Boston Bomber Aftermath - Tsarnaev Friends Sentenced for Obstructing Justice

Azamat Tazhayakov and Dias Kadyrbayev with Dzhokhar Tsarnaev Photo Source: Court Chatter
Three days after the Boston Marathon bombing, the FBI asked for the public's help in identifying suspects by releasing photos of the pair when they were in the crowd.

 Hours after the photographs were released, three of Tsarnaev's friends were in his dorm room. Azamat Tazhayakov and Dias Kadyrbayev took Tsarnaev's backpack and computer from his room. Then Robel Phillipos lied about being in the room while the other two took those items. Kadybayev also threw away valuable evidence that was in Tsarnaev's backpack

There isn't any evidence that Tsarnaev's friends knew about his plan to attack the marathon, but they did hinder the investigation when the authorities were desperately searching for the brothers.

 In memos filed by the court, it was said that the friends could have helped find the Tsarnaev brothers sooner, which could have lessened additional loss including the death of Officer Sean Collier and the older Tsarnaev brother, Tamerlan.

Kadyrbayev and Tashayakov  were convicted of obstructing the bombing investigation by removing items. Phillipos was convicted of lying to the FBI. Kadybayev was sentenced to six years in prison and three years of supervised release for obstruction. The time he has served will count towards his sentencing, and he will be released in 2019. Tazhayakov was sentenced to three and a half years in prison for obstruction of justice and conspiracy to removing the backpack and laptop from the dorm room. Assistant United States Attorney, John Capin, said that Tazhayakov was given credit for working with authorities, and that he did not physically remove the backpack or throw it away, that is what Kadyrbayev did. Phillipos was sentenced to three years in prison and a $25,000 fine. 

 The formal sentencing hearing for Tsarnaev regarding his death penalty conviction on May 15 will be held on June 24 at 9:30 AM in Boston.
Photo Source: Jane Flavell Collins via AP, File

Comments from Allen:
These three young men had no part in planning the bombing.  Their loyalty to a friend and fellow countryman was a lapse of judgment on one day when they tried to protect their friend.  Unfortunately for them, their actions probably contributed to two deaths, and they endangered countless others.  

 They could have been prosecuted in either state court or federal court.  I can tell you from experience that a federal prosecution for a charge like this carries a likelihood of sentencing far beyond what would be expected in state court.  Federal judges follow a very detailed "Federal Sentencing Guideline Handbook" when meeting out punishment.  Technically, they are not bound to follow those guidelines, but in practice, they all do.  The prosecutor and the defense counsel each submit a sentencing brief, in which they argue how the defendant should be sentenced.  There is generally little room for variance from what is set forth in the guidelines, but that does not stop the defense from trying, nor should it.  I find the guidelines generally oppressive and unfair. In a federal prosecution, it is the job of defense counsel to demonstrate to the court those instances in which the guidelines are too harsh.  

So far, one of the Defendants has been sentenced to six years, and the prosecution is asking for seven years in prison for Kadybayev and three and a half for Tazhayakov for impeding the investigation into the attack at a time when authorities were searching for the bomber.  The question arises, why seven years for one Defendant and 4 years for the other? The answer would appear in the sentencing memos filed by the prosecutors. Most likely, that has to do with either: the degree to which the defendant interfered with investigators, the criminal history of the defendant, or the degree of cooperation given by the defendant after being caught.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.


Sources for more information:

 http://boston.cbslocal.com/2015/06/01/boston-marathon-bombers-college-friends-face-sentencing/

http://www.courtchatter.com/#!Boston-Marathon-bombers-college-friends-face-sentencing/c1oiw/556ccbd10cf2e4994fa62d7f

http://www.courtchatter.com/#!Dias-Kadyrbayev-Friend-to-Boston-Bomber-Sentenced-to-Six-Years-in-Prison-for-Obstruction/c1oiw/556dd5e80cf24a198376c317

 http://www.courtchatter.com/#!Friend-of-Boston-Marathon-bomber-gets-3-12-years-in-prison/c1oiw/5571db3f0cf2df2eae351ac8

http://www.foxnews.com/us/2015/06/01/boston-marathon-bomber-college-friends-face-sentencing-for-obstructing/

http://www.wsj.com/articles/tsarnaev-friend-sentenced-to-six-years-for-hindering-boston-marathon-bombing-probe-1433258601


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