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Judge Nixes Bail For Felon In Polk County's Fake WMD Case

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By JENNIFER LEIGH of News Channel 8 and ELAINE SILVESTRINI of The Tampa Tribune

Published: June 12, 2008

Updated: 06/12/2008 03:58 pm

BARTOW - A felon accused of possessing a hoax weapon of mass destruction will be held without bail, a judge in Polk County ruled this afternoon.

Hiram Melvin made his first appearance before Judge Keith Spoto, who appointed the public defender's office to represent Melvin because Melvin said he could not afford to pay a lawyer.

Melvin, 56, of 2850 New Tampa Highway, was arrested Wednesday afternoon after deputies found what appeared to be a rocket launcher in the trunk of his car, according to the Polk County Sheriff's Office.

A tipster told authorities that Melvin might have guns in his car. Deputies went to his job at 1301 Memorial Blvd. about 2:30 p.m. and asked to search his 1979 Buick Riviera. He agreed, the sheriff's office said.

A weapon that looked like a homemade rocket launcher and a fake rocket projectile were found in the trunk along with a .22-caliber bolt-action rifle and silencer, the sheriff's office said.

When the state fire marshal's office and bomb squad members investigated, they determined the rocket was not real, Judd said.

Melvin was charged with possession of a hoax weapon of mass destruction, being a felon in possession of a firearm, being a felon in possession of a Class 3 device -- the silencer -- and violation of probation.

Professor Charles Rose at Stetson Law School said he doesn't expect the hoax weapon of mass destruction charge to stick.

"This charge is going to go away," Rose said. "They're going to get him for the weapon he actually had in his car."

The mass destruction charge poses too many problems, Rose said. For one thing, the statute defines weapons of mass destruction as devices that can release toxic or poisonous chemicals or their precursors.

Rocket launchers typically are designed to pierce armor, Rose said, not spread chemicals. Another problem is the fact that authorities have not indicated they have any evidence Melvin planned to use the device to fool anyone into thinking it was real.

Although the law doesn't require intent to use a hoax device, Rose said, the courts probably will require that intent be proved.

"I think the prosecutor, when push comes to shove, will say, 'This is too much trouble. Why bother?' This statute is intended to protect folks from actual or perceived attacks of mass destruction. That's not what's going on here. What we actually have here is a convicted felon who's being stupid, and that tends to happen. It's gotten blown out of proportion."

Michael Dunn, owner of Vets Surplus Store in Lakeland, said customers who saw media reports of the Melvin arrest were worried they could be arrested for some of the items they purchase in his store. He said such items are fairly common among World War II re-enactors and military collectors.

"Pretty much anybody who's been in the military likes to have a dummy hand grenade or some sort of rocket or something that reminds them of their days in the military," he said.

Sheriff's Chief Gary Hester said people who possess collectibles that are legal will have no trouble and run no risk of getting arrested. He said Melvin's situation is a "clear case where a convicted felon is in possession of a working firearm, a homemade launcher and a projectile/rocket that is not operational." He says he is not aware that Melvin made any threats to anyone.

Assistant State Attorney Chip Thullberry said he wouldn't speak specifically about this case because it isn't "on their desk" officially yet.

Melvin was on probation after pleading no contest in 2004 to felony charges of dealing in stolen property, larceny and other charges, according to Florida Department of Law Enforcement records.

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