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Former soldier pleads guilty in bomb, weapons case


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A former Army infantryman pleaded guilty Monday to felony possession of a destructive device and possession of an assault rifle stemming from an explosion in Ventura last month.

Allan Toney's lawyer, Randy Tucker of the Public Defender's Office, said prosecutors amended their felony complaint involving the possession of a destructive device. By doing so the judge has the discretion to reduce the felony to a misdemeanor when Toney, 28, is sentenced on May 15, said Tucker.

Toney could be sent to prison for up to three years and eight months. But if Ventura County Superior Court Judge Bruce Clark agrees with the plea bargain deal, Toney will probably serve 180 days in jail.

A document dated March 26 in support of a search warrant for Toney's apartment at 154 S. Hemlock showed police found four pipe bombs along with the AK-47 assault rifle, two other rifles "propped on the wall," brass knuckles, ammunition and other items.

"I did not exaggerate when I told you the other day that they (pipe bombs) were glorified fireworks," said Tucker. "There were no ball bearings, no nails, nothing like that, it was just basically a firecracker that meets the legal definition of explosive devices. He didn't realize that there was a real problem with this. Now, he knows."

According to a statement of probable cause by police in support of a search warrant, this is what happened:

Police were sent to the corner of Meta and Hemlock streets in Ventura on March 25. When they arrived, they were told by a resident that he heard a "fizzing" sound outside his residence. Police found what resembled a pipe bomb lying on the sidewalk at that street corner.

While they were there, officers heard an explosion coming from the apartment complex were Toney lives.

A resident told officers that he believed he saw two devices with fuses on the brick wall in front of Toney's apartment. Upon further investigation, police found a "very intoxicated" Toney who demanded to speak with his uncle who was acting as his legal counsel, according to the document.

Tucker said his client is a "very good person" who is "embarrassed" about what happened.

"He's happy that the district attorney did agree to amend the complaint so he can hopefully get this reduced to a misdemeanor at some point," Tucker said.

Toney served as an infantryman from 1997 to 2005, Sgt. 1st Class Keith O'Donnell of the Army's Human Resources Command had said. Tucker said his client served in Iraq, has no criminal record and got an honorable discharge from the military.

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