BUFFALO, N.Y. — A man accused of planting fake bombs in Buffalo last fall and who was under a court order to stay at the Veteran’s Administration Hospital while his case was pending, is due back in federal court Tuesday after leaving the facility over the weekend.
James Timpanaro is due to appear before United States Magistrate Judge H. Kenneth Schroeder Jr. at 3 p.m. Tuesday, for a “violation proceeding.”
The charges
Over the course of three days in late October of 2018, what appeared to be four pipe bombs were recovered in South Buffalo. Three of them were found at the Buffalo Police Department’s South District Station, and the other at a nearby U.S. Post Office.
According to an affidavit filed by an agent of the FBI who investigated the matter, “These devices had all the features of a homemade bomb, with protruding wires wrapped around a pipe-like instrument. … However, the devices were later determined to be "clear of hazard (nonhazardous devices).”
The device discovered at the post office at 2061 South Park Ave. was similar to those recovered at the Buffalo Police stationhouse, according to the affidavit but was “wrapped in white paper. Inside this white paper/wrapping were the words, 'RESIST COMMUNISM, THE POLICE STATE AND THE DEMOCRATIC PARTY,' written in black ink."
Within days, aided by surveillance video, the FBI arrested Timpanaro. Although the devices were duds, he was accused of perpetrating a hoax and charged under federal law with “conveying false and misleading information.”
According to court documents obtained by 2 On Your Side, Timpanaro was released from custody in mid-December, under the condition that he be placed into a residential treatment program at the V.A. hospital.
Court documents also indicate the V.A. (for reasons not stated) had rejected a request for Timpanaro to be placed into its care just a month prior.
Didn’t stick around
Last Friday another filing indicated the charges against Timpanaro were being put on hold until May, for a possible plea, once he finished the inpatient program which, according to his lawyer, was not expected to be completed for another three months.
One day later, on Saturday, Timpanaro left the hospital according to a relative who contacted WGRZ-TV over the weekend.
When we contacted Buffalo Police, they told us they hadn't been notified, and that when they tried to get information they were rebuffed by the V.A., which said it could not comment on the status of patients due to HIPAA regulations.
Buffalo police notified the federal probation officials, according to Captain Jeff Rinaldo, and by Sunday afternoon U.S Marshals had Timpanaro back into custody after locating him at an address on Dodge Street.
The V.A. told us that under federal privacy laws, it could not it could confirm or deny that Timpanaro was receiving care, but added its hospital is "unable to hold a person against his/her will unless the person is involuntarily admitted for psychiatric assessment and treatment. Any other course of care, is on a voluntary basis."
One thing that could be established at Tuesday’s hearing is whether Timpanaro’s hospital commitment was considered “voluntary” or “involuntary” in the eyes of the court.