Court: IOW man with explosive devices on property denied bond
Jan 07, 2025
ISLE OF WIGHT COUNTY, Va. (WAVY) — An Isle of Wight County man who had more than 150 apparent explosive devices on his property and faces a weapons charge will remain in jail following a federal court order Tuesday.
Brad Spafford, 36, was taken into custody at his home Dec. 17 and charged with the unlawful possession of a firearm for allegedly possessing an unregistered short-barrel rifle, in violation of the National Firearms Act. It followed a nearly two-year investigation.
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A temporary detention order was issued the following day, and a detention hearing was scheduled for Dec. 23, in which Spafford waived an immediate detention hearing and asked for a detention and preliminary hearing a week later.
In the Dec. 30 combined preliminary and detention hearing, U.S. Magistrate Judge Lawrence Leonard said there was probable cause to support the charged crime, but still denied the prosecution's motion to detain him, saying that a bond and a third-party custodian — Spafford's mother — with location monitoring was enough to make sure he would attend court hearings and protect the public.
However, while Leonard agreed to release Spafford on a $25,000 bond, he noted the prosecution's intent to appeal, which it filed later that day, and stayed the issuing of the bond pending the appeal.
On Dec. 31, Spafford asked that the release order to be maintained, with the prosecution not filing a reply.
The prosecution has stated in a previous court filing that it is worried about Spafford's ability to access weapons and the danger he may pose, even to the officers who have to check up on him before trial, and acknowledged that new charges for the bombs — each one carrying a potential 10-year prison sentence — were almost certainly impending.
“The defendant has the undisputed know-how, resources, and extreme inclination to manufacture and stockpile improvised explosive devices,” according to an affidavit in support of the criminal complaint and arrest warrant for Spafford. “Even after losing his own fingers as a result of his homemade explosive materials, he made the apparent remarkable decision to keep an extraordinarily danger explosive material in the home’s freezer next to food items that could be accessed by the entire family.”
Spafford's attorney has argued that he never posed a threat to anyone, and a defense motion described him as "a hard-working family man with no criminal record."
However, in Tuesday's decision from U.S. District Judge Arenda L. Wright Allen, it states that the prosecution "has shown by clear and convincing evidence that Mr. Spafford's extensive activities involving explosives and destructive devices, combined with his history and characteristics, are inherently dangerous [and] that no third-party custodian or monitoring can keep sufficient watch on him at all times, and that his release on any conditions would create a danger to other persons and the community."
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Wright Allen, in her decision, said the evidence appears "quite strong," and the charged crime is not complicated — Spafford "must knowingly possess a short-barrel rifle that is operational and unregistered."
Whether or not the threaded extension is considered, "the rifle in question has a barrel well short of 16 inches," it was found on Spafford's property, he admitted to government agents that he possessed it, it was operational and it was unregistered.
Though Spafford, currently being held at Western Tidewater Regional Jail, does not have a criminal history and has long-standing ties to the community, her decision also noted that "the defense has not disputed that Mr. Spafford lost three fingers on his right hand in 2021 through an accident involving homemade explosives."
The court ruling Tuesday also noted that the government source reported Spafford was stockpiling weapons and that he and his friends had plans "for something that Mr. Spafford could not do alone." The source also stated that Spafford was training for sniper certification at a shooting range and he was using pictures of the president as targets.
Wright Allen, in her ruling, also said that it appeared that Spafford lied to investigators when asked whether they would find explosive or destructive devices at his property. It also noted that there was an unstable explosive and homemade explosives in an outbuilding, and homemade explosive devices in an unsecured backpack in the actual residence of his home where two young children were present.
"In addition to demonstrating danger to the broader community as discussed, ... these actions demonstrate dishonesty and extreme recklessness even with regard to the safety of others in his own family," Wright Allen said in her ruling. "In addition, the presence of destructive devices in a backpack marked with the nihilistic slogan 'nolivesmatter' is seriously concerning to the Court with regard to the characteristics and judgment of the Defendant."
The court cited numerous reasons to be concerned about the danger Spafford poses to other people or the community. Some of those facts "are inherently disturbing." Other facts viewed in isolation may not seem so alarming, the court said in its ruling, "but when all of the facts currently available are viewed in combination, the Court finds them alarming" and that Spafford "has shown the capacity for extreme danger."