"Due to the discovery of the target list, as well as other information we have encountered in this investigation, the FBI has opened a full domestic terrorism investigation into this mass shooting", Bennett told reporters.
Jose Pinon, 40, of Gilroy posted on Facebook last week that "my goal is to kill 500, not three" - apparently in reference to the July 28 shooting at the Northern California food fair, where three people, including two children, were killed and 13 others injured. Legan turned the gun on himself.
The domestic terrorism investigation was opened after FBI officials uncovered digital evidence indicating the suspected shooter, Santino Legan, 19, was influenced by "violent ideologies" and acted upon them.
Bennett told KQED, San Francisco's public radio station, that the Federal Bureau of Investigation is subpoenaing Facebook for information about an Instagram account that is potentially linked to the shooter and that contains a reference to white nationalist literature. The FBI has not said if it is considering the OH case to be domestic terrorism, even though the shooter expressed a desire to commit a mass shooting. Twelve others were wounded at the popular Gilroy Garlic Festival some 80 miles southeast of San Francisco.
Bennett added that items seized from Legan's home in Nevada ran the ideological gamut.
Legan, who was wearing a bullet-proof vest during the assault, fired 39 rounds, Smithee said; the three responding officers fired 18 rounds, hitting the shooter multiple times. The weapon looks like a military-style AK-47.
"To the families of Stephen Romero, Keyla Salazar, Trevor Irby, and to the injured that survived this tragedy, we can not begin to describe our despair at his actions", the statement continues.
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They said in a statement Tuesday that they would never condone the "hateful thoughts and ideologies" that led to the incident, and it is "impossible to reconcile this with the son we thought we knew".
Three police officers engaged the suspect immediately and were able to injure him. Also found, in a bag that Legan left near a creek adjacent to the Garlic Festival boundary, two more 40-round magazines for the rifle, a scope, flashlight and shovel.
In his vehicle was a Remington 870 shotgun and a bag found in nearby creek contained two 40-round magazines, some loose rounds for both guns, a flashlight, a rifle scope and a shovel.
In order to initiate a federal terrorism investigation, authorities must have reason to believe that a suspect's act of violence was "motivated by their ideology", Bennett said.
Opening a domestic terrorism investigation adds the Garlic Festival case to the FBI's "portfolio", allowing agents to take out subpoenas and search warrants for further investigation. Some of them hit the gunman, although the Santa Clara County coroner ruled the gunman died from a self-inflicted gunshot wound.
Keyla Salazar (left), 13, was shot dead during the shooting after she stayed to help an elderly relative.
The domestic terrorism investigation comes after renewed calls from Congress and the FBI Agents Association - which represents almost 14,000 active and former FBI agents - to look at cases from a domestic terrorism perspective.