Motorist to make plea July 8 tied to car explosion in which his son was injured
Sack that blew up had 'several improvised explosive devices,' investigative report said
A motorist whose car exploded on the morning after the Fourth of July when explosives in a sack detonated, injuring his 4-year-old son and peeling back the vehicle roof, will make a plea on July 8.
The plea will be made by defendant Jacob Daniel Schell, 38, of Topeka, whose son was severely injured in the explosion. The plea will be made just three days after the first anniversary of the explosion.
Schell is charged with aggravated battery of a child, aggravated endangering of a child (reckless situation), criminal use of explosives, driving while his driver’s license was suspended, and an infraction requiring a child passenger to be restrained.
Details of the plea weren’t available on Thursday. The aggravated battery, child endangering and criminal use of explosives charges are felonies. The suspended driver’s license and child restraint counts are traffic infractions.
On Thursday, Gary Conwell, Schell’s defense attorney, arrived at the office of Shawnee County District Judge Mark Braun to schedule the plea hearing on July 8, then met with Schell in a Shawnee County District Court hallway.
A boy who is the age of Schell’s son was with him in the courthouse.
During a hearing on April 11, defense and prosecution attorneys told Braun they were making progress in plea negotiations to resolve the case, and two more hearing dates were scheduled.
Schell, who earlier pleaded not guilty to the five counts, was booked into jail on Sept. 2, then was released after a $10,000 professional surety bond was posted, a jail official said. Schell waived his preliminary hearing on Jan. 22 in district court.
The Chrysler 300 automobile Schell was driving blew up about 10:15 a.m. July 5 as Schell was driving south on the Oakland Expressway. The explosion peeled back the metal roof of the large car.
Schell’s son, Roman, who was 4 at the time, was injured when a sack containing explosives blew up in his lap, severely injuring the child, according to an affidavit obtained Sept. 22 by The Topeka Capital-Journal.
The sack contained “several improvised explosive devices,” the report by a special agent of the Office of the State Fire Marshal said.
The report quoted a Kansas Highway Patrol trooper’s report that said the child was seated in the front seat playing with a “little cap gun” purchased at a fireworks stand when a spark landed in the sack, and it exploded.
The child was hospitalized for seven weeks.