(Source: MIRS.news, Published 08/23/22) A federal jury gave a victory to the federal government Tuesday -- convicting two men of leading a conspiracy to kidnap and kill Gov. Gretchen Whitmer in summer 2020.
Tuesday's verdict against Barry Croft Jr., 46, of Delaware, and Adam Fox, who has had Potterville and Wyoming addresses, came about four months after a prior jury deadlocked on charges against Croft and Fox but acquitted two others.
"Today's verdicts prove that violence and threats have no place in our politics and those who seek to divide us will be held accountable," Whitmer said in a statement. “They will not succeed. But we must also take a hard look at the status of our politics.”
"Plots against public officials and threats to the FBI are a disturbing extension of radicalized domestic terrorism that festers in our nation, threatening the very foundation of our republic," she added.
Jurors spent about eight hours deliberating over two days before returning guilty verdicts against both for conspiracy to kidnap and conspiracy to use a weapon of mass destruction.
Croft also was convicted of possession of an unregistered destructive device – an improvised explosive wrapped in pennies for shrapnel.
Both defendants face up to life in prison. A sentencing date has not been set.
"These defendants believed their anti-government views justified violence," Special Agent in Charge James A. Tarasca of the FBI's Detroit office said. "Today's verdict sends a clear message that they were wrong in their assessment."
Christopher Gibbons, who represents Fox, said his client "is disappointed" and will pursue his appellate and post-conviction options while Croft's attorney, Joshua Blanchard, said he would not discuss his "private conversations" with his client, according to a video from media outlets.
"There have been issues pertaining to the jury. There are orders in place restricting our ability to discuss the jury issues," Gibbons said.
Among the jury issues was one who allegedly told co-workers that he or she had already decided, according to a defense filing reported by the Detroit News. The document has since been sealed by the court.
Another potential issue occurred during jury selection when one juror admitted that her daughter-in-law got high with Fox at a boat launch on the day he surveilled Whitmer's vacation home, but the defense did not boot her. The juror said her daughter-in-law was intoxicated that day and didn't remember anything.
Croft and Fox were two of 14 men charged in state and federal courts with crimes related to the plot.
The prosecution argued the defendants' anti-government view began before and lead to the plot. They told the jury that the defendants wanted a second American civil war or revolution, which they called the "boogaloo."
The investigation began when an Army veteran, who joined the Wolverine Watchmen to maintain his shooting skills, reported to a police officer friend the group's talk about killing police.
The veteran, Dan Chappel, agreed to serve as an informant and jurors heard secret recordings he and undercover FBI agents made of bombs being built, firearm training exercises and surveillance runs of the governor's vacation home.
Defense attorneys argued their clients were "big talkers," who enjoyed smoking marijuana and that it was the FBI agents and confidential informants who spearheaded the plot.
The plot included a plan to kidnap Whitmer from her vacation home and to use a bomb to destroy a bridge to slow law enforcement officers' response.
During closing arguments they blamed prosecutors for manipulating evidence by playing only snippets of recordings.
In April, the first jury acquitted Brandon Caserta, of Canton, and Daniel Harris, of Lake Orion.
Kaleb Franks, of Waterford, and Ty Garbin, of Hartland Township, both pleaded guilty to the conspiracy. Garbin was sentenced to 75 months in prison while Franks' sentencing hearing is 4 p.m. Oct. 6.
Lonnie Scott, executive director of Progress Michigan, said holding Croft and Fox accountable "is a good start in our ongoing battle against right-wing extremist political violence, but it is just that – a start."
Lt. Gov. Garlin Gilchrist II agreed, saying he has seen Whitmer's "dedication and commitment to the people of Michigan" and that the administration team will "keep working hard, standing tall and standing tough" as they live up to their oath.
"Our differences must never be settled through violence," he said in a statement. "We need to be honest and clear about what causes violence by extremists and do all we can to address the root cause of it."
Former President Donald Trump arguably disagreed, telling conservative activists three days before jury selection that the kidnapping plan was a “fake deal,” according to media reports.
In state court, the Attorney General's office has charged eight men with providing material support for terrorist acts and related charges for their alleged roles in the plot. Three of those defendants face trial in October in Jackson County while the remaining five have a preliminary exam in Antrim County District Court set for Aug. 29.
Meanwhile, Blanchard has a pending federal lawsuit against the U.S. Attorney's Office, alleging the office failed to respond to his Freedom of Information Act request. Blanchard wants a document explaining why U.S. Attorney Mark Totten recused himself from the case.
