Conviction upheld of Tucson man who ignited chemical bomb

The conviction of a man who ignited a chemical bomb in an attack on a former customer has been upheld in the 9th Circuit Court of Appeals.

Tucsonan Todd Russell Fries was convicted in separate federal trials in 2012 and 2013 of unlawful possession of unregistered destructive devices, using prohibited chemical weapons and one count of making false statements to law enforcement.

Fries, 52, sought to have the appeals court overturn the chemical weapons and lying to federal law enforcement charges, arguing the district court wrongly denied his motion to preclude introduction of some evidence seized at his house.

He also argued the district court should have included an alternative jury instruction specific to the false statements charge.

“I think it was absolutely right to uphold it,” said Myles Levine, who with his wife, Karen, was the victim of Fries’ crimes.

In 2008, the Levines hired Fries to resurface their driveway. Fries owned a company called Burns Power Washing at the time of the incident.

The Levines were dissatisfied with Fries’ work and stopped payment on a $200 check they had given him.

Shortly after the dispute, the Levines’ home was vandalized with oil and paint dumped on the driveway and walkway, and swastikas painted on the house. The carcasses of several animals also were strewn around property.

The Levines moved to a new home after the first incident.

Back to homepage

Subscriber Login

Keep reading with a digital access subscription.

Subscribe now

In 2009, they were again the victims of a similar attack. The second attack, however, included a chlorine bomb set ablaze at the Levine’s home on the northwest side.

The bomb created a chemical gas cloud that forced the evacuation of much of the neighborhood.

In addition to the chemical bomb, the windows, doors and garage door at the Levines’ home were sealed shut with expanding foam.

“He gets what he deserves,” Karen Levine said.

Fries was sentenced to more than 14 years in prison for the chemical weapons and other charges.

“He got off a lot lighter than he should have,” Myles Levine said.

In April 2014, Fries was indicted in Pima County Superior Court in a 27-count indictment that includes two counts of attempted first-degree murder, kidnapping, aggravated assault, endangerment, arson of an occupied structure, burglary, criminal damage, obstructing a criminal investigation and cruelty to animals.

He’s scheduled to stand trial on those charges in July.