Tahlequah Daily Press

Local News

September 10, 2012

Attorney seeking dismissal of case involving explosives

TAHLEQUAH — A local man accused of manufacturing an explosive device is asking, through his attorney, that a judge dismiss the case for lack of evidence.

In a motion to quash, attorney Crystal Jackson claims the state failed to present any evidence during a preliminary hearing that Charles Clinton Carter, 42, manufactured or possessed any explosive device, or that he manufactured or possessed such a device with an intent to injure, intimidate or damage a person or property.

Prosecutors have alleged Carter made an explosive device in March 2012 and placed it in a woman’s truck with the intent to injure or intimidate her.

Jackson said the only evidence presented during a preliminary hearing was that Carter had been a visitor at a residence near where the device was found. Authorities allege they found components similar to those used in making the explosive device they recovered from the truck in the residence where Carter had been a visitor. But Jackson said the homeowner testified Carter wasn’t the only visitor to be in his home, and that teenagers frequented his house.

The woman who found the device testified in court that three children had been playing in her truck the day before she found the device, and she thought “maybe it had been something that the kids the day before had been playing with and left it in my truck... .”

Jackson claims law enforcement officials “failed to do a thorough and proper investigation and drew improper conclusions” about Carter’s involvement.

“Law enforcement conducted a poor investigation at best and has wrongfully accused Mr. Carter of the acts alleged” by prosecutors, Jackson said in a motion to quash.

Dismissing the case is in the interest of justice and conserving limited judicial resources, Jackson said in the filing.

Carter has pleaded not guilty to the felony charge, and is set to appear in court on Oct. 4 at 1:30 p.m. Prosecutors asked for a continuance last week in order to respond to Jackson’s request for dismissal.

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