U.S. National Sentenced to 22 Years For Attempted Murder of U.S. Diplomat in Mexico

 

This past July we blogged about the guilty plea of U.S. national and former medical student Zia Zafar over his attempted murder of Christopher Ashcraft, a U.S. diplomat assigned at the U.S. Consulate General in Guadalajara, Mexico (see U.S. National Zia Zafar Pleads Guilty to the Attempted Murder of U.S. Consulate Official in Mexico).

We posted previously about this case:

On November 7, USDOJ announced that Zia Zafar was sentenced to 22 years in prison for the attempted murder of Mr. Ashcraft. In addition to the prison sentence, Zafar was sentenced to serve eight years of supervised release. The DOJ release also notes that Mr. Ashcraft survived the attack, but that “the bullet remains lodged in his spinal column, as it was deemed too dangerous to remove.”

The original statement is available here.

U.S. National Sentenced to 22 Years in Prison for the Attempted Murder of U.S. Consulate Official in Mexico

A U.S. national and former medical student was sentenced to 264 months in prison for the 2017 shooting of a U.S. diplomat stationed at the U.S. Consulate in Guadalajara, Mexico.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Acting Special Agent in Charge Tom Jones of the FBI’s Miami Field Office and Principal Deputy Assistant Secretary Christian J. Schurman for U.S. Department of State Diplomatic Security and Director for Diplomatic Security Service (DSS), made the announcement.

Zia Zafar, 33, of Chino Hills, California, previously pleaded guilty to one count of attempted murder of an internationally protected person and one count of discharging a firearm during a crime of violence.  Zafar was sentenced by U.S District Judge Anthony J. Trenga of the Eastern District of Virginia.  In addition to the prison sentence, Zafar was sentenced to serve eight years of supervised release.

“Zia Zafar targeted a U.S. government employee and surveilled him before shooting him in the chest at close range,” said Assistant Attorney General Benczkowski.  “The Department of Justice will do everything in its power to prosecute anyone who targets U.S. officials at home or abroad.  I commend the investigative team and our law enforcement partners in Mexico for their outstanding work in bringing Zafar to justice for this premediated heinous act.”

“The FBI works closely with international partners and security services in order to conduct complex investigations and acquire evidence from abroad for criminal prosecutions in the United States,” said FBI Acting Special Agent in Charge Jones.  “I want to thank the Mexican government for their full support and cooperation throughout this investigation.”

“The Vice Consul was targeted and shot because he represented the United States,” said U.S. Attorney Terwilliger. “No one should doubt the resolve of law enforcement to steadfastly investigate and apprehend those who attack us. I wish to express our sincere thanks to the many United States and Mexican law enforcement agencies involved in the apprehension and return of this defendant to the United States to face justice.”“The Vice Consul was targeted and shot because he represented the United States,” said U.S. Attorney Terwilliger. “No one should doubt the resolve of law enforcement to steadfastly investigate and apprehend those who attack us. I wish to express our sincere thanks to the many United States and Mexican law enforcement agencies involved in the apprehension and return of this defendant to the United States to face justice.”

“Today’s sentencing of Zia Zafar sends a strong message: Diplomatic Security is committed to making sure those who attack diplomatic personnel representing America abroad face serious consequences,” said Principal Deputy Assistant Secretary Schurman.  “Diplomatic Security’s strong relationships with the U.S. Department of Justice and U.S. and foreign law enforcement partners around the world continue to be essential in the pursuit of justice.  Such crimes threaten the national security of the United States.”

