Two militia members, accused of saying they wanted to shoot illegal immigrants, were convicted by a federal trial jury in Jefferson City, Missouri, on Thursday for conspiring to murder U.S. Border Patrol agents and the attempted murder of FBI agents.
“They planned 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,” the statement said about O'Dell and Perry.
Both men face a minimum of 10 years in federal prison without parole, with the possibility of life sentences. Sentencing dates have not yet been set.
Thomas Kirsch, Perry’s attorney, told the Associated Press that his client plans to appeal the verdict but is thankful for the jurors’ dedication to the Constitution.
Militia Recruitment
The U.S. Attorney’s Office statement said O'Dell and Perry attempted to recruit members for their group—the 2nd Amendment Militia—throughout the summer and fall of 2022.
The statement said the pair used O'Dell’s residence as a staging area for firearms, ammunition, and paramilitary equipment. They had also advertised a recruitment event in the small city of Warsaw before a planned trip to the U.S.-Mexico border.
At the time, Perry posted several TikTok videos to recruit members for the militia to discuss their plans.
The statement from the U.S. Attorney’s Office listed incidents in September and October of 2022 where Perry posted TikTok videos related to illegal immigrants coming into the United States from Mexico.
“Perry stated that the U.S. Border Patrol was committing treason by allowing these illegal immigrants to enter the United States, and that the penalty for treason was death. Perry posted another video on TikTok the next day in which he stated that he was ‘ready to go to war against this government’,” the statement said.
It said Perry posted a TikTok video on Sept. 22, 2022, in which he stated, “we’re out to shoot to kill” and that “our group is gonna go protect this country.”
FBI Raid
FBI agents executed a search warrant at O'Dell’s home on Oct. 7, 2022.“Federal agents approached the property at about 6 a.m. in vehicles with red and blue lights activated. As the FBI approached, an agent utilized a loudspeaker in the lead armored vehicle, the ‘Bearcat’, to announce they were with the FBI and that they had a search warrant for the residence,” the U.S. Attorney’s Office statement said.
“Seven agents were inside or behind the Bearcat. The FBI agent began to repeat the announcement, again stating that they were with the FBI, when gunshots were fired from a front window at the lead FBI vehicle.”
Perry fired 11 shots from his rifle with several rounds hitting the lead FBI vehicle, the statement said.
“Agents responded by deploying flash bangs around the residence. Agents used the Bearcat to conduct a breach of the front door of the residence using an affixed ram. Agents did not return fire and, after the gunshots ceased, the FBI established a perimeter and began communicating with the persons inside the residence to come out.”
After O'Dell and his girlfriend surrendered, Perry left the house waving an American flag before he physically fought agents, the U.S. Attorney’s Office said.
Investigators found over 1,700 rounds of ammunition, body armor, and other paramilitary equipment inside the home.
The charges against O'Dell and Perry also included using a firearm in a violent crime, illegal gun possession, and damaging federal property. Perry already had a prior felony for aggravated robbery, which forbids firearm possession.
O’Dell also pleaded guilty to escaping from the Phelps County Jail in Rolla, Missouri, on Sept. 29, 2023, while he was being held for trial. He was recaptured two days later following a high-speed chase, according to the same announcement.
Evidence that was presented during the trial also showed that Perry drove from Tennessee to Warsaw, Missouri, on Sept. 5, 2022, bringing with him stolen firearms, body armor, and gas masks.
