David Lawless Sentenced to Prison for Use Of A Destructive Device During A Crime Of Violence At A Bookstore At Colorado Mills Shopping Mall

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DENVER– Denver resident, David Joseph Lawless, age 32, of Denver, was sentenced todayby Chief U.S. District Court Judge Wiley Y. Daniel to serve 240 months (20years) in federal prison for use of a destructive device during a crime ofviolence, United States Attorney John Walsh, Bureau of Alcohol, Tobacco,Firearms and Explosives (ATF) Special Agent in Charge Andrew Traver and FederalBureau of Investigations Special Agent in Charge James Yacone announced. TheLakewood Police Department, the Jefferson County Sheriff‘s Office, and theColorado State Patrol played a critical role in the investigation andapprehension of Lawless as well. Following his prison sentence, Lawless wasordered to serve 5 years on supervised release. The amount of restitutionLawless owes will be determined at a later date. Lawless appeared at thesentencing hearing in custody, and was remanded at the conclusion.
Lawlesswas charged by Criminal Complaint on June 27, 2011. He was indicted by afederal grand jury in Denver on July 12, 2011. The government obtained asuperseding indictment on February 6, 2012. Lawless pled guilty before ChiefJudge Daniel on October 4, 2012. He was sentenced today, December 20, 2012
Accordingto court documents, including the affidavit in support of the criminalcomplaint, the indictments, and the stipulated facts in the plea agreement, onJune 25, 2011, at approximately 12:38 am, an alarm was activated at the Bordersbookstore located in the Colorado Mills Shopping Center. The Lakewood PoliceDepartment was dispatched to the store, and upon arrival discovered that theentrance/exit door of the Borders bookstore was shattered and cleared tofacilitate entry into the business from the outside. While securing the store,Lakewood officers discovered two suspected explosive devices inside. TheJefferson County Bomb Squad was called, and subsequently responded to thescene. The bomb squad located three suspected explosive devices. The first waslocated outside the mall near the entrance to Borders. Two others were foundinside the store.
Thedevice located outside the mall entrance was discovered in one of the garbagecontainers. That device partially functioned. Another similar device waslocated within the Borders store. That device also partially functioned. Thethird suspected device was placed on a table within the store. No initiationoccurred in relation to that suspected device. The bomb squad determined thedevices were safe. No render safe procedures were conducted relative to any ofthe devices
TheFBI Evidence Response Team (ERT) and the ATF processed the scene, collectingevidence which was then transported to the FBI laboratory in Quantico,Virginia. While processing the scene, investigators found what appeared to beblood at the bookstore. A review of security camera footage showed a person whoappears to be a white male breaking into the glass public entrance door. Itappears the person injured his hand while breaking into the store.
Onthe same date, June 25, 2011, at 8:05 am the FBI was notified by the LakewoodPolice Department that several of the front windows of a Best Buy store locatedapproximately a ½ mile away from the bookstore were smashed open from theoutside. At 12:52 am outdoor video surveillance showed a white male driving agreen Toyota Tacoma go in and out of camera view. No evidence of arson or adestructive device was recovered from the scene at Best Buy.
Atapproximately 2:54 am, the Jefferson County Sheriff responded to assist theWest Metro Fire and Rescue Department regarding an explosion and fire incidentreported by guests at a Marriott Hotel located approximately a ½ mile from theBest Buy, and approximately a mile from the bookstore. Deputies at the hotelscene recovered what appeared to be a crude device. That evidence was also sentto the FBI laboratory in Quantico, Virginia. During the investigation agentsand task force officers found outdoor surveillance cameras near the mall whichshowed a dark colored Toyota Tacoma.
Atapproximately 6:37 pm the Colorado State Patrol (CSP) responded to a one carcrash on Colorado 103 at mile post ten (10) in Clear Creek County. Two off-dutyArapahoe County Sheriff‘s Deputies were at the scene of the crash attempting torender aid. The driver in the crash was later identified as Lawless. Lawless,who appeared to be intoxicated, attempted to stab the deputies with scissorswhile they were detaining him. He was arrested by the Colorado State Patrol forDUI and felony menacing. Lawless had an injury to his hand, which wasconsistent with the injury to the person who broke into the Borders bookstore.He was also driving a green Toyota Tacoma, which was consistent with whatagents and officers observed on surveillance video near the scene of theincidents.
Laterinvestigators learned that there was another device in the defendant‘s truck,as well as components for the devices at his residence. Lastly, it wasdetermined that Lawless researched how to make the devices on the internet froma computer also at his residence.
"Withthis lengthy prison sentence, the Court has ended the Defendant's days ofbuilding and planting dangerous destructive devices," said U.S. AttorneyJohn Walsh. "The investigation into the actions of David Lawlessdemonstrate the collective power and determination of local, state and federallaw enforcement working together to identify and arrest someone capable ofviolent acts."
"ATFwill continue to utilize its specialized explosives expertise, resources andpartnerships with Federal, state and local law enforcement agencies toeffectively investigate explosives and bombing incidents," said SpecialAgent in Charge Andrew Traver. "This investigation illustrates ourcommitment to protecting the public and bringing the perpetrator of such aviolent act to justice."
"Thissentencing reflects the seriousness of these criminal acts in the risk posed toinnocent citizens and property by the use of explosives," said FBI DenverSpecial Agent in Charge James Yacone. "The resolution of this case was aresult of the outstanding collaborative effort between the FBI, ATF, LakewoodPolice Department, Jefferson County Sheriff's Office, and the Colorado StatePatrol to promptly respond, investigate, and bring Lawless to justice."
"Thiscase is an excellent example of how we can work with our federal, state, andlocal law enforcement partners to bring to justice those individuals whothreaten the safety of our citizens," said Lake Police Chief KevinPaletta.
"Thiscase illustrates the value of information sharing and the benefit of strongworking relationships at all levels of law enforcement," said ColonelJames Wolfinbarger, Chief of the Colorado State Patrol. "Thesepartnerships greatly enhance the public safety of all Coloradoans."
Thiscase was investigated by the FBI‘s Joint Terrorism Task Force, the Bureau ofAlcohol, Tobacco, Firearms and Explosives (ATF), and the Lakewood PoliceDepartment, with assistance from the Jefferson County Sheriff‘s Office, theJefferson County Bomb Squad, the West Metro Fire and Rescue Department, and theColorado State Patrol.
Thedefendant was prosecuted by Assistant U.S. Attorney Greg Holloway.