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Date: 02-09-2021

Case Style:

United States of America v. Kelly Michael Burns

Case Number: 1:21-cr-00007-MC-1

Judge: Michael J. McShane

Court: United States District Court for the District of Oregon (Jackson County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:


Criminal Defense Lawyer Directory


Description: Medford, Oregon mailing threatening communications charge criminal defense lawyer represented Defendant, Kelly Michael Burns, age 71, who was charged with eight counts of mailing threatening communications.

According to court documents, on or about December 19, 2019, Burns mailed four Christmas cards, postmarked in Medford, to former coworkers containing a white powder pesticide later identified as carbaryl. The cards were addressed to the victims’ workplace and contained violent threats such as “Merry Anthrax (obscenity)! Eat (obscenity) and die more to come.” Three people at Burns’ former workplace were exposed to the carbaryl, forced to undergo an extensive physical decontamination process, and were administered a high-dose antibiotic. One of the victims exposed was ten weeks pregnant at the time of exposure. As a result of the contamination, law enforcement ordered company employees out of the building and the company was closed for further decontamination.

Later, on February 13, 2020, Burns again mailed cards containing carbaryl to the same four victim recipients. This second wave of cards also contained violent statements with added threats directed at the victims’ families.

On February 26, 2020, an FBI laboratory completed a chemical analysis of the powder found in the December cards and confirmed that it was carbaryl, a known pesticide toxic to humans. A few days later, FBI handwriting analysts presumptively matched the handwriting on the envelopes and cards mailed in December to Burns’ own handwriting obtained from a job application and recent tax documents.

In March 2020, FBI agents executed a search warrant at Burns’ residence. They found handwritten notes in which Burns threatened to kill a former coworker, sabotage his former workplace, and conduct a drive-by shooting. Agents also recovered several books including, “The Poisoner’s Handbook,” “The Joy of Cold Revenge,” “U.S. Army Guide to Boobytraps,” and “Silent Death.”

On March 5, 2020, Burns was charged by criminal complaint with mailing threatening communications and false information or hoaxes. Later, on January 15, 2021, he was charged by criminal information with eight counts of mailing threatening communications.

Burns faces a maximum sentence of ten years in prison, a $250,000 fine and three years’ supervised release. He will be sentenced on May 6, 2020 before U.S. District Court Judge Michael J. McShane.

As part of the plea agreement, Burns has agreed to pay restitution in full to his victims as identified by the government prior to sentencing and ordered by the court.

This case was investigated by the FBI. It is being prosecuted by John C. Brassell, Assistant U.S. Attorney for the District of Oregon.

Outcome: 02/08/2021 71 Waiver of Indictment by Kelly Michael Burns (cp) (Entered: 02/08/2021)
02/08/2021 72 Minutes of Proceedings: Arraignment Hearing held on 2/8/2021 before Judge Michael J. McShane for Defendant Kelly Michael Burns (1) as to Counts 1-8. Defendant consents to appearance by video conference. Defendant advised of rights and charges. Waiver of Indictment, Plea Agreement and Plea Petition filed with the Court. Guilty plea entered as to counts 1 - 8 of the Information. Presentence Report ordered. Sentencing is set for 5/6/2021 at 10:00AM in Eugene by video conference before Judge Michael J. McShane. Counsel Present for Plaintiff: John C. Brassell. Counsel Present for Defendant: Devin Huseby. (USPO Present: Megan McGrath and Juan Gonzalez) (Court Reporter Ryan White) (cp) (Entered: 02/08/2021)
02/08/2021 73 Plea Agreement as to Kelly Michael Burns (cp) (Entered: 02/08/2021)
02/08/2021 74 Plea Petition and Order Entering Plea as to Defendant Kelly Michael Burns. Signed on 2/8/2021 by Judge Michael J. McShane. (cp) (Entered: 02/08/2021)

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