A former Harlem charter school teacher who was arrested after authorities found a cache of bomb-making materials in his Bronx apartment was sentenced to 70 months in prison on Wednesday.
Christian Toro, 28, came under suspicion after a bomb threat was called in to the Harlem high school where he worked as a teacher on December 4, 2017.
Law enforcement arrested a 16-year-old student for making the bomb threat and discovered that she was having a sexual relationship with Toro, and that he had told her to call the school and say there’s a bomb in the building.
Toro resigned from his teaching position on January 9, 2018 and he was arrested and charged with statutory rape on January 31, 2018.
When he returned his work laptop to the school, a technical specialist found a copy of The Anarchist Cookbook on the laptop and the school promptly notified the police.
“We are all in the gutter, but some of us are looking up at the stars.”
-Oscar Wilde, as quoted on Christian Toro’s Facebook page
Law enforcement agents interviewed Toro at the apartment he shared with his mother and brother on February 8, 2018. He told investigators that he had come across the book while researching the Boston Marathon bombing and claimed that he had not downloaded it intentionally, and that he had only looked at the table of contents.
Shortly after the interview, investigators learned that Toro had paid two students $50 an hour to break apart fireworks and place black powder in containers in his apartment on several occasions in late 2017.
Toro had also demonstrated a flash powder explosion in front of one of the students.
The search of the Toros’ apartment
On February 15, 2018, the FBI’s New York Joint Terrorism Task Force executed a search warrant at the Toros’ apartment.
When they entered the apartment Toro was in the bathroom flushing marijuana down the toilet.
Agents discovered a trove of bomb-making materials in the brothers’ bedroom including over 30 pounds of explosive precursor chemicals, a glass jar containing explosive powder, a fuse, firecrackers, and ball bearings.
The brothers possessed the components of an improvised explosive device.
According to court filings, the Probation Department reported that the “apartment contained several notebooks full of handwritten pages concerning the device and apparent plans relating to it”, and that the brothers “may have had some larger plan in mind for the use of the improvised explosive device”.
Authorities found two references to something called “Operation Flash”. It appeared on a page inside a notebook, and in Tyler Toro’s handwritten diary.
The notebook page had a list of payments owed to one of the students for removing explosive powder from fireworks.
Tyler Toro’s diary included the statement “When you find out I threw away all evidence of operation code name flash I could find in your room, I hope this doesn’t turn into a scene from Goodfellas”.
There was a handwritten note inside a backpack belonging to Toro with the message: “Under the full moon the small ones will know terror.” According to the government, the phrase is associated with various conspiracy theories.
Agents also found a jar of improvised napalm on the fire escape, a bag of 38 caliber bullets, and a gas mask.
The brothers were taken to the local police precinct and handed over to the FBI to be charged. They have been detained since that day.
Text messages about weapons and pot
Toro and his brother exchanged text messages about obtaining weapons and gear including crossbows, guns, and police scanners.
Tyler Toro sent a text message to Toro stating that the Las Vegas shooter had a police scanner and they needed to get one. Toro responded by saying “Copy, I see couple on Amazon for 100”.
Tyler Toro sent another text message to Toro stating that he bought two mini crossbows and telling him to practice and that “Headshot close range would be kill shot.”
The brothers also discussed marijuana frequently.
The statutory rape charges
According to state court records, Toro allegedly engaged in sexual intercourse and oral sex with a 15-year-old girl in his apartment on multiple occasions between September 2017 and January 2018.
The age of consent in New York is 17.
The brothers plead guilty
On November 26, 2018, Toro and his brother each pled guilty to one count of conspiracy to manufacture and unlawfully possess a destructive device, one count of unlawfully manufacturing a destructive device, and one count of unlawfully possessing a destructive device.
Christian Toro’s sentencing hearing
Toro smiled warmly at friends and family seated in the public gallery and made a heart with his hands as he was escorted to his seat at the defense table. He was wearing a beige prison outfit with horn-rimmed glasses and a shaved head.
Judge Richard Berman summarized the facts of the case and addressed some key assertions made by the government and the defense in their sentencing submissions.
He previewed his sentence when he remarked that he was struck by the seriousness of Toro’s crimes and the danger they posed the community.
Judge Berman recounted that Toro’s father moved out of the house when he was 8 years old. Both of his parents have a history of alcohol and drug use. Toro’s maternal grandmother suffered from clinical depression.
He noted that Toro has struggled with depression and anxiety since high school and expressed surprise that he never received formal therapeutic treatment.
Judge Berman said that Toro took a turn for the worse after plans to follow his girlfriend to Rhode Island fell through in late 2016. Toro’s mother encouraged him to seek therapy, but instead he self-medicated with drugs and alcohol and delved into conspiracy theories.
Christian Toro’s defense
Toro’s attorney Amy Gallicchio acknowledged that her client’s conduct was serious, but stated emphatically that it was not a terrorist incident.
She noted that investigators did not find any target or connections to hate groups or terrorist organizations.
Gallicchio said that Toro has no history of violence or anti-social behavior.
She claimed that he had no intention of using the explosive device.
Gallicchio argued that Toro should be sentenced to time served and 3 years of supervised release with drug and mental health counseling.
“Christian has always been interested in chemistry, science, and how things work, and, from his father, who was in the National Guard and loved the Fourth of July and fireworks, he and his brother gained an interest in fireworks and weaponry.”
The defense’s sentencing memo
Prosecutor Elizabeth Hanft said this was a frightening case because of the grave danger Toro posed to the community, neighbors, and students.
She pointed out that Toro told his student to call in the bomb threat, and when she texted him that she had done it his response was “LMFAO”. He also instructed her to delete the text message and turn her phone off.
Hanft argued for a sentence above the guidelines range of 37 to 46 months.
Christian Toro addresses the court
Toro said there is no excuse for what he did, and that his actions were shameful and deplorable.
He said that causing fear or harm is antithetical to what he is; a loving person from a loving family.
Toro expressed a desire to repay his debt to society.
He also said he hopes to maintain his sobriety.
The judge renders his sentence
Before announcing his sentence, Judge Berman stated that this was the first time he sentenced a defendant to higher than the guidelines range.
He said that Toro should have been a role model.
Judge Berman emphasized the need to deter others from engaging in unacceptable behavior.
The sentence includes 3 years of supervised release, mandatory mental health and drug treatment, and a special search condition.
The 70 months will run consecutive to any sentence imposed in state court if Toro is convicted of statutory rape.