Appeals Court Vacates Kidnapping Convictions in Case of Boy Found Dead at New Mexico Compound

A federal appeals court has vacated kidnapping convictions for individuals involved in a case where a 3-year-old boy died at a New Mexico compound, overturning a life sentence imposed on the boy's father and other family members.

The U.S. 10th Circuit Court of Appeals determined that there was insufficient evidence to support a federal kidnapping charge when the family initially took the child. The panel stated that no court order or state law made it illegal for Siraj Ibn Wahhaj to take his son. The convictions were based in part on jury instructions that suggested the mother's lack of consent could fulfill the unlawfulness element of the federal kidnapping statute. The appellate panel found this instructional error was not harmless, as the jury could not have found unlawfulness based on the evidence presented if properly instructed.

The court also ruled that the family members cannot be retried on the kidnapping charges. This decision stems from the 2024 sentencing after jurors convicted them in what prosecutors characterized as a "sick end-of-times scheme." The group was found living in New Mexico when a Georgia juvenile court issued a pickup order for the boy following his mother's petition for emergency custody.

In addition to the kidnapping convictions, the appeals panel vacated convictions related to accusations that Wahhaj and his brother-in-law were preparing for attacks against the government. The court noted that these two men, who represented themselves during the trial, were excluded from bench conferences with the judge concerning notes submitted by jurors during deliberations. The court has remanded this portion of the case back to the district court, allowing for new trials if prosecutors choose to pursue these charges.

"What happened at the Taos compound was horrific. We are reviewing the case and assessing what further action may be appropriate," a spokesperson for the U.S. attorney's office for the district of New Mexico stated.

During the original three-week trial in 2023, the defense argued that the case was a product of "government overreach" and that the defendants were targeted due to their Muslim faith.

A fifth defendant, Jany Leveille, a Haitian national, had already pleaded guilty to conspiracy to provide material support to terrorists and illegally possessing a firearm. She received a 15-year prison sentence.

Prosecutors had alleged that Leveille instructed the family to flee Georgia with the boy, leading them to a remote New Mexico desert compound where they conducted firearms and tactical training. These actions were reportedly linked to a belief that the boy would be resurrected and then direct the family in eliminating corrupt government and private institutions.

The investigation began when authorities raided the compound in 2018, discovering 11 children living in squalid conditions. Investigators also found 11 firearms and ammunition on the property, which included a makeshift shooting range near the Colorado state line.

The remains of Abdul-Ghani Wahhaj, Siraj Ibn Wahhaj's son, were found in an underground tunnel at the compound. Testimony indicated the boy died shortly after arriving in New Mexico and his body was kept for months while Leveille claimed he would be resurrected. A definitive cause of death was never established, though it was alleged the boy, who suffered from seizures, had been deprived of necessary medication.