According to admissions made in connection with his guilty plea and facts presented at the sentencing hearing, on Jan. 6, 2017, Zafar, then living in Guadalajara, Mexico, armed himself with a firearm and wore a wig and sunglasses to disguise his appearance.  He then waited in a parking garage for the victim, a vice consul who worked at the U.S Consulate in Guadalajara, following him as he walked towards his vehicle.  After noticing a security guard nearby, Zafar changed his location to the vehicle exit ramp, where he waited for the vice consul to exit.  When the vice consul approached the exit in his car, Zafar fired a single shot into the vehicle, striking the vice consul in his chest.  The vice consul survived, but the bullet remains lodged in his spinal column, as it was deemed too dangerous to remove.  Zafar admitted that he targeted the vice consul because he knew from earlier surveillance that the victim worked at the U.S. Consulate.

FBI and DSS investigated the case in close cooperation with Mexican authorities and with valuable assistance from the Justice Department’s Office of International Affairs, the U.S. Drug Enforcement Administration and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Ron Walutes of the Eastern District of Virginia prosecuted the case.

#

We were hoping that court records would provide some more clarity about this case, unfortunately, they don’t. We wanted to understand what made Consulate Guadalajara or this official the specific target in this attack. There is no mention in the unsealed court records of a visa denial as a motive in this attack.  U.S. Attorney Terwilliger says, “The Vice Consul was targeted and shot because he represented the United States.” All consulate officials represent the United States in Guadalajara, what made this specific diplomat the target?  The U.S. national attacker reportedly lived in California but was studying in Mexico. This individual left California, went to Mexico, and then later decided to surveil the consulate in Guadalajara in order to find a target? Why? What made him decide he suddenly wanted to shot a representative of his own country one day? What was the trigger? This case remains perplexing to us.

#

Advertisements

Halloween 2018: A Great Day For Scaring Kids, Also a Frightful Time For All Else

 

ALSO IN FRIGHTFUL NEWS: The United States could deploy 7,000 armed troops to the US-Mexican border a week before Election Day. It could go up to 15,000, roughly what we have in Afghanistan and three times what the United States deployed to Iraq. Since Mexico refused to fund that wall, the President of the United States now says “”We have to have a wall of people”. Presumably, our friends to the south are not going to pay for this “wall of people” either, so U.S. taxpayers are already saddled with this tab. And since the deployment to the border number will likely kept growing the next few days, the Pentagon probably should ask how deep is this “wall of people” the Commander-in-Chief is talking about.

Meanwhile in Yemen, people have been dying the last three years. Now 14 million people face starvation as the U.S. government continue its military support of Saudi Arabia’s war (see Secretary Pompeo Saves $2Billion Weapons Sales From Jeopardy). USG is now seeking a cease-fire over there. Why now? Is it because half of Yemen’s population is on the brink of famine? Or is it because the world is finally paying attention to US-support of the war in Yemen after the Khashoggi murder?  Former USNATO Ambassador Robert Hunter writes that “blanket U.S. support for the Saudi air campaign means that it cannot escape its own share of responsibility.”

Also back in 2010, a State/OIG report estimated that the Yemeni-American community in that country was about 55,000. There were no USG-organized evacuations when war broke out. For those covering Yemen, please ask the Secretary of State his department’s estimate on how many Yemeni-Americans were killed in this war.

#

Is @StateDept Working to Minimize the Health Attacks in China? #Cuba #MissingARBs

Via  NBC News:

NBC News also reviewed hundreds of pages of medical records of U.S. government workers evacuated from both Cuba and China, including those the U.S. has “medically confirmed” were attacked and those it ultimately said were not.
[…]

Most of the American diplomatic evacuees have improved enough to resume work, State Department officials said. Some have been granted accommodations, such as shortened work hours, dimmed office lights or special glasses. Meanwhile, the White House National Security Council is preparing legislation to deal with gaps that Workers’ Compensation doesn’t currently cover, such as care for affected spouses or pay-outs for permanent impairment of the brain.

In internal State Department instructions reviewed by NBC News, workers in Cuba and China were told not to discuss what they knew with the public, with reporters or on social media.
[…]

In May, Pompeo called Werner’s case “entirely consistent” with the Cuba patients. But now top U.S. diplomats say they’re not sure it’s the same thing, with one telling the House Foreign Affairs Committee it’s “apples and oranges.”

