Kalamazoo man arraigned on felony for explosives possession

EAST LANSING (AP) - Prosecutors started testing a new state law inspired by the Oklahoma City bombing on a 21-year-old student they alleged yesterday used a Molotov cocktail to set a Dumpster on fire during campus riots.

Anthony David Pastor of Kalamazoo was arraigned in East Lansing District Court yesterday on a felony charge of possession of an explosive-incendiary device, in this case a Molotov cocktail. The cocktail is made using a glass bottle filled with gasoline and a cloth for the fuse.

The new state law, which took effect Jan. 1, increased the penalty for that felony to 15 years in prison, up from four years, said Ingham County Assistant Prosecutor Al Phillips.

Phillips said police have a photograph of Pastor with the lit cocktail in his hand, hanging over the Dumpster during the March 27 riot that erupted after Michigan State's basketball team lost to Duke in the NCAA semifinals.

During his arraignment, Pastor's attorney, Hugh Clarke, said whoever police thought they had on film wasn't his client.

"This is a case of mistaken identity," said Clarke, who told the judge that he had at least six witnesses who would back up his claim.

Judge David Jordon scheduled Pastor's pretrial hearing for April 16 and his preliminary examination for April 26.

Pastor, a Western Michigan University student, was arrested Wednesday in Kalamazoo by Michigan State Police. He was released yesterday after paying 10 percent of his $2,500 bond and $270.20 in court costs, as ordered by Jordon.

Phillips said she wasn't surprised at Pastor's planned mistaken identity defense and said she expected other students charged with felonies to choose similar defenses.

"We have evidence that will say otherwise," Phillips said.

Police have amassed hundreds of videotapes and photographs detailing riot activities.

And police were seeking up to 11 additional felony arrest warrants yesterday in their continuing investigation, said East Lansing Police Capt. Louis Muhn.

So far, police have arrested 30 people and arraigned 20. Eleven of those arraigned are MSU students. All arraignments for people arrested during the riot were expected to conclude today, said Nancy Moylan, court administrator.

She said four bench warrants have been issued for people who were arrested but did not show up for arraignment. The four men were from St. Clair Shores, Haslett, Lansing and Fowlerville.

Police also have fielded 416 tips from a telephone hotline and an Internet Web site form. The latter was removed on Tuesday after a security breach was discovered.

The breach was discovered after an e-mail message went out to an undetermined number of people that gave step-by-step instructions on how to access the tip forms people filled out to identify photographs of rioters.

Police set up the Web site on April 1 with photographs of people involved in the riot. The Web site has received more than 53,000 visits and has resulted in at least six people being identified to police, with some turning themselves in.

04-09-99

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