The state’s objection to a motion by defense counsel for two of three remaining Explo officials to quash stands.
A motion to quash is a notice of objections by a participant in a case who does not intend to comply with discovery requests. In this case, attorneys for former Explo officials David Fincher and David Alan Smith filed the motions, but the state objected.
Fincher and Smith are charged with unlawful storage of explosives, conspiracy to commit unlawful storage of explosives, reckless use of explosives, conspiracy to commit reckless use of explosives, failure to obtain magazine license, conspiracy to commit failure to obtain magazine license, failure to properly mark explosive material, conspiracy to commit failure to properly mark explosive material, failure to keep accurate inventory and conspiracy to commit failure to keep accurate inventory.
According to court minutes, the state reserves the right to call their own witnesses in regards to the motion to quash.
Shelly Hopkins, a Louisiana State Police criminal investigator and explosives specialist was accepted as an expert witness in the case. The defense’s objection was noted.
The record is to remain open in the case, and any additional briefs or evidence must be submitted to the court no later than Nov. 23.
Nothing in the court record indicates the outcome of the defense’s motion for a change of venue.
The third defendant, William Wright, is expected to be in court Nov. 12. Smith is represented by H. Lyn Lawrence, Fincher is represented by Ronald Miciotto and Wright is represented by Donald Hathaway.
Smith and Fincher went before Judge Michael Craig Monday.
Three other defendants, Lionel Koons, Todd Dietrich and Michael Kile all pled guilty to misdemeanor charges.
Dietrich pled guilty to reckless handling of explosives. He was fined $1,000 plus court costs, must pay restitution of $1,000 to the Louisiana State Police and was ordered to serve two years active supervised probation. He was sentenced August 23, 2013.
Koons pled guilty to careless handling of explosives. He was fined $1,000 plus $1,000 in restitution to the state police and to serve two years active supervised probation. He was sentenced August 23, 2013.
The laundry list of charges Smith, Fincher and Wright still face stem from the October 2012 explosion at Camp Minden that rocked surrounding communities when improperly stored M6 propellant exploded. The ensuing investigation by Louisiana State Police revealed nearly 16 million pounds of the demilitarized military propellant had been improperly stored.
Explo Systems, Inc., leased property at Camp Minden, and has since filed bankruptcy and closed its doors.
