Store clerk testifies in ex-Navy SEAL's fireworks trial

LAS CRUCES — A store clerk from Lordsburg who refused to sell fireworks to a customer he said divulged plans to throw rockets at police officers at a political demonstration completed his testimony in federal court Tuesday.

Joseph Ramirez was on the stand for half the day as Gregory Vandenberg, 49, stands trial on charges that he transported fireworks in interstate commerce to California with the intent to injure or kill people. The Department of Justice stated in a news release that Vandenberg faces up to 10 years in prison if convicted.

Court filings state that Vandenberg is a Polish-born, naturalized U.S. citizen who served as a New York City police officer and later served as a Navy SEAL with multiple deployments and hundreds of combat operations. His defense team states that he is permanently disabled with combat-related injuries and supplements his military pension with odd jobs, traveling around the country by car. 

Vandenberg’s arrest last June was publicized in a news release days after the June 14 No Kings political demonstration in Los Angeles. The event drew over 200,000 people and, according to local law enforcement and press coverage, remained peaceful most of the day before reports of groups throwing rocks, bottles and other objects, including fireworks, led to dispersal of the crowd and a curfew.

Attorney General Pamela Bondi made an example of Vandenberg in the June 18 news release in which she stated, “This man allegedly intended to use the chaotic riots in Los Angeles as an opportunity to commit deadly violence against law enforcement officers.”

The government’s case against Vandenberg leans heavily on Ramirez’s testimony. Vandenberg visited the store on June 12 and purchased fireworks, reportedly comprising six Black Cat mortar rounds with 60 grams of gunpowder apiece and 72 M-150 Salutes.

Ramirez testified that he refused to sell them, however, because Vandenberg had asked him what fireworks he could use to injure or kill people and repeatedly stated he was headed to California with plans to throw the mortar rounds at police officers rather than launch them into the sky. Over several hours of testimony from Monday to Tuesday, Ramirez detailed his conversation with Vandenberg in the store, accompanied by the store’s security video footage, which does not include sound.

Ramirez also described comments Vandenberg made about having a military background, including knowledge of explosives and suggesting he possessed equipment for launching mortars — although no such equipment was found in Vandenberg’s car upon his arrest early the following morning.

According to Ramirez’s testimony, Vandenberg made the purchase after Ramirez reported the encounter to his manager, who contacted her own manager and ultimately approved the sale. Minutes later, however, Ramirez and his manager decided to call 911 with a description of Vandenberg’s vehicle and license plate number. Vandenberg was arrested in the early hours of June 13 napping in his car in Tucson, Arizona.

Federal prosecutor Grant Gardner used his examination of Ramirez to flesh out the conversation and how much Vandenberg revealed about his plans, with Ramirez testifying that Vandenberg asked him how he felt about the No Kings demonstrations, which protested President Donald Trump’s administration and its policies, and went as far as to invite Ramirez to join him on his trip.

Gardner also sought to undermine what Vandenberg allegedly told arresting officers about a plan to join friends in Phoenix, Arizona, for a celebration where he planned to use the fireworks. Ramirez testified that Vandenberg repeatedly stated his destination was California and that he never mentioned a gathering in Phoenix, nor did he ask practical questions about the fireworks regarding colors, types of displays, or safety for use around children.

Vandenberg’s defense team, led by attorney Dean Clark, worked to establish inconsistencies in Ramirez’s testimony and undermine the government’s contention that its evidence established Vandenberg’s guilt beyond a reasonable doubt. At times, the two spoke over each other and politely sparred as Clark compared Ramirez’s statements to FBI investigators with his testimony and probed his use of cannabis for back pain.

Clark also highlighted video footage showing Vandenberg laughing frequently during his conversation with Ramirez and suggested Vandenberg may have been engaging in “dark humor” about his plans for the fireworks.

Ramirez retorted that he perceived Vandenberg’s intention as serious, saying, “You don’t joke around about hurting people.”

A dozen or so witnesses are expected to testify in the trial, scheduled to run through Friday.

Algernon D'Ammassa is the Journal's southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.