Judge fails to dismiss charges in pipe bomb case
Fayette County Judge Ralph C. Warman denied a motion made by a 23-year-old North Union Township man to dismiss charges of possession of weapons of mass destruction, possession of prohibited weapons, arson, recklessly endangering another person and risking a catastrophe. Warman ruled Tuesday that the alleged possession of pipe bombs by Derek McKulka of 249 Rankin Airshaft Road last spring is enough evidence to conclude McKulka intended to commit a crime.
In April 2006, McKulka was charged with weapons of mass destruction, causing or risking catastrophe, arson, driving while under the influence of alcohol, possession of a prohibited weapon, recklessly endangering another person and careless driving.
The charges resulted after he was found with four pipe bombs following a car accident at 2:18 a.m. April 8 on Route 40 in Henry Clay Township, two miles east of Dinner Bell Road.
McKulka’s attorney, Brent E. Peck, had argued that the absence of fire or explosion should be considered reason to dismiss the charges.
During a preliminary hearing before Magisterial District Judge Wendy Dennis in August 2006, police and eyewitnesses testified that pipe bombs were discovered at the scene and that McKulka tried to toss several of the explosives into the woods prior to police arriving at the scene.
One of the first responders to the crash, Markleysburg Assistant Fire Chief Walter “Jim” Wolfe, who also is a member of the Fayette County Hazardous Materials Team, testified he noticed a “galvanized pipe about 6 or 8 inches long with steel end caps and a fuse” at the crash scene.
Wolfe testified he believed the item was a possible explosive device and quickly shut down traffic on Route 40 and called Fayette County 911 to alert state police.
Trooper John Krause said the state police Hazardous Device and Explosives Unit from Hershey was called in.
Route 40 was closed from Dinner Bell Road to Pike School Road for almost eight hours as crews searched the area for more bombs.
Three more explosives, according to officials, were found in the immediate area, one in a plastic box at the crash site and two in the woods, about 30 yards from the crash site.
Following the crash, police searched McKulka’s residence and discovered plastic and metal pipe shavings, a saw and a drill, as well as suspected gunpowder in a workshop on the property, according to trooper Charles Morrison.
McKulka was initially placed in the Fayette County Prison but posted a $25,000 straight cash bond and remains free on bail.