And the State Department, in explaining why it’s not setting up a review board to assess the response in Cuba, told NBC News that Pompeo didn’t believe there was enough information to prove that Werner’s injury was “related to a U.S. government mission abroad.”

Somebody please set us straight here. Wasn’t there an ARB for the Cuba attack? Or was there an ARB Havana but no ARB Guangzhou? How did State made a determination that there wasn’t enough information  the injury was “related to a U.S. government mission abroad” without convening an Accountability Review Board? Did they use their Magic 8 crystal ball?

#

Related posts:

Travel Alert: 72 Hours of Hate in America

 

The UK Foreign and Commonwealth Office (FCO) travel advice current as of October 29 notes the reporting on a number of suspicious packages and devices have been sent to prominent locations in New York City and Washington DC in the last few days, including the CNN offices at the Time Warner Center and the homes of former Presidents Clinton and Obama. “The FBI continue to investigate, but there is currently nothing to suggest that there is a specific threat to British nationals.” It also says “Terrorists are very likely to try to carry out attacks in the USA. Attacks could be indiscriminate, including in places visited by foreigners. You should monitor media reports and remain vigilant at all times.”

Ireland’s travel advice, current as of October 28 notes that “There is an increased threat of terrorism and extremist violence worldwide and this should be borne in mind by Irish citizens living and working in the USA. The USA has also witnessed a number of mass shootings in recent years.”  They forgot to add that massshootingtracker.org indicates that there has been 363 mass shootings in the United States in 2018 alone (a mass shooting defined to be an incident of violence in which 4 or more people are shot). 

Australia’s travel advice says The United States has more violent crime than Australia, although it rarely involves tourists. Shootings, including mass shootings, can occur in public places.” (We must add that these public places include a concert venue, a nightclub, elementary schools, colleges, churches, synagogues, a fast food restaurant, post office, a movie theater, private residences, military headquarters, neighborhoods, an immigration center, workplaces, and cafeterias).

New Zealand’s alert is the only one that specifically mentions the risk of domestic-based extremists that we’ve seen in 72 hours: The United States remains a likely target for terrorist activity by domestic-based extremists and internationally-trained individuals and groups, and we continue to receive reports that terrorist groups are planning attacks against the United States. Terrorist attacks have occurred in the United States in recent years and a significant number of terror plots have been disrupted.”

AND NOW THIS FROM CANADA’S BRUCE MACKINNON:

#

Ex-@StateDept Employee Pleads Guilty to Student Loan Fraud

On October 19, USDOJ announced that Corey Cadet Dukes who worked for the State Department from 2013-2017 pleaded guilty to “fraudulently discharging over $200,000 in student loan debt.” Dukes reportedly worked as a GS-11 in Lorton, VA, and later as a GS-13 in the Springfield, VA location.

Former State Department Employee Pleads Guilty to Student Loan Fraud

ALEXANDRIA, Va. – A Georgia man pleaded guilty today to fraudulently discharging over $200,000 in student loan debt.

According to court documents, Corey Cadet Dukes, 39, of Jonesboro, and formerly of Alexandria, was an employee of the U.S. Department of State from 2013-2017. Simultaneously, Dukes was also a full-time supervisor for a security company providing protection to a federal building in Washington, D.C. Nevertheless, Dukes applied through the Department of Education for a Total and Permanent Disability (TPD) discharge of over $200,000 in student loan debt, affirming that he was unable to work and was disabled.

The Department of Education conditionally discharged Dukes’ student loans subject to successful completion of a three-year income monitoring period, which required that TPD applicants not earn over the Federal Poverty Guidelines for a family of two, which was no higher than $16,020. Earned income over that amount triggered a repayment obligation and the loans would be reinstated. After failing to respond to multiple requests for proof of income, in October 2016, Dukes submitted a signed self-certification stating: “I, Corey Dukes, did not have any earned income from May 1, 2013 – October 13, 2016.” In reality, during this same period Dukes had earned over $331,000 from his two full-time jobs, had purchased a Bentley, a Porsche, and other luxury vehicles. The Department of Education permanently discharged $205,687.74 of Dukes’ student loan debt.

