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Judge to consider lifting restrictions on teen charged in Roy High bomb plot

Published: Wednesday, April 4 2012 12:17 p.m. MDT

Joshua Hoggan, right, charged with planning to bomb Roy High School, leave court in Ogden Wednesday, April 4, 2012, with his attorney Scott Nickle.

Joe DeLuca, Deseret News

OGDEN — A Roy teenager charged with planning to bomb Roy High School is doing well enough on home confinement that further liberties are being considered.

Judge Janice Frost on Wednesday set an April 17 hearing date for Joshua Kyler Hoggan, 16, to discuss his detention, any progress he has made and to determine if any restrictions currently against him will be lifted.

"Josh has been on home detention with electronic monitoring," probation officer Amy Muti reported to the 2nd District Juvenile Court judge. "(There have been) no violations. He has been attending counseling."

Hoggan — his hair cut short, wearing a shirt and tie and accompanied by his parents — told the judge that he is taking classes through "electronic high school" and is making progress. The judge said she is aware of the costs of the monitoring system and will consider removing some of the restrictions on the teenager.

"I appreciate that you're doing well, Josh, and abiding by the rules," she said.

Hoggan is facing a single charge of use of a weapon of mass destruction, a first-degree felony, in the juvenile court. He and classmate Dallin Morgan, 18 — who faces the same charge in adult court — were both Roy High School students when they were arrested Jan. 25 after a student at the school alerted officials of some disturbing text messages. Police said the pair was planning to bomb the school during an assembly and escape on an airplane they intended to steal from nearby Ogden-Hinckley Airport.

Investigators did not locate any explosives, but the elements of the charges against both Morgan and Hoggan include possessing, displaying, attempting to use, soliciting the use of, or conspiring to use a weapon of mass destruction, or that they assisted, encouraged or solicited someone else to do the same.

According to a police affidavit filed Jan. 26, Hoggan sent a number of text messages detailing the plan and explaining that he and Morgan wanted "revenge on the world."

Prosecutors are seeking to have Hoggan certified as an adult. A certification and preliminary hearing has been postponed until sometime in June to allow attorneys to review the evidence in the case.

"There are several hundred gigabytes of information (being processed)," defense attorney Scott Nickle said Wednesday. "At this point, I don't think both parties would be ready to proceed at a preliminary hearing level because there is an evidence issue."

Prosecutor Letitia Toombs also asked for the additional time to allow her to decide whether to ask for a second psychological evaluation.

"The psychological status of this case is very relevant — as we've argued throughout this — and we need to have those questions answered to have a full and fair picture," she said.

Hoggan's detention status will be discussed the April 17 hearing. A preliminary hearing for Morgan is scheduled for May 14.

E-mail: emorgan@desnews.com Twitter: DNewsCrimeTeam

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