KANSAS CITY, Mo. – Two members of the 2nd American Militia were sentenced last week in federal court for their roles in a 2022 conspiracy to murder U.S. Border Patrol agents and, related to their shooting at FBI agents during the execution of a search warrant, of attempting to murder federal agents, according to the United State's Attorney.
Bryan C. Perry, 39, of Clarksville, Tenn., was sentenced by U.S. District Judge Brian C. Wimes to a total of 15 consecutive life terms in federal prison without parole for his convictions for one count of conspiracy to murder a federal officer and fourteen counts of use of a firearm in furtherance of a crime of violence.
The court also sentenced Perry to concurrent terms of imprisonment of 20 years for his convictions for seven counts of attempted murder of a federal officer, seven counts of assault of a federal officer with a deadly or dangerous weapon, and one count of assault of a federal officer that inflicts bodily injury. Perry further received concurrent sentences of varying terms of imprisonment for his convictions for conspiracy to assault a federal officer, conspiracy to injure an officer, assault of a federal officer that involves physical contact, depredation of government property, felon in possession of a firearm, possession of body armor by a violent felon, and communicating a threat to injure. The court also sentenced Perry to five years of supervised release following his incarceration and a restitution amount of $3,717.98.
Jonathan S. O’Dell, 35, of Warsaw, Mo., was sentenced by U.S. District Judge Brian C. Wimes to a total of 165 years in federal prison without parole for one count each of conspiracy to murder a federal officer, conspiracy to assault a federal officer, conspiracy to injure an officer, assault of a federal officer that inflicts bodily injury, depredation of government property, possession of a firearm while subject to a court order of protection, communicating a threat to injure, making a false statement, escape from custody, two counts of assault of a federal officer involving physical contact, seven counts each of attempted murder of a federal officer and assault of a federal officer with a deadly or dangerous weapon, and 14 counts of use of a firearm in furtherance of a crime of violence. The Court also sentenced O’Dell to five years of supervised release following his incarceration and a restitution amount of $19,234.63.
On Nov. 7, 2024, Perry and O’Dell were found guilty after a 9-day jury trial in the U.S. District Court in Jefferson City, Mo. The jury deliberated for about two hours and 23 minutes before returning guilty verdicts, ending a trial that began on Oct. 28, 2024. On the morning of the first day of trial, O’Dell pleaded guilty to one count of illegally possessing a firearm while subject to a court order of protection, one count of making a false statement to a federal agent, and one count of escaping from custody.
Evidence introduced during the trial showed that, throughout the summer, and fall of 2022, Perry and O’Dell recruited and attempted to recruit other individuals to join the 2nd American Militia, a group they co-founded, and join in their plan to travel to the United States-Mexico border to go to war with U.S. Border Patrol. Perry posted several videos on TikTok in an attempt to recruit other members into their conspiracy and they advertised a recruitment event in Warsaw.
On Sept. 5, 2022, Perry, bringing at least two stolen firearms, body armor, and gas masks with him, traveled from Tennessee to Warsaw to live with O’Dell. They used O’Dell’s residence as a staging site as they prepared for their trip to the border and collected firearms, paramilitary gear, ammunition, and other supplies.
On Sept. 12, 2022, Perry posted a video on TikTok in which he discussed illegal immigrants coming into the United States from Mexico. Perry stated that the U.S. Border Patrol was committing treason by allowing these illegal immigrants to enter the United States, and that the penalty for treason was death. Perry posted another video on TikTok the next day in which he stated that he was “ready to go to war against this government.”
On Sept. 22, 2022, Perry posted a video on TikTok in which he stated, “we’re out to shoot to kill” and that “our group is gonna go protect this country.” On Oct. 3, 2022, Perry posted a video on TikTok in which he stated, “we were going out huntin’,” that his group was taking their “full kits,” and that they were leaving for the United States – Mexico border on Oct. 8, 2022.
O’Dell and Perry continued to conduct preparatory steps to further their conspiracy, including continuing to recruit others, attempting to acquire other gear, and practicing shooting at targets with firearms.
On Oct. 7, 2022, the FBI executed a search warrant at O’Dell’s residence. Federal agents approached the property at about 6 a.m. in vehicles with red and blue lights activated. As the FBI approached, an agent utilized a loudspeaker in the lead armored vehicle, the “Bearcat,” to announce they were with the FBI and that they had a search warrant for the residence. Seven agents were inside or behind the Bearcat. The FBI agent began to repeat the announcement, again stating that they were with the FBI, when gunshots were fired from a front window at the lead FBI vehicle. Perry fired 11 shots from his Voodoo Innovations multi-caliber rifle with an AM-15 lower receiver. Several rounds hit the lead FBI vehicle.
Agents responded by deploying flash bangs around the residence. Agents used the Bearcat to conduct a breach of the front door of the residence using an affixed ram. Agents did not return fire and, after the gunshots ceased, the FBI established a perimeter and began communicating with the persons inside the residence to come out.
O’Dell and his girlfriend came out of the residence and surrendered to authorities. Perry eventually came out of the residence. Perry took down an American flag from the front porch of the residence and walked down the steps while waving the flag. After beginning to walk to the agents, Perry then turned around and moved back to the residence. Agents pursued Perry, who began to fight and swing his fists, striking the agents several times and causing injury to at least one agent before he was taken into custody.
Agents then searched the residence and found six firearms, 23 magazines filled with ammunition, 1,770 rounds of various other ammunition, 11 spent casings, two sets of body armor with corresponding plate carrier vests, one handheld radio, two sniper rests, two gas masks, two ballistic helmets, multiple containers of a binary explosive mixture commonly sold as an exploding target, zip ties, medical supplies, and two 2nd American Militia patches. Agents also found two go-bags that contained food, provisions, and other gear.
Later, on Sept. 29, 2023, while O’Dell was in custody awaiting trial on the charges, he escaped from the Phelps County, Mo. Jail and eventually led authorities on a high-speed chase in Ray County, Mo., before being apprehended.
This case is being prosecuted by Assistant U.S. Attorneys Casey Clark and Ashley Turner. It was investigated by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the Missouri State Highway Patrol, the Phelps County, Mo., Sheriff’s Department, the Ray County, Mo., Sheriff’s Department, the Caldwell County, Mo., Sheriff’s Department, and the Kansas City, Mo., Police Department.