Criminal complaint against the bomber

The Justice Department, in a criminal complaint unsealed Monday, charged Dzhokhar Tsarnaev with using a "weapon of mass destruction" in the Boston Marathon bombings. It said he used his cellphone as he waited for the first blast, allegedly detonated by his older brother a block up the street, then "calmly but rapidly" walked away, leaving a backpack containing the second bomb on the ground near a metal barrier in front of the Forum Restaurant, where it exploded about 10 seconds later. According to the FBI, one of the brothers later told the driver of a vehicle they carjacked, “Did you hear about the Boston explosion? I did that."

At 2:38 p.m. on Monday, April 15, roughly 11 minutes prior to the first blast, Tamerlan and Dzhokhar Tsarnaev are caught on camera turning onto Boylston Street, the thoroughfare where the finish line is located.

Tamerlan Tsarnaev is wearing a baseball cap, sunglasses, a white shirt, dark coat and tan pants. His little brother is wearing a gray hoodie, a black jacket and dark pants. He also has a white baseball cap, turned backward on his head.

The pair walks east, toward the Boston Marathon finish line, Tamerlan Tsarnaev in front of Dzhokhar Tsarnaev, wearing a knapsack on his back.

The two are seen standing about a half-block from Forum restaurant, the site of the second explosion, at about 2:41 p.m. A minute later, Tamerlan Tsarnaev begins walking toward the finish line again. He still has his knapsack.

Dzhokhar Tsarnaev begins walking toward the finish line at about 2:45 p.m. He has his right thumb hooked under his backpack strap and there's a phone in his left hand. He stops in front of Forum.

He's near the metal barricades separating spectators from the marathon contestants, standing with his back to the cameras.
"He then can be seen apparently slipping his knapsack onto the ground. A photograph taken from the opposite side of the street shows the knapsack on the ground at (Dzhokhar Tsarnaev's) feet."

Dzhokhar Tsarnaev stays at this location for about four minutes, looking at his cell phone and "once appearing to take a picture with it." About 30 seconds before the first blast, he lifts the phone to his head and speaks for about 18 seconds.

He finishes the call, and the first explosion goes off within seconds. "Virtually" everyone along Boylston turns toward the finish line, "in apparent bewilderment and alarm," but not Dzhokhar Tsarnaev. He appears calm.

"He glances to the east and then calmly but rapidly begins moving to the west, away from the direction of the finish line. He walks away without his knapsack, having left it on the ground where he had been standing.

"Approximately 10 seconds later, an explosion occurs in the location where (Dzhokhar Tsarnaev) had placed his knapsack." Like Tamerlan Tsarnaev's bag, the knapsack is placed along a metal barrier. It's about a block from the first explosion.

28. Based on the foregoing, there is probable cause to believe that on or about April 15, 2013, DZHOKHAR TSARNAEV violated 18 U.S.C. 2332a (using and conspiring to use a weapon of mass destruction, resulting in death) and 844(i) (malicious destruction of property by means of an explosive device, resulting in death). Accordingly, I respectfully request that the Court issue a complaint charging DZHOKHAR TSARNAEV with those crimes.

Daniel R. Genck

Special Agent

United States Law Code ? the law that governs the entire country ? contains a definition of terrorism embedded in its requirement that Annual Country reports on Terrorism be submitted by the Secretary of State to Congress every year. (From U.S. Code Title 22, Ch.38, Para. 2656f(d)

Dzhokhar Tsarnaev, 19, charged Monday with using a weapon of mass destruction and malicious destruction of property resulting in a death in the Boston Marathon Bombings, was read his Miranda rights at his hospital bedside Monday after the Justice Department invoked Miranda's public safety exception.

A federal magistrate judge read the rights to Tsarnaev, an American citizen of Chechen descent, at Beth Israel Deaconess Medical Center. Tsarnaev nodded his head to answer the judge's questions, and answered "no" when asked if he could afford a lawyer. He remained in serious condition at the hospital.

Tsarnaev was informed of the charges and read his rights in his hospital room on Monday morning,