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Date: 04-29-2022
Case Style:
Case Number: 1:18-cr-00469-RAH-SMD
Judge: R. Austin Huffaker, Jr.
Court: United States District Court for the Middle District of Alabama (Montgomery County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney: Aimee Smith, Tom Goggans
Description: Montgomery, Alabama criminal defense lawyer represented defendant charged with malicious use of explosives, conspiracy and misprison of a felony.
In 2007, Ashley Nicole Haydt, 36, from Taylor, Alabama, worked at Wiregrass Rehabilitation Center in Dothan with Sylvio Joseph King. The two became friends and Haydt told King about the troubled relationship she was having with her long-time boyfriend and father of her unborn child. Haydt was distraught because her boyfriend would not agree to marry her and that he ultimately ended their relationship. In June 2017, their child was born, and the ex-boyfriend filed for custody soon after. The jury saw numerous texts from Haydt to King during this time where she villainized her ex-boyfriend and she repeatedly expressed concern over losing custody of her infant child. Haydt told King that her life would be better if the ex-boyfriend were out of the picture. Those texts continued for several weeks until Haydt suggested they begin using an alternate app called Snapchat to communicate. One of the principal features of Snapchat is that pictures and messages are usually only available for a short time before they become inaccessible to their recipients.
With Haydt’s ongoing encouragement to eliminate her ex-boyfriend, King began to purchase materials needed to construct a pipe bomb. Haydt provided King with her ex-boyfriend’s address and, in the early morning hours of October 23, 2017, King placed the explosive device in the ex-boyfriend’s work truck that was parked at his home. King detonated the bomb while the ex-boyfriend was driving to work. Shrapnel from the device was blasted into the ex-boyfriend’s back and hip area, but thanks to the actions of a passing motorist and first responders, he survived. After the explosion, King sent Haydt a message that read, “boom, I felt that from 120 feet away.”
Law enforcement quickly became suspicious of Haydt’s involvement in the crime. Haydt gave numerous conflicting statements during multiple interviews and, when agents checked her cell phone, they discovered she had deleted text messages she exchanged with King the day of the bombing and before. She had also deleted the Snapchat app. However, significant evidence of their prior communications remained on King’s phone. King also testified during the trial confirming Haydt’s involvement. After the four-day trial, the jury found Haydt guilty of conspiracy, malicious use of an explosive, and concealing the commission of a felony. King was sentenced on November 4, 2021, to 108 months in prison for his role in the bombing.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Houston County Sheriff’s Office, the Dothan Police Department, and the Alabama Law Enforcement Agency (ALEA), with assistance from the Federal Bureau of Investigation (FBI) and the Alabama Fire Marshal’s Office. Assistant United States Attorneys Brandon W. Bates and B. Chelsea Phillips prosecuted the case.
18 U.S.C. 844 provides:
§844. Penalties
(a) Any person who—
(1) violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both; and
(2) violates subsection (p)(2) of section 842, shall be fined under this title, imprisoned not more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of this chapter shall be fined under this title or imprisoned not more than one year, or both.
(c)(1) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.
(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe.
(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Attorney General that—
(A) the property has not been used or involved in a violation of law; or
(B) any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness,
the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed.
(d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined under this title, or both; and 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 more than twenty years or 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 be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.
(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years or fined under this title, or both.
(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.
(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both.
(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.
(g)(1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building or airport, shall be imprisoned for not more than five years, or fined under this title, or both.
(2) The provisions of this subsection shall not be applicable to—
(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or
(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Pipeline and Hazardous Materials Safety Administration for the handling of hazardous materials pursuant to chapter 51 of title 49.
(h) Whoever—
(1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, or
(2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States,
including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for 10 years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for 20 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried.
(i) 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; and 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.
(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 842(p), the term “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.
(k) A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.
(l) A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be fined under this title, imprisoned not more than 10 years, or both.
(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20, fined under this title, or both.
(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense the commission of which was the object of the conspiracy.
(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of an explosive material.
(p) Theft Reporting Requirement.—
(1) In general.—A holder of a license or permit who knows that explosive materials have been stolen from that licensee or permittee, shall report the theft to the Secretary 1 not later than 24 hours after the discovery of the theft.
(2) Penalty.—A holder of a license or permit who does not report a theft in accordance with paragraph (1), shall be fined not more than $10,000, imprisoned not more than 5 years, or both.
18 U.S.C. 4 provides:
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
Outcome: Defendant was sentenced to 220 months in prison, followed by three years of supervised release.
Plaintiff's Experts:
Defendant's Experts:
Comments: