Federal investigators say they’ve identified no connection to terrorism in deadly Rochester crash

WHAM, COURTESY: HARLEM KOYVAL, COURTESY: LORNE M., CNN

By Sabrina Souza, Nouran Salahieh, Brynn Gingras and Celina Tebor, CNN

(CNN) — Authorities found no evidence of a connection to domestic terrorism in a deadly car crash outside a New Year’s concert in Rochester, New York, which killed two people and injured nine, officials said Tuesday.

The suspect, whom officials identified as 35-year-old Michael Avery from Syracuse, died, law enforcement sources said.

Officials by Tuesday morning had found no evidence that Avery acted on “political or social biases” in the incident, in which two vehicles – one laden with gas canisters – crashed before plowing into the crowd outside the concert at Rochester’s Kodak Center, Rochester Police Chief David M. Smith said.

“So far we’ve uncovered no evidence of an ideology and no nexus to terrorism, either international or domestic,” FBI agent Jeremy Bell said at a news conference Tuesday.

Still, domestic terrorism is still being looked at as a possible motive in the case, law enforcement sources told CNN.

The FBI defines domestic terrorism as involving acts dangerous to human life that are a violation of US or state laws, appearing to be intended to intimidate or coerce civilians, influence the policy of government by intimidation or coercion, or affect the conduct of government by mass destruction, assassination or kidnapping.

Live updates: The latest on the deadly Rochester crash

Revelers were walking on a crosswalk outside the venue after midnight Monday when Avery, driving a rented Ford SUV, slammed into a rideshare Mitsubishi Outlander that was leaving a parking lot with two passengers in the back seat, Smith said.

The force of the crash sent the vehicles through a group of pedestrians on the crosswalk, Smith said.

The two passengers in the Mitsubishi were killed and the driver was taken to a hospital with non-life-threatening injuries. Nine pedestrians were injured in the crash, Smith said Tuesday.

The two victims in the Mitsubishi were identified by police on Tuesday as Justina Hughes, 28, of Geneva, New York, and Joshua Orr, 29, of Webster, New York.

Hughes was described by family as a “beautiful free spirit” who cared deeply for her friends and family. She was known to take “every opportunity to hike a new trail and find a new waterfall. And oh how she loved music,” a statement from Hughes’ family said.

“It was the passion that gave her the most joy. We take peace in knowing that Justina and her very best friend, Josh, spent their last moments together, enjoying their passion and friendship,” the Hughes family said.

“We also take comfort in knowing that many other lives were saved because they became, albeit unaware, a shield for others. And because of that, they will forever be heroes. We ask that you take a moment to reflect on the young lives that were taken away from their families and friends.”

Orr’s family described him as “a beautiful, generous human, filled with love and positivity and an advocate for those struggling with mental health,” according to a statement. They said Orr loved his family, his girlfriend and his dog, Eddie.

“On New Year’s Eve Josh was doing his favorite thing in the world, attending a Grateful Dead tribute band when he was taken from us. Josh is a hero and saved countless lives from being taken away from our community,” the statement said.

Avery’s family has been interviewed by investigators. The suspect’s family believes he was bipolar, though he had not been diagnosed, authorities say.

Smith said the suspect had no previous contact with law enforcement.

A source familiar with the investigation previously told CNN the suspect had left a suicide note and journal in his hotel room, though officials later said no suicide note or journal was found in their search of the room.

President Joe Biden was briefed on the crash, a White House official said.

Timeline of suspect’s actions

Avery traveled to Rochester in his personal vehicle around December 27 and checked into the WoodSpring Suites hotel, authorities say.

He rented a Ford Expedition from a rental agency at the Rochester airport during the afternoon of December 29, Smith said at Tuesday’s news conference.

The next day, Avery made at least six purchases of gasoline and gas containers between 9 a.m. and 6 p.m.

Around 12:52 a.m. on New Year’s Day, Smith said, Avery was driving near the theater in the rented Ford SUV.

“At this time Avery sped up, crossed into the oncoming lane of traffic and appears to have intentionally been driving towards the pedestrian crossing,” Smith said.

At least a dozen gasoline canisters found

The crash ignited a fire that took firefighters nearly an hour to extinguish, the chief said.

Once the flames were out, first responders found “at least a dozen gasoline canisters in and around the striking vehicle,” the chief said.

“Based on the danger level associated with these, the Rochester police department bomb squad and the joint arson task force responded to the scene,” Smith added.

The FBI said its Buffalo office is assisting Rochester police in the investigation.

Images from CNN affiliate WHAM show a heavily damaged and burned black SUV stopped head-on in front of another vehicle in the aftermath of the crash, with charred red canisters and debris littering the roadway.

Rochester Mayor Malik Evans urged anyone with information about the incident to reach out to authorities.

“I have been getting inundated with questions as to why this individual would choose … Rochester, New York. Why he would choose to do this on New Year’s Day, and why he would appear to target concert goers trying to have a great time to bring in the new year … Those are all questions that have been raised that we just don’t have answers to yet,” Evans said Tuesday.

Evans offered his condolences to the families of those who died and asked the community to pray for those families and those who were injured.

The rock band performing at the venue before the crash, moe., posted a statement on Facebook, expressing their “profound shock and sadness” over the incident.

“On a night that was meant for celebration and togetherness, we are faced instead with a tragedy that defies understanding,” the band said. “Our hearts go out to the family and friends of those who lost their lives, and our thoughts are with those who were injured.”

CNN reached out to the Rochester Police Department, the Rochester Fire Department, the Kodak Center and the FBI for further comment.

This is a developing story and will be updated.

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CNN’s Taso Stefanidis, Nic F. Anderson and Lauren Mascarenhas contributed to this report.