Malicious Damage to a Building-Bombs in Colorado

Robert Burke, 55, a former air traffic controller accused of planting homemade bombs outside the houses of former Grand Junction co-workers and a Federal Aviation Administration official was sentenced to 10 years in prison Friday after pleading guilty to damaging a building.^[1 Two bombs were defused and three bombs exploded, but no one was hurt and only minor damage was reported. ^[2]

He was also ordered to pay $11,865 in restitution for damage caused by another bomb to a building that belonged to his former employer, Serco Group PLC, a contractor that supplies traffic controllers to airports.^[3] Burke was fired in 2004. ^[4]

In October, he pleaded guilty to a single count of malicious damage to a building used in interstate commerce.^[5] He faced up to 20 years in prison but prosecutors recommended 10 years and agreed to drop some charges including six counts of possession of a dangerous weapon and explosives. ^[6]

18 U.S.C. § 844 (i) states whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both. ^[7]

The penalties would be greatly enhanced if personal injury or death had resulted. If personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment. ^[8]

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[1] John Sarche, Ex-Air Traffic Controller Sentenced to 10 Years for Bombs, Associated Press, February 5, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] 18 U.S.C. § 844 (i)
[8] Id.