According to this Dakota County Criminal Complaint, a group of teenagers set off “explosive devices” in violation of Minnesota Statute 609.668 EXPLOSIVE AND INCENDIARY DEVICES, a felony which carries a penalty of 0-10 Years and/or $6,000.00 – $20,000.00 in fines. A quick Google search for similar devices shows what some may consider fairly harmless explosions no worse than your typical Wisconsin-purchased fireworks and another search of Dakota County Criminal Complaints shows only three people charged (two in one single incident) with either explosives or fireworks in the last 4+ years.
From the complaint:
On March 23, 2012 at approximately 10:00 p.m., an officer with the Lakeville Police Department was dispatched to the area of Grinnell Avenue and Grove Trail located in the City of Lakeville, County of Dakota, State of Minnesota on the report of a loud explosion.
Upon arrival, the officer located a melted plastic bottle containing tin foil and a liquid chemical in the front yard of a home located on the 16000 block of Grinnell Avenue. The officer was not able to locate any suspects at the scene. Lakeville officers subsequently learned that a second explosive device had been detonated at a home located on the 16000 block of Griffon Lane also located in the City of Lakeville.
On March 23, 2012 at approximately 10:30 p.m., an officer with the Apple Valley Police Department was dispatched to the 1000 block of Whitney Drive located in the City of Apple Valley, County of Dakota, State of Minnesota on the report that two bombs had been detonated in the complainant’s front yard.
[...]
Johnson reported that he had purchased bathroom cleaner earlier that evening for the purpose of making explosive devices. Johnson reported that each of the individuals had purchased a different component needed to make the explosive devices. Johnson reported that he’d been the driver that evening and that he’d thrown an explosive device at one house. Johnson provided the officer with the remaining supplies which included six bottles of tonic water and two rolls of tin foil.
A.M. reported that he’d purchased twelve two liter bottles of tonic water used to make the explosive devices. A.M. admitted to throwing “more than five” of the explosive devices at three homes. A.M. reported that they’d chosen one home in Apple Valley and two homes in Lakeville because they were the homes of their friends or acquaintances. A.M. reported that they’d detonated one explosive device away from any homes as a test before going to any of the homes.
[...]
T.A. reported that they’d gone to three or four homes and that he’d thrown two of the explosive devices. T.A. reported that they “did it as a joke” and were “just goofing around”.
Curious as to what sort of bomb could be made from the ingredients listed in the complaint, I did a quick Google search for bathroom cleaner tin foil and watched a few of the videos, one of which I chose to share above.
As you can see from the video the explosion is similar to that of fairly tame fireworks legal in other surrounding states but far too dangerous for residents of the Nanny State. Considering I have an archive of Dakota County Criminal Complaints going back several years I figured I would be able to locate at least several other similar violations for fireworks and other explosive device violations, especially being that around New Years and Independence Day there are any number of people setting off explosions of a similar caliber all over the South Metro. What I found may surprise you however:
In a search of Dakota County Criminal Complaints going back as far as late 2007, there have been only three explosive and/or fireworks violations which have reached the criminal complaint level. The first, back in November of 2007 dealt with a self-inflicted injury caused by attempts to fill a C02 cartridges with gunpowder to create IEDs. The other two (here and here) were from a single related incident where a motorist was stopped and charged with drug and fireworks possession.
While I certainly don’t appreciate, nor condone, the use of exploding devices (including fireworks) even as “goofing around”, I have a hard time understanding why this 18 year old would be charged with a felony carrying such hefty fines and possible jail time when so many others regularly set off illegal fireworks and get off without as much as a visit from the police.
After watching the video above, and several of the others the Google search returns, and comparing to explosions created by legally obtained fireworks in neighboring states illegally detonated in Minnesota, do you think that this individual (just over a month after his 18th birthday) should be charged with a felony when so many others do much the same thing repeatedly at various other times of the year and receive no penalty for their actions? Whatever you have to say about this one go ahead and comment on as I’d love to hear your thoughts.
