Judge: Bomb remark 'stupid'

A Carson City man said Wednesday he was frustrated at being told there were no surveillance cameras in the neighborhood near the Governor's Mansion and his comment about leaving explosives there was meant to be sarcastic - not a threat.

But a Justice Court judge said David Clary's remark was "stupid."

"To even mention that is about the dumbest thing I've heard of in the nine years that I've sat on the bench," said Justice of the Peace John Tatro in accepting David Clary's plea to misdemeanor improper use of a telephone. "What I don't believe is how stupid you were to even mention that."

Clary, 47, called Capitol Police at the Governor's Mansion on Mountain Street about 5 p.m. Saturday to ask if they had video surveillance of the street in front of the mansion. According to Deputy District Attorney Chris Hicks, Clary hoped an assault on his daughter would have been captured by the cameras.

"Based on his impression there was constant surveillance at the mansion, he believed someone must have seen his daughter," Hicks said.

When the Capitol Police officer said there were no such video coverage, Clary said, "This is not a bomb threat, but how hard would it be to leave a bomb on the front porch of the mansion and then leave," according to the arrest report.

"In this day and age that was an incredibly stupid thing to say," Hicks said in explaining his offer to Clary of the lesser charge, "But it doesn't necessarily rise to the level of terrorist threat."

Clary was arrested Saturday at a room at a North Carson Street motel after police traced the call there. He was held without bail on suspicion of felony terrorist threats and bomb threats.

Public Defender Steven McGuire said Clary was sorry for the "alarm" he'd caused.

"When the officer told him there isn't any surveillance, he felt he was being lied to or put on. He was indignant because he felt someone must have watched his daughter being beaten up and didn't intervene," McGuire said.

"Mr. Clary was intoxicated and he was angry. He certainly should have sobered up to deal with the very emotional situation," he said. "He's very sorry to have alarmed the Capitol Police officer."

Clary was able to briefly address what he said on the phone before Tatro cut him off.

"I'm being misquoted," he said. "What I said was, 'I find it hard to believe I could load up my SUV with explosives and get that close to the Governor's Mansion.'"

"They don't (watch) the whole neighborhood," Tatro said. "But believe me, if someone were to get close to the mansion, they would know."

He sentenced Clary to one year supervised probation, 48 hours of community service and alcohol and anger evaluations. Tatro also sentenced Clary to 176 days in jail suspended and he must stay 100 feet away from the mansion, Capitol and surrounding property for a year.

"This made no sense and I got a feeling none of this made any sense because you were drunk," Tatro said.

Contact F.T. Norton at ftnorton@nevadaappeal.com or 881-1213.