Dukes pleaded guilty to wire fraud and faces a maximum penalty of 20 years in prison when sentenced on Jan. 4, 2019. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Steve A. Linick, Inspector General of the State Department, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea. Assistant U.S. Attorneys Russell L. Carlberg and Kimberly R. Pedersen are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-298.

*

The Indictment includes the following details:

1. Defendant COREY CADET DUKES (hereafter “DUKES” or “the defendant”) resided in Leesburg, Virginia or Alexandria, Virginia, located within the Eastern District of Virginia. During approximately 2006-2012, DUKES had obtained multiple student loans from various lenders, totaling over $200,000 in principal.

2. From approximately October 11, 2012 though approximately August 11,2017, DUKES was employed full-time at Paragon Systems (“Paragon”) providing security services at a U.S. Government facility in Washington, D.C. as a supervisory security guard, and was paid an annual salary beginning at about $53,000 and increasing to approximately $70,000.

3. From approximately May 5, 2013 through approximately August 22, 2017, DUKES was also employed full-time by the U.S. Department of State (the “State Department”), as a GS-11 with a duty station first in Lorton, Virginia, then as a GS-13 in Springfield, Virginia, in the Eastern District of Virginia, and was paid an annual salary beginning at approximately $62,467 and increasing to approximately $97,956.

4. During portions of 2012 and 2015, DUKES also earned income working for Masters Security (“Masters”) as a security guard at various locations in and around the Eastern District of Virginia.

Folks, how does one have two full-time security jobs?

#

Mandatory Evacuation On For US Consulate General Basrah in Southern Iraq

In June last year, we blogged about the Tillerson State Department’s plan to close down the U.S. Consulate General in Basrah (see U.S. Consulate General #Basrah, Iraq: Six-Year Old Diplomatic Outpost Faces Closure).

On September 28, the State Department announced Secretary Pompeo’s determination to place the U.S. Consulate General in Basrah on “ordered departure” status. That means post is now under mandatory evacuation. Media reports elsewhere notes post’s “temporary” closure but we could not find a formal announcement for temporary closure, post closure, or suspension of operation.

Per 2 FAM 410, the final decision to open, close, or change the status of a diplomatic mission is made by the President.  The final decision to open, close, or change the status of a consular post, consular agency, branch, or special office is made by the Under Secretary for Management, a position that remains vacant.

A statement from Secretary Pompeo talks about the “temporary relocation of diplomatic personnel“, blames Iran, and cites “increasing and specific threats and incitements to attack our personnel and facilities in Iraq.”

Basrah is located in the southern-most province of Iraq, near the border with Kuwait and Iran and serves the four provinces of the region: Basrah, Muthanna, Dhi Qar, and Maysan.  The U.S Consulate General is adjacent to the Basrah International Airport and the facility, an interim project cost at least $150 million (this includes security and facility upgrades).  Post did not provide visa services or non-emergency American citizen services, both of which are provided by the U.S. Embassy in Baghdad.  Its consular services were limited to emergency American citizen issues.

CIA map

An updated Iraq Travel Advisory says:

The U.S. government’s ability to provide routine and emergency services to U.S. citizens in Iraq is extremely limited.  On September 28, 2018, the Department of State ordered the departure of U.S. government personnel from the U.S. Consulate General in Basrah.  The American Citizens Services (ACS) Section at the U.S. Embassy Baghdad will continue to provide consular services to U.S. citizens in Basrah.

