After more than five days of deliberations, which began Dec. 17, 2008, the jury convicted Mohamad Ibrahim Shnewer, brothers Dritan Duka, Shain Duka and Eljvir Duka and Serdar Tatar on count one of the seven-count superseding indictment that charged them with conspiracy to murder members of the U.S. military. The jury acquitted each of defendants of count two, which charged attempt to murder members of the U.S. military.
For the conspiracy conviction only, the defendants could face life in prison.
U.S. District Judge Robert B. Kugler, who presided over the 12-week trial, scheduled sentencing for April 2009.
The remaining counts of the superseding indictment, which was returned in January, charged the three Duka brothers, who are illegal immigrants, and Shnewer with firearm offenses; including possession of machine guns.
The defendants’ arrests occurred on May 7, 2007, in Cherry Hill as Dritan and Shain Duka were meeting a confidential government witness to purchase four automatic M-16 rifles and three semi-automatic AK-47 rifles to be used in a future attack on military personnel. The other defendants were arrested at various locations at about the same time.
“Today’s verdicts underscore the need for continued vigilance against homegrown terror threats,” said Assistant Attorney General Rowan. “While these defendants were not members of an international terrorist organization, their involvement in weapons training, their surveillance of domestic targets and their discussions of killing U.S. military personnel posed a serious threat that required the law enforcement disruption and the prosecutions upheld by the jury today.”
“These men planned, trained and ceaselessly talked unambiguously about their intention to ambush and kill U.S. soldiers,” said Marra. “The word should go out to any other would-be terrorists of the homegrown variety that the United States will find you, infiltrate your group, prosecute you and send you to a federal prison for a very long time.”
“Vigilance was the key to disrupting the dangerous terrorists convicted today and we are glad they are off the street,” said Janice K. Fedarcyk, Special Agent in Charge of the Philadelphia Division of the FBI. “We appreciate the tip from an alert citizen who reported this suspicious activity to law enforcement. Without tips from concerned citizens or cooperation from our law enforcement partners, it is much more difficult to safeguard our nation and protect the United States from terrorist attack.”
In convicting the defendants, the jury found that one member of the group conducted surveillance at Fort Dix and Fort Monmouth in New Jersey, Dover Air Force Base in Delaware and the U.S. Coast Guard in Philadelphia. The co-conspirator obtained a detailed map of Fort Dix, where they hoped to use assault rifles to kill as many soldiers as possible, according to trial testimony and evidence.
During the trial, the jury viewed secretly recorded videotapes of the defendants performing small-arms training at a shooting range in the Pocono Mountains in Pennsylvania and watching training videos amongst themselves that included depictions of American soldiers being killed and of known foreign Islamic radicals urging jihad against the United States.
