Timothy McVeigh - Arrest, Trial, Conviction and Sentencing

Arrest, Trial, Conviction and Sentencing

By tracing the Vehicle Identification Number (VIN) of a rear axle found in the wreckage, the FBI identified the vehicle as a Ryder Rental box truck rented from Junction City, Kansas. Workers at the agency assisted an FBI artist in creating a sketch of the renter, who had used the alias "Robert Kling". The sketch was shown in the area. Lea McGown, manager of the local Dreamland Hotel, identified the sketch as Timothy McVeigh.

Shortly after the bombing, while driving on I-35 in Noble County, near Perry, Oklahoma, McVeigh was stopped by Oklahoma State Trooper Charles J. Hanger from Pawnee, Oklahoma. Hanger had passed McVeigh's yellow 1977 Mercury Marquis and noticed that it had no license plate. McVeigh admitted to the police officer (who noticed a bulge under his jacket) that he had a gun and McVeigh was subsequently arrested for having driven without plates and illegal firearm possession; McVeigh's concealed weapon permit was not legal in Oklahoma. McVeigh was wearing a T-shirt at that time with a picture of Abraham Lincoln and the motto: sic semper tyrannis ('Thus always to tyrants'), the state motto of Virginia and also the words shouted by John Wilkes Booth after he shot Lincoln. On the back, it had a tree with a picture of three blood droplets and the Thomas Jefferson quote, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Three days later, while still in jail, McVeigh was identified as the subject of the nationwide manhunt.

On August 10, 1995, McVeigh was indicted on 11 federal counts, including conspiracy to use a weapon of mass destruction, use of a weapon of mass destruction, destruction by explosives and eight counts of first-degree murder.

On February 20, 1996, the Court granted a change of venue and ordered that the case be transferred from Oklahoma City to the U.S. District Court in Denver, Colorado, to be presided over by U.S. District Judge Richard Paul Matsch.

McVeigh instructed his lawyers to use a necessity defense, but they ended up not doing so, because they would have had to prove that McVeigh was in "imminent danger" from the government. (McVeigh himself argued that "imminent" did not necessarily mean "immediate.") They would have argued that his bombing of the Murrah building was a justifiable response to what McVeigh believed were the crimes of the U.S. government at Waco, Texas. The 51-day siege of the Branch Davidian complex resulted in the deaths of 76 Branch Davidians. As part of the defense, McVeigh's lawyers showed the jury the controversial video Waco: The Big Lie.

On June 2, 1997, McVeigh was found guilty on all 11 counts of the federal indictment.

McVeigh tried to calm his mother by saying, "Think of it this way. When I was in the Army, you didn't see me for years. Think of me that way now, like I'm away in the Army again, on an assignment for the military."

On June 13, 1997, the jury recommended that McVeigh receive the death penalty. The U.S. Department of Justice brought federal charges against McVeigh for causing the deaths of eight federal officers leading to a possible death penalty for McVeigh; it could not bring charges against McVeigh for the remaining 160 murders in federal court because those deaths fell under the jurisdiction of the state of Oklahoma. Because McVeigh was convicted and sentenced to death, the State of Oklahoma did not file murder charges against McVeigh for the other 160 deaths. Before the sentence was formally pronounced by Judge Matsch, McVeigh addressed the court for the first time and said simply:

If the Court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote, 'Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.' That's all I have.