'Explosive device' brought to Pinellas jail rally was 'novelty device,' ATF finds

LARGO, Fla. - The state attorney is dropping the most serious charges against a man who deputies say was arrested with an explosive device at the Pinellas County Jail during a protest on January 6, 2022.

At the time of the arrest, Pinellas Sheriff Bob Gualtieri described 22-year-old Garrett Smith, who had no previous criminal history, as a "sleeper," saying, "those are the ones that are most concerning and the hardest to figure out."

But according to documents filed in court, and to Garret Smith's attorney, Smith did not have an explosive. 

Instead, investigators from the Bureau of Alcohol, Tobacco and Firearms said the device was a "novelty device" capable of emitting smoke, but not capable of exploding if ignited.

Nicholas Dorsten, with Blake & Dorsten P.A., said the devices were fireworks that had been stripped of their wrapping that identified them as such.

"He unwrapped it so it gave it better smoke effect. But there was no shrapnel. There's no nails. There was nothing dangerous added to it or any other explosive material added to it," Dorsten explained.

Pinellas-Pasco Assistant State Attorney Richard Ripplinger said despite the appearance of items found in Garret’s backpack and car, testing of the devices showed they were not illegal.

"When they tested it. It was just a mixture of sulfur and some other chemicals that, when ignited, it just smokes.  So under Florida statutes that that does not meet the definition of an explosive device."

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Back in January, the sheriff's office announced the arrest and released images of the items deputies allegedly found Smith carrying, including a black helmet, a "direct action checklist," and what they called a pipe-style explosive device. Additional items were found at Smith's house, including fireworks and four "grenade-type explosives."

Smith will no longer face charges of making/possessing a destructive device, but will still be prosecuted for prowling and loitering, according to court records.

"I don't know what he was doing there. I'm, as I kind of told my client, it’s not illegal to make poor choices, and I think that's maybe the most of what he did."

The Pinellas County Sheriff's Office said the investigation is active and ongoing.