Bureau of Alcohol, Tobacco, Firearms and Explosives

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a two-count indictment charging Michael C. O’Neill, 45, of Wheatfield, N.Y., with unlawfully making a destructive device and unlawfully possessing a destructive device. The charges carry a maximum penalty of ten years and a $250,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on July 21, 2015, the Niagara County Sheriff’s Department responded to a call regarding an injury at 6761 Walmore Road in Wheatfield. When emergency crews arrived, they discovered that the defendant had a significant injury to his lower leg. Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage where an explosion had occurred.

Officers noticed what appeared to be an area where explosives were being manufactured and explosive powder and BB’s in plain view. The bomb squad discovered what appeared to be seven improvised explosive devices, one was labeled “Powder w/Nails.” Other items discovered included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a box of triple seven pellets and a plastic bottle labeled as triple seven powder.

A subsequent x-ray exam of the device labeled “Powder w/Nails” determined that nails were packed into the device. It was disassembled and found to contain multiple nails, BB’s and suspected flash powder. A check determined that O’Neill does not have any firearms or destructive devices registered under the National Firearms Act.

The defendant will be arraigned on August 18, 2015, at 10:00 a.m. before United States Magistrate Judge Hugh B. Scott. O’Neill remains detained in the custody of the United States Marshals Service on the charges.

The indictment is the result of/culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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