Case 1:10-cr-00563-CMA Document 22 Filed 11/03/10 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No.

UNITED STATES OF AMERICA,

Plaintiff,

v.

BROOKS L. KELLOGG,

Defendant.

INDICTMENT
18 U.S.C. § 1958
18 U.S.C. § 373

COUNT ONE

The Grand Jury charges that:

On or about October 19, 2010, in the State and District of Colorado, and

elsewhere, the defendant,

BROOKS L. KELLOGG,

travelled in interstate commerce from Minneapolis in the State of Minnesota to Denver,

in the State of Colorado, with the intent that the murder of Stephen Bunyard be

committed in violation of the laws of the State of Florida, as consideration for the receipt

of, and as consideration for a promise and agreement to pay, things of pecuniary value,

to wit: money.

All in violation of Title 18, United States Code, Section 1958

Case 1:10-cr-00563-CMA Document 22 Filed 11/03/10 USDC Colorado Page 2 of 2

COUNT TWO

The Grand Jury further charges that:

On or about October 19, 2010, in the State and District of Colorado, the

defendant,

BROOKS L. KELLOGG,

with the intent that another person engage in conduct constituting a felony that has as

an element the use of physical force against a person of another in violation of the laws

of the United States, and under circumstances strongly corroborative of that intent, did

solicit, command, induce and endeavor to persuade said person to engage in such

conduct, to wit: travel in interstate commerce with intent that a murder be committed in

violation of Title 18, United States Code, Section 1958.

All in violation of Title 18, United States Code, Section 373.

A TRUE BILL

Ink signature on file in the Clerk’s Office

FOREPERSON

JOHN F. WALSH
United States Attorney

s/ Wyatt B.Angelo
WYATT B. ANGELO
Assistant United States Attorney
400 Rood Avenue, Suite 220
Grand Junction, CO 81501
Telephone: (970) 241-3843
FAX: (970) 248-3630
E-mail: wyatt.angelo@usdoj.gov
Attorney for Plaintiff United States
Case 1:10-cr-00563-CMA Document 22-1 Filed 11/03/10 USDC Colorado Page 1 of 2

DEFENDANT: Brooks L. Kellogg

YOB: 1938

ADDRESS: In custody

COMPLAINT FILED? X YES NO

IF YES, PROVIDE MAGISTRATE CASE NUMBER: 10-mj-01169-MJW

IF NO, PROCEED TO “OFFENSE” SECTION

HAS DEFENDANT BEEN ARRESTED ON COMPLAINT? X YES NO

OFFENSE: Count One:

Use of interstate commerce facilities and mails in the commission of
murder-for-hire in violation of 18 U.S.C. § 1958
Count Two:
Solicitation to commit a crime of violence all in violation of 18 U.S.C. § 373

LOCATION OF OFFENSE: Mesa County, Colorado

PENALTY: Count One:

NMT 10 years imprisonment; NMT a fine of $250,000 or both such fine or
imprisonment; NMT 3 years supervised release; Special Assessment of
$100.00.
Count Two:
NMT 20 years imprisonment; NMT a fine of $250,000 or both such fine or
imprisonment; NMT 5 years supervised release; Special Assessment of
$100.00.

AGENT: Ken Jackson, Special Agent

F.B.I.

AUTHORIZED BY: Wyatt Angelo

Assistant U.S. Attorney

ESTIMATED TIME OF TRIAL:

X five days or less over five days other

THE GOVERNMENT

X will seek pretrial detention in this case will not seek pretrial detention
in this case
Case 1:10-cr-00563-CMA Document 22-1 Filed 11/03/10 USDC Colorado Page 2 of 2

The statutory presumption of detention is or is not applicable to this defendant. (Circle

one)

OCDETF CASE: Yes X No