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WASHINGTON (CN) — A federal judge on Friday ordered a Virginia man to be detained as he awaits trial on charges he placed two pipe bombs outside the Republican and Democratic National Committee headquarters on Jan. 5, 2021.
U.S. Magistrate Judge Matthew Sharbaugh rejected Brian Cole Jr.’s request to be released to home detention at his grandmother’s house, finding such conditions did not “reasonably assure the safety of the community.”
“Pretrial detention must be ’the carefully limited exception,’” Sharbaugh wrote in his 19-page opinion. “Mr. Cole, like all defendants, is entitled to a presumption of innocence.”
“The court understands its ‘grave constitutional obligation to ensure that the facts and circumstances of each case warrant this exception treatment,’" he continued. “This case fits that bill.”
Sharbaugh, appointed by Chief U.S. District Judge James Boasberg in October 2024, rejected the defense’s contention that Cole should not be considered dangerous because the pipe bombs did not detonate and thus caused no harm. Sharbaugh said “it was luck, not lack of effort” that caused the devices not to detonate.
“If the plan had succeeded, the results could have been devastating: creating a greater sense of terror on the eve of a high-security congressional proceeding, causing serious property damage in the heart of Washington, D.C., grievously injuring DNC or RNC staff and other innocent bystanders, or worse,” Sharbaugh wrote. “The nature and circumstances of the charge offense here are gravely serious, so this factor points strongly toward pretrial detention.”
Cole was arrested on Dec. 4 in Woodbridge, Virginia, just 35 miles from Washington. Federal prosecutors charged him with two counts of use of an explosive device. If convicted, he faces up to 20 years in prison.
According to the Justice Department, Cole at first denied any involvement, then provided a detailed confession to the crimes during a Dec. 4 interview at the FBI’s Washington Field Office. The defense has not contested the government’s characterization at this stage.
Cole first said he traveled from Woodbridge to attend President Donald Trump’s “Stop the Steal” rally on Jan. 6, 2021, to protest the results of the 2020 election. However, after several hours of questioning, Cole admitted he was the suspect caught on surveillance camera footage placing the two improvised explosive devices.
The DOJ says Cole then went on to explain in depth the construction, transportation and placement of the bombs, including how he decided in advance to place them under a public bench near the DNC and next to a trash can outside the RNC.
According to the Justice Department, Cole said he wasn’t thinking about how people would react when the bombs detonated but “hoped there would be news of it.”
Cole stated he placed the bombs at night to avoid any casualties. He explained his goal was to do something “to the parties” but said his actions were not directed at Congress or election certification proceedings on Jan. 6.
Mario Williams of HDR Law Firm is representing Cole. Williams says his client has autism and obsessive-compulsive disorder — a factor he said explained why Cole wiped his phone 943 times leading up to and following incident. He said those conditions were also a further reason he should not be detained.
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