A 2013 State/OG report notes the following about Basrah:

The Government of Iraq would like to reclaim the 108-acre compound that houses the U.S. consulate general—a former British forward operating base 12 miles from Basrah on an Iraqi military compound adjacent to the international airport. The embassy is committed to maintain a presence in the south of Iraq, not least because it is the largest source of new oil to market in the world, and many U.S. companies are pursuing commercial opportunities there. The local government supports a U.S. presence, and the Government of Iraq committed in a 2004 bilateral agreement to provide a permanent site for consulate operations. To date, however, there has been no progress identifying a future site. The U.S. Government does not have a land use agreement for the current compound. The consulate general’s hold on the property remains tenuous.

At the time of the inspection, the Department was completing a $150 million interim construction project to provide basic security and infrastructure upgrades, but the facility and its isolated location are not suitable for a diplomatic mission on more than a temporary basis. Employees live in deteriorating containerized housing units; the compound has no central generator grid or access to city power; all supplies, including food, have to be trucked to the compound; and the security support needed to interact with contacts in Basrah City is costly. Operating costs to maintain the current, oversized facility and its hundreds of guards and life support staff are approximately $100 million per year. The Department has not given priority to or identified funding for a purpose-built facility.

Basrah’s ability to sustain operations is fragile under the best of circumstances because of its location at the end of a supply chain beset by shipping delays, security concerns, and the difficulty in recruiting and retaining U.S. direct-hire staff. As long as the consulate general occupies a sprawling compound that requires nearly 1,200 support staff, efforts to reduce costs and develop a long-term diplomatic presence commensurate with U.S. interests will remain on hold. If the Department cannot decide soon on Basrah’s future, it will at the very least have to fund interim upgrades to make facilities livable.

Related posts:

 

US Embassy Senegal Inaugurates New Regional Tactical Training Center

On September 6, the State Department and the Government of Senegal inaugurated a new regional counterterrorism training facility in Thiès, Senegal.

U.S. and Senegalese officials formally dedicated the new Regional Tactical Training Center, which was funded, constructed, and equipped through the Department of State’s Antiterrorism Assistance (ATA) program. The new center is ATA’s first regional training facility in West Africa.

Once fully operational, the training center, part of a pre-existing Senegalese training facility, will reportedly expand ATA’s capacity to train Senegalese and other West African partner nation law enforcement officers at this regional counterterrorism training hub. ATA will provide training in hard skills such as crisis response, explosive incident countermeasures, post-blast investigations, and rural border patrol operations.

Photo via US Embassy Dakar

Below via:

Senegal Regional Tactical Training Center

With the success and subsequent growth of its regional training program in Jordan, ATA determined there was an operational need and an opportunity in Senegal to develop a West African regional training center.

ATA conducted a site survey in March 2015 at the pre-existing Tactical Training Center in Zone 7 (CET-7) in Thiès, Senegal. In January 2018, officials from both nations laid the cornerstone to begin construction of the new facility.

The new construction combined with the tactical capabilities of the pre-existing facility provide a modern regional training hub capable of conducting up to four ATA training programs simultaneously and in a more cost-efficient manner.

The RTTC includes a 100-person-capacity conference room, two classrooms, and an adjacent 900-square-foot warehouse with a secured armory, storage and staging rooms, a workshop area, and office space. A modular shoot-house with movable and interchangeable walls, an observation catwalk, and roof is planned for completion by September 2019.

The location of the new training center at the CET-7 affords ATA the use of the pre-existing, on-site tactical training and life-support facilities, including a simulated urban village, pistol and rifle ranges, more than 25 kilometers of terrain for land navigation and tracking, and a demolition range.

#

 

 

 

 

 

U.S. Embassy Antananarivo: Diplomat Found Dead After Apparent Attack in Residence

 

On September 24, the State Department issued a statement on the death of a U.S. diplomat assigned at the American Embassy in Antananarivo, Madagascar:

We are deeply saddened to confirm that a U.S. Foreign Service Officer was found dead in their residence in the overnight hours of Friday, September 21. Our deepest sympathies go out to the family and the U.S. Embassy Antananarivo community. U.S. investigators have opened an investigation into the matter as have the local Malagasy authorities, and a suspect is currently in custody. Out of respect for the family of the deceased as well as the ongoing investigative process, the Department does not have any additional comments at this time.

