PHOENIX- A federal grand jury in Phoenix returned an 8-count superseding indictment yesterday against Kurt William Havelock, 36, of Tempe, Ariz. for Mailing Threatening Communications, Receipt of a Firearm With Intent To Commit a Felony, and Receipt of Ammunition With Intent to Commit a Felony in connection with an investigation into his threats to injure people in the vicinity of Super Bowl XLII in February 2008. Havelock remains in federal custody and will be arraigned on the new charges on Wednesday, April 9, 2008 at 10:00 a.m. His trial is set for May 6, 2008 in front of U.S. District Judge Roslyn O. Silver.
The indictment alleges that Havelock mailed threatening letters to various media outlets including The New York Times, Los Angeles Times, and Phoenix New Times, containing threats to kill people in the vicinity of Super Bowl XLII played in Glendale, Ariz. According to court records from a February detention hearing, the threatening letters were mailed from a Post Office in Glendale but were intercepted by law enforcement prior to reaching the intended recipients. The indictment also alleges that days prior to the mailing of the threatening letters, Havelock purchased a Bushmaster rifle and ammunition with the intent to carry out murder and assault.
A conviction for Mailing Threatening Communications carries a maximum penalty of five years in federal prison, a $250,000 fine or both. A conviction for Receipt of Firearm With Intent To Commit a Felony carries a maximum penalty of 10 years in federal prison, a $250,000 fine or both A conviction for Receipt of Ammunition With Intent to Commit a Felony carries a maximum penalty of 10 years in federal prison, a $250,000 fine or both In determining an actual sentence, Judge Silver will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the FBI, the U.S. Postal Inspection Service and the Tempe Police Department. The prosecution is being handled by Michael T. Morrissey, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-08-0116-PHX-ROS
RELEASE NUMBER: 2008-082(Havelock)