GRAND RAPIDS — “Big Dan,” the post office contractor whose testimony was heavily scrutinized in the first trial of a group of men charged with conspiring to kidnap the governor, returned to the witness stand Monday as prosecutors continue to make their case against the two defendants standing trial for a second time.
Dan, a confidential source who tipped the FBI to the alleged conspiracy, told U.S. Assistant Attorney Nils Kessler that it was Adam Fox, not himself, who was the driving force behind the group’s meetings, training events and “recon” trips to Elk Rapids, where Fox, Dan and another individual drove past and took video of Gov. Gretchen Whitmer’s vacation home.
Dan, 35, a former U.S. Army veteran who served in Iraq, told jurors how he joined the militia, then began to fear they were going to kill cops, told a cop friend about it and begrudgingly agreed to go undercover for the FBI.
‘They were training to target law enforcement’
He said he initially feared going undercover due to safety concerns for his young daughter, but did it anyway because he feared for the lives of police officers, saying the militia members were looking for the addresses of various cops.
“They were training to target law enforcement to kill them,” Dan testified. “I had no idea what these individuals were capable of.”
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Dan was paid for his six months of undercover work, but he said the majority of the money was reimbursement for expenses he incurred while undercover.
He testified that he eventually moved after a militia member learned where he lived. He stayed in a hotel briefly — which the FBI paid for — and then bought a new house, which he said the FBI did not pay for.
“Did you do this for the money?” Kessler asked him.
“No,” Dan answered, noting he had to play along with the group and pretend to be a domestic terrorist.
Kessler asked Dan about a smartwatch the FBI paid for — Dan said it allowed him to broadcast emergency signals to his handler agents if he ever felt in danger. He noted it was particularly useful in situations where “OpSec,” or operational security, was enforced and cellphones were not allowed. Dan said this took place during a meeting in the “Vac Shack,” a Grand Rapids vacuum store where Fox lived in the basement.
Adam Fox was the leader, informant testifies
Dan testified that Fox and Barry Croft Jr. both talked about plans to kidnap the governor in his presence, how they would use explosives to blow up a bridge to slow down law enforcement, and how they could approach Whitmer’s vacation house.
To corroborate his testimony, the prosecution played secretly recorded conversations of Fox and Croft making comments like let’s “grab that f—— governor” and “you don’t even have to convince me.”
“Did you ever consider yourself the leader of this group?” the prosecutor asked.
“No,” Dan answered.
“Who was the leader?” the prosecutor continued.
“Adam Fox,” Dan answered.
Fox and Croft are on trial in federal court in Grand Rapids facing charges related to kidnapping conspiracy and weapons of mass destruction, and face up to life in prison if convicted. A jury could not reach a verdict on their charges in the first trial, which saw two defendants acquitted after two other men pleaded guilty before standing trial. Others face charges in state court.
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Kessler pressed Dan on a map drawn by Fox after the pair and one other individual, nicknamed “Barricade,” drove by the governor’s vacation home in Dan’s truck.
In opening arguments, defense lawyers noted that the pen and paper used to draw the map were given to Fox by Dan, but the informant said the map idea belonged to Fox.
“He wanted to have a map to represent the area, ingress and egress locations, vantage points,” Dan testified. He said the group was able to find the home after Fox found the address, and he had no prior knowledge of its location until Fox led him there.
The map shows several crudely drawn locations, including the vacation home, a bridge, and an Elk Rapids Police Department precinct. Dan said it was Fox’s idea to mark the precinct to estimate the police response time to the vacation home.
“Did you give them that idea?” Kessler asked.
“No,” Dan said.
‘You’re not supposed to be in charge’
In the first trial, defense attorneys spent days cross-examining Dan, arguing his role in the group was inducing the men toward a kidnapping plot. He is a key figure in the entrapment defense, the defense argument being that the men charged were just tough talkers who would have never actually targeted Whitmer if not for meddling from undercover FBI agents and informants.
Christopher Gibbons, Fox’s attorney, continued to press Dan Monday, noting his consistent contact with Fox at the behest of the FBI. Dan testified he had almost daily contact with Fox, either over the phone or through encrypted messaging apps.
Gibbons recalled a June 14, 2020, phone call between Dan and Fox, when Dan recommended the use of Wire, an encrypted messaging app. Gibbons argued Dan was talking to Fox so often that it even became a source of irritation for Fox’s then-girlfriend.
Dan also testified that he had to make sacrifices to attend meetings with Fox and other militia events. Jurors were shown messages between Dan and FBI Special Agent Jayson Chambers, where Dan said he was willing to take time off from his job to do undercover work.
Chambers praised Dan, at one point texting him “you are the man.”
“You’re very eager to please,” Gibbons said.
“I was willing to maintain my role in the group, yes,” Dan replied.
Dan’s first contact with Fox was after he agreed to do undercover work monitoring the militia, the Wolverine Watchmen. Among the militia, Gibbons noted Dan was respected and was voted “XO,” or executive officer, second-in-command in the group.
“You do understand that as the informant, you’re not supposed to be in charge, true?” Gibbons asked.
“True,” Dan said.
The trial will resume Tuesday morning with Gibbons’ continued cross-examination of Dan.
Fox, of Potterville, and Barry Croft, of Bear, Delaware, were initially tried along with Daniel Harris and Brandon Caserta, but a jury was unable to deliver a verdict for them after finding Harris and Caserta not guilty. Two others, Ty Garbin and Kaleb Franks previously plead guilty for their roles in the conspiracy. Garbin and Franks are expected to testify in the retrial, as they did in the first.
Reporter Tresa Baldas contributed to this article.
Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.
