BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr.
announced today that Jose M. Gandia, 47, of Niagara Falls, NY, was charged by
complaint with unlawful possession of a destructive device and unlawful
possession of a shortened shotgun. The charges carry a maximum penalty of 10
years in prison.
Assistant U.S. Attorney Seth T. Molisani, who is handling
the case, stated that according to the complaint, on March 25, 2020, the New
York State Police received a report of an individual pointing a shotgun with a
red laser out of a red pickup truck on the New York State Thruway. A trooper
located the vehicle stopped behind the traffic cones of an active work zone
near the Town of Hanover. The trooper approached the vehicle and ordered the
driver, later identified at the defendant, to exit. As the trooper attempted to
handcuff Gandia, he resisted and a fight ensued. As the trooper struggled with
the defendant, a second trooper arrived and assisted in handcuffing Gandia. The
trooper who initially responded to the call suffered a broken hand in the
altercation. A knife was found in the defendant’s pocket, and a second one was
located on the ground next to the red pickup.
Following Gandia’s arrest, a trooper observed a sawed-off
shotgun and a rifle in the passenger seat of the red pickup, as well as a
ballistic vest and another knife. Another ballistic vest and an item that
appeared to be a pipe bomb were then located in the rear of the vehicle.
Troopers backed away from the vehicle, secured the scene, and called explosive
specialists to the scene. The incident resulted in the closure of the westbound
Interstate 90 of the New York State Thruway.
A New York State Police Bomb Technician examined the device
and confirmed that the device, a pipe bomb, appeared to be a functional
destructive device. During the examination of the device, the bomb technician
utilized a “Disruptor,” a tool used to knock off the end cap of the device in
an attempt to disassemble and disable the device remotely. During this
procedure the device detonated.
Following the incident on the Thruway, investigators
executed a search warrant at Gandia’s Cedar Street residence in Niagara Falls.
They recovered nine suspected destructive devices, all appeared to be of
similar construction as the device recovered from the defendant’s vehicle. Five
of the suspected devices were attached to two separate propane tanks. Two of the
devices were placed near the front entrance of the residence and two additional
devices were placed near the rear entrance; all four devices were rigged to
detonate.
“Amidst the pandemic, the brave men and women of law
enforcement continue to risk life and limb to keep our communities safe,” said
U.S. Attorney Kennedy. “With knives, guns, and 10 bombs—one of which was
detonated, and nine of which were inside a house located in a crowded
residential area—the danger this individual presented cannot be overstated. As
our tremendous medical professionals—and each of us—focus efforts on doing
everything possible to defeat the invisible enemy, our law enforcement
professionals remain vigilant to ensure that our fight may continue and that
the enemies amongst us can do us no harm. All of our protectors are worthy of
our praise and gratitude.”
The complaint is the result of an investigation by the New
York State Police, under the direction of Major James Hall; the Niagara Falls
Police Department, under the direction of Superintendent Thomas Licata; the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, under the direction of Special Agent-in-Charge John B. Devito, New
York Field Division; the Federal Bureau of Investigation, Buffalo Division,
under the direction of Special Agent-in-Charge Gary Loeffert; and the
Chautauqua County District Attorney’s Office, under the direction of District
Attorney Patrick Swanson.
The fact that a defendant has been charged with a crime is
merely an accusation and the defendant is presumed innocent until and unless
proven guilty.
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