N'I TUB I.INITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA ) ) Criminal No. 18-292 v ) ) (18 u.s.c. $$ 247@)(2),247(d)(r), ROBERT BOWERS ) 2 47 (d) (3), 2 ae @) (1) (B) o, 2ae @)( 1 XBXii), ) e2a(c)( 1 )(A)(i), e2a(c)( 1 XAXii), ) e2a(c)(1 )(A)(iii), and 924(j)0)) ) SUPERSEDING INDICTMENT The grandjury charges 1. At all times relevant to the Superseding Indictment, the defendant, ROBERT BOWERS, was a resident of Allegheny County in the Western District of Pennsylvania. .2. Prior to October 27,2018, the defendant, ROBERT BOWERS, created an account on the website gab.com. The account for the defendant, ROBERT BOWERS, included a statement on his profile expressing the belief that 'Jews are the children of satan," as well as several posts that referred to Jewish people using anti-Semitic slurs. 3. On or about October 10, 2018, the defendant, ROBERT BOWERS, posted on gab.com a criticism of the Hebrew Immigrant Aid Society (HIAS) and a link to a HIAS webpage listing Jewish congregations that were hosting refugee-related events. That list of congregations included the Dor Hadash Jewish congregation of Pittsburgh. In the posting, the defendant, ROBERT BOWERS, wrote, "Why hello there HIAS! You like to bring in hostile invaders to dwell among us? We appreciate the list of friends you have provided[.]" 4. On the morning of October 27,2018, the defendant, ROBERT BOWERS, drove to the Tree of Life Synagogue ("the Synagogue"), located at 5898 Wilkins Avenue, Pittsburgh, Perursylvania. The Synagogue building houses three Jewish congregations, to include the Tree of Life, Dor Hadash, and New Light congregations. 5. Before entering the Tree of Life Synagogue, the defendant, ROBERT BOWERS, *HIAS posted bn gab.com, likes to bring invaders in that kill our people. I can't sit by and watch my people get slaughtered. Screw your optics, I'm going in." 6. At that time, members of the Tree of Life, Dor Hadash, and New Light congregations had gathered to engage in religious worship at the Tree of Life Synagogue and were already present within the building. Additional congregants were arriving at the Tree of Life Synagogue to engage in religious worship. 7. As he approached the building carrying multiple firearms, the defendant, ROBERT BOWERS, shot at and shattered a large window on the Synagogue's fagade, near the entrance. The defendant, ROBERT BOWERS, then entered the Tree of Life Synagogue. 8. While inside the Synagogue, the defendant, ROBERT BOWERS, opened fire, killing and injuring members of the Tree of Life, Dor Hadash, and New Light congregations. g. The defendant, ROBERT BOWERS, also fired at responding public safety officers, injuring patrol officers outside the Tree of Life Synagogue as they approached the building. In addition, after Pittsburgh SWAT operators entered the Synagogue, and while they were attempting to rescue surviving victims and to locate the shooter, the defendant, ROBERT BOWERS, opened fire on the SWAT operators, injuring several of them. 10. While inside the Tree of Life Synagogue, the defendant, ROBERT BOWERS, made statements conveying his anti-Semitic beliefs and indicating his desire to "kill Jews." 1. Paragraphs I through 10 of this Superseding Indictment are hereby reincorporated 1 as to all Counts charged below. 2 COUNTS ONE THROUGH ELEVEN (Obstruction of Free Exercise of Religious Beliefs Resulting in Death) The grand jury further charges: On or about October 27,2018, in the Western District of Pennsylvania, the defendant, ROBERT BOWERS, intentionally obstructed by force each victim listed below in the enjoyment of that victim's free exercise of religious beliefs: COUNT VICTIM 1 J.F. 2 R.G J R.M. 4 J.R. 5 C.R. 6 D.R. 7 B.S 8 S.S 9 D.S 10 M.W I.Y 11 The acts of the defendant, ROBERT BOWERS, resulted in the death of each victim listed in Counts One through Eleven, and the offense was in and affected interstate commerce. All in violation of Title 18, United States Code, Sections 2a7@)Q) and2a7@)(l). J COUNTS TWELVE THROUGH TWENTY-TWO (Hate Crime Act Resulting in Death) The grand jury further charges: On or about October 27, 2018, in the Westem District of Pennsylvania, the defendant, ROBERT BOWERS, willfully caused bodily injury to each victim listed below because of that victim's actual and perceived religion: COUNT VICTIM t2 J.F 13 R.G t4 R.M. 15 J.R. 16 C.R. 17 D.R. 18 B.S. t9 S.S 20 D.S 2t M.W 22 I.Y. The offenses resulted in the death of each victim listed in Counts Twelve through Twenty-Two A1l in violation of Title 18, United States Code, Section 2a9(aX1)(BXi). 