Judge denies motion to dismiss charges in Pine View bomb case

Martin Farnsworth appears in 5th District Court via video conference for his initial appearance, St. George, Utah, July 31, 2018 | File photo via Utah court pool, St. George News

ST. GEORGE — A judge has denied a motion to dismiss the charges against a teen accused of bringing a homemade explosive device to school last year.

Martin Ryan Farnsworth, 17, of Hurricane, is facing felony charges for attempted murder and possessing a weapon of mass destruction. He is being tried as an adult.

The charges stem from a March 5 incident in which Farnsworth allegedly took a homemade explosive to Pine View High School.

He left a backpack containing the device in the school’s cafeteria during the lunch period, according to documents filed in 5th District Court. Some 75-150 students were in the cafeteria at the time.

Read More: Charges filed in Pine View bomb scare; more possible in relation to ISIS flag incident

Farnsworth lit the fuse and walked away, according to court documents and testimony. Smoke coming from the device alerted students to the presence of the backpack. They notified the school’s faculty and a school resource officer removed the backpack from the area.

Pine View High School students are evacuated to the football field as police investigate a bomb scare inside the school and swept the parking lot as a precaution, St. George, Utah, March 5, 2018 | File photo by Mori Kessler, St. George News

While no one was harmed in the incident, it did trigger an evacuation of the school.

Read more: Defense in Pine View bombing case says Washington County School District failed teen

The device was constructed out of a “metal soup can filled with metal BB shots removed from shot gun shells,” according to court documents.

It also included “three canning lids with masking tape, BBs, an improvised fuse, black gun powder, white plastic cup, empty box of box-strike matches, three 16.9 oz. water bottles of gasoline” and other items.

Defense attorney Edward Flint filed the motion to dismiss in November, arguing that Farnsworth didn’t want to kill anyone, he only wanted to hurt his fellow students, therefore Farnsworth’s actions did not reach the level of attempted murder.

District Judge Michael Westfall rejected the argument.

St. George Police officers and Washington County Sheriff’s deputies blocked access to Pine View High School as a bomb scare was investigated at the school, St. George, Utah, March 5, 2018 | File photo by Mori Kessler, St. George News

Read more: ‘If someone got hurt, I probably wouldn’t care’; Teen charged with attempted murder in Pine View High bomb scare

Flint also argued that the court should dismiss the charge of possessing a weapon of mass-destruction because Farnsworth’s device wasn’t even capable of exploding.

“The Defendant also argues that ‘device’ at issue was incapable of actual explosion, and it is unknown if the device could have started a fire, as allegedly constructed and deployed,” Westfall wrote in his decision. “The device at issue here included gasoline-filled water bottles and gunpowder, and defendant lit a fuse in a place occupied by 75 to 150 students.

“Under these circumstances, the court cannot say that such a device was not ‘designed or intended to cause widespread death or serious bodily injury to multiple victims.’”

Read more: Judge: 16-year-old who brought bomb to Pine View High School will be tried as adult

A five-day trial has been set for March.

Farnsworth also is accused of vandalizing Hurricane High School Feb. 15, 2018, by painting “ISIS is comi” and raising a flag for the Islamic State outside the school.

Email: [email protected]

Twitter: @MoriKessler

Copyright St. George News, SaintGeorgeUtah.com LLC, 2019, all rights reserved.

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