Earl Albert Moore indicted by federal grand jury on charges of arson of a building and use of a destructive device during a crime of violence

DENVER – Earl Albert Moore, age 65, was indicted late yesterday by a federal grand jury in Denver for arson and use of a destructive device during a crime of violence, the U.S. Attorney’s Office, the FBI’s Joint Terrorism Task Force (JTTF), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Jefferson County Sheriff’s Office announced. Moore was arrested on April 26, 2011 by Boulder Police Officers following a tip from a grocery store employee. He had first been charged in a sealed Criminal Complaint on April 24, 2011. The Complaint was unsealed when Moore made his initial appearance in U.S. District Court in Denver on April 27, 2011. Today’s indictment formalizes the charges against Moore. Moore remains in federal custody. Today at 1:30 p.m. Moore will be arraigned by a U.S. Magistrate Judge Boyd N. Boland. The issue of detention will also be addressed. Previously Moore has been held without bond in federal custody.

According to the indictment, on April 20, 2011, Moore did maliciously damage and destroy, and attempt to damage and destroy, by means of fire and an explosive, a building and other real and personal property used in interstate commerce. It further alleges that Moore during and in relation to a crime of violence, and in furtherance of that crime, namely the use of fire and explosive to damage and destroy and attempt to damage and destroy property, did knowingly use, carry and possess a destructive device – an improvised explosive device (“IED”) – also known as a homemade bomb.

According to an earlier affidavit in support of the original arrest warrant, on April 20, 2011, Moore entered Southwest Plaza Mall, using an employee only entrance. He then allegedly placed a device inside an employee corridor at the mall. Moore then exited the facility. As he was departing a fire ignited, but the device did not detonate. A security officer used a fire extinguisher to put out the fire.

If convicted of count 1, arson of a building, Moore faces not less than 5 years, and not more than 20 years in federal prison, and a fine of up to $250,000. If convicted of count 2, use of a destructive device during and in relation to a crime of violence, Moore faces not less than 30 years consecutive to any other sentence imposed, as well as a fine of up to $250,000.

This case was investigated by the FBI’s Joint Terrorism Task Force, with substantial assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Jefferson County Sheriff’s Office. The U.S. Marshals Service also provided support.

Moore is being prosecuted by Assistant U.S. Attorney Greg Holloway.

The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.