CHEYENNE — Two "subjects of interest" believed to be connected to the explosive device left on the Great Seal in front of the entrance to the Wyoming Capitol last week have been referred to prosecutors after the Division of Criminal Investigation (DCI) identified and contacted them, commander Ryan Cox told Cowboy State Daily on Tuesday.
Authorities last week evacuated the Capitol and placed the surrounding Herschler Buildings on lockdown after a passerby believed to be Capitol employee discovered a “deconstructed live firework munition with a fuse” on the Great Seal, DCI previously reported.
The FBI became involved in the investigation and has taken possession of the explosive.
“This item was not immediately recognizable, even by our bomb folks,” DCI Commander Ryan Cox told Cowboy State Daily at the time. “They recognize it as having a solid potential to be an explosive like an IED, but then upon further analysis, it was not capable of inflicting harm as it was initially expected.”
DCI released images of two people it believes are connected to the incident, and has since contacted them.
Potential Prosecution
Cox on Tuesday said the two people remain “subjects of interest” and have not been elevated to the status of being “suspects.” Despite this, Cox said they are the only people believed to have a connection to the case.
“We are not looking for any other persons,” he said. “Are they suspects of a crime? I’m not willing to go that far yet.”
He added that video evidence from the incident indicates they were the “only two in the area” around the timeframe the explosive appeared outside the Capitol.
DCI confirmed it spoke with the two and referred them to prosecutors, who are now weighing whether to press charges. Cox could not reveal details about the conversation, but said such information will be forthcoming once prosecutors make a decision based on DCI’s investigative report from the incident.
“As a matter of course, I’m sure we’re going to present it to prosecutors, but I can’t say that they’re going to be prosecuted for anything,” Cox said.
“It’s pretty standard, even if we feel there is a great case or not a strong case, to let a prosecutor review it and make some sort of determination,” he added.
State Statute
Cox said prosecutors will examine the case against Wyoming statute 6-3-111, which prohibits “possession, manufacture, transportation and sale of explosives, improvised explosive device, or incendiary apparatus with unlawful intent.”
This does not preclude prosecutors from examining other statues should they be deemed appropriate, he added.
Because that’s a state law, the prosecutor’s office would be that of Laramie County District Attorney Sylvia Hackl. However, if federal laws also come into play, the office of U.S. Attorney for Wyoming Darin Smith may become involved.
“That seems like the most fitting statute, but that’s also why we present it to a prosecutor,” Cox said. “They tend to have a great knowledge of the statutes, right? So sometimes they can determine statutes that we weren’t thinking about.”
Language in the statute outlaws “intimidation by explosive device,” or using an explosive to “terrorize” others by placing them in “reasonable fear of imminent physical harm.” It specifically outlines an explosive as “any device, not commercially manufactured in the ordinary course of interstate commerce, which contains explosives.”
The crime is a felony charge punishable by up to 10 years in jail and a fine of up to $10,000.
Cox had previously described the explosive as being cylindrical with no base, and less than a foot in length. It was not colorful, had no plastic wrapping or emblems and was not capable of shooting into the air, he said.
Joey Correnti, a retired U.S. Army unit armorer, told Cowboy State Daily last week he believed that based on this description the firework may have been more powerful than a common Fourth of July pyrotechnic.
“The thing that pops into my head is one of those types of fireworks that goes into the cannon tube,” he said via phone. “If they're relating it to fireworks, it’s likely one of those Fourth of July fireworks, the big boy kind that you get set up in the in the cannon tube.”
Ongoing Investigation
Cox said DCI continues to investigate the situation and is still seeking help from community members who may have witnessed the crime.
“We still have video to go through, we still have other visual data that we’re going to be going through,” he said. “That’s vague, I realize that, but it’s got to be purposefully vague.”
The FBI is continuing to assist in these efforts, but Cox would not speculate on the agency’s specific focus. He added that DCI is acting as the lead in the investigation.
Cox said the investigation is part of efforts by DCI and Wyoming Highway Patrol to prepare for the coming legislative session, which will see lawmakers from across the state gather in Cheyenne to balance the state’s finances.
“We are always there to do investigations and monitor intelligence that might affect the Capitol,” he said.
The legislative session opens Feb. 9.
Jackson Walker can be reached at walker@cowboystatedaily.com.
