WFLA

Charges dropped against Pinellas man accused of bringing ‘explosives’ near Jan. 6 rally

Pinellas County Sheriff's Office

PINELLAS COUNTY, Fla. (WFLA) — Three charges were dropped against an Oldsmar man who deputies said brought a “destructive device” to a political rally outside a county courthouse on Jan. 6, 2022.

According to a previous report, Garrett James Smith, 22, was seen running away from an “active political lawful assembly” that gathered in a Pinellas County Courthouse parking lot. At the time, the Pinellas County Sheriff’s Office said Smith was wearing all black, with a black face covering and a black backpack.

When deputies stopped Smith and searched his backpack, they found a black helmet and a list of items referred to as a “direct action list” or “DACK,” according to the sheriff’s office.

The list included directions on the type of clothing Smith should wear, as well as what pieces of armor and gear — including a gas mask and air filters — he should carry.

Deputies also found what appeared to be a “pipe-style explosive device,” the report added.

Smith was charged with three counts of making, possessing, and/or discharging a destructive device, and one count of loitering and prowling. 

On Tuesday, a filing revealed three of Smith’s charges will be dropped after an investigation by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) found the pipe-style device “not to be [a] destructive device.”

The filing said, “the items were legal ‘novelty devices’ that emit smoke but do not explode if ignited.”

Smith will still be prosecuted for the crime of loitering and prowling.