Date: 06-19-2023

Case Style:

United States of America v. Robert Bowers

Case Number: 2:18-cr-00292

Judge: Robert Colville

Court: United States District Court for the Western District of Pennsylvania (Allegheny County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:

Description: Pittsburgh, Pennsylvania criminal defense lawyers are representing Defendant charged with 63 counts of murder and other felonies for shooing and killing Jewish worshipers gathered to practice their faith at the Squirrel Hill synagogue four years and 7 months ago. The government seeks the death penalty.

Robert Bowers, age 50, of Baldwin, Pennsylvania, had a history of anti-semitism.

The Defense is anticipated to produce evidence that the Defendant has epilepsy and schizophrenia.

he trial will be divided among three phases: the guilt phase, which is expected to take about three weeks, and then a death penalty eligibility phase and a penalty selection phase.

18 USC 247(a)(2) and 247(d)(1) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS RESULTING IN DEATH
(1-11)
18 USC 247(a)(2) and 247(d)(1) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS RESULTING IN DEATH
(1s-11s)
18 USC 924(c)(1)(A)(iii) and 924 (j)(i) - USE AND DISCHARGE OF A FIREARM TO COMMIT MURDER DURING AND IN RELATION TO A CRIME OF VIOLENCE
(12-22)

18 U.S. Code § 249 - Hate crime acts

U.S. Code
Notes

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(a) In General.—
(1) Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—
(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.—
(A) In general.—Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person—
(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(I) death results from the offense; or
(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(B) Circumstances described.—For purposes of subparagraph (A), the circumstances described in this subparagraph are that—
(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim—
(I) across a State line or national border; or
(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
(iv) the conduct described in subparagraph (A)—
(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
(II) otherwise affects interstate or foreign commerce.
(3) Offenses occurring in the special maritime or territorial jurisdiction of the united states.—
Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs.
(4) Guidelines.—
All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person.
(5) Lynching.—
Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, be imprisoned for not more than 30 years, fined in accordance with this title, or both.
(6) Other conspiracies.—
Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, or if the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, be imprisoned for not more than 30 years, fined in accordance with this title, or both.
(b) Certification Requirement.—
(1) In general.—No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that—
(A) the State does not have jurisdiction;
(B) the State has requested that the Federal Government assume jurisdiction;
(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or
(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.
(2) Rule of construction.—
Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.
(c) Definitions.—In this section—
(1) the term “bodily injury” has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;
(2) the term “explosive or incendiary device” has the meaning given such term in section 232 of this title;
(3) the term “firearm” has the meaning given such term in section 921(a) of this title;
(4) the term “gender identity” means actual or perceived gender-related characteristics; and
(5) the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.
(d) Statute of Limitations.—
(1) Offenses not resulting in death.—
Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.
(2) Death resulting offenses.—
An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.
(e) Supervised Release.—
If a court includes, as a part of a sentence of imprisonment imposed for a violation of subsection (a), a requirement that the defendant be placed on a term of supervised release after imprisonment under section 3583, the court may order, as an explicit condition of supervised release, that the defendant undertake educational classes or community service directly related to the community harmed by the defendant’s offense.

18 USC 249(a)(1)(B)(i) - HATE CRIME RESULTING IN DEATH
(12s-22s)
18 USC 247(a)(2), 247(d)(1) and 247(d)(3) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS INVOLVING AN ATTEMPT TO KILL AND USE OF A DANGEROUS WEAPON, AND RESULTING IN BODILY INJURY
(23-24)
18 USC 924(c)(1)(A)(i), 924(c)(1)(A)(ii), 924(c)(1)(A)(iii) and 924(j)(1) - USE AND DISCHARGE OF A FIREARM TO COMMIT MURDER DURING AND IN RELATIONS TO A CRIME OF VIOLENCE AND POSSESSION OF A FIREARM IN FURTHERANCE OF A CRIME OF VIOLENCE
(23s-33s)
18 USC 924(c)(1)(A)(iii) - USE AND DISCHARGE OF A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE
(25-26)
18 USC 247(a)(2), 247(d)(1) and 247(d)(3) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS INVOLVING AN ATTEMPT TO KILL AND USE OF A DANGEROUS WEAPON, AND RESULTING IN BODILY INJURY TO A PUBLIC SAFETY OFFICER
(27-34)
18 USC 247(a)(2), 247(d)(1) and 247(d)(3) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS INVOLVING AN ATTEMPT TO KILL AND USE OF A DANGEROUS WEAPON, AND RESULTING IN BODILY INJURY
(34s-35s)
18 USC 247(a)(2) and 247(d)(3) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS INVOLVING USE OF A DANGEROUS WEAPON AND RESULTING IN BODILY INJURY TO A PUBLIC SAFETY OFFICER
(35)
18 USC 924(c)(1)(A)(iii) - USE AND DISCHARGE OF A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE
(36-44)
18 USC 249(a)(1)(B)(ii) - HATE CRIME ACT INVOLVING AN ATTEMPT TO KILL
(36s-37s)
18 USC 924(c)(1)(A)(i), 924(c)(1)(A)(ii) and 924(c)(1)(A)(iii) - USE AND DISCHARGE OF A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE AND POSSESSION OF A FIREARM IN FURTHERANCE OF A CRIME OF VIOLENCE
(38s-39s)
18 USC 247(a)(2), 247(d)(1) and 247(d)(3) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS INVOLVING AN ATTEMPT TO KILL AND USE OF A DANGEROUS WEAPON, AND RESULTING IN BODILY INJURY TO A PUBLIC SAFETY OFFICER
(40s-47s)
18 USC 247(a)(2) and 247(d)(3) - OBSTRUCTION OF FREE EXERCISE OF RELIGIOUS BELIEFS INVOLVING USE OF A DANGEROUS WEAPON AND RESULTING IN BODILY INJURY TO A PUBLIC SAFETY OFFICER
(48s-51s)
18 USC 924(c)(1)(A)(i), 924(c)(1)(A)(ii) and 924(c)(1)(A)(iii) - USE AND DISCHARGE OF A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE AND POSSESSION OF A FIREARM IN FURTHERANCE OF A CRIME OF VIOLENCE
(52s-63s)

In the last 18 months, hate crimes against Jews have increased with shocking regularity and violence. Armed attackers have assailed Jewish worshippers in synagogues, shoppers in a kosher Jewish market, and Hanukkah celebrants in a rabbi’s home. Other incidents targeting the Jewish people have included vandalism of Jewish synagogues, schools and cemeteries.

The Department of Justice and the United States Attorney’s Office for the Western District of Pennsylvania are committed to addressing and combating hate crimes against Jews and ensuring the safety of our Jewish communities. If you have been a victim or have knowledge of an anti-Semitic hate crime in the Western District of Pennsylvania, please contact our office’s point of contact, Assistant U.S Attorney Jessica Lieber Smolar, at 412-644-3500.

Outcome: A jury of 11 women and seven men was selected in a process that took nearly four weeks. Defendant was found guilty.

Plaintiff's Experts:

Defendant's Experts:

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