ALLENTOWN, Pa. - According to his attorney, all Marc Muffley wanted to do was shoot off fireworks on a Florida beach.
"This is not a situation where there's any reason to believe that this person had any interest in causing harm to anyone," said Jonathan McDonald, attorney for the accused.
Judge Pamela A. Carlos, magistrate judge of the U.S. District Court for the Eastern District of Pennsylvania, disagreed, denying Muffley's bail and remanding him to U.S. Marshal's custody.
During a federal court hearing held via Zoom on Thursday, the attorney emphasized several times that it was fireworks discovered Monday in Muffley's suitcase at Lehigh Valley International Airport.
"This is not a situation where there's any reason to believe that this person had any interest in causing harm to anyone, other than lighting fireworks off on a beach in Florida," McDonald said.
"I think that what we have here is a firework, your honor," McDonald said. "It does not meet the definition of an explosive device."
McDonald's primary argument was that since the device was not self-igniting, and made primarily of commercially available firework ingredients, it was not an "explosive device" as far as the law was concerned.
Prosecutor Sherri Stephen cited a danger to the public, including the fact that Muffley had previous convictions and served some jail time before.
"He created such a dangerous situation by his actions that day," Stephen said.
McDonald argued the "device" wasn't really a device, in the sense that it could not be detonated on its own without being actually lit manually by a lighter.
Reached by phone after the hearing, McDonald had no further comment.
Muffley, 40, of Lansford, Carbon County, appeared via videoconference at the hearing. He is charged with possessing an explosive in an airport and possessing or attempting to place an explosive device on an aircraft.
He faces a maximum of up to 15 years in prison if convicted of both charges. The judge ruled probable cause exists for Muffley to face the charges.
FBI Special Agent Eddie Garcia testified he spoke with Muffley after his arrest. Muffley admitted he had an explosive in his bag as well as other items prohibited in an airport, Garcia said.
According to an FBI criminal complaint, Muffley checked the bag Monday morning at LVIA for an Allegiant flight headed from Allentown to Orlando Sanford International Airport in Florida.
The bag never made it on the plane. It set off an alarm as the baggage was being screened by the Transportation Security Administration, according to the criminal complaint.
Muffley was paged over the airport's public address system about 11:40 a.m. Monday but didn't respond, according to the complaint. The FBI said surveillance video captured Muffley leaving the airport about five minutes later.
Agents who inspected the suitcase allegedly found hidden in the lining a circular compound wrapped in wax paper and clear plastic. Authorities said it contained a granular powder consistent with commercial grade fireworks, as well as two fuses.
According to the complaint, the powder in the device was susceptible to ignite from heat and friction and posed a significant risk to an aircraft and passengers.
Also in the baggage was a can of butane, a lighter, a pipe with a white powder residue, a wireless drill with cordless batteries and two outlets taped together with black tape, the FBI said.
Authorities arrested Muffley late Monday night at his home.
In Lansford, the hardscrabble Carbon County borough where authorities say Muffley lived, neighbors on East Abbott Street said police cars and FBI agents, including more militarized SWAT-style vehicles, were present overnight and could later be seen removing bags from the home.
Neighbors, who did not wish to be identified, said Muffley had been the subject of issues in the past with law enforcement, with one neighbor noting that he is not the homeowner, rather the homeowner's boyfriend.
Muffley’s home, in the first block of East Abbott Street in a quiet and residential neighborhood, was adorned with Valentine’s Day decorations and had been broken in to via the main door, likely by law enforcement during the raid.
