Judge keeps DC pipe bomb suspect in federal custody awaiting trial

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.

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.

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.

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.

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.

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.