Federal Grand Jury Returns A Superseding Indictment Adding New Charges In The Conspiracy To Kidnap Michigan Governor Gretchen Whitmer

 Three Defendants Charged with Conspiracy to Use a Weapon of Mass Destruction and Two Defendants Charged with Federal Firearms Violations

          GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that a federal grand jury returned a superseding indictment that adds new charges of conspiracy to use a weapon of mass destruction against three defendants and adds federal firearms violations against two defendants in the case alleging a conspiracy to kidnap the governor of Michigan, Gretchen Whitmer.

          According to court documents, Adam Fox, 40, of Wyoming, Michigan; Barry Croft Jr., 45, of Bear, Delaware; and Daniel Joseph Harris, 23, of Lake Orion, Michigan, are charged with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft and Harris intended to use the devices to facilitate their plot to kidnap the governor by harming and hindering the governor’s security detail and any responding law enforcement officers.

         The superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft and Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration and Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 and Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.

         Defendant Ty Garbin entered a guilty plea in December 2020 to the original indictment charging him with conspiracy to kidnap the governor. Garbin faces up to life in prison for his conviction and awaits sentencing.

         Defendants Adam Fox, Barry Croft, Kaleb Franks, Daniel Harris and Brandon Caserta each face up to life in prison if convicted of the kidnapping conspiracy. Fox, Croft, and Harris each face up to life in prison if convicted of conspiracy to use a weapon of mass destruction. Croft and Harris each face up to 10 years in prison if convicted of possession of an unregistered destructive device. Harris faces up to 10 years in prison if convicted of possession of an unregistered short barrel rifle. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

        The new charges arise from an ongoing investigation conducted by the FBI, with valuable assistance provided by the National Security Division’s Counterterrorism Section, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and members of the Joint Terrorism Task Force, including the Michigan State Police.

        An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.