Plea hearing conducted for James Dean Fowler charged with phony bombs
Oct. 18—PRINCETON — A man who was arrested and charged in August 2022 with placing fake bombs outside a Bluefield church and at the federal building in downtown Bluefield made a best interest plea Tuesday to false reporting of a bomb.
James Dean Fowler, 51, of Bluefield was brought before Circuit Court Judge Derek Swope for a plea hearing. Fowler was arrested on Aug. 22, 2022 after he brought what appeared to be a bomb to the Elizabeth Kee Federal Building in downtown Bluefield. A second device had been placed outside the Westminster Church near his home on Washington Street.
Downtown Bluefield and the church's neighborhood were evacuated, and the West Virginia State Police Bomb Squad later determined that both devices were fakes. Assistant Prosecuting Attorney Josh Lawson said the bomb squad used a water cannon on the device left at the federal building, and action sounded like an explosion.
Fowler was transported to the Bluefield Police Department where he was questioned by FBI Agent Phil Gunther, according to a criminal complaint filed by Detective-Lieutenant K.L. Adams of the Bluefield Police Department.
After interviewing Fowler, Gunther informed Adams "that Fowler had spoken about devices placed inside cellphones and seemed to suffer from some form of mental disease," according to the criminal complaint.
The October 2022 session of the Mercer County Grand Jury later indicted Fowler on charges including possession of, or use of, a hoax bomb in the commission of a felony; report concerning bombs or other explosive devices; and conveying false information concerning terrorist acts.
Fowler was later remanded to a state hospital for treatment. After investigators and county prosecutors consulted with the U.S. Attorney, the decision was made to charge Fowler at the state level. Fowler was later determined competent to stand trial.
During the plea hearing Tuesday, Fowler pleaded guilty to making false reports concerning bombs and other explosive devices, an offense which has a possible sentence of one to three years in prison. Under the plea agreement, he could be placed under probation provided that he continues treatment, Judge Swope said.
Swope reminded Fowler of his constitutional rights including the right to a jury trial, the right to be presumed innocent, the right to remain silent without that decision being held against him and the right to appeal. Fowler kept replying that he understood.
"I know you've had a mental health diagnosis, but do you understand what you are doing here today?" Swope asked.
"Yes sir," Fowler replied.
Fowler entered into a best interest plea agreement. In a best-interest plea, the defendant is not admitting wrongdoing, but it allows him or her to plead guilty with the intent of avoiding a possibly harsher sentence from a jury.
Swope scheduled a sentencing hearing for late November and ordered that Fowler undergo a presentencing evaluation. Fowler's attorney, Joseph Harvey, made a motion for his client to be released on a personal recognizance (PR) bond, but Swope denied that motion. Swope said that he wanted details about Fowler's treatment and where he would be staying if released.
Swope said he would release Fowler on bond only if he could be placed on home confinement in Mercer County, but no location was available.
Fowler was remanded back to the Southern Regional Jail.
Harvey said his client was making a best interest plea because he impaired when the phony bombs incident occurred. Fowler has been suffering from post traumatic stress disorder (PTSD) and bipolar issues. Fowler told the court that he developed PTSD years ago after being trapped in a coal mine.
Assistant Prosecutor Lawson said that Fowler had substance abuse issues at that time as well.
"He believed that some being or beings were placing explosive devices in cellphones and he wanted to make the federal government aware of this," Lawson said.
Lawson said after the hearing that witnesses told him that Fowler was cooperative when a U.S. Marshal sat down on a bench and spoke with him at the federal building. According to the criminal complaint filed by Lieutenant-Detective K.L Adams, Fowler had taped magazines to himself as makeshift body armor.
Fowler also had a box cutter he kept opening and closing as well as a plastic tree stuck in his pants, Lawson said. Fowler later said he wanted to look like he had a firearm.
Lawson told Judge Swope that witnesses from the federal building were willing to testify if Fowler's case had gone to trial.
"If Mr. Fowler wasn't ready to accept responsibility, they were ready to go," Lawson said.
— Contact Greg Jordan at gjordan@bdtonline.com
Contact Greg Jordan at gjordan@bdtonline.com
