Judge keeps DC pipe bomb suspect in federal custody awaiting trial

Magistrate Matthew Sharbaugh ruled that Brian Cole Jr would stay in custody, citing public safety risks as the case moved toward trial
Prosecutors said luck alone stopped the bombs from exploding, stressing they failed by chance, not intent (Brent Stirton/Getty Images)
Prosecutors said luck alone stopped the bombs from exploding, stressing they failed by chance, not intent (Brent Stirton/Getty Images)

WASHINGTON, DC: A federal magistrate judge on Friday, January 2, ordered that the man accused of planting pipe bombs outside the Democratic and Republican National Committee headquarters in Washington, DC, remain in custody while awaiting trial.

The decision comes nearly five years after the undetonated devices were discovered amid the events surrounding January 6, 2021. 

Prosecutors and defense attorneys presented sharply different accounts of the accused man’s conduct, risk to the public, and personal circumstances.

The ruling follows his arrest last month after what authorities described as a breakthrough in the investigation.

MILWAUKEE, WISCONSIN - JULY 14: Law Enforcement Officers from Indiana walk along the Fiserv Forum Plaza ahead of the 2024 Republican National Convention (RNC) on July 14, 2024 in Milwaukee, Wisconsin. Law enforcement officials began final preparations on the eve of RNC where Republican presidential candidate former President Donald Trump is expected to formally receive the GOP nomination for the 2024 U.S. Presidential election. Trump suffered minor injuries during a campaign rally on on July 13 in Butler, Pennsylvania after a gunman opened fired killing one person and injuring two critically. (Photo by Michael M. Santiago/Getty Images)
Law Enforcement Officers from Indiana walk along the Fiserv Forum Plaza ahead of the 2024 Republican National Convention (RNC) on July 14, 2024, in Milwaukee, Wisconsin (Michael M Santiago/Getty Images)

Judge cites ongoing risk and lack of release conditions 

Magistrate Judge Matthew Sharbaugh ruled that Brian Cole Jr should remain detained, concluding that the government had met its burden to show that no release conditions could reasonably assure public safety.

In a written order issued on Friday, the judge said that Cole’s alleged conduct reflected a serious capacity for harm, while emphasizing that past behavior alone could not justify detention.

Brian Cole Jr. is accused of planting pipe bombs outside both RNC and DNC headquarters (Screengrab/ New York Post)
Brian Cole Jr is accused of planting pipe bombs outside both RNC and DNC headquarters (Screengrab/ New York Post)

Judge Sharbaugh pointed to evidence that Cole continued purchasing materials commonly used to manufacture explosives through the summer of 2022.

Investigators also reported finding similar materials in Cole’s home and vehicle at the time of his arrest.

According to the judge, this pattern undermined arguments that the alleged actions in January 2021 were isolated or uncharacteristic.

“The Court concludes that the government carried its ultimate burden to demonstrate that there are no conditions of release the Court could impose to reasonably assure the safety of the community,” Sharbaugh wrote.

WASHINGTON, DC - JANUARY 06: Thousands of Donald Trump supporters storm the United States Capitol bu
Thousands of Donald Trump supporters stormed the United States Capitol building following a 'Stop the Steal' rally on January 06, 2021, in Washington, DC (Spencer Platt/Getty Images)

Cole was arrested in December and charged with transporting an explosive device and attempting to maliciously destroy property using explosives. 

In court filings, federal prosecutors argued that the failure of the devices to explode was not due to a lack of intent. In a memo opposing release, they wrote that, “It was luck, not lack of effort,” that the explosives did not detonate.

Defense highlights diagnoses and disputes prosecution claims 

Cole’s defense team sought his release ahead of trial, citing his personal background, mental health diagnoses, and alleged cooperation with authorities.

In a motion filed earlier this week, his attorneys disclosed that Cole has been diagnosed with autism spectrum disorder and obsessive-compulsive disorder, describing the autism diagnosis as mild.

WASHINGTON, DC - JANUARY 6: Trump supporters clash with police and security forces as people try to
Trump supporters clash with police and security forces as people try to storm the US Capitol on January 6, 2021, in Washington, DC (Brent Stirton/Getty Images)

Defense lawyers argued that there was no evidence Cole attempted to evade law enforcement or posed an ongoing threat to the public.

They stated that he maintained steady employment with his family’s bail bonds business and did not relocate or attempt to flee during the years following the January 2021 incidents.

His grandmother, Loretta Cole Donnettee, testified in court that she was willing to have Cole live with her under supervision if released. She told the judge that her residence is in a gated community equipped with extensive security cameras.

WASHINGTON, DC - JANUARY 06: Pro-Trump supporters storm the U.S. Capitol following a rally with Pres
Pro-Trump supporters storm the Capitol following a rally with President Donald Trump on January 6, 2021, in Washington, DC (Samuel Corum/Getty Images)

Judge Sharbaugh had previously said that there were “important arguments under consideration” before issuing his decision. With the latest ruling, Cole will remain in federal custody as the case proceeds toward trial.

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