Score:   1
Docket Number:   SD-CA  3:19-cr-01850
Case Name:   USA v. Earnest
  Press Releases:
Assistant U. S. Attorneys Shane Harrigan (619) 546-6981, Caroline Han (619) 546-6968  and Peter Ko (619) 546-7359  

SAN DIEGO – John T. Earnest of Rancho Peñasquitos was indicted by a federal grand jury this morning on civil rights, hate crime, and firearm charges in connection with the murder of one person and the attempted murder of 53 others at the Chabad of Poway Synagogue on April 27 and the March 24 arson of the Dar-ul-Arqam Mosque in Escondido.

The original complaint filed on May 7 charged Earnest with 54 counts of obstruction of free exercise of religious beliefs using a dangerous weapon, resulting in death, bodily injury, and attempts to kill; 54 counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act; and one count of damage to religious property by use of fire in relation to the attempted arson of the mosque. The indictment adds four charges for discharging a firearm during crimes of violence.

Earnest is scheduled to be arraigned on the indictment June 4, 2019 at 1:30 p.m. before U.S. Magistrate Judge Michael S. Berg.

According to the affidavit in support of the criminal complaint, on April 27, Earnest drove to the Chabad of Poway Synagogue, where members of the congregation were gathered to engage in religious worship celebrating Shabbat and the last day of Passover. Earnest entered the building armed with an AR-15 style semi-automatic rifle that was fully loaded with a 10-round magazine. He wore a chest rig that contained five additional magazines, each loaded with 10 rounds of ammunition.

The affidavit alleges that while inside the Poway Synagogue, Earnest opened fire, killing one person and injuring three other members of the congregation, including a juvenile. During a pause when Earnest unsuccessfully attempted to reload his firearm, several congregant members, including an off-duty Border Patrol Agent, chased Earnest, and Earnest fled from the Synagogue. Earnest was subsequently apprehended by law enforcement authorities who discovered the AR-15 and additional magazines of ammunition in his car.

The affidavit further alleges that after the shooting, law enforcement investigators found a manifesto online bearing Earnest’s name. In the manifesto, Earnest made many anti-Semitic and anti-Muslim statements. Specifically, Earnest referred to “Jews” as a race, and he stated his only regret was that he did not kill more people.

According to the affidavit, Earnest also admitted in the manifesto to the arson of the Dar-ul-Arqam Mosque in March 2019. The affidavit alleges that on March 24, seven individuals were inside the mosque when they smelled gasoline and saw flames coming through the crack of one of the mosque’s doors. The individuals put out the fire, but not before the fire had damaged the exterior of the mosque. The affidavit further alleges that surveillance video showed a suspect arriving at the mosque in the same type of vehicle Earnest used in committing the attack on the Synagogue. The defendant allegedly claimed in his manifesto that he was inspired by the Tree of Life synagogue shooting in Pittsburgh, Pennsylvania, and the recent shootings at two mosques in New Zealand.

Assistant U.S. Attorneys Shane Harrigan, Peter Ko, John Parmley, and Caroline Han, along with Trial Attorney Rose Gibson of the Civil Rights Division, are prosecuting this case on behalf of the government. The FBI, San Diego Sheriff’s Office, ATF, San Diego Police Department, and Escondido Police Department conducted the investigation.

Some of the charges, by statute, make Earnest eligible for the death penalty. The Attorney General will decide whether to seek the death penalty at a later time. Earnest is currently in state custody pending state criminal charges.

An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty in a court of law.

For more information about the Department of Justice’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop portal with links to Department of Justice hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals. 

DEFENDANT                                               Case Number 19cr1850                                           

John T. Earnest                                               Age: 19                                   San Diego, CA

SUMMARY OF CHARGES

Obstruction of Free Exercise of Religious Beliefs Resulting in Death and Bodily Injury; and Involving Attempt to Kill, Use of a Dangerous Weapon - 18 U.S.C. §§  247(a)(2), 247(d)(1) and 247(d)(3)

Maximum penalty: Life in prison or death and $250,000 fine

Hate Crime Acts – 18 U.S.C. § 249(a)(1)(B)(i)(ii)

Maximum penalty: Life in prison and $250,000 fine

Damage to Religious Real Property Involving Use of a Dangerous Weapon or Fire – 18 U.S.C. §§ 247(a)(1), 247 (d)(3) 

Maximum penalty: Twenty years in prison and $250,000 fine

Using and Carrying a Firearm During and In Relation to a Crime of Violence – Title 18, U.S.C., Sec. and 924(c) and 924(j)