4 COUNTS TWENTY.THREE THROUGH THIRTY-THREE (Use and Discharge of a Firearm to Commit Murder During and in Relation to a Crime of Violence and Possession of a Firearm in Furtherance of a Crime of Violence) The grand jury further charges: On or about October 27, 2018, in the Western District of Pennsylvania, the defendant, ROBERT BOWERS, did knowingly use, carry, brandish, and discharge a firearm, to wit, 1) a Glock .357 handgun, bearing serial number BCUM029;2) a Glock .357 handgun, bearing serial number YEY449;3) a Glock .357 handgun, bearing serial number RHY244; and 4) a Colt AR-15 rifle, model SPl, bearing serial number SP99907, during and in relation to a crime of violence for which he may be prosecuted in a court of the United States, that is, violations of 18 U.S.C . 5 247 as charged in Counts One through Eleven, and violations of Title 18, United States Code, Section 249, as charged in Counts Twelve through Twenty-Two of this Superseding Indictment, and did knowingly and unlawfully possess a firearm in furtherance of said crimes of violence, as to each victim set forth below, and did cause the death of each victim listed below through the use of a firearm in such a manner as to constitute murder as defined in 18 U.S.C. $ 1111(a), in that the defendant, ROBERT BOWERS, with malice aforethought, did unlawfully kill each victim with a firearm. COUNT CORRESPONDING CRIME VICTIM OF'VIOLENCE BY COIJNTS I 23 and 12 J.F 24 2 and 13 R.G 25 3 and 14 R.M. 26 4 and 15 J.R. 27 5 and 16 C.R. 28 6 and 17 D.R. 29 7 and 18 B.S 30 8 and 19 S.S. 31 9 and20 D.S. )Z l0 and 21 M.W. ll JJ and22 I.Y. All in violation of Title 18, United States Code, Sections 92a@)Q)(1t)(t),92a@)(1)(AXii), e2a(c)(1 )(A)(iii), and e24fi)(t). 5 COUNTS THIRTY.FOUR AND THIRTY.FIVE (Obstruction of Free Exercise of Religious Beliefs Involving an Attempt to KilI and Use of a Dangerous Weapon, and Resulting in Bodily Injury) The grand jury further charges: On or about October 27,2018, in the Western District of Pennsylvania, the defendant, ROBERT BOWERS, intentionally obstructed, by force and threat of force, each victim listed below in the enjoyment of that victim's free exercise of religious beliefs, and attempted to do so: COUNT VICTIM 34 D.L. 35 A.W The acts of the defendant, ROBERT BOWERS, included an attempt to kill each vietim listed in Counts Thirty-Four and Thirty-Five; and resulted in bodily injury to each victim listed in Counts Thirty-Four and Thirty-Five; such acts also included the use, attempted use, and threatened use of a dangerous weapon, to wit, 1) a Glock .357 handgun, bearing serial number BCUM029;2) a Glock.357 handgun, bearing serial numberYEY44g;3) a Glock.357 handgun, bearing serial number RtlY244; and 4) a Colt AR-15 rifle, model SPl, bearing serial number SP99907; and the offense was in and affected interstate coflrmerce. All in violation of Title 18, United States Code, Sections 247(a)(2), 247(d)(l), and 247(d)(3). 6 COUNTS THIRTY-SIX AND THIRTY.SEVEN (Hate Crime Act Involving an Attempt to Kitl) The grandjury further charges: On or about October 27, 2018, in the Westem District of Pennsylvania, the defendant, l ROBERT BOWERS, willfully caused bodily injury to each victim listed below because of that victim's actual and perceived religion: COUNT VICTIM 36 D.L. 37 A.W. The offenses included an attempt to kill each victim listed in Counts Thirty-Six and Thirty-Seven. All in violation of Title 18, United States Code, Section 2a9(a)(1)(B)(ii). 