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

Gregory Vandenberg accused of purchasing fireworks, planning to harm police at No Kings rally

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LAS CRUCES 鈥 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鈥檚 arrest last June was publicized  days after the 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, 鈥淭his man allegedly intended to use the chaotic riots in Los Angeles as an opportunity to commit deadly violence against law enforcement officers.鈥

The government鈥檚 case against Vandenberg leans heavily on Ramirez鈥檚 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.

Gregory Vandenberg

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鈥檚 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 鈥 although no such equipment was found in Vandenberg鈥檚 car upon his arrest early the following morning.

According to Ramirez鈥檚 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鈥檚 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鈥檚 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鈥檚 defense team, led by attorney Dean Clark, worked to establish inconsistencies in Ramirez鈥檚 testimony and undermine the government鈥檚 contention that its evidence established Vandenberg鈥檚 guilt beyond a reasonable doubt. At times, the two spoke over each other and politely sparred as Clark compared Ramirez鈥檚 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 鈥渄ark humor鈥 about his plans for the fireworks.

Ramirez retorted that he perceived Vandenberg鈥檚 intention as serious, saying, 鈥淵ou don鈥檛 joke around about hurting people.鈥

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.