An attorney for an Indiana Guardsman who pleaded guilty to having homemade explosive devices in his vehicle in Ohio is seeking time served plus 18 months of house arrest for his client.
Andrew Boguslawski, who goes by his middle name, Scott, admitted in April to possessing unregistered explosives in his car when he was stopped in January. He faces 10 years in prison and a $250,000 fine at his Aug. 8 sentencing in federal court.
Boguslawski, 44, of Moores Hill, Ind., had nine unregistered bombs in his car and four devices that could be converted into bombs when state police stopped him for driving 88 mph in a 70 mph zone on Interstate 70, according to his plea agreement.
The government says he was on his way back to Indiana after visiting family in Pennsylvania.
Sentencing Boguslawski to the time he has served in county jail since his January arrest, followed by 18 months of house arrest, is enough to ensure he is fully rehabilitated, defense attorney Steve Nolder wrote in a court filing Thursday.
“He is not a future threat to society, as he has not committed any acts of violence and fully understands the ramifications of his conduct,” Nolder said.
Boguslawski already has paid for his crime by losing his factory job while in jail, and he likely will be drummed out of the National Guard under “other than honorable” conditions, losing pension and medical benefits, Nolder said.
The government has yet to file its position on sentencing.
Nolder has said Boguslawski played the role of an enemy fighter when he helped train troops departing for war zones and wanted to make the job as real as possible. Over time, Boguslawski started to add explosives to the training and gradually became reckless in his approach to the homemade weapons, according to Nolder.
Investigators found numerous videos and photographs showing Boguslawski, family members and associates — including Boguslawski’s 16-year-old niece — blowing up several devices, according to a criminal complaint filed this year.
Video evidence showed that Boguslawski had used explosive devices as weapons and distraction devices near civilians and military personnel, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives. The government says nine of the devices could have caused injuries or death if they went off.
The devices were described as heavy plastic bottles filled with explosive flash powder with fuses in lids for ignition.