SALT LAKE CITY — A federal judge on Monday ordered the suspect accused of planting an explosive device underneath a FOX 13 News vehicle to remain in jail pending trial.
Christopher S. Proctor, 45, has pleaded not guilty to the two counts against him, and his attorney on Monday pointed out that none of the allegations against him have yet been proven.
On Monday, prosecutors contended that Proctor remained a danger, in part because there is evidence he was planning to try again at igniting a gas can.
“Your Honor, this was a planned attempt to blow up a vehicle,” said assistant U.S. Attorney Michael J. Thorpe.
“Moreover,” Thorpe added, “it was a planned attempt to blow up a vehicle at a news station he didn’t like.”
Proctor spent the hearing shackled, wearing an orange Salt Lake County jail jumpsuit. He occasionally fidgeted in his chair. He is charged with a count of attempted arson and a count of possessing an unregistered destructive device.
Proctor spoke directly to Federal Magistrate Judge Dustin Pead to answer a few questions. He said he has been receiving disability payments since August for an arm injury and that he has been taking mental health medications.
A gas can with a fuse was found underneath a FOX 13 News vehicle early on Sept. 12. The FBI has contended someone tried to ignite the fuse, but that it burned out without igniting the gasoline inside the can.
The FBI said it found DNA on the can matching Proctor. It then reviewed license plate readers and determined his car was in the vicinity of where the can and fuse were planted at the hours corresponding to a black-clad figure seen on surveillance footage planting the device.
While the FBI was investigating Proctor, it saw him drive past the location again. When agents searched his home, they found a newly-purchased gas can and a new fuse. Prosecutors relayed to the judge witness statements saying Proctor had a dislike of FOX News. (FOX 13 is owned by the E.W. Scripps Co. but is an affiliate of FOX.) There were also text messages, Thorpe said, in which Proctor said he would join nationwide protests and “burn it all down.”
Proctor’s attorney, Richard Sorenson, argued that an ankle monitor or home confinement, or both, could ensure that Proctor was no danger to the public. Proctor had about half a dozen supporters in the courtroom Monday. The judge made references to them having written letters asking for Proctor’s release. Those letters have not been made public.
Pead asked whether the timing of the attempted arson was related to the assassination of conservative activist Charlie Kirk, who was shot to death at Utah Valley University two days before the device was found.
Thorpe replied: “At this point, I don’t think there is evidence.”
Local and national reaction to Kirk’s death was referenced throughout the detention hearing. In his ruling from the bench keeping Proctor in jail, Pead noted the days after the murder have been a time of heightened anxiety.
Pead also focused on the danger that could have followed had the gasoline ignited.
“It could have put a lot of people in peril,” Pead said.
