If this document is real, and I cannot confirm that it is, Dzhokhar has been charged with the following:
● Use of a Weapon of Mass Destruction
● Malicious Destruction of Property Resulting in Death
The Affidavit is sworn to by Daniel R. Genck. It says that each explosion at the Marathon killed at least one person.
At approximately 2:42 p.m. (i.e., approximately seven minutes before the first explosion), Bomber One can be see detaching himself from the crowd and walking east towards the Marathon finish line. Approximately 15 seconds later, he can be seen passing directly in front of the Forum Restaurant and continuing in the direction of the location where the first explosion occurred. His knapsack is still on his back.
At approximately 2:45 p.m., Bomber Two can be seen detaching himself from the crowd and walking east on Boylston Street toward the Marathon finishing line. He appears to have the thumb of his right hand hooked under the strap of his knapsack and a cell phone in his left hand. Approximately 15 seconds later, he can be seen stopping directly in front of the Forum Restaurant and standing near the metal barrier among numerous spectators, with his back to the camera, facing the runners. He then can be see apparently slipping his knapsack onto the ground. A photograph taken from the opposite side of the street shows the knapsack on ground at Bomber Two’s feet.
The Forum Restaurant video shows that Bomber Two remained in the same spot for only four minutes, occasionally looking at his cell phone and once appearing to take a picture with it. At some point he appears to look at his phone, which is held at approximately waist level and may be manipulating the phone. Approximately 30 seconds before the first explosion, he lifts his phone to his ear as if he is speaking on his cell phone, and keeps it there for approximately 18 seconds. A few seconds after he finished the call, the large crowd of people can be seen reacting to the first explosion. Virtually every head turns to the east (towards the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber Two, virtually alone among the individuals in front of the restaurant, 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 Bomber Two had placed his knapsack.
I have observed video and photographic footage of the location where the second explosion occurred from a number of different viewpoints and angles, including from directly across the street. I can discern nothing in that location in the period before the explosion that caused that explosion, other than Bombe Two’s knapsack.
Young Martin Richard, his sister and Mother were standing in front of the Forum Restaurant. It’s believed the knapsack was put on the ground virtually at their feet.
Former Attorney General Michael Mukasey was just on Fox with Megyn Kelly and said this is a death penalty charge. Read the charges here.