Des Arc man admits to count tied to pipe bomb

Explosive located on shelf in bedroom in police search

A Prairie County man pleaded guilty Tuesday before U.S. District Judge Billy Roy Wilson to one count of possession of an unregistered destructive device.

Seth Allen Kidwell, 23, of Des Arc was arrested Nov. 7, 2018, by Des Arc patrol officer Andrew Childers, who was conducting a parole search at the home of Alex Thomas. According to an arrest affidavit filed in Prairie County Circuit Court-Northern District, Kidwell, who was living at that home, answered the door and was arrested when the officer recognized him as having an outstanding misdemeanor warrant. While searching the home, Childers discovered what appeared to be a pipe bomb on a shelf in Kidwell's bedroom.

Police found a second bomb in a bedroom that belonged to Alex Huffstickler, the affidavit said. That bomb -- labeled "pipe b" -- was found wrapped in a towel along with several other pipes similar to the one found in Kidwell's room. A thorough search of the house by Arkansas State Police bomb squad officers and federal Alcohol, Tobacco and Firearms agents found that the two bombs were live and that several more in the house had not been activated.

Kidwell and Huffstickler -- both of whom told police that Thomas had no involvement with the bombs -- were charged with possession of explosives, along with charges related to marijuana and drug paraphernalia that were discovered during the search. Both men were indicted by a federal grand jury on May 8, 2019, on charges related to the explosives. The next month, citing the federal indictment, Prairie County prosecutors dismissed the state charges against the two.

On Sept. 3, 2020, Huffstickler, 24, pleaded guilty before Wilson to one count of possession of an unregistered destructive device. In exchange, the government agreed to dismiss a charge of making an explosive device. On Jan. 29, Wilson sentenced him to 15 months in prison to be followed by two years of supervised release.

On Tuesday, Kidwell, who has been free on pretrial release, walked into Wilson's courtroom with several family members and his attorney, Arkie Byrd of Little Rock.

After asking Kidwell several questions, Wilson asked for assistance with his courtroom monitor, explaining that it would allow him to see the transcript notes provided by the court reporter in real time.

"I'm a little hard of hearing," he said to Kidwell. "Or, as we say in Scott County, where I'm from, I'm a bit deef."

After ruling that Kidwell was competent to proceed with the plea hearing and that the defendant was satisfied with Byrd's representation, Wilson's attention turned briefly to the courtroom gallery.

"Is this your family here with you?" he asked Kidwell, gesturing toward a man and two women sitting in on the hearing.

"Yes, sir," the defendant answered.

"I'm glad to see that they're here," Wilson said. "Family support is a good thing."

Wilson summarized the charges against Kidwell, which he said had a maximum penalty of 10 years in prison, three years of supervised release, a $10,000 fine and a $100 mandatory special assessment.

"Did you say $250,000 fine or $10,000 fine?" asked Assistant U.S. Attorney John Ray White, who is prosecuting the case.

"Mine says up to $10,000," Wilson said. "What is it?"

White looked through some documents briefly, then turned back to the judge.

"Let's just go with yours because I don't think we're going to go above $10,000 anyway," White told Wilson.

Wilson then explained to Kidwell his rights and what rights he would be giving up with a guilty plea.

"A plea of guilty is the strongest proof known under the law," Wilson said.

After the judge's explanation of Kidwell's rights should he wish to go to trial and which of those rights he would be forfeiting under the terms of the defendant's plea agreement with the government, Wilson asked the defendant if he wanted the judge's approval of the agreement. Kidwell answered affirmatively.

"I reserve the right to withdraw my approval if something comes up in the pre-sentencing report or otherwise," Wilson said. "But if I withdraw my approval I'll give you the opportunity to withdraw your plea of guilty."

After White's account of the facts that the government believed could be proven at trial, Wilson called Kidwell and Byrd back to the lectern.

"Do you have any questions you want to ask me?" he asked Kidwell. "Do I recess and talk to your lawyer some more before I ask you how do you plead?"

"No, sir," Kidwell answered.

"How do you plead?" Wilson asked.

"Guilty."

"Is that because you are in truth and in fact guilty?" Wilson asked.

"Yes, sir," Kidwell said.

Wilson then accepted Kidwell's plea, finding him guilty of possession of an unregistered explosive device. Under the terms of the agreement, White moved to dismiss the charge of making a destructive device.

Wilson set Kidwell's sentencing for Nov. 17 at 1:30 p.m.

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