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The Honolulu Advertiser
Posted on: Saturday, August 1, 2009

UH-Hilo student gets 30 days in jail for ‘bottle bombs’


By John Burnett
Hawaii Tribune-Herald

A college student convicted of exploding "bottle bombs" on the University of Hawaiçi at Hilo campus will go to jail.

Hilo Circuit Judge Glenn Hara sentenced Edward Emerson Wine II on Friday to a year in Hawaii Community Correctional Center, but suspended all but 30 days.
Wine, 21, who pleaded no contest to first-degree terroristic threatening in a deal with prosecutors, will be allowed to schedule his month in jail between his school and work schedules. Hara also ordered Wine to serve five years' probation. Wine's probation officer will determine when Wine begins his jail sentence. Wine will receive credit for time already served.
Hara allowed Wine's attorney, Deputy Public Defender Mirtha Oliveros, to enter a motion requesting that Wine's criminal record be expunged upon his graduation if he complies with terms of probation and avoids further trouble with the law.
Wine, a marine science major, fabricated several bottle bombs out of household chemicals, 1-liter plastic bottles and aluminum foil.
Two of the bombs exploded on the UHH campus early the morning of Dec. 18, during fall semester final exams. Part of campus was evacuated.
An Army explosive ordnance disposal team from Fort Shafter in Honolulu was flown in to remove "duds," while a Fire Department hazardous materials unit mopped up the mess left by the blasts.
Deputy Prosecutor Rick Damerville told the Tribune-Herald in April that the state would request 90 days' jail time for Wine, who has no prior criminal record. The maximum sentence is five years’ imprisonment.
Oliveros argued for a lighter sentence, saying that while Wine's actions were "foolish" and "unsafe," he intended "nothing malicious." She said Wine was "more curious about the chemistry" of the homemade device.
"Maybe a weekend; maybe two weekends," Oliveros said. "Ninety days would not be warranted, and in fact would have the opposite effect of what is intended. Ninety days would make him more comfortable with jail."
Deputy Prosecutor Kanani Laubach, pinch-hitting for Damerville, requested the recommended 90 days, noting Wine had admitted it was not the first time he had made the devices.
"He had made these bottle bombs in the past, but they never exploded," she said. "The state's argument is that jail time for this case will serve as a deterrent and send a message that this is not acceptable."
Asked if he wished to speak, Wine, who appeared nervous, was brief.
"I'm sorry; I just wasn't really thinking," he said.
Hara said he visited the Internet video site YouTube "to learn what a bottle bomb is" and noted that there was "a fair amount of force" to the explosion of similar devices.
"I wasn't really trying to hurt anyone," Wine interjected.
"You can't do things where you know there is going to be that amount of force to the explosion," Hara replied. "What if somebody was walking by? What if it took a little bit longer than you thought it would to explode and somebody was walking by?"
Before sentencing Wine, Hara said he was "concerned" by a statement Wine had made previously about being "bored, looking for fun."
"I hope the next time you're bored, you look for something else to do," he said. "There are so many things to do, so many things to learn."
The judge said he considers Wine to still be an "adolescent" and that "adolescents tend to engage in high-risk behavior."
"You need to pay the consequence," Hara said.
Wine, who had three friends present for support in a sparsely populated courtroom, said he was relieved after the verdict.
"I'm kind of glad that it's over," he said.
Wine said his stunt had nothing to do with the pressure of final exams' week.
"It was more like the end of the year," he said, adding that he felt "restless" at the time.
A charge of manufacturing and possessing explosive devices was dropped in return for Wine's plea. A conviction on the explosives charge would have meant a mandatory five-year prison term for Wine.
"A prison term would be unconscionable in this case," Oliveros said.