Federal charges for Bella Vista duo
BENTONVILLE — Two Bella Vista men accused of setting off a homemade explosive on New Year’s Eve are facing federal charges.
Ricky Burnett, 42, and Joseph Witten, 38, were arrested in January in connection with the explosions in Bella Vista.
Bella Vista police arrested the two and local prosecutors charged Burnett and Witten with criminal use of prohibited weapons and criminal acts involving explosives or destructive device.
Burnett was in court Thursday, May 5, when Joshua Robinson, deputy prosecutor, informed Benton County Circuit Judge Robin Green state charges against Burnett would be dismissed. Robinson told the judge Burnett had been indicted on federal charges.
Burnett and Witten are both charged federally with two counts of aiding and abetting the making of a destructive device.
They have pleaded not guilty to the state and federal charges.
Robinson said no decision has been reached on whether to dismiss state charges against Witten.
Their jury trial is scheduled for June 27 in Fayetteville before U.S. District Judge Timothy L. Brooks.
Police received a report at 9:52 a.m. on Jan. 1 of remnants of a small explosive device and damage to a park bench near some townhomes on Estes Drive, according to court documents. The caller gave police a battery with wires taped to it and told them a bench had been blown up, according to the probable cause affidavit.
Officers observed pieces of the bench, orange plastic and wires spread across the area. They found fishing line tied to a piece of the bench that had been blown off. The line led to the front porch of 9 Connie Lane, according to the affidavit.
Officers went to the home and questioned Witten, who denied having any knowledge of the explosion, according to the affidavit. One of the officers noticed the same orange plastic in the park at the home and saw pieces of electrical tape and empty Tannerite bottles, according to the affidavit.
Witten admitted to police he pulled the fishing string detonating the explosive, but then denied doing it after police asked him again, according to the affidavit.
Witten told police Burnett was one of the people who had been at his home on New Year’s Eve, according to the affidavit.
Police found wiring and batteries, and black powder-like material was found on a work bench at Burnett’s home. Burnett told police they used Tannerite to make the device and said the plan was to make nothing more than a big firework, according to the affidavit.