FOR IMMEDIATE RELEASE
Wednesday, October 10, 2007
WILLIAM POWELL PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on October 10, 2007, before Senior U.S. District Judge Jack D. Shanstrom, WILLIAM POWELL, age 26, pled guilty to possession of an unregistered destructive device not registered in the National Firearms Registration and Transfer Record. Sentencing is set for January 16, 2008.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In early morning hours of April 11, 2006, Montana Department of Criminal Investigation (DCI) agents conducted a monitored and controlled drug buy from POWELL. Following the drug buy, agents stopped POWELL'S vehicle. POWELL was eventually released, but the car was impounded and subsequently searched pursuant to a search warrant.
When the vehicle was searched, agents discovered a pipe bomb (IED) in the center console. The pipe bomb was a destructive device as defined under federal law. At the time of his contact with the agents, POWELL did not inform them of the presence of the destructive device in the vehicle, which was later driven by an agent to the impound yard.
POWELL possesses a federal explosive license, but it does not allow him to make devices of this type, nor has he registered any devices in the National Firearms Registration and Transfer Record (NFA) as required.
On November 27, 2006, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives interviewed POWELL. In the interview, POWELL admitted to manufacturing the pipe bomb about three days before it was discovered in his vehicle. POWELL said the pipe bomb had nothing to do with his fledgling explosives business, for which he obtained the explosives license, but was instead for personal use. POWELL admitted to making multiple destructive devices, with mixed results. POWELL told the agents that one of his previous explosive devices went off in an unintended fashion, injuring himself.
POWELL faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.
The investigation was a cooperative effort between the Montana Department of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
