Man faces trial over grenades, guns
A Las Vegas photographer accused of traveling through Oklahoma with hand grenades, explosive powders and loaded guns was ordered Wednesday to trial.
Scott Michael Boden, dressed in an orange uniform and shackles, appeared in Oklahoma County District Court Wednesday for a preliminary hearing in his felony case. Boden, 42, will now face trial on five counts of manufacturing or possessing an explosive device and four counts of possession of an offensive weapon while committing a felony.
Oklahoma City police arrested Boden May 26 after discovering the item in his recreational vehicle during a traffic stop on Interstate 40near S Pennsylvania Avenue, according to investigators. Boden told police he was traveling to Ohio to help a friend sell fireworks, investigators reported.
At the preliminary hearing, Special Judge Lisa Hammond found enough evidence to send the case to trial. Boden has pleaded not guilty.
Defense attorney Don Jackson contended there is no evidence Boden planned to sell or manufacture explosives in Oklahoma County. The attorney also contended Boden should have been charged with misdemeanor offenses related to possessing explosives without a permit.
During the hearing, investigators testified about Boden having a least five empty "grenade hulls," a homemade explosive powder mixture and live fuses — the components needed to make an explosive device. Prosecutors allege Boden was in possession of "complete grenade components."
The defense attorney, though, argued Boden was in possession of items that could only be explosive if combined.
"That's it," the defense attorney said. Assistant District Attorney Dan Pond told the judge, "This is a clear case of manufacturing." The prosecutor said that manufacturing is an ongoing act that encompasses all steps until completion.
"He has gone that step further and mixed those chemicals," Pond said.
The judge found the intent of Boden was to transport the explosive devices.
"Simply separating them at the time doesn't get him around this statute," the judge said.
A bomb expert with the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives testified it would only take a "matter of seconds" to combine those elements to make an operational explosive.
Boden said he received the grenade bodies from a militia member in Michigan about eight years ago, investigators reported.
"Play with explosives"
During the hearing, an ATF special agent testified for prosecutors about searching Boden's cellphone. The agent, Brenden Taylor, told the judge about messages sent from Boden's cellphone.
"LOL. I'm actually going to Ohio to play with explosives," the agent read, noting Boden sent the message on a dating site sometime before his arrest.
The agent testified about messages sent by Boden on Facebook, as well.
"I miss explosives," Boden wrote, according to the agent.
Boden sent multiple messages referencing his "fireworks business" and going to Ohio to make fireworks and money, the agent testified.
The agent also noted a memory card from Boden's camera had photos of an explosives manual. Other testimony revealed Boden
claimed he used the grenades as props during photo shoots.
Boden was initially pulled over by Oklahoma City police after an improper lane change. He was driving an RV with a Nevada license plate, police reported.
During the traffic stop, an officer became suspicious of Boden, who ultimately consented to a vehicle search, police reported. Officers found ammunition boxes containing the grenade bodies and explosive powders, according to police.
An unloaded assault rifle and three loaded pistols also were discovered, police reported.
Boden has been in jail since his arrest. He is being held on $500,000 bail.
Prosecutors had asked a judge for a high bond amount because of concern Boden may have planned to carry out a violent act. In July, ajudge denied Boden's request to reduce bond.
During Wednesday's hearing, prosecutors told the judge about already offering Boden a plea deal — five years in prison followed by five years probation. Boden rejected the offer, according to his defense attorney.
The maximum punishment for each explosive device offense is 10 years in prison, according to prosecutors.