KANSAS CITY, Mo. — A Missouri man was one of two people convicted by a federal trial jury Thursday for their roles in a conspiracy to murder U.S. Border Patrol agents.
34-year-old Jonathan S. O’Dell of Warsaw, Missouri, and 39-year-old Bryan C. Perry of Clarksville, Tennessee, were found guilty of conspiracy to murder officers and employees of the United States government.
The two men arranged 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.
In addition, 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, Missouri, on Sept. 29, 2023, while being detained in this case. He stole a car and fled to Ray County, where he was recaptured following a high-speed chase two days later.
Perry was also 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. He 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 a group they co-founded called the "2nd American Militia."
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 videos on TikTok across September and October 2022 to recruit other members into their conspiracy. O’Dell and Perry also communicated with several individuals outside the state of Missouri.
They 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.
As they approached, an agent utilized a loudspeaker in an armored vehicle to announce they were with the FBI and had a search warrant for the residence. Seven agents were inside or behind the vehicle.
The FBI agent began to repeat the announcement when gunshots were fired from a front window at the vehicle. Perry fired 11 shots from his multi-caliber rifle and several rounds hit the vehicle.
Agents responded by deploying flash bangs around the residence. Agents then conducted a breach of the front door of the residence using a ram.
Agents did not return fire and, after the gunshots stopped, the FBI established a perimeter and began communicating with the people inside the residence to come out.
O’Dell and his girlfriend came out of the residence and surrendered to authorities while Perry eventually followed suit.
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 towards the agents, Perry then turned around and went back into the residence.
Agents followed Perry, who began to fight and swing his fists, striking the agents several times and injuring 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, and various other supplies.
The jury in the U.S. District Court in Jefferson City deliberated for less than two and a half hours before returning guilty verdicts Thursday 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.
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