Dartmouth man out on bail for fireworks explosion

Kevin Ruiz, 54, was released on a $500 bail in New Bedford District Court on Tuesday, Oct. 28 for two felonies and four misdemeanors.

On Tuesday, Sept. 2 around 1 a.m., Ruiz ignited a supply of fireworks materials in the garage he had been living in, which was allegedly caused by a cigarette. 

Ruiz was charged with possessing components capable of creating an explosive device, possessing explosives, three counts of wanton destruction of property over $1,200 and disturbing the peace. 

A not guilty plea was entered in for him and he accepted a court ordered attorney before being taken into custody. 

During his hearing, Ruiz’s attorney pointed out that in a previous Massachusetts case, Scione v. Commonwealth, incendiary devices were counted as predicated, which is a crime that contains the resources or some elements of a more serious crime. Because of this, Ruiz could face either a force or residual clause. The force clause covers any threat or act of physical force, and the residual clause covers any substantial risk from physical force. 

The judge decided that the residual clause did not apply because it’s “unconstitutionally vague,” and that force did not apply as the explosion caused by Ruiz was not intentional or reckless, and so he was committed without force. 

Ruiz will return to the New Bedford District Court on Tuesday, Dec. 23 for a probable cause hearing.

The public defender entered into evidence five photos showing the extent of the damage. He asked for $100,000 bail and that Ruiz not be allowed to own firearms or incendiary devices, but the judge decided on $500 and the condition of not owning incendiary devices.