Laskey also solicited co-conspirator Jesse Baker to kill potential witnesses and to call in a bomb threat to the federal courthouse in Eugene, where a grand jury was convened to investigate the crime. Then, between the latter part of 2004 and the early part of 2005, Laskey intimidated or attempted to intimidate Jesse Baker, to prevent Baker from relating information regarding the solicitation to federal investigators.Jacob Laskey pled guilty to violating 18 U.S.C. 241 (conspiracy); 18 U.S.C. 247 (damage to religious property); 18 U.S.C. 1512 (obstruction of justice); 18 U.S.C. 373 (solicitation to commit a crime of violence); and 18 U.S.C. 922 (felon in possession of a firearm) and, on April 3, 2007, he was sentenced to 11 years and three months in federal prison.Co-conspirators Gerald Anthony Poundstone and Gabriel Laskey entered guilty pleas to violating 18 U.S.C. 241 (conspiracy to violate civil rights) and 18 U.S.C. 247 (damage to religious property). Poundstone was sentenced to 15 months in prison.
Once inside, Odom and Boone used a bottle to punch several holes in the church walls. They then used a lighter to try to set fires in several places.On July 31, 1997, a federal grand jury issued a ten-count indictment charging the defendants with conspiracy, in violation of 18 U.S.C. 371; damage to religious property because of the religious character of that property, in violation of 18 U.S.C. 247(a)(1); damage to religious property because of the race of any individual associated with that property, in violation of 18 U.S.C. 247(c); use of fire or an explosive to commit a federal felony, in violation of 18 U.S.C. 844(h)(1); arson, in violation of 18 U.S.C. 844(i); and aiding and abetting an offense against the United States, in violation of 18 U.S.C. 2. The first five counts related to the burning of the St. Joseph's Baptist Church, and the other five involved the arson of the Tate Chapel A.M.E.In connection with the arson of St. Joseph Baptist Church, Woods pled guilty to violating 18 U.S.C. 844(i) and 18 U.S.C. 247, and was sentenced to 60 months in prison.
Ballinger would break a window at the side or back of the church; pour in a flammable mixture, usually gasoline; set the flammable mixture on fire with a lighter; and leave the area. Angela Wood helped Ballinger in setting many of the church fires, primarily acting as a lookout, but also carrying gas cans and other supplies for Ballinger.On July 11, 2000, Ballinger pled guilty to one count of conspiracy, in violation of 18 U.S.C. 371; twenty counts of church arson, in violation of 18 U.S.C. 247; six counts of arson of a building in interstate commerce, in violation of U.S.C. 844(i); and two counts of using fire to commit a federal felony, in violation of U.S.C. 844(h). The guilty plea covered 26 of the 31 arsons, but did not cover the five fires in Georgia.
Over the course of the next two months, as Grassie traveled around the state for various yodeling performances, he vandalized churches in the towns he visited. Over time, his vandalisms grew more involved and extensive, until they culminated in late June with the arson of the Roswell church to which Shirlene Jensen and her family belonged.On October 22, 1998, a federal grand jury returned a 10-count indictment against Grassie, charging him with numerous violations of 18 U.S.C. 247(a)(1) for damaging religious property because of the religious character of that property. Grassie was also charged with a violation of 18 U.S.C. 844(i) for burning a building used in interstate commerce; with a violation of 18 U.S.C. 844(h) for using fire in the commission of a felony; and with a second violation of 18 U.S.C. 844(i) for burning a truck that was used in interstate commerce.
The statute was subsequently amended to specifically provide for a conviction if a facility of interstate commerce was used – i.e., a telephone – even if the call was purely intrastate.United States v. Ballinger, 312 F.3d 1264 (11th Cir. 2002)The Eleventh Circuit panel initially held that there was insufficient interstate commerce evidence to convict the defendant of burning down several churches in rural Georgia in violation of 18 U.S.C. § 247(a)(1). The statute expressly requires proof that the arson be “in or affect interstate commerce.”
Note that this was an arson prosecution, not a prosecution under the church burning statute, as in Ballinger, infra. United States v. Lamont, 330 F.3d 1249 (9th Cir. 2003) Arson of a church will not necessarily amount to a federal offense, because of the absence of a sufficient nexus to interstate commerce, even if members of the church come fromother states, the church has membership in an interstate organization, and there are interstate transfers of church funds.United States v. Ballinger, 312 F.3d 1264 (11th Cir. 2002) The Eleventh Circuit panel initially held that there was insufficient interstate commerce evidence to convict the defendant of burning down several churches in rural Georgia in violation of 18 U.S.C. § 247(a)(1). The statute expressly requires proof that the arson be “in or affect interstate commerce.”