Wednesday, July 2, 2008

Police discover explosives

Evelyn Cronce El Defensor Chieftain Reporter

ECRONCE Fifteen counts of possession of firearms or destructive devices by a felon were filed in Magistrate Court against Francisco "Frank" Pino, 48, of Magdalena.

According the to criminal complaint, law enforcement officials found nine blasting caps, a stick of slurry dynamite, three plastic ammonium nitrate-fuel oil sticks, 35 feet of detonation primer cord, and 1 foot of detonation cord found at Pino's residence.

The complaint also lists charges of negligent use of explosives resulting in injury to himself, possession of methamphetamine, cocaine and two marijuana plants, drug paraphernalia and the illegal possession of mercury. Mercury is considered a toxic pollutant and its use in large amounts requires proper documentation and licensing.

Magdalena Marshal Larry Cearley said he received a call June 24 from the Magdalena Medical Clinic saying Frank Pino was at the clinic and had been shot.

According to the police report, Deputy Marshal Terry Flanigan, who was at the Magdalena Clinic, reported that Pino stated he was sleeping on the floor in the living room when he heard a knock on the door. A male subject entered the room and shot him with a shotgun.

Flanigan sent Socorro County Deputy Don Lyles to the Pino residence to secure the property, but Pino reportedly denied officers access to his residence.

Pino was moved from the Magdalena Clinic to the Socorro General Hospital for treatment.

Flanigan and Cearley got a search warrant in an attempt to locate evidence in the incident that would determine a suspect. When they found two marijuana plants on the kitchen table, the officers got a second search warrant to look for drugs.

The report stated the officers found explosives and drugs in the house, and on the property, and called the New Mexico State Police for a bomb technician.

Searchers reported finding several metal fragments in the living room. This alerted officers to the fact an incendiary device may have been used in the incident.

When Cearley contacted Deputy Sheriff Preciliano "Shorty" Vaiza, who was with Pino at Socorro General Hospital, Vaiza allegedly received information from the staff in the emergency room that Frank Pino's injuries had copper metal fragments inside and not pellets that would be consistent with a shotgun blast.

The next day, agents from the New Mexico Department of Defense; Kent Masters and Gary Ainsworth from the department of Alcohol, Tobacco and Firearms; and Rick Saul from the Albuquerque Bomb Squad met with the Magdalena officers.

A review of the evidence by all of the officers led them to believe that an electric dynamite cap was exploded in towels, which caused the injuries to Pino.

Masters and Ainsworth reportedly drove to Socorro to talk to Pino.

Ainsworth reported that Pino described the events to him. According to the police report, Pino, under the influence of drugs, placed a blanket on the floor and placed an electric dynamite cap between two towels and the blanket.

Then, Pino reportedly laid down on the towels and attempted to ignite the cap with an electric extension cord. The cap did not fire. Pino then tried to stand up when the cap discharged and caused his injuries.

The Albuquerque Bomb Squad and local law enforcement officers detonated the explosives that had been removed from the Magdalena site.

Pino was released from Socorro General Hospital and has been issued a summons to make an initial appearance in Socorro Magistrate Court on Monday, July 14.

ecronce@dchieftain.com

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