Judge Denies Bail For USF Student

By ELAINE SILVESTRINI The Tampa Tribune

Published: Oct 26, 2007

TAMPA - A University of South Florida student charged with transporting explosives will not be released on bail, a federal judge ruled Thursday.

In ruling that Youssef Megahed poses a flight risk and a danger to the community, Judge Steven D. Merryday overturned a Sept. 14 ruling by federal Magistrate Elizabeth Jenkins, who said the defendant could be released on $200,000 bail under strict conditions.

Merryday wrote in a 25-page ruling that no conditions would stop Megahed if he "wants to blow something up or cause a disturbance … I am unwilling at the prospective cost of property damage, injury or death to assume he will not do so."

Megahed's attorney, public defender Adam Allen, said, "We respect the court's ruling, but are disappointed. We are going to review our options, including the possibility of an appeal."

Megahed, 21, was arrested Aug. 4 in South Carolina, along with fellow USF student Ahmed Mohamed, 26, after deputies said they found explosives in the trunk of the car in which the two men were riding. The car, registered to Megahed's brother, was being driven by Mohamed.

Mohamed has waived his right to a bail hearing. Both defendants are Egyptian nationals; Megahed is a legal permanent resident and Mohamed has a student visa.

Both are charged with illegally transporting explosives. Mohamed also is charged with trying to help terrorists by teaching or demonstrating the use of explosives. Authorities say Mohamed posted a video to the Web site YouTube in which Mohamed showed how to use a remote-controlled toy to detonate a bomb.

No 'Wholesome Explanation'

"The evidence fails to establish or even suggest any innocent or wholesome explanation for the events that led to Megahed's arrest," Merryday wrote.

"Guns, explosives, fuses, canisters of gasoline, ammunition, welding equipment, GPS devices, all-night interstate drives to an unstated and indeterminate destination, stops to check gun prices and availability, and computers with a recent history of visits to sites that feature the advocates and the means of violence are not attributes that a disinterested but cautious observer associates with a safe and tranquil citizen of the community," the judge said.

"Rather, a person about whom these attributes are discovered is a person whose means, motive and degree of determination are unknown and unpredictable and who is highly suspicious and threatening."

Merryday also concluded Megahed does not have strong ties to the community.

Noting the defendant moved to the United States about 10 years ago and to Tampa four years ago, the judge listed Megahed's different residences and the fact that he and his family live in a rental home. "Only since 2007 has Megahed begun employment, first (and only briefly) at an automobile dealership and afterward at a mental health service as a $10-per-hour 'technician.'"

The judge said Megahed has a $3,000 balance in his checking account, but his parents do not require him to contribute to household expenses. "Neither Megahed's father nor his mother works outside the home, but the family enjoys 'substantial business ties and interests in Egypt.'"

'Peculiar' Video, Toy Boat

Merryday said he gave little or no weight in making his decision to a video the prosecution offered of Megahed's brother, Yahia, making faces and gestures when he had gone to visit his brother in jail.

The defense said Yahia Megahed was aping for a camera while he waited for his brother, who was in his cell and unable to view him at the time. The judge also said he didn't consider the fact that investigators found a remote-controlled toy boat in the Megahed home.

"I find none of these matters compelling or deserving of weight in considering Megahed's detention (although the Falkenburg video is mightily peculiar and the remote control toy is a provocative coincidence)," the judge wrote.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.