Click here for a copy of the Criminal Complaint
July 1, 2011
DENVER MAN CHARGED WITH ARSON OF A BUILDING AND OTHER REAL PROPERTY AT A BOOKSTORE AT COLORADO MILLS AND OTHER LOCATIONS
DENVER – Denver resident, David Joseph Lawless, age 30, was named in a sealed Criminal Complaint on Monday, June 27th, on charges of arson of a building and other real property and use of a destructive device during and in relation to a crime of violence, the Department of Justice and the Lakewood Police Department announced today. Lawless is currently in state custody in Clear Creek County, where he is being held on charges of DUI and felony menacing. There is no timetable for when Lawless will be transferred from state custody to federal custody.
According to the affidavit in support of the Criminal Complaint, on June 25, 2011, at approximately 12:38 am, an alarm was activated at the Borders bookstore located in the Colorado Mills Shopping Center. The Lakewood Police Department was dispatched to the store, and upon arrival discovered that the entrance/exit door of the Borders bookstore was shattered and cleared to facilitate entry into the business from the outside. While securing the store, Lakewood officers discovered two suspected explosive devices inside. The Jefferson County Bomb Squad was called, and subsequently responded to the scene. The bomb squad located three suspect explosive devices. The first was located outside the mall near the entrance to Borders. Two others were found inside the store.
The device located outside the mall entrance was discovered in one of the garbage containers. That device partially functioned. Another similar device was located within the Borders store. That device also partially functioned. The third suspected device was placed on a table within the store. No initiation occurred in relation to that suspected device. The bomb squad determined the devices were safe. No render safe procedures were conducted relative to any of the devices.
The FBI Evidence Response Team (ERT) and the ATF processed the scene, collecting evidence which was then transported to the FBI laboratory in Quantico, Virginia. While processing the scene, investigators found what appeared to be blood at the bookstore. A review of security camera footage showed a person who appears to be a white male breaking into the glass public entrance door. It appears the person injured his hand while breaking into the store.
On the same date, June 25, 2011, at 8:05 am the FBI was notified by the Lakewood Police Department that several of the front windows of a Best Buy store located approximately a ½ mile away from the bookstore were smashed open from the outside. At 12:52 am outdoor video surveillance showed a white male driving a green Toyota Tacoma go in and out of camera view. No evidence of arson or a destructive device was recovered from the scene at Best Buy.
At approximately 2:54 am, the Jefferson County Sheriff responded to assist the West Metro Fire and Rescue Department regarding an explosion and fire incident reported by guests at a Marriott Hotel located approximately a ½ mile from the Best Buy, and approximately a mile from the bookstore. Deputies at the hotel scene recovered what appeared to be a crude device. That evidence was also sent to the FBI laboratory in Quantico, Virginia. During the investigation agents and task force officers found outdoor surveillance cameras near the mall which showed a dark colored Toyota Tacoma.
At approximately 6:37 pm the Colorado State Patrol (CSP) responded to a one car crash on Colorado 103 at mile post ten (10) in Clear Creek County. Two off-duty Arapahoe County Sheriff’s Deputies were at the scene of the crash attempting to render aid. The driver in the crash was later identified as Lawless. Lawless, who appeared to be intoxicated, attempted to stab the deputies with scissors while they were detaining him. He was arrested by the Colorado State Patrol for DUI and felony menacing. Lawless had an injury to his hand, which was consistent with the injury to the person who broke into the Borders bookstore. He was also driving a green Toyota Tacoma, which was consistent with what agents and officers observed on surveillance video near the scene of the incidents.
Later investigators learned that there was another device in the defendant’s truck, as well as components for the devices at his residence. Lastly, it was determined that Lawless researched how to make the devices on the internet from a computer also at his residence.
“Thanks to the excellent investigative work of the ATF, FBI, and the Lakewood Police Department, a man who designed, developed, and placed explosive devices has now been identified and charged,” said U.S. Attorney John Walsh. “In addition, I want to recognize the alert Colorado State Patrol officer who recognized that the person he was investigating for DUI was likely the same person responsible for placing these devices.”
“These charges are the direct result of the ongoing collaboration between the FBI’s Joint Terrorism Task Force, ATF, the Lakewood Police Department, the Colorado State Patrol, and the United States Attorney’s Office,” said Denver FBI Special Agent in Charge James Yacone. “The FBI, working with local, state, and federal partners, is dedicated to pursuing and bringing to justice any individuals who commit these types of criminal acts of force and threaten the safety of our community.”
“One of ATF’s primary responsibilities is to prevent, detect and deter the criminal use of fire and explosives,” said ATF Special Agent in Charge Marvin Richardson. “ATF will continue to dedicate our unique arson and bombing investigative expertise to this and other violent criminal investigations in order to protect the citizens of Colorado and ensure the safety of our communities through the reduction of violent crime.”
“The Lakewood Police Department is very appreciative of the cooperative effort that went into this investigation. It led to the quick apprehension of a very dangerous individual,” said Lake Police Chief Kevin Paletta.
“In addition to the quality criminal investigation conducted by the Lakewood Police Department along with other allied agencies, the capture of David J. Lawless can be attributed to the mutual coordination of local, state, and federal law enforcement agencies,” said Colonel James Wolfinbarger, Chief of the Colorado State Patrol. “Technology has made it possible to disseminate large amounts of information very quickly to those first responders, who work every day to keep the residents of Colorado safe. This inter-agency cooperation demonstrates to the residents of Colorado how well the ‘system’ works for them.”
If convicted of count 1, arson of a building and other real property in interstate commerce, Lawless faces not less than 5 years, and up to 20 years in federal prison. If convicted of count 2, use of a destructive device during and in relation to a crime of violence, Lawless faces not less than 30 years, and not more than life imprisonment, consecutive to any other sentence imposed. Both counts also carry a fine of not more than $250,000, plus restitution.
This case was investigated by the FBI’s Joint Terrorism Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Lakewood Police Department, with assistance from the Jefferson County Sheriff’s Office, the Jefferson County Bomb Squad, the West Metro Fire and Rescue Department, and the Colorado State Patrol.
The defendant is being prosecuted by Assistant U.S. Attorney Greg Holloway.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a felony violation of federal law has a Constitutional right to be indicted by a federal grand jury.
The charges contained in the Criminal Complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
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