAKOV, and t h e i r co-consp i ra to r en te red Dzhokhar Tsarnaev 'sdormitory room a t UMASS-Dartmouth.

b. On the evening of Apri l 18, 2013, KADYRBAYEV showedTAZHAYAKOV a t e x t message he had rece ived from Dzhokhar Tsarnaev,which read, I f yu [s ic] want yu [s ic] can go to my room and takewhat ' s thereO but i gh t [s ic] bra [s ic] Salam ale ikum.

c . While i ns ide Dzhokhar Tsarnaev ' s dormitory room on theevening of Apr i l 18, 2013, KADYRBAYEV searched Dzhokhar Tsarnaev ' sbelongings and found a backpack con ta in ing fi reworks . The f i reworksconta iners had been opened and manipula ted. As a r e s u l t , some ofthe explos ive powder was v i s ib l e .

d. While i ns ide Dzhokhar Tsarnaev ' s dormitory room on theevening of Apri l 18, 2013, KADYRBAYEV showed TAZHAYAKOV the backpackcon ta in ing f i reworks , which KADYRBAYEV had found with DzhokharTsarnaev 's belongings .

e . While i ns ide Dzhokhar Tsarnaev ' s dormitory room on theevening of Apri l 18, 2013, KADYRBAYEV showed TAZHAYAKOV a j a r ofVasel ine he had found among Dzhokhar Tsarnaev ' s belongings andKADRYBAYEV t o ld TAZHAYAKOV t h a t he KADYRBAYEV) bel i eved Dzhokhar

7



8/11

Tsarnaev had used the Vasel ine to make bombs o r words to t ha te f f e c t .

f . When they l e f t Dzhokhar Tsarnaev ' s dormi tory room on theevening of Apri l 18, 2013, KADYRBAYEV and TAZHAYAKOV removed severa li tems, which they be l i eved belonged to Dzhokhar Tsarnaev , inc lud inga backpack, f i reworks , a j a r o f Vasel ine , and a laptop computer fromthe room and, t oge the r with t he i r co-consp i ra to r , took those i temsback to the Carr iage Drive apar tment .

g . While a t the Carr iage Drive apar tment , KADYRBAYEVdiscussed wi th TAZHAYAKOV and t h e i r co-consp i ra to r g e t t i n g r i d ofDzhokhar Tsarnaev ' s backpack and f i reworks by plac ing those i temsin the garbage . TAZHAYAKOV agreed.

h. On the evening o f Apri l 18, 2013, KADYRBAYEV and TAZHAYAKOVremoved the laptop computer from Dzhokhar Tsarnaev ' s backpack andthen KADRYBAYEV with TAZHAYAKOV's knowledge and agreement, placedDzhokhar Tsarnaev 's backpack with the f i reworks i ns ide a blackgarbage bag. KADYRBAYEV then took the garbage bag contain ingDzhokhar Tsarnaev ' s backpack and placed t i n to the garbage dumpsterouts ide the Carr iage Drive apar tment .

i . On the evening of Apri l 18, 2013 and the morning of Apri l19, 2013, KADYRBAYEV and TAZHAYAKOV watched t e l e v i s i o n news repor t sabout the persons suspec ted o f committing the Marathon bombings.

8



9/11

These repor t s showed p ic tu r e s of a suspec ted bomber who was l a t e rp u b l i c l y i d e n t i f i e d by approximately 6:50 a.m. on Apri l 19, 2013)as Dzhokhar Tsarnaev. n the morning of Apri l 19, 2013, mul t ip lenews repor t s i d e n t i f i e d Dzhokhar Tsarnaev as one of the two Marathonbombers.

j n Apri l 19, 2013, a f t e r Dzhokhar Tsarnaev had beeni d e n t i f i e d on news r epor t s as one of the two Marathon bombers,T ZH Y KOV and K DYRB YEV watched as a garbage t ruck came to t h e i rapartment complex and emptied the con ten t s of the dumpster where\T ZH Y KOV knew K DYRB YEV had discarded Dzhokhar T sarn aev sbackpack.

All in v io la t ion o f 18 U.S.C. 371.



10/11

COUNT TWO: (18 U.S.C. 1519 Obstruct ion o f Justice(18 U.S.C. 2 Aiding and Abett ing)

The Grand Jury fu r the r charges t ha t :The a l l eg a t i o n s con ta ined in paragraphs 1-12 are hereby re -

a l leged and incorpora ted by re fe rence as i f fu l l y s e t fo r th here in .Between on o r about Apri l 18 2013 and on o r about Apri l 20

2013 in the D i s t r i c t of Massachuset tsDIAS KADYRBAYEV andAZAMAT TAZHAYAKOV,

defendants here in d id knowingly a l t e r des t roy concea l and coverup t ang ib le ob jec t s with the i n t e n t to impede obs t ruc t andin f luence an inves t iga t ion and proper admin i s t ra t ion of a mat te rwi th in the j u r i s d i c t i on of the Federa l Bureau o f Inves t iga t ion anagency of the United Sta tes Government and in r e l a t i on to andcontemplat ion of such i n v es t i g a t i o n and mat te r .

Al l i n v i o l a ti o n of 18 U.S.C. 1519 and 2.

10



11/11

A TRUE BILL

B. STEPHANIE SIEGM NNAssis tant United Sta t e s Attorneys

DISTRICT OF MASSACHUSETTS, Boston, M August 8, 2013

Returned i n to the Dis t r i c t Court by the Grand Jurors and f i l ed

11


Documents

Indictment Aza and Dias