U.S. v. Spruill

• Decision Date: 01 July 1997
• Docket Number: No. 96-4377,96-4377
• Citation: 118 F.3d 221
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Lynn SPRUILL, Defendant-Appellant.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 221

118 F.3d 221

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Lynn SPRUILL, Defendant-Appellant.

No. 96-4377.

United States Court of Appeals Fourth Circuit.

Argued April 10, 1997.

Decided July 1, 1997.

ARGUED: David Wayne Bouchard, Bouchard & Smith, Chesapeake, VA, for Appellant. Arenda L. Wright Allen, Assistant United States Attorney, Norfolk, VA, for Appellee. ON BRIEF: Helen F. Fahey, United

States Attorney, Norfolk, VA, for Appellee.

Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINS and Senior Judge BUTZNER joined.

OPINION

MICHAEL, Circuit Judge:

During the early morning hours of April 22, 1995, defendant Jeffrey Lynn Spruill made over two hundred threatening phone calls to Federal Bureau of Investigation (FBI) and Bureau of Alcohol, Tobacco and Firearms (ATF) offices in Norfolk, Virginia. Spruill was convicted on three counts of making threatening phone calls in violation of 18 U.S.C. § 844(e). Section 844(e) is part of Chapter 40 of the federal criminal code, which regulates the "Importation, Manufacture, Distribution and Storage of Explosive Materials." Spruill argues that he can be convicted under § 844(e) only if the threats concerned the use of fire or explosives. We agree. Because counts two and three of his indictment did not charge this essential element of the offense, we vacate Spruill's convictions on those counts. We affirm his conviction on count one, rejecting his argument that there was insufficient evidence of a "true" threat. Accordingly, the case is remanded for resentencing and other housekeeping details.

I.

Jeffrey Spruill lived alone in a trailer in Chesapeake, Virginia, when the events in this case took place. As he often did, Spruill spent the evening of April 21, 1995, at home by himself watching television. The bombing of the Oklahoma City federal building, which occurred just three days before, dominated television news coverage that night. Spruill had two or three drinks of vodka as he watched TV. He listened as Attorney General Janet Reno appeared and talked about the Oklahoma City bombing. Spruill felt that Reno was responsible for deaths that occurred at two earlier incidents involving the federal government in Waco, Texas, and Ruby Ridge, Idaho. Spruill became enraged, believing that Reno was hypocritical for saying that those responsible for the Oklahoma City bombing would be held accountable. Spruill's wrath intensified as he watched "Crossfire" on CNN because a guest on that program was discussing how the FBI infiltrates white supremacy groups. Spruill later told the FBI that he is a white supremacist.

To vent his anger against the federal government, Spruill decided to call the FBI and the ATF. At about 12:35 that same night, Spruill began calling the listed phone numbers for those agencies in Norfolk, Virginia. As Spruill explained at trial, "when I heard Mrs. [sic] Reno, you know, I just hit the roof. And I--all my emotions just came out. And I just wanted to get it off my chest. I just wanted to get it off my chest. They will probably arrest me for harassment, but at least I got it off my chest." J.A. 144. From midnight through the rest of the night and morning of April 22, 1995, Spruill made over two hundred calls to the FBI and the ATF. Spruill kept drinking while he called; he switched from vodka to beer and drank a six-pack.

Susan Buckley, a security complaint assistant for the FBI, answered Spruill's first calls. Buckley said that during these calls Spruill ranted "about how Janet Reno was a murderer and was responsible for all of this, and just rambl[ed]." J.A. 47. Spruill became progressively more angry as he called again and again, never spending more than a minute or two on the line. Spruill's first round of calls to the FBI (all answered by Buckley) continued until 6:30 a.m.

During the same period (from about 1:00 a.m. to 7:00 a.m.) Spruill made several dozen calls to the ATF. The calls were taken by Tracey Waldron, who works for a telephone answering service. Waldron said that Spruill was short-tempered as early morning arrived. At about 6:30 a.m. Waldron

picked the line back up and he [Spruill] had started talking to me again, and that's when he started telling me that--how would I like to be blown up and that, you know, he could blow the building up.... And that's when I patched him through to Michael Moore, the agent that was on call.

J.A. 58.

After the call was patched through to ATF Special Agent Michael Moore at his home, Moore talked to Spruill for about twenty minutes. Special Agent Moore recounted the thrust of Spruill's message:

[A]s the conversation progressed, the caller [Spruill] told me that ... this was just the beginning, that more buildings would be blown up, and maybe even the Federal Building here in Norfolk, Virginia. And basically he just[kept] reiterating that the Oklahoma City bombing occurred because of the Waco, Texas fire ... that was ordered by Janet Reno and carried out by the ATF and the FBI.

