Man Won’t Be Charged For Pipe Bombs Found In Car Arrested For Driving Violation, Loophole In Idaho Law Lets Man Escape Charges For Pipe Bombs

Sheriff’s deputies found two pipe bombs filled with nails in a Coeur d’Alene man’s car Wednesday morning.

But sheriff’s officials say a hole in Idaho state law prevented them from arresting the man for having the dangerous devices.

“This man was driving around in a vehicle with bombs that were extremely dangerous,” said Lt. Nile Shirley. “Had this guy been involved in an accident it could have caused problems. An officer could lose a limb or his life - not to mention the public.”

A sheriff’s deputy was following a car driven by Clinton W. Beardsley, 26, of Coeur d’Alene, about 1 a.m. Wednesday. The officer became suspicious when Beardsley turned suddenly into a drive and started to walk up to a house.

The officer watched Beardsley but noticed that he did not knock on the door. When the officer questioned the man, he admitted that he shouldn’t be at the house, Shirley said, “He just thought he’d trick the officer.”

The officer checked Beardsley’s record and found that his driving privileges had been suspended. At that point Beardsley was arrested.

When officers searched the car they found a bag with two pipe bombs inside. Officers also discovered materials - powder and detonating devices - to make more explosives, Shirley said.

“We X-rayed these rascals and looked inside them and it scared us a little,” Shirley said.

The pipe bombs were packed with nails. Shirley estimated their explosive power to be equivalent to that of a hand grenade.

“Why would you put something like that in an explosive device unless you intended to injure somebody?” said sheriff’s Capt. Ben Wolfinger.

Beardsley told officers that the pipe bombs did not belong to him, Shirley said.

Wolfinger pointed out that in Idaho, it is against the law to make a false bomb threat or to damage something with an explosive. However, there is no state law against possessing bombs.

It is against a Coeur d’Alene city ordinance to have explosives within city limits. But even then it’s only a misdemeanor. If a bomb is found outside of the city there is nothing local authorities can do aside from confiscate the device and alert federal authorities.

Only federal officials can file felony explosive charges. But ATF and U.S. attorney’s officials admit they often are too busy to handle smaller cases.

In January 1996, Kootenai County sheriff’s deputies evacuated two homes after they found a home-made bomb in a Coeur d’Alene man’s truck. Federal prosecutors declined to pursue the case, and local authorities could do nothing.

Kootenai County Prosecutor Bill Douglas drafted legislation last year to make it a felony to possess bombs or bomb components. But the state legislature killed the bill because of concern from farmers and ranchers who need explosives for legitimate work.

Although Beardsley was booked into the jail for the driving offense, he bailed out a short time later. He could not be reached for comment.

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