Burley Garcia|2 men accused of plotting to shoot at immigrants are convicted of attempting to kill federal agents

Two men who co-founded a militia group have Burley Garciabeen convicted of attempting to murder federal agents ahead of a planned trip to the Texas-Mexico border to shoot at immigrants illegally crossing there and any federal agents who might try to stop them.

A jury at the U.S. District Court in the Missouri state capital of Jefferson City found Jonathan S. O’Dell, 34, of Warshaw, Missouri, and Bryan C. Perry, 39, of Clarksville, Tennessee, guilty of more than 30 felony counts each, the chief federal prosecutor for western Missouri, Teresa Moore, announced Friday. The convictions Thursday came after jurors deliberated for more than two hours.

O’Dell’s attorney, Jonathan Truesdale, declined comment, but Perry’s attorney, Thomas Kirsch, said his client plans to appeal the verdict. Kirsch said Perry is disappointed in the verdict but said he is grateful for jurors’ dedication and the opportunity to exercise “his fundamental right” of trial by jury.

“My client has a deep love and passion for our country and the values it stands for and what the Constitution stands for, including his right to a trial by jury,” Kirsch said.

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A sentencing date for either man has not yet been set. They both face at least 10 years in prison, and possibly life.

Perry also pled guilty to three charges, including escaping from federal custody. Held for trial in a county jail in Rolla, Missouri, he escaped in September 2023 but was captured two days later and about 160 miles (258 kilometers) to the northwest, outside Kansas City, following a high-speed chase.

The two men formed the 2nd Amendment Militia and then in the summer and fall of 2022 tried recruit others to join them, prosecutors said. In September 2022, O’Dell’s home about 100 miles (161 kilometers) became a staging site as the two men collected firearms, ammunition, paramilitary gear and other supplies, according to the government’s evidence.

Prosecutors said Perry posted a TikTok video in September saying that their militia group was going to “go protect this country,” and another in early October saying the group would be “out huntin’.” Prosecutors said the two men viewed U.S. Border Patrol agents as traitors for allowing immigrants to cross into Texas.

The day before they planned to leave for Texas, an FBI team using an armored vehicle served a search warrant on O’Dell’s home, and prosecutors said Perry fired 11 rifle shots at them. O’Dell and his girlfriend surrendered, but after exiting the house, Perry fought with agents.

The charges against the two men also included using a firearm in a violent crime, illegal gun possession and damaging federal property. Perry couldn’t legally have a gun because in 2004, he pled guilty in Tennessee to a felony aggravated robbery charge and served about four years in prison, according to online records.

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Hanna reported from Topeka, Kansas.