A Bronx man who stockpiled bomb-making materials in his bedroom was sentenced to 3 years in prison on Wednesday.
Tyler Toro, 28, lived with his twin brother Christian Toro in their mother’s apartment in the Bronx.
Christian Toro attracted the attention of authorities when he resigned after a student was arrested for calling a bomb threat in to the school where he worked as a teacher. In January 2018, he was arrested after police learned that he was engaged in a sexual relationship with the student, and he had encouraged her to call in the bomb threat. School authorities also found a bomb-making manual on his laptop, and investigators learned that he had paid students to remove explosive powder from fireworks.
The search of the Torosʼ apartment
In February 2018, law enforcement agents executed a search warrant at the Toros’ apartment. They 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 government’s sentencing submission states that “the apartment contained several notebooks full of handwritten pages concerning the device and apparent plans relating to it”. It also states that the Probation Department noted that the brothers “may have had some larger plan in mind for the use of the improvised explosive device”.
Agents also found a jar of improvised napalm on the fire escape.
Toro’s diary, found on a table in the kitchen, included the following statements:
“We are twin Toros strike us now, we will return with nano thermite”.
“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”.
“If you’re registered as a sex offender, things will be difficult. But I am here 100%, living, buying weapons. Whatever we need.”
Agents found a handwritten note inside a backpack belonging to Christian 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.
The brothers have been detained since the day of the search.
Searches of their digital devices revealed that Toro and his brother exchanged text messages about weapons and training. Toro sent a text message to his brother stating that the Las Vegas shooter had a police scanner and they needed to get one. He also sent a text message stating that he bought two mini crossbows and that “headshot close range would be kill shot”. The brothers discussed marijuana frequently.
The Toro brothers plead guilty
In November 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.
Tyler Toroʼs sentencing hearing
Toro smiled and waved to friends and family seated in the public gallery as he was escorted into the courtroom. He was wearing a dark blue prison uniform with old fashioned eyeglasses and a shaved head.
Judge Richard Berman recounted the facts of the case and noted that Toro committed a very serious offense. He added that Toro may have been influenced by his brother.
Judge Berman went on to describe Toro’s history and characteristics.
Toro’s father moved out of the house when he was 8 years old. Both of his parents struggled with alcoholism and his father also had a substance abuse problem. Toro’s maternal grandmother suffered from clinical depression.
Toro attended DeWitt Clinton High School and has a bachelor’s degree in economics from Stony Brook University. He was employed as a manager of a Shake Shack until he was fired one month before his arrest. Toro has played video games professionally. He is also a talented pianist, chef, and artist.
According to the defense’s sentencing submission, Toro and his brother planned to move to Florida in October 2017 to operate a food truck in Miami. Toro has smoked marijuana daily since 2016.
Tyler Toroʼs defense
Toro’s attorney, Bryan Konoski, pointed out that his client has no criminal history. He stated that Toro was acting under his brother’s direction. Konoski said that Toro is very remorseful. He asked for a sentence of time served.
Tyler Toro addresses the court
Toro thanked his family and loved ones. He admitted that he had put the community in jeopardy and apologized for his actions. Toro said he has hope for the future.
“I don’t condone violence to others.”
-Tyler Toro
Prosecutor Elizabeth Hanft said that Toro manufactured and possessed an IED and he may have possessed other items. She said that the government does not know what Toro’s intentions were, but it looked like early stage planning for an attack. Hanft went on to say that “even if they built the device for sport, they broke the law and endangered the community”.
She asked for a sentence of 30 to 37 months.
The judge renders his sentence
Judge Berman explained the he imposed a sentence at the high end of the guidelines range due to the seriousness of the crimes, the need for punishment and deterrence, and to protect the public from further crimes. The sentence includes 3 years of supervised release, mandatory mental health and substance abuse treatment, and a special search condition.
Christian Toro was sentenced to 6 years in prison on May 22, 2019.