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Jury Acquits Former USF Student On Explosives Charges

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By ELAINE SILVESTRINI

esilvestrini@tampatrib.com

Published: April 4, 2009

TAMPA - Nearly 20 months after he was first thrust into the national spotlight as a potential terrorist, Youssef Megahed gave a serene smile when a federal jury acquitted him Friday afternoon of federal explosives charges.

"I'm very happy," he said of the verdict. Asked if he was surprised, he said, "No, not really. I was expecting a not guilty. The government did not prove anything in its day in court."

The former University of South Florida student, who was one course short of attaining his degree when he and a friend were arrested in South Carolina in 2007, said he now plans to complete his studies.

"Back to USF, if they'll let him in," said one of his attorneys, public defender Dionja Dyer, "and get on with his life."

Megahed, 23, could have faced up to 20 years in federal prison if convicted of illegally transporting explosives and possession of an explosives device.

Although Megahed never explicitly faced a terrorism charge, federal prosecutors said the case was implicitly about terrorism.

Co-defendant Ahmed Mohamed pleaded guilty to helping terrorists and is serving 15 years in federal prison for posting on YouTube a video in which he demonstrated how to use a remote-controlled toy to detonate a bomb.

Megahed and Mohamed are both from Egypt. Megahed is a legal, permanent resident, who has been in this country with his family since he was 11; Mohamed had been here on a student visa for about six months when the pair were first arrested Aug. 4, 2007.

They were near Goose Creek, S.C., with Mohamed behind the wheel of a car owned by Megahed's brother, Yahia, when deputies pulled them over for a traffic infraction. The officers said they found pipe bombs in the trunk.

Mohamed said the 4-inch plastic pipes stuffed with a mixture of sugar and potassium nitrate were homemade fireworks.

Megahed's defense attorneys said he knew nothing of the devices, which were intended to propel model rockets.

The FBI determined the items were not pipe bombs but instead were "low explosives." Prosecutors argued they could be easily modified, in combination with a partially filled gasoline can and safety fuse found in the trunk, to become dangerous.

The defense maintained the two were just college buddies on a road trip to see the beaches of the Southeast. The prosecution, noting the pair were stopped about seven miles from a Navy weapons base where an enemy combatant was jailed, suggested they were planning something sinister.

Jurors, who deliberated about 22 hours over four days, struggled with just how much responsibility to attribute to Megahed. Late Friday morning, they sent a question to the judge: "Does a guilty verdict require a finding that the defendant was a knowing and willful participant in the crime, or is a finding of knowledge that a crime was being committed sufficient?"

District Judge Steven Merryday, after consulting the attorneys, told jurors that if they found Megahed was directly responsible for the offense, they only need find he acted knowingly. If he aided or abetted Mohamed, to convict him, they must find he was a knowing and willful participant.

Family Knew He 'Is Innocent'

After the verdict, Megahed's mother, Ahlam, wept, but she said she wasn't surprised.

"I know my son is innocent," she said. "The jury is good. The jury is fair."

Assistant U.S. Attorney Robert Monk said, "We respect the jury's verdict when we prevail in a case. We respect the jury's verdict when we do not prevail. It's clear they deliberated and paid close attention to the evidence over several days. We respect their role and we respect their decision."

The defendant's father, Samir Megahed, who came to the three-week trial every day with his family, said he also was not surprised at the verdict. "I am waiting for this from the beginning," he said. "My son didn't do anything wrong."

After the verdict, Samir Megahed shook the hands of at least one of the prosecutors and an FBI agent. He later asked to meet with the judge, who came into the courtroom and shook his hand, as well. Samir then brought his son to shake the judge's hand.

"I hope he does well from here on out," Merryday said.

Outside the courthouse, Yahia Megahed, 26, said those watching this case should learn that "they shouldn't judge people just because of where they come from or their origin. They should look at the real evidence."

Yahia said his brother hopes to get his degree "and continue his life as an engineer."

Celebratory Trip Planned

USF spokeswoman Lara Wade said she couldn't comment on the likelihood Megahed, or any specific student, would be admitted to the university. She said he is not currently enrolled and would have to meet admission requirements before he could be allowed to attend USF.

Samir Megahed said the family planned to celebrate by going to the beach for a week, but not in South Carolina. Laughing, he said, "I'll never go to South Carolina again." Then he added he was joking.

Asked what he thought of Mohamed, Youssef Megahed said, "I have no specific comment to make."

Public defender Adam Allen said the message of the case is, "The system works."

"At least it did for Youssef Megahed," public defender Dyer said. "It doesn't for everybody."

Samir Megahed said he wanted to thank Allen, Dyer and "also the jury, chosen from the American people, who chose the right end for the story."

News Channel 8 reporter Samara Sodos contributed to this report. Reporter Elaine Silvestrini can be reached at (813) 259-7837.

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