Trial begins for ex-Navy Seal accused in No Kings plot

LAS CRUCES – A military combat veteran appeared in federal court Monday for the opening day of a trial based on allegations he purchased fireworks 20 miles outside Lordsburg with the intent of transporting them to California in order to cause mayhem at a June 14 No Kings protest.

On June 12, as highly publicized plans proceeded for a nationwide day of political demonstrations in protest of Trump administration policies on the 14th, Gregory Vandenberg, 49, entered the Bowlins Continental Divide Trading Post off of Interstate 10, about 20 miles east of Lordsburg. He is accused of purchasing six Black Cat mortar rounds with 60 grams of gunpowder apiece and 72 M-150 Salutes, according to a grand jury indictment, with a plan to use them as weapons.

Joseph Ramirez, the clerk at the store that afternoon, testified Monday that Vandenberg spoke openly of plans to attend a No Kings protest in Los Angeles and throw lit fireworks at law enforcement officers, possibly after tying multiple rounds together.

“He wanted to injure people,” Ramirez said, describing their conversation  over security video footage that did not include sound. 

After a manager approved the sale despite Ramirez’s concerns and quickly felt regret, Ramirez called 911 with a description of Vandenberg’s car and what he allegedly said. Vandenberg was arrested while sleeping in his car early the following morning at Davis Monthan Air Force Base in Tucson, Ariz.

Vandenberg is facing one count of receiving and transporting fireworks with the intent to intimidate, kill or cause serious injury. He also faces a count of attempting to transport the fireworks to California for unlawful purposes.

Vandenberg’s defense, in an unsuccessful petition to release Vandenberg from custody ahead of his trial, called the government’s case “flimsy at best” and described Vandenberg as an honorably discharged Navy Seal living on permanent disability from PTSD and combat-related injuries, who supplements his pension with odd jobs and prefers to rent rooms on military bases because of their heightened security. He was sleeping in his car the night of his arrest, defense attorney Dean Clark wrote, because the on-base hotel was full.

Although he remains in custody, Vandenberg appeared in court wearing a business suit rather than prison garb, occasionally whispering to one his attorneys.

The U.S. Department of Justice publicized his June arrest in news releases using Vandenberg’s Polish name, Grzegorz Vandenberg, but Clark stated in court that Vandenberg, a naturalized U.S. citizen, goes by Gregory.  Court filings by the defense state that Vandenberg was a New York City police officer before joining the Navy and serving in hundreds of combat missions over four deployments before his discharge. 

But prosecutors told the jury in their opening statement that their evidence included anti-Israel and antisemitic messages, as well as symbols associated with the Taliban or al Qaeda, plus research into the No Kings demonstrations allegedly found on Vandenberg’s mobile phone.

Clark countered that searches of his client’s vehicle and a storage shed he used revealed no bombmaking materials, no anti-police or anti-Trump materials; and that the evidence he was headed to Los Angeles to harm law enforcement officers with fireworks was scant, notwithstanding any “anti-Semitic garbage” stored on Vandenberg’s phone.

The first of five days scheduled for Vandenberg’s trial concluded in the middle of Ramirez’s testimony, which will resume Tuesday.

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