Maximum penalty: Life in prison or death and $250,000 fine, mandatory minimum 10 years in prison

Using and Carrying a Firearm During and In Relation to a Crime of Violence – Title 18, U.S.C., Sec. and 924(c)

Maximum Penalty: Life in prison and $250,000 fine, mandatory minimum 10 years in prison

AGENCIES

Federal Bureau of Investigation

San Diego County Sheriff’s Department

San Diego Police Department

Bureau of Alcohol, Tobacco, Firearms and Explosives

San Diego County District Attorney’s Office

Escondido Police Department

 

 

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1NboP34oUKBrZBejWJ9Pt8gE8xzqkwAYKY2Re5HApmWo
  Last Updated: 2023-10-21 04:38:02 UTC
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7

Description: A unique number assigned to each defendant in a magistrate case
Format: A3

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
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Description: A code indicating the type of legal counsel assigned to a defendant
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE1
Format: N2

Description: The four digit AO offense code associated with FTITLE1
Format: A4

Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE2
Format: N2

Description: The four digit AO offense code associated with FTITLE2
Format: A4

Description: The four digit D2 offense code associated with FTITLE2
Format: A4

Description: A code indicating the severity associated with FTITLE2
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE3
Format: N2

Description: The four digit AO offense code associated with FTITLE3
Format: A4

Description: The four digit D2 offense code associated with FTITLE3
Format: A4

Description: A code indicating the severity associated with FTITLE3
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE4
Format: N2

Description: The four digit AO offense code associated with FTITLE4
Format: A4

Description: The four digit D2 offense code associated with FTITLE4
Format: A4

Description: A code indicating the severity associated with FTITLE4
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE5
Format: N2

Description: The four digit AO offense code associated with FTITLE5
Format: A4

Description: The four digit D2 offense code associated with FTITLE5
Format: A4

Description: A code indicating the severity associated with FTITLE5
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
Format: YYYYMMDD

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
Magistrate Docket Number:   SD-CA  3:19-mj-01900
Case Name:   USA v. Earnest
  Press Releases:
Assistant U. S. Attorneys Shane Harrigan (619) 546-6981, Caroline Han (619) 546-6968  and Peter Ko (619) 546-7359  

NEWS RELEASE SUMMARY – May 9, 2019

SAN DIEGO – The U.S. Department of Justice today charged a Rancho Peñasquitos man with federal hate crimes, including the murder of one person and the attempted murder of 53 others, for his actions during the April 27 shooting at the Chabad of Poway Synagogue.

John T. Earnest, 19, was charged by criminal complaint with 109 hate crimes violations. The complaint alleges that these crimes were motivated by hatred toward the Jewish community.

“We will not allow our community members to be hunted in their houses of worship, where they should feel free and safe to exercise their right to practice their religion,” said U.S. Attorney Robert S. Brewer, Jr. “Our actions today are inspired by our desire to achieve justice for all of the victims and their families.”

“No one in this country should be subjected to unlawful violence, injury, or death for who they are or for their religious beliefs,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Department will vigorously prosecute those who commit hate crimes and acts of domestic terrorism, and we will continue to work with our state and local partners to bring to justice anyone who violates the civil rights of Americans.”

“The FBI is steadfast in our commitment to gather all the facts and ensure justice is served in this case,” said FBI San Diego Acting Special Agent in Charge Suzanne Turner. “As we work together to bring justice and begin the healing process, our community has shown extraordinary strength and unity on so many levels - from our law enforcement partners, diverse faith-based communities, and extending to our citizens and neighbors.”

According to the affidavit in support of the criminal complaint, on April 27, Earnest drove to the Chabad of Poway Synagogue, where members of the congregation were gathered to engage in religious worship celebrating Shabat and last day of Passover. Earnest entered the building armed with an AR-15 style semi-automatic rifle that was fully loaded with a 10-round magazine.

He wore a chest rig which contained five additional magazines, each loaded with ten rounds of ammunition. The affidavit alleges that while inside the Poway Synagogue, Earnest opened fire, killing one person and injuring three other members of the congregation, including a juvenile. During a pause when Earnest unsuccessfully attempted to reload his firearm, several congregant members, including an off-duty Border Patrol Agent, chased Earnest as he fled from the Synagogue. Earnest fled the scene in his car, but was subsequently apprehended by law enforcement authorities who discovered the AR-15 and additional magazines of ammunition in his car.

