The Colorado Springs man accused of creating and detonating homemade explosive devices near downtown last year had an arson charge bound over for trial on Monday afternoon.
Edward Kiley, 69, faces eight charges, including arson, criminal mischief, controlled substance possession and several counts of possession or use of explosives or incendiary devices for allegedly creating and setting off a homemade explosive device.
On Monday afternoon Kiley appeared to court for his preliminary hearing, where Judge Eric Bentley would determine if there was probable cause to bind over the charge of arson against Kiley.
Due to Kiley no longer being in custody of the El Paso County jail he is only entitled to a preliminary hearing on the charge of arson, a class-3 felony. The remaining seven charges were bound over for trial after Kiley posted the $10,000 surety bond to be released from custody on Jan. 23, according to court records.
The prosecution called one witness to the stand at Kiley's preliminary hearing, a detective with the El Paso County Sheriff Office's regional explosives unit.
The majority of the detective's testimony was taken up by the several surveillance video clips entered into evidence by prosecutor Anthony Gioia. The surveillance clips, many of which were referenced to in Kiley's arrest affidavit obtained by The Gazette, showed what was described as a "improvised hot air balloon" floating through the sky before the device is caught on a fence and detonates.
The explosion from the device caused over $1,000 in damages to a nearby business, the detective stated.
Further video surveillance footage entered into evidence by the prosecution showed a clip of a man, alleged to be Kiley, setting the device into the air from a nearby parking lot. The detective states they were able to identify Kiley as the likely suspect due to the truck in the parking lot surveillance matching the truck owned by Kiley, as well as Kiley's proximity to the area where the homemade explosive device was discovered.
When law enforcement investigated Kiley's home, several items described as materials to create explosives were recovered from the home, including a black "smokeless powder."
The affidavit obtained by The Gazette also states that supplies from Home Depot and a book titled “Fireworks Cookbook” were also recovered from Kiley's home during the investigation.
During cross-examination, Kiley's attorney, Eli Huscher, asked the detective how they were able to confirm that it was Kiley in the surveillance footage played in court when the pickup truck alleged to be Kiley's had no visible plates on it in the video. The detective stated that he was able to identify the truck as Kiley's due to the stickers on the truck as well as the antenna.
Following the single testimony from law enforcement, Judge Bentley ruled that the arson charge would be bound over for trial.
"Other conclusions are possible, but it's a reasonable conclusion that the defendant put (the explosive device) together and put it in flight," Bentley said.
Kiley will return to court on April 15 for an arraignment hearing, which will be his first opportunity to enter a plea on the eight charges he currently faces.
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