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Thursday, March 28, 2024 | Back issues
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Anti-police militia member pleads guilty to destroying evidence in murder investigation

Kenny Miksch is the fourth member of an anti-law enforcement militia group to plead guilty to destroying evidence linked to the fatal shooting of a federal officer in May 2020.

SAN FRANCISCO (CN) — A 22-year-old man tied to the anti-police, pro-gun “Boogaloo” movement pleaded guilty Monday on charges of conspiring to obstruct an investigation into the fatal shooting of a federal officer in Oakland, California, last year.

Kenny Matthew Miksch, of San Lorenzo, entered his guilty plea during an in-person hearing before U.S. District Judge James Donato. He sported short-cropped brown hair, a dark suit and black face mask as he politely answered the judge’s questions.

In pleading guilty, Miksch admitted to conspiring to destroy records of group chats and messages with members of the “Grizzly Scouts” militia. Miksch held the rank of first lieutenant in the group and was responsible for firearms training and instruction.

Prosecutors have charged another member of the militia, Air Force Sgt. Steven Carrillo, with shooting and killing officer David Underwood and wounding his partner during a racial justice protest in Oakland on May 29, 2020. Underwood, a Federal Protective Services officer for the Department of Homeland Security, was standing watch with another guard outside the Ronald V. Dellums Federal Building and U.S. Courthouse.

Carrillo, 33, was arrested on June 6, 2020, in Ben Lomond after ambushing deputies from the Santa Cruz County Sheriff’s office and killing Sgt. Damon Gutzwiller. Carrillo pleaded not guilty to first-degree murder and attempted murder in July 2020.

Another man, 31-year-old Robert Alvin Justus Jr., is suspected of driving the white Ford cargo van from which prosecutors say Carrillo fired bullets at the two federal officers. Justus faces charges of aiding and abetting murder and attempted murder.

According to an indictment unsealed this past April, Miksch connected with three co-defendants — Robert Jesus Blancas, Jessie Alexander Rush and Simon Ybarra — on a Facebook group called "K/alifornia Kommando.” Prosecutors say the men met in person for firearms training and discussed committing acts of violence against law enforcement on WhatsApp and other messaging platforms.

Prosecutors say the men repeatedly referenced “boog” and discussed tactics for killing police officers. “Boog” refers to Boogaloo, an antipolice, antigovernment movement that promotes violent civil war through militias.

Assistant U.S. Attorney Eric Cheng read a description of facts underlying the charges against Miksch in court Monday. He said Miksch learned of Carillo’s role in the May 2020 shooting in Oakland when Carillo wrote in one of their group chats, “Dudes I offed a fed.”

Cheng said Miksch conspired with other members of the group to destroy their communications with Carillo.

"Concerned about Carillo’s actions in view of his membership in the Grizzly Scouts and their prior communications and interactions about committing violence against law enforcement, defendant Miksch agreed and conspired with other members of the Grizzly Scouts to destroy records of their interactions and communications with Carillo," Cheng said.

Miksch admitted to wiping records of the group’s WhatsApp messages from his cellphone.

He is the fourth co-defendant to plead guilty in the case. Blancas pleaded guilty last month. Rush and Ybarra entered their guilty pleas on Sept. 13.

Miksch faces up to 20 years in prison and a $250,000 fine. As part of his plea agreement, the U.S. Justice Department is recommending Miksch receive a sentence of six to 12 months in prison and three months of federal probation.

“If you are sentenced to prison, there is no parole in the federal criminal system, so you will not be released on parole,” Judge Donato warned the defendant.

As part of the plea agreement, which has not been made public but was discussed in court Monday, Miksch will also forfeit electronics and firearms that were seized by investigators.

After the hearing, Miksch’s attorney David Cohen declined to comment on the guilty plea. When asked if his client is a dangerous extremist who poses a threat to the community, Cohen replied, “Of course not.”

Sentencing hearings for Miksch, Rush and Ybarra are scheduled for Feb. 7, 2021. A sentencing hearing for their co-defendant, Blancas, is scheduled for Dec. 6. A jury trial for Carrillo and Justus is scheduled to start in November 2022.

Follow @NicholasIovino
Categories / Courts, Criminal

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