7 COUNTS THIRTY-EIGHT AND THIRTY.NINE (Use and Discharge of a Firearm During and in Relation to a Crime of Violence and Possession of a Firearm in Furtherance of a Crime of Violence) The grand jury further charges: On or about October 27,2018, in the Western District of Pennsylvania, the defendant, ROBERT BOWERS, did knowingly use, caffy, brandish, and discharge a firearm, to wit, l) a Glock .357 handgun, bearing serial number BCUM029;2) a Glock .357 handgun, bearing serial number YEY449;3) a Glock .357 handgun, bearing serial numb erRI1Y244; and 4) a Colt AR-15 rifle, model SP1, bearing serial number SP99907, during and in relation to a crime of violence for which he may be prosecuted in a court of the United States, that is, violations of 18 U.S.C. S 247 as charged in Counts Thirty-Four and Thirty-Five, and violations of Title 18, United States Code, Section 249, as charged at Counts Thirty-Six and Thirty-Seven of this Superseding Indictment, and did knowingly and unlawfully possess a firearm in furtherance of said crimes of violence, as to each victim listed below. COUNT CORRESPONDING CRIME VICTIM OF VIOLENCE BY COUNTS 38 34 and36 D.L. 39 35 ard37 A.W All inviolationofTitle 18, United States Code, Sections 924(c)(1)(A)(i),92a@)(lXAXii), and924(c)(lXAXiii). 8 COUNTS FORIY THROUGH FORTY.SEVEN (Obstruction of Free Exercise of Religious Beliefs Involving an Attempt to Kill and Use of a I)angerous Weapon, and Resulting in Bodily Injury to a Public Safety Officer) The grand jury further charges: On or about October 27, 2018, in the Western District of Pennsylvania, the defendant, ROBERT BOWERS, intentionally obstructed, by force and threat of force, each victim listed below in the enjoyment of that victim's free exercise of religious beliefs, and attempted to do so: COUNT VICTIM 40 C.B. 4l J.C. 42 M.G. 43 A.G. 44 J.M. 45 J.P 46 s.w. 47 B.W. The acts of the defendant, ROBERT BOWERS, included an attempt to kill each victim listed in Counts Forty through Forty-Seven; such acts also included the use, attempted use, and threatened use of a dangerous weapon, to wit, 1) a Glock .357 handgun, bearing serial number BCUM029;2) a Glock .357 handgun, bearing serial number YEY449; 3) a Glock .357 handgun, bearing serial number RI1Y244;and 4) a Colt AR-15 rifle, model SPl, bearing serial number SP99907; and such acts resulted in bodily injury to A.B., T.M., D.M., J.P., and M.S., public safety offtcers who were then performing duties as a direct and proximate result of the defendant's conduct as charged in Courts Forty through Forty-Seven; and the offense was in and affected interstate cofiImerce. All in violation gf Title 18, United States Code, Sections 247(a)(2), 247(d)(t), and 247(d)(3). 9 COUNTS FORTY-EIGHT THROUGH FIFTY.ONE (Obstruction of Free Exercise of Religious Beliefs Involving Use of a Dangerous Weapon and Resulting in Bodily Injury to a Public Safety Officer) The grand jury further charges: On or about October 27, 2018, in the Western District of Pennsylvania, the defendant, ROBERT BOWERS, intentionally obstructed, by force and threat of force, each victim listed below in the enjoyment of that victim's free exercise of religious beliefs, and attempted to do so: COUNT VICTIM 48 D.D 49 L.F 50 D.R.2 51 J.S. The acts of the defendant, ROBERT BOWERS, included the use, attempted use, and threatened use of a dangerous weapon, to wit: 1) a Glock .357 handgun, bearing serial mrmber BCUMO29;2) a Glock .357 handgun, bearing serial numberYEY449; 3) a Glock .357 handgun, bearing serial number RIIY244; and 4) a Colt AR-15 rifle, model SP1, bearing serial number SP99907; and such acts resulted in bodily injury to A.B., T.M., D.M., J.P., and M.S., public safety officers who were then performing duties as a direct and proximate result of the defendant's conduct as charged in Counts Forty-Eight through Fifty-One; and the offense was in and affected interstate commerce. AII in violation of Title 18, United States Code, Sections 2a7@)(2) and2a7@)(3). 10