felon that we have identified.

The case agent and ARAC

are now preparing a draft affidavit which will go into much more detail and document the exact times and

places that the events listed in this document occurred. The draft affidavit will continually be updated as new probable cause is developed.

We continue to further develop our probable cause.
We currently have a pole camera in operation on
the compound. We have an affidavit prepared for a
pen register which has been approved by the AUSA
and as soon as the phone company can identify all
of the telephone numbers at the compound the pen
register will be in operation. We have an

undercover/ surveillance house next to the

compound which will go into operation 24 hours
day, 7 days a week on January 11, 1993. This will
enable us to identify everyone that comes and goes

from the compound.

It is hoped that we will

be able to get undercover agents on to the

compound and into some of the buildings.

We have

identified some new ex-members that want to talk

to us. They will be interviewed and we will also be re-interviewing some other ex-members. As

mentioned earlier in this report, we will be

working with UPS, Firearms Technology and Explosives Technology, following up all potential leads. We also hope to identify more convicted felons who live at the compound.

B. TACTICALLY:

We continue to analyze the compound, the
buildings, the people, develop intelligence,
discuss alternatives, develop a list of equipment,

and resources that would be needed and where we
could get them. We are also discussing our

strategy, should we decide to recommend the execution of a search warrant. We are also trying

to estimate the potential cost.

CONCLUSION

On January 22, 1993, a meeting of the effected individuals is scheduled in Houston, Texas to discuss

what we have learned or developed from our listed plans. The following week depending on what occurs, may be in a position to come to headquarters

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(SAC/ASAC/Case Agent) to present a proposal for some type of activity in February or we will prepare an additional briefing paper discussing our progress and future plans at that time if we feel further work is needed to be done.

ant alleges the following around.

andant:

I, Davy Aguilera, baing duly swarn, depose and state that:

I am a Special Agent with the U.. S. Treasury Department, Bureau of Alcohol, Tobacco and Firearms, Austin, Texas, and. I have been so employed for approximately 5 years. This affidavit is based on my own investigation as vall: as. information furnished to me by other law enforcement officers and concerned citizens.

As a result of my training and experience as a Special Agent for the Bureau of Alcohol, Tobacco and Firearms, I am. familiar with the Federal firearm and explosive laws and know that it is unlawful for a person to manufacture, possess, transfer; or to transport or ship in interstate commerce machineguns, machinegun conversion parts, or explosives which are classified, by Federal law, as machineguns, and/or destructive devices, including any combination of parts either designed or intended for use in converting any firearm into a machinegun, or into a destructive device as defined by Federal law, and from which a destructive device may be readily assembled, without them being lawfully registered in the National Firearms Registration and Transfer Record, U.S. Treasury Department, Washington, D.C.

During my 5 years experience with the Bureau of Alcohol, Tobacco and Firearms, I have investigated persons who have unlawfully possessed, transferred or shipped in interstate or foreign commerce firearms and/or explosive devices which were not registered to thes with the National Firearms Registration and Transfer Record, and have successfully participated in the prosecution of several of these individuals.

On June 4, 1992, I met with Lieutenant Gene Barber, McLennan County Sheriff's Department, Waco, Texas, who has received extensive training in explosives classification, identification and the rendering safe of explosive devices and has been recognized in Federal Court as an expert witness in this field. Lt. Barber stated that he had received information in May 1992, from an employee of United Parcel Service, Waco, Texas, that from April through June of 1992, several deliveries had been made to a place known as the "Mag-Bag", Route 7, Box 555-8, Waco, Texas, 76705, located on Fara Road number 2491, in the names of Mike Schroeder and David Koresh, which the UPS employee balieved to be firearms components and explosives. Through my investigation, I know that the place known as the "Mag-Bag" is a small tract of land located at the above address which has two metal buildings located on it.

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The

name "Mag-Bag" comes from the shipping label which is accompanied many items shipped to the above address. I and other agents have personally observed. vehicles consistently over the past six months at the "Mag-Bag" location which are registered to Vernon Wayne Howell, aka: David Koresh. Lieutenant Barber further stated that the UPS employee, Larry Gilbreath, became suspicious and concerned about the deliveries, most of which were shipped. Cash on Delivery, (C.O.D.) because of their frequency and. because of the method used by the recipient to receive the shipments and to pay for them.

Lieutenant Barber explained that David Koresh was an alias name used by Vernon Wayne Hovell who operated a religious cult commune near Waco, Texas, at a place· commonly known as the Nount Carmel Centar, which is one of the premises to be searched and more specifically described above. I have learned from my investigation, particularly from my discussions with former cult members that Vernon Howell adopted the name David Koresh more than a year ago. The name "David Koresh" was chosen by Howell because Howell believed that the name helped designate him as the messiah or the anointed one of God. Lieutenant Barber further related that he was told by Gilbreath that he has been making deliveries to the "Mag Bag" and the Mount Carmel Center on Double EE Ranch Road, Waco, Texas, for several years, but he had never been suspicious of any of the deliveries until 1992. Gilbreath became concerned because he made several C.O.D. deliveries addressed to the "MagBag", but when he would stop at that location he was instructed to wait while a telephone call was made to the Mount Carmel Center by the person at the "Mag-Bag", usually Woodrow Xandrick or Mike Schroeder, notifying the person who answered the phone at the Mount Carmel Center that UPS was coming there with a C.O.D. delivery, after which Gilbreath would be instructed to drive to the Mount Carmel Center to deliver the package and collect for it. That on those occasions when he was at the Mount Carmel Canter to deliver and collect for the C.O.D. packages. He sav several manned observation posts, and believed that the observers were armed. Lieutenant Barber stated that he was told by Larry Gilbreath (UPS) that in May of 1992 two cases of inert hand grenades and a quantity of black gun powder were delivered by him to the "Mag-Bag." source of these shipments was unknown to Gilbreath.

The

On June 9, 1992, I was contacted by Lieutenant Barber who told me that he had learned from Larry Gilbreath that in June of 1992, the United Parcel Service delivered ninety (90) pounds of powdered aluminum metal and 30 to 40 cardboard tubes, 24 inches in length and 1 1/4 to 1 1/2 inches in diameter, which were shipped from the Fox Fire Company, Pocatella, Idaho, to "Mag-Bag." From another shipper whose identity is unknown, two parcels containing a total of sixty (60), M-16/AR-15 ammunition magazines were delivered by UPS to the "Mag-Bag" on June 8, 1992. I know based upon my training and experience that an AR-15 is a semi-automatic rifle

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