FOR IMMEDIATE RELEASE
November 25, 2003
JAMES FLOYD CLEAVER SENTENCED FOR 1997 ARSON OFCOLORADO SPRINGS INTERNAL REVENUE SERVICE OFFICE
DENVER – John W. Suthers, United States Attorney for the District of Colorado, Terry Peacock, Special Agent In Charge of the Treasury Department’s Office of Inspector General for Tax Administration, Rich Marianos, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, and Phillip B.J. Reid, Special Agent in Charge of the Federal Bureau of Investigation’s Denver Office announced that JAMES FLOYD CLEAVER, age 49, of Colorado Springs, was sentenced today by Senior U.S. District Court Judge Richard P. Matsch to 400 months (over 33 years) in federal prison for starting the arson fire that destroyed the Internal Revenue Service office in Colorado Springs on May 3, 1997. CLEAVER was also ordered to pay restitution joint and several with co-defendant JACK DOWELL to the federal government in the amount of $2,252,384.88. CLEAVER was found guilty on August 4, 2003 following a five day jury trial.
On October 31, 2001, a federal grand jury in Denver returned an indictment charging CLEAVER and two others with the destruction of government property and forcible interference with Internal Revenue Service employees and administration in connection with the IRS office arson. CLEAVER was also charged with subornation of perjury and witness tampering.
According to the indictment, CLEAVER, JACK DOWELL, and THOMAS DOWELL maliciously started a fire which damaged a building occupied by the Internal Revenue Service, located at 2020 North Academy Boulevard in Colorado Springs. The fire totally destroyed theoffice, including tax payer files and records as well as government equipment.
The jury found that the firemen faced substantial risk of injury while fighting the fire. The arson also impeded IRS employees from doing their jobs. The monetary loss from the fire was over $2.5 million.
CLEAVER was also found guilty of suborning perjury by asking a witness to lie to a federal grand jury during testimony given in 1997. Later, CLEAVER threatened that same witness, attempting to prevent him from communicating with law enforcement officers. As a result of the threats, CLEAVER was convicted of witness tampering.
“In America there are numerous ways that one can lawfully voice dissent,” United States Attorney John Suthers said. “Resorting to violence and putting innocent people in harm’s way is inexcusable, and those who are responsible for these types of cowardly acts must be held accountable for their crimes.”
“This was a senseless act of violence, which was fully investigated and prosecuted,” said Rich Marianos, Resident Agent in Charge of the Bureau of Alcohol, Tobacco & Firearms Office in Colorado Springs. “All agents and attorneys should be commended for their hard work and tireless efforts in following through with this investigation, and bringing this dangerous offender to Justice.”
“Wilful attacks on federal facilities impact every citizen by impairing the ability of civil servants to perform their jobs,” Special Agent in Charge of the FBI Phillip Reid said. “In this case, it was because of the tenacity and the cooperative effort of the investigators involved that we were finally able to bring to justice those responsible for this destructive act.”
A federal jury had previously found JACK DOWELL guilty of destruction of government property by means of fire and forcible interference with IRS employees. He was sentenced by Judge Matsch to 30 years in federal prison. THOMAS DOWELL was acquitted following a jury trial. Two other defendants, RONALD SHERMAN and THOMAS SHAFER were charged with and pled guilty to perjury. SHERMAN will be sentenced on January 23, 2004, and SHAFER will be sentenced on January 22, 2004.
The case was investigated by the United States Treasury Department’s Office of Inspector General for Tax Administration, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and the Federal Bureau of Investigation (FBI). The Colorado Springs Fire Department also played a critical role in the investigation and prosecution of this case.
The case was prosecuted by Assistant United States Attorney Joseph Mackey.
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