J.A. 66. When Spruill said, "this was just the beginning," Moore believed "that this was ... a warning of things to come, meaning more buildings would be blown up or more people would be hurt." J.A. 67-68. Spruill indicated that the federal building in Norfolk would be an easy target "because it was so accessible to the general public, to just drive a car bomb right in and just leave it." J.A. 68. Spruill ended the conversation by directing his venom at Special Agent Moore, saying "that he [Spruill] could tell [Moore] was a nice little black agent and that [he] would get [his] some day also." J.A. 72. As soon as Spruill hung up, Moore called the FBI and informed the agency of a possible bomb threat to the Norfolk federal building. In response, authorities searched the building for a bomb, beginning around 7:30 a.m.

Meanwhile, Spruill had redirected his calls to the FBI. When FBI computer specialist Deborah Williams arrived at work around 7:30 a.m., she answered the phone and Spruill was on the line. Using a "very forceful[ ]" tone, Spruill

started talking about the 17 deaths of the children in Waco, Texas, and how Janet Reno--that Oklahoma was a payback for those deaths, and that Janet Reno was a murderer and those deaths were her responsibility. He further went on to say that he was a--that he knew who I was and that he could find out where all the bureau people lived, the FBI people lived ... that he knew where my boss Larry Torrence lived. And he told me that he [Spruill] was a white supremacist, and that the ATF and the FBI and the Federal Building should be--should watch out for the cars.

J.A. 84-85. Spruill gave Deborah Williams his name and address. Yolanda Williams, another security complaint assistant for the FBI, came to work at 8:00 a.m. and immediately began to take calls from Spruill. He called about twenty-five more times between 8:00 a.m. and 12:30 p.m. The FBI began recording Spruill's calls at around 10:00 a.m. because it believed he was making serious threats.

The tape recordings are replete with Spruill's references to the bombing of the Oklahoma City federal building. At one point Spruill discussed fertilizer and diesel fuel, the key ingredients used in Oklahoma City. He instructed Yolanda Williams to ask Larry Torrence, Special Agent in charge, whether using two tons or four tons of fertilizer would make a difference in the force of an explosion. Spruill repeatedly made comments (all recorded) such as "we're in every city," J.A. 249, "our time to strike is fast ... approaching," J.A. 248, and "[w]e're gonna [ ] come after you," J.A. 252. A final example from the recordings underscores the looming nature of Spruill's threats:

Burnt them up [in Waco]! Hey! Did you--did you see what happened in Oklahoma City! I'm telling you it's coming. It's coming. It's coming and tell Larry [Torrence] whatever he thinks is totally f---ing irrelevant, and he--is he--we have some of his agents on--we have their names and addresses.

J.A. 250.

Later in the morning on April 22, 1995, Yolanda Williams turned the phone over to Special Agent Kevin Kenneally, who continued to answer Spruill's calls until he stopped making them around 12:30 p.m. Shortly thereafter, the FBI sent a SWAT team to Spruill's trailer where he was arrested.

Spruill was indicted on May 19, 1995. Count one of the indictment charged that Spruill, during his conversation with Special Agent Moore, threatened to bomb the federal building in Norfolk. ¹ Count two charged Spruill with threatening Special Agent Larry Torrence, but it did not allege that the threat concerned the use of fire or explosives. ² Counts three and four charged Spruill with threatening FBI agents and employees during his conversations with Yolanda Williams and Special Agent Kenneally, but those counts also failed to allege that Spruill threatened harm by means of fire or explosives. ³ Spruill waived his right to a jury and was tried by the district court. The court found him guilty on counts one, two, and three but not guilty on count four.

Before sentencing the district court directed that Spruill be evaluated pursuant to 18 U.S.C. § 4244(a) so the court could decide whether he suffered from a mental disease or defect that would affect his sentence. After a hearing the court found that Spruill was suffering from a mental defect and that instead of being sent to prison he should be committed for treatment. The court therefore committed Spruill to the custody of the Attorney General for five years with the direction that he be hospitalized for care and treatment in a suitable facility. See 18 U.S.C. § 4244(d). Spruill appeals his conviction.

II.

Spruill first argues that 18 U.S.C. § 844(e) only applies to threats concerning the use of fire or explosives. As a result, Spruill says his convictions on counts...