Dakota Complaints Map
Dakota Inmate Dashboard
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July 19th, 2012 at 7:39 am
Should the guy be charged with a felony?… probably not. I predict the charges will be lowered to non-felony status. The disturbing part, though, is directing the “explosion” toward others by throwing them into a yard. That’s not cool. Fireworks, on the other hand, is usually not directed at others. If it is then yes, charge that moron with some offense too.
But what kid, during their misspent youth, hasn’t thrown a firecracker in the direction of a buddy during horseplay? …and we had cherry bombs and M80s!
July 19th, 2012 at 8:57 am
MPR’s News Cut by Bob Collins linked to this story. It’s under Bonus 1.
Unrelated to topic at hand. Do not watch the video at News Cut titled Related: Still the best Olympic parent moment ever, from the 1992 games in Barcelona without kleenex in hand.
July 19th, 2012 at 9:05 am
Felony? No way. Don’t ruin this kid’s life forever because of this.
Most laws, aside from the big ones (murder, rape, etc) are not enforced consistently. Minneapolis police will look the other way on minor drug charges and pretty much don’t enforce traffic laws. A hazing in one community is assault and in another it is kids being kids. We all know people who have been let off on traffic violations. That’s how it works, unfortunately, so you either need follow the law or hope you don’t get caught/charged. The kids got caught and charged.
July 19th, 2012 at 10:40 am
I’m guessing they went with a felony charge so they can boost their chances of getting a plea agreement on a misdemeanor instead and avoid court. I hate this tactic but prosecutors use it all the time and unfortunately it works. It’s ridiculous.
July 19th, 2012 at 10:45 am
Wow, they go after a kid for that? People in my neighborhood were setting off professional grade fireworks (mortars and all with electronic triggers). I’m pretty sure nothing happened to them.
July 19th, 2012 at 11:06 am
I agree with Joey on the reasoning for the felony status of the charge, but another part of me says “You’re throwing a home-made bomb at someone’s house”.
After watching that video, the bomb is a more powerful than a cherry or m80. and it has shrapnel. Which is why fireworks really only hurt you if they explode while you’re holding them or they’re right next to you, they don’t have shrapnel that’s anything more than shredded paper.
Do I think the kid’s life needs to be ruined with a felony? No… should he have the shit scared out of him through the legal process and maybe spend a little time in jail… yeah.
July 19th, 2012 at 11:09 am
This story reminds me of the two kids that were making phony parking passes at Henry Sibley High School. They got charged with felonies too. Seems like the county attorney has too little to do.
BTW, a Mentos/Coke explosive device gets charged as a gross misdemeanor.
July 19th, 2012 at 12:04 pm
It would appear to me that the reason for the felony charge is intent.
They were driving around throwing bombs at houses…………………
Regardless of the size, and we dont know the size, as what is in the video may not be representative of what they were throwing, its dangerous to throw explosives at a house.
I am fairly sure if you drive around with fireworks bought in wisconsin and start firing them at someones house, you are going to get in trouble as well.
That said, as noted above, I am sure they will plea down to a non felony, which is likely working as intended.
July 19th, 2012 at 12:11 pm
Chad,
1. We know the size. They’re two liter soda bottles, as shown above (and in many of the example videos on YouTube).
2. I agree that throwing them at houses would seem a bit much, but in this case I think “throwing them at houses” really means throwing them out of a car onto a yard of friends or people they otherwise knew. That’s not quite the same as, what I believe you may be thinking, throwing them at an open garage or window in an attempt to get them into the home of a random person.
July 19th, 2012 at 12:13 pm
Backstrom doesn’t plead and doesn’t let assistant county attorneys plead to lower charges. All have to go through him and clogs the the court system. If they are charged in Dakota County with a felony – that’s what the prosecutor will go for. Backstrom is a politician first and looking at press at how to spin his “numbers.” Interesting though – the Supreme Court just looked at new evidence that juveniles brains – the part that deals with reasoning – isn’t fully developed until age 25.
July 19th, 2012 at 12:35 pm
This explains why the minimum age to serve in Congress is 25. Unfortunately, it doesn’t help explain Congress.
