At a Glance
- Judge Matthew Sharbaugh orders Brian Cole Jr. to stay in custody pending trial.
- Cole allegedly continued buying explosive parts through Aug. 31, 2022, after planting pipe bombs on Jan. 5, 2021.
- He faces up to 10 years for transporting an explosive device and 5-20 years for attempted malicious destruction.
- Why it matters: The decision underscores how ongoing dangerous conduct can keep a suspect detained even before trial.
Brian Cole Jr., accused of planting pipe bombs outside the Democratic and Republican national committee offices on the eve of the Jan. 6, 2021 Capitol riot, remains locked up while awaiting trial. Judge Matthew Sharbaugh ruled that Cole’s past alleged conduct shows a “startling and significant capacity for dangerousness.” The judge noted that Cole’s continued purchases of explosive materials through summer 2022 refute claims that his past actions were merely anomalous.
Detention Decision
Judge Sharbaugh emphasized that the government met its burden to show no conditions of release could reasonably assure community safety. He cited evidence of materials found in Cole’s home and car, and the fact that the items were kept in a closet and in the vehicle-places “essentially within arm’s reach.”
Judge Matthew Sharbaugh wrote:
> “If true, then that fortunate outcome should have been a stark wake-up call for Mr. Cole,”
The judge also accepted the indictment from a local Washington, D.C., grand jury and will accept a superseding federal indictment once the panels reconvene.
Background and Evidence
Cole’s alleged confession during an hours-long conversation after his arrest detailed his motive and bomb-making process. He said he was “pretty relieved” when the devices did not detonate, as he had not intended to kill anyone.
Attorney Mario Williams countered:
> “Nothing could be farther from the truth,”
He argued that Cole’s autism and obsessive-compulsive disorder explain routine behaviors, such as wiping his phone 943 times since Dec. 2020 and evading arrest for years.
The government contended that Cole avoided detection for five years, a claim the judge found “especially troubling.”
- Purchased metal pipes, end caps, wire, steel wool, and a timer between Jan. 21, 2021 and Aug. 31, 2022.
- Materials discovered in a closet and inside his car, not stored in an off-site unit.
- Prosecutors described the case as not an isolated impulse act but a pattern of “acts of extreme political violence.”
Legal Proceedings
The judge scheduled a hearing on Jan. 9 to address whether the grand juries in both the U.S. District Court and D.C. Superior Court can approve federal charges. Cole had previously demurred on accepting the indictment, citing debate over jurisdiction.
If convicted, Cole faces a maximum sentence of 10 years for transporting an explosive device in interstate commerce, and 5-20 years for attempted malicious destruction by means of explosive materials.
Key Takeaways
- Brian Cole Jr. remains detained while awaiting trial due to continued purchase of explosive parts.
- The judge ruled that Cole’s past conduct and ongoing behavior pose significant danger to the community.
- The case highlights the legal debate over grand jury jurisdiction and the conditions for pretrial release.
The decision signals that courts may keep suspects in custody when evidence shows a pattern of dangerous behavior, even if the alleged crime occurred years ago.
