SALT LAKE CITY - The government has dropped the most serious charge against the 18-year-old Provo man accused of setting an arson fire at Brigham Young University, and a federal judge has allowed him to leave the state until his trial.

The government decided to scrap the count accusing Harrison David Burrows of using a destructive device, which carries a 30-year sentence, said U.S. attorney's office spokesman Stephen Sorenson. The decision came after prosecutors reviewed available evidence.

He said federal prosecutors will continue to review the case, and could reinstate the charge later.

Burrows now only faces a charge of destruction of property by fire for the July 8 blaze at BYU's Ellsworth Farm that caused about $30,000 damage. According to an FBI affidavit, he allegedly took responsibility for the destruction in the name of the Animal Liberation Front.

He faces five to 20 years if convicted. He pleaded not guilty Thursday.

According to court documents, Burrows lived with several like-minded people in Provo after his parents recently moved to West Virginia.

U.S. Magistrate Brooke Wells on Thursday told Burrows he had the choice of remaining in jail until his Sept. 27 trial, or he could live with his parents - and under strict rules - in West Virginia.

"You are not going to return to Provo to live with the people you previously lived with," she said.

Burrows said he would "very much appreciate the opportunity" to return to living with his parents.

"I promise you there will be no misconduct," he said.

However, Assistant U.S. Attorney Rob Lunnen said his office may appeal Wells' decision. She delayed Burrows' release until 1 p.m. Friday to give prosecutors time to file an appeal with U.S. District Judge David Winder.

If Burrows is allowed to leave the state, he will be under house arrest with electronic monitoring. He will only be allowed to leave the house to work, and he must get a full-time job.

He also cannot use a computer, possess firearms or destructive devices or contact the ALF or any of its members.

Burrows allegedly confessed that he set fire to a considerable amount of cardboard at the BYU farm on July 8, according to the affidavit filed by FBI agent Steven Fillerup.

Burrows also told Fillerup that an accomplice set fire to two garden tractors, and both spray-painted pro-ALF graffiti.

He also told the agent that he called a Salt Lake City television station and took responsibility for the fire in the group's name, according to the affidavit.

Burrows also took responsibility for other vandalism at BYU, which included freeing caged rabbits and birds from an on-campus farm. He has not been charged in those incidents.



Copyright Brigham Young University 30 Jul 2004