July 19th, 2012 at 1:54 pm
These kids made a stupid-kid mistake. We all did something stupid as kids. Sure, they should get into some trouble, but a FELONY? In my mind, felonies are for rape, murder, arson, etc. These kids very likely have no criminal record.
Is Dakota County safer with these kids being charged at that level? Now they get to start off their adult life with a felony charge. Every application they fill out for the rest of their lives that asks, “have you ever been charged with a felony?” will likely result in a rejection letter.
C’mon let’s not forget we all made mistakes as kids and lighten up little.
July 19th, 2012 at 3:12 pm
Joey’s on fire.
July 19th, 2012 at 3:22 pm
He got hit by one of these bombs?!
July 19th, 2012 at 4:24 pm
From comment #10, I read ” Interesting though – the Supreme Court just looked at new evidence that juveniles brains – the part that deals with reasoning – isn’t fully developed until age 25.”
Courts are not very well equipped at settling scientific disputes, which is one reason why making everything into a legal case is a problem.
As for brain development, I suggest you read “Escaping the Endless Adolescence,” by two psychologists/sociologists (I forget which). They argue that the problem is not biology, but the fact that we treat young adults as children for far too long.
http://www.amazon.com/Escaping-Endless-Adolescence-Teenagers-Before/dp/0345507894
July 19th, 2012 at 4:28 pm
The explosions were loud enought that it appears people were calling and reporting them to 911.
I agree that the kids should not be charged with a felony, and that we all did stupid things as kids,
It is pretty clear though that they new they were doing something stupid (they split up the purchases for a reason) and that the explosions they were causing were sufficient to cause multiple people to report them to police as bomb explosions. It also indicates they were throwing the bombs at houses. Not in yards. At houses. Anyway, hopefully this stupid prank does not ruin the rest of their lives.
July 20th, 2012 at 9:18 pm
Stupid kids…really stupid. The sad thing is that the kid or kids will probably still end up with something on their record, if not a felony.
July 21st, 2012 at 12:32 am
Yes. Yes they should be charged with something. Something for teenagers (dumb asses) that instills a sense of of punishment as well as perhaps a fine to motivate their parents.
I don’t know the details but I balk at the idea of a felony. I just do. Maybe that’s the right charge but I hope not. What I hope is that these idiots learn a life lesson about how stupid they are. Considering they are kids, I think a couple hundred hours of community service effectively ruins their social lives as well as reminds them that the screwed up BIG TIME.
That and a stayed sentence of a stiffer penalty. That gets the parents’ attention that if their kids remain total idiots they don’t get a second chance to learn how to behave.
July 21st, 2012 at 7:27 am
There’s at least a chance the kids will get diversion, meaning there’s no conviction at all unless they screw up.
July 23rd, 2012 at 9:04 pm
As part of this incident we did I just wanted to say it is a very stupid thing to do and boy did it take a toll on my future.
July 24th, 2012 at 8:06 am
And A.M., I am sure your attorney just LOVES the fact that you are posting additional confessions all over the interwebz.
July 26th, 2012 at 9:00 am
My legal matters have been finished
July 26th, 2012 at 9:23 am
A.M. I hope your educational opportunities have not been finished.
August 4th, 2012 at 1:31 pm
Chad. My 16 year old son was charged with felony “weapon of mass destruction” for setting off a works bomb in an open field. There was no intent on his part (thats why the open field, to avoid damaging anything) and no damage was done. Instead of many misdemeanor charges the cop could have come up with (trespassing, disturbing the peace, littering, etc) he charged him with a felony possession of a wmd.
My son has NEVER been in any trouble with the law and this charge is ridiculous. People can assault, steal, deal drugs and many other things which I consider “worse” than what my son did and they don’t get charged with a felony.
My son did community service hours (which I would have wanted him to do regardless of the level of the charge) and the charge was dropped. Even so,
he has the charge on his record unless (until) we go through the expensive (was quoted $1200) process of expungement.
So, INTENT evidently has nothing to do with what is charged contrary to common sense and even the wording of the statute. Once the charge is made, the damage is done regardless of getting a dismissal.