Man explains explosives for fireworks, not bombs

MANSFIELD — Benjamin Brubach says his fireworks days are behind him.

Brubach, 44, of Shelby, was sentenced Wednesday to five years of probation for violation of firework manufacturer prohibitions, a thirddegree felony punishable by up to three years in prison.

Law enforcement recovered 215 explosive devices and bomb-making materials from his residence west of Shelby on March 11.

After attorneys on both sides agreed Brubach was trying to make fireworks, not bombs, he pleaded guilty last month to a violation of firework manufacturer prohibitions.

The more serious charge, illegally manufacturing or possessing explosives, was dismissed. A seconddegree felony, that charge carries a presumption of prison time.

“We could be having a very different conversation if these were bombs,” said Brent Robinson, Richland County Common Pleas Court judge. “He would be looking at prison, probably a long, long time in prison.”

At Brubach’s change-of-plea hearing, Robinson told the defendant he would likely receive probation if he stayed out of trouble while out on bond.

The judge said Brubach has been in compliance with the terms of his supervision, has held a job, has paid $600 in supervision fees and has had no “dirty” drug tests.

Defense attorney James Mayer III said he had been recommending probation from the beginning of the case.

“I can’t think of what more he could do to show he is ready for an opportunity,” Mayer said. “I feel strongly he’s going to do a fine job on probation.”

Mayer said Brubach’s employer allowed him to return to his job despite his lengthy stint in the county jail.

“That’s something that speaks to his place in the community,” the defense attorney said.

Robinson asked Brubach why he had the explosive materials.

“Just got bored, your honor,” he replied.

Assistant Prosecutor Olivia Boyer didn’t buy Brubach’s explanation.

“We’re not talking about firecrackers,” she said. “We’re talking about a significant operation. He had one of the most organized minifactories in his basement.

“It was not boredom. I firmly believe he was selling them.”

Boyer said some of the materials had “made in Italy” stickers on them.

“He knew it was wrong manufacture these items,” she said.

A person needs a license to make fireworks.

The case started when the Bureau of Alcohol, Tobacco and Firearms, as well as the FBI, found out about Brubach buying bomb-making materials.

Robinson called the materials “powerful fireworks.”

After Robinson accepted Brubach’s guilty plea last month, he amended the defendant’s bond to a personal recognizance bond. He was on electronic monitoring.

The judge noted Brubach had already spent a “lengthy amount of time” in jail and was deemed a low risk to reoffend.

The judge also ordered Brubach to obtain his GED. to