According to AFP,  the diplomat was found dead after an apparent attack in his residence in Madagascar’s capital and that the suspect had been arrested. “In the early hours of Sunday morning “after receiving a call from neighbours and private security guards, the gendarmerie night patrol found an American diplomat dead at his home,” police spokesperson Herilalatiana Andrianarisaona told AFP.”

A State/OIG report from May 2015 notes that US Embassy Antananarivo has a total staff of 296, with 57 U.S. direct-hire positions. A previous report dated February 2010 notes that there were 305 locally employed staff, and 275 contract guards.

In April 2010, the embassy occupied a new embassy compound (site acquisition was $3.6 million, and construction was $102.3 million), consisting of a chancery, a warehouse/shops facility, a Marine security guard quarters, and a swimming pool. Embassy housing consists of 38 leased and 2 government-owned residences, 1 of which is the Ambassador’s residence.

The Key Officers List dated September 14 indicates that post does not have a chief of mission and is currently headed by Chargé d’Affaires a.i. Stuart R. Wilson who was originally assigned as DCM to Antananarivo in August 2017.

On August 1, a Travel Alert was issued for Madagascar indicating a change to Level 2 Exercise Increased Caution category due to civil unrest and crime.

#

 

Career Diplomat Lucia Piazza Talks About Surviving an Embassy Attack

Six years ago today, protesters attacked the US Embassy Tunis compound in Tunisia and torched the vehicles in the diplomatic compound (see US Embassy Tunisia: Protesters breach and set compound on fire (video); Embassy now on Ordered Departure).  Below is a TEDxFoggyBottom talk from June by a career diplomat who was there during that 2012 attack on Embassy Tunis. 

This is something to watch, especially for folks who do not quite understand the Foreign Service, or appreciate how career FS people many, many times had to tell their loved ones goodbye, send them off to safety without knowing if they will see them again, while they stay to do the jobs they are tasked to do in foreign countries that are often hostile and dangerous. 

Via YouTube/TEDx Talks

What does it take to survive a deadly attack on an embassy? For career Foreign Service Officer Lucia Piazza, strong leadership before a crisis is key to saving lives under pressure. Lucia Piazza is the Director of Crisis Management and Strategy in the Office of the Secretary of State. A career Foreign Service Officer, since joining the State Department in 2001 Lucia has represented the US government as a diplomat in countries throughout Africa and the Middle East. Lucia received a Master of Science degree in National Security Strategy from the National War College, National Defense University and a Bachelor of Arts degree in Political Science from the University of New Hampshire. She is the recipient of multiple awards including two Superior Honor Awards for her leadership during the 2012 attack on Embassy Tunis and a Superior Honor Award in 2017 for her leadership of the State Department’s response to Hurricanes Irma, Jose, and Maria when she and her team oversaw the evacuation and repatriation of over 3000 U.S. citizens. Lucia speaks Arabic, French, Italian, and Spanish. This talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at https://www.ted.com/tedx

 

Related posts:

U.S. National Zia Zafar Pleads Guilty to the Attempted Murder of U.S. Consulate Official in Mexico

 

In January 2017, we covered the shooting of Christopher Ashcraft, a U.S. diplomat stationed at the U.S. Consulate General in Guadalajara, Mexico.

