The case against a man charged with arson for allegedly igniting a bomb outside the Jackson County District Attorney's Office last month so he could miss a sentencing will be prosecuted only in federal court.
Federal prosecutors have filed a charge of malicious destruction of property by explosion in U.S. District Court against Alan Leroy McVay, making state prosecution for the same alleged crimes moot, according to the DA's office.
The DA's office announced Monday that it dropped the state case against McVay and his indictment has been dismissed.
When cases go from state to federal court, it is common that the state drops its case. Having McVay prosecuted federally also resolves any potential conflict of interest because the DA's office is considered the victim in the bombing, prosecutors said in a news release.
Although Medford Police Department is the lead agency, the FBI and other federal agents have worked with Medford investigators on the case.
McVay, 46, is accused of taping a small pipe bomb to a propane tank, lighting the pipe bomb on fire and throwing it at a window of the DA's office in Medford before dawn Nov. 13. The bomb broke windows but did little other damage, as the propane tank itself did not explode. A tip led police to McVay, who was arrested Nov. 20.
An FBI agent's affidavit states that McVay told police he set off the bomb so he could miss a Nov. 14 court date during which he was set to be sentenced to 36 months in prison on burglary and other charges in a plea deal.