Latest news with #Wieambilla
ABC News
5 days ago
- ABC News
US court drops charge against conspiracy theorist Donald Day Jr linked to Wieambilla attack
A US judge has dismissed one of the charges against a conspiracy theorist linked to the deadly Wieambilla terror attack. Donald Day Jr was facing five federal charges in the US — three relating to alleged threats, and two counts of violating firearms laws. US judge the Honourable John J. Tuchi has now dismissed one count of an interstate threat charge, which alleged Mr Day threatened the director of the World Health Organization. Mr Tuchi granted the motion from US government prosecutors for the count to be dropped this week after the government said it was "made in good faith and is not contrary to the public interest". The defendant's counsel did not object to the dismissal of the charge, labelled "count 2" in court documents. It was alleged in February 2023, Mr Day threatened to injure WHO director Tedros Adhanom Ghebreyesus, commenting on a BitChute video: "It is time to kill these monsters, and any who serve them. Where are my kind? Where are you? Am I the only one? F**kin' hell!" The video Mr Day commented on was of the WHO director discussing the discovery of a new virus in Equatorial Guinea called Marburg, which he said was similar to Ebola and had no approved vaccines. Mr Day was active on BitChute, under the username "WEAREALLDEADASF**K", and had previously posted on the platform that he was "an x-con, who's armed to the teeth." He also communicated with Gareth and Stacey Train on YouTube under the username "Geronimo's Bones". The Train couple, along with Gareth's brother Nathaniel, fired a hail of bullets at police at their Queensland property in 2022. Constables Rachel McCrow and Matthew Arnold, and a neighbour, Alan Dare, were all killed in the shooting. After the murder of the officers, Gareth and Stacey appeared to address Mr Day in a video posted on YouTube called "Don't Be Afraid". "[T]hey came to kill us, and we killed them. If you don't defend yourself against these devils and demons, you're a coward. We'll see you when we get home," Gareth said. "We'll see you at home, Don. Love you," Stacey added. Mr Day commented on the video soon after, that he wished he could be with the Trains "to do what I do best", according to court documents. "I hate it, that I am unable to. What can I do? I tell you, family, that those b**tards will regret that they ever f**ked with us," he said. Mr Day told officers in a police interview filed to a US court in April, that he was emotional after seeing the video. He said that if he had known what was going to happen, he would have told the Trains not to kill the officers as he wanted them to come to the United States. Mr Day admitted that he felt responsible for what happened to the Trains and for telling them he would have killed the "devils" and "demons" if they had come to his home. "I totally felt responsible for that … because I didn't want to see my friends get killed like that," he told police. The trial is scheduled to take place on September 15.
The Guardian
01-04-2025
- The Guardian
Australian police will testify at trial of US man linked to Wieambilla shootings
Australian police officers have been given the green light to testify in the US trial of a man accused of links to the deadly Wieambilla shootings in rural Queensland. The Queensland officers will be allowed to testify in an Arizona court but will have to stick to 'neutral factual' accounts of the incident. A US federal judge will prohibit the officers giving more personal commentary that would lead the jury to 'focus on the horror' of the shootings that claimed the lives of two police, an innocent bystander and all three suspects. Two brothers, Nathaniel and Gareth Train, aged 46 and 47, used high-powered rifles during an ambush to kill Const Matthew Arnold, 26, and Const Rachel McCrow, 29, at the remote Queensland property in December 2022. Donald Day Jr, 60, from Arizona, was charged a year later in the US with making threats to public figures and FBI agents, as well as with illegal firearms possession. Day's lawyer Jon Sands early in March filed a motion to the US federal district court of Arizona seeking to prevent Queensland police officers testifying at his client's upcoming trial. 'This approach ... provides all the context necessary for the government to prove its case, without requiring the emotionally charged testimony of Australian law enforcement officials.' US prosecutors had argued the jury needed to hear from the officers because Day shared beliefs with the Trains that police and government officials were 'devils and demons' acting to enslave humanity. The prosecutors said this evidence would support their claims that Day was serious when he allegedly threatened to kill FBI agents, public health officials and other high-profile people. Judge John Tuchi published a judgment on Monday allowing the Queensland officers to testify. He found they could give evidence of Day's motive and intent when he allegedly made threats to kill in the days following the Wieambilla shooting. 