On July 13, 2018, DOJ announced that U.S. national and former medical student Zia Zafar pleaded guilty to one count of attempted murder of an internationally protected person and one count of discharging a firearm during a crime of violence:

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office and Director Christian J. Schurman of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Zia Zafar, 33, of Chino Hills, California, pleaded guilty to one count of attempted murder of an internationally protected person and one count of discharging a firearm during a crime of violence.  Zafar entered his guilty plea before U.S District Judge Anthony J. Trenga of the Eastern District of Virginia.  Judge Trenga scheduled Zafar’s sentencing hearing for November, 7, 2018.

According to admissions made in connection with his plea, on Jan. 6, 2017, Zafar armed himself with a firearm, donned a wig and sunglasses to disguise his appearance, and waited in a parking garage for a Vice Consul, who worked at the U.S Consulate in Guadalajara.  Although Zafar initially was following the Vice Consul as he walked towards his vehicle, Zafar noticed a security guard nearby, and instead moved to the vehicle exit ramp, where he waited for the Vice Consul to exit.  As the Vice Consul approached the exit in his car, Zafar fired a single shot into the vehicle, striking the Vice Consul in his chest and leaving him in serious condition.  Zafar admitted that he targeted the Vice Consul because he knew from earlier surveillance that the victim worked at the U.S. Consulate.

“Zia Zafar surveilled and targeted a U.S. official serving in Mexico, lying in wait before shooting him in the chest in a heinous act of premeditated violence,” said Acting Assistant Attorney General Cronan.  “Today’s guilty plea sends a clear message that the Department of Justice will aggressively prosecute those who seek to harm U.S. officials serving overseas.  The Department of Justice will continue work with our domestic and international partners to ensure that anyone who targets U.S. officials abroad will be brought to justice.”

“The Vice Consul was targeted and shot because he represented the United States,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “No one should doubt the resolve of law enforcement to steadfastly investigate and apprehend those who attack us. I wish to express our sincere thanks to the many United States and Mexican law enforcement agencies involved in the apprehension and return of this defendant to the United States to face justice.”

[…] FBI and DSS investigated the case in close cooperation with Mexican authorities and with valuable assistance from the Justice Department’s Office of International Affairs, the Drug Enforcement Administration, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Ronald L. Walutes Jr. of the Eastern District of Virginia are prosecuting the case.

The Department of Justice gratefully acknowledges the government of Mexico, to include the Secretaría de Relaciones Exteriores, Procuraduria General de la Republica, Fiscalia del Estado de Jalisco and Instituto Nacional de Migracion for their extraordinary efforts, support and professionalism in responding to this incident.

#

Th court filings confirmed much of the details previously reported about this case, though the case remains perplexing.  On January 10, 2017, an Affidavit in Support of a Criminal Complaint was filed by David J. DiMarco, a Special Agent with the Federal Bureau of Investigation(FBI) assigned to the Extraterritorial Squad, Washington Field Office. Includes the following:

On January 6, 2017, Christopher Ashcraft, the victim, was employed with the U.S.Department of State as a Vice Consul in the Consular office in Guadalajara, Mexico. As Vice Consul, Ashcraft is recognized by the Government of Mexico as a diplomat. As such, Ashcraftwas granted diplomatic immunity in the course of his official duties.

On or about January 6, 2017, Christopher Ashcraft visited a gym adjacent to a shopping center located at Agenda Vallarta #3300 in Guadalajara, Mexico. At approximately 6:19 p.m., an individual later identified as the Defendant, ZIA ZAFAR, shot Ashcraft with a pistol as Ashcraft was leaving the gym parking lot in his personal vehicle. The round struck Ashcraft in the chest. Ashcraft was taken to a local hospital for medical treatment, where he currently remains.

Special Agents with the FBI interviewed Ashcraft at the hospital. During the interview, Ashcraft stated that when he exited the gym, he noticed the individual later identified as ZAFAR, who was wearing blue scrubs, white shoes, and what appeared to be a wig. Based upon ZAFAR’s behavior, Ashcraft felt as though ZAFAR was waiting for him. Ashcraft walked to apayment terminal to pay for his parking. When Ashcraft turned to walk towards his vehicle, hesaw that ZAFAR was following him. Ashcraft felt threatened and walked to a populated area of the parking garage. Once ZAFAR was no longer following him, Ashcraft got into his vehicle and drove towards the garage exit. Ashcraft was shot once in the chest while exiting the garage.

