After carjacking a man in a Mercedes-Benz, one of the suspects told the victim, “Did you hear about the Boston explosion? I did that. I am serious,” the affidavit said.
The complaint states the suspect then, “removed the magazine from his gun and showed the (carjacking) victim that it had a bullet in it, and then reinserted the magazine. The man then stated, ‘I am serious.’”
Police eventually found Dzhokhar Tsarnaev hiding in a boat in Watertown on Friday evening after a day-long search that paralyzed the Boston area. Massachusetts state police released an infrared video they said shows him trying to evade capture.
He was cornered and seized, wounded and bloody, after he was discovered hiding in a tarp-covered boat in a Watertown backyard.
He had apparent gunshot wounds to the head, neck, legs and hand, the FBI said in court papers.
In its criminal complaint, the FBI said it searched Tsarnaev’s dorm room at the University of Massachusetts-Dartmouth on Sunday and found BBs as well as a white hat and dark jacket that look like those worn by one of the suspected bombers in the surveillance photos the FBI released a few days after the attack.
U.S. officials had said previously that the elite interrogation team would question Dzhokhar Tsarnaev without reading him his Miranda rights — which guarantee the right to remain silent and the right to an attorney — something that is allowed on a limited basis when the public may be in immediate danger, such as when bombs are planted and ready to go off.
In a statement, several GOP lawmakers, including Rep. Peter King, R-N.Y. and Sens. John McCain, R-Ariz., Lindsey Graham, R-S.C., and Kelly Ayotte, R-N.H., called the decision not to immediately Mirandize Tsarnaev “sound and in our national security interests.”
However, they expressed concern that “exclusively relying on the public safety exception to Miranda could very well be a national security mistake. It could severely limit our ability to gather critical information about future attacks from this suspect.”
“Unfortunately the Boston Marathon massacre is a vivid, vivid wakeup call that the enemy is still there, still wants to kill us, and will not rest and we cannot let our guard down,” King said Monday.
American Civil Liberties Union Executive Director Anthony Romero has said the legal exception applies only when there is a continued threat to public safety and is “not an open-ended exception” to the Miranda rule.