The affidavit further alleges that after the shooting, law enforcement investigators found a manifesto online bearing Earnest’s name. A copy of the mainfesto was later found on Earnest’s laptop during the execution of a search warrant. In the manifesto, Earnest made many anti-Semitic and anti-Muslim statements. Specifically, Earnest referred to “Jews” as a race, and he stated his only regret was that he did not kill more people.

According to the affidavit, Earnest also admitted in the manifesto to the arson of an Escondido Mosque in March 2019. The affidavit alleges that on March 24, 2019, seven individuals were inside the mosque when they smelled gasoline and saw flames coming through the crack of one of the mosque’s doors. The individuals put out the fire, but not before the fire had damaged the exterior of the mosque. The affidavit further alleges that surveillance video showed a suspect arriving at the mosque in the same type of vehicle Earnest used in committing the attack on the Synagogue. The defendant allegedly claimed in his manifesto that he was inspired by the Tree of Life synagogue shooting in Pittsburgh, Pennsylvania, and the recent shootings at two mosques in New Zealand.

Specifically, the complaint charges 109 hate crimes violations:

54 counts of obstruction of free exercise of religious beliefs using a dangerous weapon, resulting in death, bodily injury, and attempts to kill;

54 counts of hate crimes in relation to the shooting in violation of the Mathew Shepard and James Byrd Jr. Hate Crimes Prevention Act; and,

One count of damage to religious property by use of fire in relation to the attempted arson of the mosque.

When hate crimes are intended to intimidate and coerce a civilian population, they may also be considered acts of domestic terrorism. 

Assistant United States Attorneys Shane Harrigan, Peter Ko, John Parmley, and Caroline Han, along with Trial Attorney Rose Gibson of the Civil Rights Division, are prosecuting this case on behalf of the government. The FBI, San Diego Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigations.

Earnest faces a maximum possible penalty of death, or life without parole. He is currently in state custody pending state criminal charges.

The defendant is expected to make his first appearance in federal court on Tuesday May 14 at 2 p.m. before U.S. Magistrate Judge Michael Berg.

*The charges and allegations contained in a complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.

DEFENDANT                                               Case Number 19MJ1900                                         

John T. Earnest                                               Age: 19                                   San Diego, CA

SUMMARY OF CHARGES

Obstruction of Free Exercise of Religious Beliefs Resulting in Death and Bodily Injury; and Involving Attempt to Kill, Use of a Dangerous Weapon - 18 U.S.C. §§  247(a)(2), 247(d)(1) and 247(d)(3)

Maximum penalty: Life in prison or death and $250,000 fine

Hate Crime Acts – 18 U.S.C. § 249(a)(1)(B)(i)(ii)

Maximum penalty: Life in prison and $250,000 fine

Damage to Religious Real Property Involving Use of a Dangerous Weapon or Fire – 18 U.S.C. §§ 247(a)(1), 247 (d)(3) 

Maximum penalty: Twenty years in prison and $250,000 fine

AGENCIES

Federal Bureau of Investigation

San Diego County Sheriff’s Department

San Diego Police Department

Bureau of Alcohol, Tobacco, Firearms and Explosives

San Diego County District Attorney’s Office

Escondido Police Department

 

 

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1Mv-KlF8s_wYI-d7NDTtKTp02NWRE_o9W7wi__b61TfY
  Last Updated: 2023-10-21 04:52:27 UTC
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7

Description: A unique number assigned to each defendant in a magistrate case
Format: A3

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2

Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2

Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE1
Format: N2

Description: The four digit AO offense code associated with FTITLE1
Format: A4

Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE2
Format: N2

Description: The four digit AO offense code associated with FTITLE2
Format: A4

Description: The four digit D2 offense code associated with FTITLE2
Format: A4

Description: A code indicating the severity associated with FTITLE2
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE3
Format: N2

Description: The four digit AO offense code associated with FTITLE3
Format: A4

Description: The four digit D2 offense code associated with FTITLE3
Format: A4

Description: A code indicating the severity associated with FTITLE3
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE4
Format: N2

Description: The four digit AO offense code associated with FTITLE4
Format: A4

Description: The four digit D2 offense code associated with FTITLE4
Format: A4

Description: A code indicating the severity associated with FTITLE4
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE5
Format: N2

Description: The four digit AO offense code associated with FTITLE5
Format: A4

Description: The four digit D2 offense code associated with FTITLE5
Format: A4

Description: A code indicating the severity associated with FTITLE5
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
Format: YYYYMMDD

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
F U C K I N G P E D O S R E E E E E E E E E E E E E E E E E E E E