'The court therefore will allow fact witness testimony as to why the constables came to be at the Trains' property that upon entering onto the property the Trains fired upon them, that the Trains killed two constables and a neighbour,' Judge Tuchi stated. The judge placed restrictions on what the Queensland officers could say on the stand. 'The court will require neutral factual descriptions, but no characterisations — for example, witnesses may describe that Gareth or Stacey shot or killed a constable, but may not state that they ambushed or murdered the officer,' Judge Tuchi stated. 'Such terms may be factually accurate, but they also are loaded, [and invite] the jury to focus on the horror of what the Trains did — for which [Day] is not responsible'. Nathaniel Train joined Gareth and his sibling's wife Stacey, 45, to fatally shoot neighbour Alan Dare, 58, soon after killing the two constables. All three Trains were shot dead by specialist police officers hours later when they refused to negotiate or surrender. Queensland officers will be able to testify about those events as well. Queensland police had proposed to send two police officers and three forensic officers to testify in the trial scheduled to begin on April 22 in Arizona.
The Guardian
27-03-2025
- The Guardian
US man allegedly told FBI he ‘added fuel to the fire' prior to Wieambilla shootings by calling police ‘demons'
An American man has told investigators he 'felt responsible' for the Wieambilla shootings in Australia that claimed six lives, including two police officers, the FBI says. Brothers Nathaniel, 46, and Gareth Train, 47, used high-powered rifles during an ambush to kill Constables Matthew Arnold, 26, and Rachel McCrow, 29, at the remote Queensland property in December 2022. Arizona man Donald Day Jr, 60, was charged a year later in the US with making threats to public figures and FBI agents, as well as with illegal firearms possession. Sign up for Guardian Australia's breaking news email Prosecutors on Wednesday submitted an FBI report to a pre-trial hearing in the US federal district court of Arizona. The report alleges Day provided information to two FBI special agents during an electronically recorded interview at a hotel in Heber, Arizona after his arrest. 'Yeah, this does have to do with Queensland,' Day allegedly told his wife after reading his arrest warrant. Nathaniel Train joined Gareth and his sibling's wife Stacey, 45, to fatally shoot neighbour Alan Dare, 58, soon after killing the two constables. All three Trains were shot dead by specialist police officers hours later when they refused to negotiate or surrender. Day allegedly told the FBI agents a year later: 'I totally felt responsible for that … because I didn't want to see my friends get killed like that'. Day allegedly sent messages about a 'Christian end-of-days ideology' known as premillennialism to the Trains between May 2021 and December 2022. An inquest into the shootings was told the Trains had paranoid beliefs that police were 'devils and demons' who would transform the family into mindless slaves. The FBI report claimed Day told agents he had 'added fuel to the fire' – instead of dampening the coals – after Queensland police tried to contact the Trains Day allegedly agreed with agents that he told the Trains prior to the shooting that he would kill police if they entered his property. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'I would kill them all because they are monsters and demons in the flesh,' Day allegedly told the Trains via online messages. Day allegedly told the agents he 'did not know that things were going to end the way that they did'. 'If he had known, he would have asked the Trains to be patient so he could have the Trains move to the US,' the FBI report stated. Queensland police visited the front gate of the Trains' property prior to the shooting in relation to a missing persons report. Four junior officers returned days later and entered the property to arrest Nathaniel Train over firearms charges. The Train brothers opened fire on them from concealed sniper positions. Day has pleaded not guilty to all charges and denied having any involvement in the Wieambilla shootings. The trial is scheduled to begin on 22 April in Arizona. A US judge is due to rule on a motion by Day's lawyer to block Queensland police from testifying, on grounds it would prejudice the jury to hear their 'emotionally charged testimony'.
