Brody's Notes... Text Of The Federal Criminal Complaint Against Giffords Shooting Suspect

Dennis K. Burke, United States Attorney For Arizona   

U. S. Justice Department Official Portrait

By Mark Singer (Washington DC) JAN 9 |  The United States Attorney for the District of Arizona, Dennis K. Burke, announced today that his office filed a federal complaint against Jared Lee Loughner. The complaint was signed by Magistrate Judge Michelle Burns in Phoenix.

Loughner is suspected of shooting U.S. Representative Gabrielle Giffords, U. S. District Court Chief Judge John Roll, Giffords' staff member Gabriel Zimmerman and approximately 16 others Saturday in Tucson, Arizona. Investigators say they seized evidence suggesting Loughner planned ahead. Investigators said they carried out a search warrant at the suspect's home and seized an envelope from a safe with messages such as "I planned ahead," "My assassination" and the name "Giffords" next to what appears to be the man's signature.
The 22-year-old Loughner is accused of killing six people and wounding 14 others wounded, including the Democrat lawmaker.
The federal complaint alleges five counts against Loughner:

COUNT 1

On or about Jan. 8, 2011, at or near Tucson, in the District of Arizona, the defendant, Jared Lee Loughner, did attempt to kill Gabrielle Giffords, a Member of Congress; in violation of Title 18, United States Code Section 351(c).

COUNT 2

On or about Jan. 8, 2011, at or near Tucson, in the District of Arizona, the defendant, Jared Lee Loughner, did unlawfully kill Gabriel Zimmerman, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1111.

COUNT 3

On or about Jan. 8, 2011, at or near Tucson, in the District of Arizona, the defendant, Jared Lee Loughner, did unlawfully kill John M. Roll, a U. S. District Court Judge for the District of Arizona, an employee of the United States who was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1111.

COUNT 4

On or about Jan. 8, 2011, at or near Tucson, in the District of Arizona, the defendant, Jared Lee Loughner, did, with intent to kill, attempt to kill Pamela Simon, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1113.

COUNT 5

On or about Jan. 8, 2011, at or near Tucson, in the District of Arizona, the defendant, Jared Lee Loughner, did, with intent to kill, attempt to kill Ron Barber, an employee of the United States who was engaged in performance of official duties and who was assisting Member of Congress Gabrielle Giffords while she was engaged in performance of official duties; in violation of Title 18, United States Code, Sections 1114 and 1113.

Loughner will make an initial appearance on the complaint at 2 p.m. Mountain time Monday, Jan. 10, 2011, in front of U.S. Magistrate Judge Lawrence Anderson at the Sandra Day O’Connor Courthouse in Phoenix in courtroom 302. He is entitled to a preliminary hearing and a detention hearing. The court will set a date for both hearings. Loughner remains in federal custody.

The Rules of Criminal Procedure require that a grand jury review the evidence and issue an indictment within 30 days of the defendant's initial appearance.

The U.S. Attorney's Office for the District of Arizona is in the process of drafting an indictment against Loughner for presentation to the grand jury.