Surveillance video from the shopping center and parking garage was obtained by Mexican law enforcement. The video shows a male (later identified as ZAFAR) wearing what appears to be a wig, sunglasses, blue scrubs, and white shoes. ZAFAR appears to be following Ashcraft as Ashcraft exits the gym and pays for his parking at approximately 6:16 p.m. The videothen shows ZAFAR followmg Ashcraft for approximately three seconds. As Ashcraft walks to adifferentarea ofthe garage,the video shows ZAFAR walking up an incoming vehicle ramp at 6:17 p.m. Approximately one minute later, ZAFAR is seen at the top of the exit vehicle ramp, pacing back and forth with his right hand in his pocket. At approximately 6:19 p.m., Ashcraft’s vehicle pulls up to the garage exit. The video shows ZAFAR taking aim with a pistol and firing into the windshield. The video then shows ZAFAR fleeing the scene.

The criminal complaint filed on January 9, 2017 was originally filed under seal and the offense description is listed as “Attempted Murder of an Internationally Protected Person”.

The AFFIDAVIT by USA as to Zia Zafar was also sealed. The criminal case cover sheet is redacted but includes Zia Zafar’s name, Juvenile FBI file number #316130AC9, and year of birth as 1985. The subject’s race, place of birth, language/dialects are left blank (or redacted, hard to tell).

In April 28, 2017, the Defense filed a motion to Seal Defendant’s Motion Pursuant to 18 U.S.C. 4241(d) by Zia Zafar. The filing says that “Sealing of this document is necessary in order to safeguard the privacy and safety of the defendant.”

A Memorandum in Support by Zia Zafar re 28 MOTION to Seal Defendant’s Motion Pursuant to 18 U.S.C. 4241(d) also includes the following:

B. Sealing is necessary in order to safeguard the safety and privacy of the defendant. Counsel for the defendant has considered procedures other than sealing and none will suffice to protect this information from disclosure and to prevent public dissemination of information concerning Mr. Webster’s mental health.

Mr. Webster?

On May 5, 2017, there was a Status Conference to determine the competency of the defendant.

On August 11, 2017 there was an Arraignment/Competency Hearing.

On January 12, 2018 the Court granted the Motion for Psychiatric Exam and ordered that the defendant undergo a psychiatric examination at the Alexandria Detention Center.

On July 13, 2018, DOJ announced that U.S. national and former medical student Zia Zafar pleaded guilty to shooting the U.S. diplomat in Mexico.

The Statement of Facts filed on July 13, 2018 as part of Zafar’s plea agreement is only three page long and notes that Zafar and the diplomat that he attacked did not know each other. According to the Statement, the diplomat was targeted because “the defendant knew from earlier surveillance that he worked at the United States Consulate in Guadalajara, Mexico.” News citing Mexican officials previously reported that Zafar targeted Ashcraft over a visa denial.

The Affidavit submitted in support of the warrant says Zafar entered Mexico on a student visa, had a California driver’s license and drove a Honda Civic with California license plate. It doesn’t say when he entered Mexico or how long was he residing in the country prior to the attack.

The Affidavit did cite the use of a Starbucks receipt and Mexican immigration database to identify Zafar, and help in his apprehension by Mexican authorities.  It also says that “Mexican law enforcement searched the residence and recovered a pistol and several forms of identification bearing the name ZIA ZAFAR. A pair of sunglasses and a wig similar to the ones seen in the surveillance video were also recovered from the residence.”

The court filings do not indicate what made Consulate Guadalajara or this official the specific target in this incident; there is no mention in the unsealed court records of a visa denial as a motive in this attack.

#

.