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JEFFERSON CITY, Mo. (FBI) – Two members of the 2nd American Militia have been convicted by a federal trial jury for their roles in a conspiracy to murder U.S. Border Patrol agents and, related to their shooting at FBI agents at the time of their arrest, of attempting to murder federal agents.
Jonathan S. O’Dell, 34, of Warsaw, Mo., and Bryan C. Perry, 39, of Clarksville, Tennessee were found guilty on Thursday, Nov. 7, of conspiracy to murder officers and employees of the United States government. They planned to travel to Texas to shoot at illegal immigrants crossing the United States – Mexico border. They also planned to murder officers and employees of the U.S. Border Patrol who would attempt to stop them.
O’Dell and Perry also were found guilty of a conspiracy to assault federal officers and employees and a conspiracy to injure federal officers and employees. They were found guilty of seven counts of the attempted murder of FBI special agents, seven counts of assaulting FBI special agents with a deadly weapon, three counts of assaulting FBI special agents, 14 counts of using a firearm in furtherance of a crime of violence, and one count of damaging federal property.
Additionally, O’Dell was found guilty of one count of threatening to injure another person. On the morning of the first day of trial, O’Dell also pleaded guilty to one count of illegally possessing a firearm while subject to a court order of protection, one count of making a false statement to a federal agent, and one count of escaping from custody. O’Dell escaped from the Phelps County Jail in Rolla, Mo., on Sept. 29, 2023, while being detained in this case. He stole a car and fled to Ray County, Mo., where he was recaptured following a high-speed flight from law enforcement on Oct. 1, 2023.
Additionally, Perry was found guilty of two counts of being a felon in possession of a firearm, one count of possessing body armor by a violent felon, and one count of threatening to injure another person.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Perry has a prior felony conviction for aggravated robbery.
Evidence introduced during the trial indicated that, throughout the summer, and fall of 2022, Perry and O’Dell recruited and attempted to recruit other individuals to join the 2nd American Militia, a group they co-founded. They advertised a recruitment event in Warsaw prior to leaving for the United States – Mexico border.
On Sept. 5, 2022, Perry, bringing at least two stolen firearms, body armor, and gas masks with him, traveled from Tennessee to Warsaw to live with O’Dell. They used O’Dell’s residence as a staging site as they prepared for their trip to the border and collected firearms, paramilitary gear, ammunition, and other supplies.
Perry posted several videos on TikTok in an attempt to recruit other members into their conspiracy. O’Dell and Perry also communicated with several individuals outside the state of Missouri.
On Sept. 12, 2022, Perry posted a video on TikTok in which he discussed illegal immigrants coming into the United States from Mexico. Perry stated that the U.S. Border Patrol was committing treason by allowing these illegal immigrants to enter the United States, and that the penalty for treason was death. Perry posted another video on TikTok the next day in which he stated that he was “ready to go to war against this government.”
On Sept. 22, 2022, Perry posted a video on TikTok in which he stated, “we’re out to shoot to kill” and that “our group is gonna go protect this country.” On Oct. 3, 2022, Perry posted a video on TikTok in which he stated, “we were going out huntin’,” that his group was taking their “full kits,” and that they were leaving for the United States – Mexico border on Oct. 8, 2022.
O’Dell and Perry continued to conduct preparatory steps to further their conspiracy, including continuing to recruit others, attempting to acquire other gear, and practicing shooting at targets with firearms.
On Oct. 7, 2022, the FBI executed a search warrant at O’Dell’s residence. Federal agents approached the property at about 6 a.m. in vehicles with red and blue lights activated. As the FBI approached, an agent utilized a loudspeaker in the lead armored vehicle, the “Bearcat,” to announce they were with the FBI and that they had a search warrant for the residence. Seven agents were inside or behind the Bearcat. The FBI agent began to repeat the announcement, again stating that they were with the FBI, when gunshots were fired from a front window at the lead FBI vehicle. Perry fired 11 shots from his Voodoo Innovations multi-caliber rifle with an AM-15 lower receiver. Several rounds hit the lead FBI vehicle.
Agents responded by deploying flash bangs around the residence. Agents used the Bearcat to conduct a breach of the front door of the residence using an affixed ram. Agents did not return fire and, after the gunshots ceased, the FBI established a perimeter and began communicating with the persons inside the residence to come out.
O’Dell and his girlfriend came out of the residence and surrendered to authorities. Perry eventually came out of the residence. Perry took down an American flag from the front porch of the residence and walked down the steps while waving the flag. After beginning to walk to the agents, Perry then turned around and moved back to the residence. Agents pursued Perry, who began to fight and swing his fists, striking the agents several times and causing injury to at least one agent before he was taken into custody.
Agents then searched the residence and found six firearms, 23 magazines filled with ammunition, 1,770 rounds of various other ammunition, 11 spent casings, two sets of body armor with corresponding plate carrier vests, one handheld radio, two sniper rests, two gas masks, two ballistic helmets, multiple containers of a binary explosive mixture commonly sold as an exploding target, zip ties, and two 2nd American Militia patches. Agents also found two go-bags that contained food, provisions, and other gear.
Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for about two hours and 23 minutes before returning guilty verdicts yesterday to U.S. District Judge Brian C. Wimes, ending a trial that began Monday, Oct. 28.
Under federal statutes, O’Dell and Perry each are subject to a mandatory minimum sentence of 10 years in federal prison without parole, and up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Casey Clark and Ashley Turner. It was investigated by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the Missouri State Highway Patrol, the Phelps County, Mo., Sheriff’s Department, the Ray County, Mo., Sheriff’s Department, the Caldwell County, Mo., Sheriff’s Department, and the Kansas City, Mo., Police Department.
