GOLD BEACH – His defense attorney on Thursday unsuccessfully argued for a conditional release and then a reduced bail for Patrick Edward Fitzstephens, charged with placing a dangerous explosive chemical in the Curry Public Library’s book return chute, which burned a man who was returning videos.

“This was a practical joke gone wrong,” attorney Nathan Garcia said in Curry County Circuit Court. “Everybody knows there was no malice whatsoever.”

Garcia argued that Fitzstephens, 50, is a fixture in the county, born and raised here, and is not a flight risk.

“He owns property in Curry County and some in Douglas County,” Garcia said.

After Fitzstephens was arrested and charged with first-degree arson, unlawful manufacture of destructive device and assault in the third degree – all felonies – security was set at $550,000.

Police were called to the library about 1 p.m. Monday, with the fire department arriving shortly afterward.

Police Chief Dixon Andrews said that when the man returning the videos pulled down the handle to the book return chute outside the library, “it went off like fireworks.”

Andrews said police worked into the night on Monday and identified a suspect.

“We found additional evidence to call in technicians. They came over today, along with an FBI agent,” Andrews said late Tuesday.

A camera inside the library pointed out the front doors toward the chute provided some of the evidence.

“We obtained search warrants for two locations in Gold Beach, for a person and a vehicle,” Andrews said.

“The evidence related to manufacturing a destructive device,” he said.

Fitzstephens was taken to the Curry County Jail.

“Evidence recovered at the scene tied him to the incident,” Andrews said. 

The victim was burned on the hand. There was little damage to the library property, but several patrons were inside when the explosions occurred and were frightened.

“This is arson in the first degree because of the explosive,” Andrews said. “It could have caused some serious injury.”

Fitzstephens was arraigned Wednesday morning, then was in court on Thursday for first appearance with his attorney, who first asked for a conditional release.

“He has no criminal history for the past 20 years,” Garcia said. “He’s lived a responsible life and taken care of his responsibilities.”

Garcia said that Fitzstephens wanted to go to Eugene for Christmas to meet his girlfriend’s parents.

Judge Cynthia Beaman said that the arson charge is a Measure 11 offense, which does not allow a release without bond.

Garcia then asked for a bail reduction hearing, which was held the same morning.

Fitzstephens’ sister and several acquaintances spoke to the court.

“He was born in Myrtle Point and lived in the three-county area all his life,” his sister, Molly Perkins, said.

The judge was told that Fitzstephens’ mother lives in Curry County, in a nursing home.

“He’s responsible for her bills, does errands for her. He’s decorated her room for Christmas.”

Tamie Kaufman of All Access Management said Fitzstephens rented from them and came by their office regularly.

“I saw him being cooperative to police. I don’t see him being a danger to the community,” she said.

His girlfriend, who said she had known him for six months, said it was important for Fitzstephens to go to Eugene to meet her parents.

Deputy District Attorney Jake Conde said that while Fitzstephens’ family and friends may not feel he is a danger, patrons of the library when the device went off would not agree.

“The library was full of people concerned they were targeted personally,” Conde said.

Conde said that while the friends and family thought him virtuous, others felt their personal history with Fitzstephens “would be somewhat different. He has not been a wonderful friend to them.”

Beaman said that with the $550,000 security set, Fitzstephens could be released by posting 10 percent of that, or $55,000.

She said she would leave bond as set, that Fitzstephens has enough money to post bail.

Fitzstephens posted bond later in the day and was released.

After arriving at the library on Monday afternoon, Chief Andrews began calling explosive experts and was eventually directed to the state police.

“We believe people used red phosphorus mixed with a chemical, mixed it into a paste and applied it,” he said. “Once the paste dries, it becomes an explosive.”

He said the resulting substance can be quite dangerous.

“These devices, years ago, were used in meth labs as a booby trap. They put it on doors and when police came down, it would explode,” Andrews said.

He said the substance at the size of a golf ball could have caused some serious injury.

“Someone had to be careful putting it on or it could have blown a finger off,” Andrews said.

Officers took brushes, pulled them along the chute opening and heard several small pops. Then an officer touched a site near one side and there was a loud bang.

“We got a hose and washed it out. Just water hitting the substance went ‘pop pop pop,’” Andrews said.

The arson charge is a Class A felony. The manufacturing and assault charges are Class C felonies.