BYU fire suspect may be released

The young man accused of setting fire to a Brigham Young University animal science facility may be allowed to live with his father in West Virginia pending trial in his federal case. But prosecutors say they will ask that he not be allowed to leave Utah.

U.S. Magistrate Brooke Wells ruled Thursday that Harrison David Burrows could be released from the Salt Lake County Jail this afternoon into his father's custody. If allowed to leave, Burrows must wear an electronic monitoring device at all times, maintain full-time employment and is forbidden from owning any type of destructive device.

Prosecutors said they will likely appeal Wells' decision to U.S. District Judge David Winder, the district court judge assigned to the case. Assistant U.S. Attorney Robert Lunnen argued that the seriousness of the crime, which he termed a "domestic terrorism arson," warrants Burrow's continued detention.

"The nature of this offense is very serious," Lunnen said, adding that Burrows also poses a possible flight risk because he has no family in the state and has lived in Utah for only a couple of years.

Wells ordered that Burrows not be released until 1 p.m. today to allow prosecutors time to challenge the decision.

According to court documents, Burrows, 18, has admitted setting fire to a pile of cardboard bales in a recycling area of the university's Ellsworth Farm in the name of the Animal Liberation Front, a militant animal-rights organization.

The July 8 fire spread to two tractors and ultimately caused approximately $30,000 in damage.

The blaze was the third attack on the farm since May. In each incident, perpetrators left behind spray-painted messages indicating they were involved with the ALF, freed several animals and damaged BYU vehicles, documents say.

Grand jurors indicted Burrows Wednesday on one count of destruction of property by fire, which carries a minimum mandatory five-year prison sentence.

Burrows pleaded not guilty to the charge Thursday and assured Wells he would behave himself in West Virginia.

"I promise you there will be no misconduct," he said.

Prosecutors dropped a second, more serious charge, filed earlier this week, of use of a destructive device during the commission of a crime. That count carried a 30-year minimum sentence.

Burrows' father and grandmother attended Thursday's hearing, along with about a dozen of his friends and co-workers, to show support for the 18-year-old cosmetology student.

"I find it hard to believe that anyone could possibly conceive of Harrison as a terrorist," said David Hurtado, Burrows' employer at a Utah County scooter store.

Hurtado described Burrows as a hard-working and responsible employee who he knew "had really strong feelings about animal-cruelty issues" but who never preached his beliefs to his fellow workers.

"I really personally think that he's facing such a stiff penalty for an act of teenage vandalism," Hurtado said. "Given the opportunity, he could probably do a lot of good for his cause."

The BYU fire came just three weeks after a three-alarm blaze at a West Jordan lumber yard, which is also believed to have been set in the name of an ecoterrorist organization. Members of the Earth Liberation Front have claimed responsibility for that fire, which caused approximately $1.5 million in damages.

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E-mail: awelling@desnews.com