Two Men Indicted on Conspiracy to Obstruct Justice Charges in #BostonMarathonBombing Investigation

A federal grand jury returned a two-count indictment against two men previously charged with conspiracy to obstruct justice in the Boston Marathon bombing investigation.

Dias Kadyrbayev, 19, and Azamat Tazhayakov, 19, nationals of Kazakhstan who were residing in New Bedford on student visas, were charged today with conspiracy to obstruct justice and obstructing justice with the intent to impede the Boston Marathon bombing investigation. Kadyrbayev and Tazhayakov were originally charged on May 1, 2013 via criminal complaint.

Today’s indictment alleges that on the evening of April 18, 2013, after the FBI posted photographs of the two men suspected of carrying out the Marathon bombings (who were later identified as Tamerlan Tsarnaev and Dzhokhar Tsarnaev), Kadyrbayev received a text message from Dzhokhar Tsarnaev suggesting that he go to Tsarnaev’s “room and take what’s there.” Kadyrbayev, Tazhayakov, and another conspirator, according to the indictment, then went to Tsarnaev’s dormitory room and removed several items, including Tsarnaev’s laptop computer and a backpack containing fireworks, and brought them to Kadyrbayev and Tazhayakov’s apartment in New Bedford. Later that night, Kadyrbayev, with Tazhayakov’s knowledge and agreement, placed Tsarnaev’s backpack, which contained several items, including fireworks, in a garbage bag and put it in a trash dumpster outside their New Bedford apartment.

If convicted, Kadyrbayev and Tazhayakov face up to 20 years in prison on the obstruction of justice count and up to five years in prison on the conspiracy count, each to be followed by up to three years of supervised release and a $250,000 fine. Both face the possibility of being deported.

U.S. Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division, made the announcement today. This investigation was conducted by the FBI’s Boston Division, the Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force (JTTF), which is composed of more than 30 federal, state, and local enforcement agencies. The University of Massachusetts Dartmouth Department of Public Safety, the City of New Bedford, New Bedford Police Department, Dartmouth Police Department, U.S. Department of Transportation-Office of Inspector General, U.S. Treasury Inspector General for Tax Administration (TIGTA), Essex County Sheriff’s Office, and Internal Revenue Service-Criminal Investigations provided assistance in this investigation.

The case is being prosecuted by Assistant U.S. Attorneys B. Stephanie Siegmann and John A. Capin of Ortiz’s Anti-Terrorism and National Security Unit with the assistance of the Counterterrorism Section of the Justice Department’s National Security Division.

The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.