Man pleads in federal case surrounding fireworks death of Mt. Healthy man

The man sold explosive display firework to a Mt. Healthy man who later died.
Man pleads in federal case surrounding fireworks death of Mt. Healthy man
Published: Sep. 13, 2022 at 4:51 PM EDT
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CINCINNATI (FOX19) - An Indiana man pleaded guilty Tuesday in a federal case related to a deadly fireworks incident, according to U.S. Attorney for the Southern District of Ohio Kenneth Parker.

Glenn Powell, 63, lived in Mt. Healthy. He died after being struck in the head by fireworks on the Fourth of July 2020.

In May 2021, a federal grand jury sitting in Cincinnati indicted Paul Eberhard, 64, of Shelbyville, Indiana, on charges of distributing explosive material to a person without a permit or license and dealing in explosive materials without a license.

Eberhard admitted in his plea that he sold Powell the firework from which he died, a so-called “display firework,” according to the DOJ.

Display fireworks, as opposed to “trick fireworks” and “consumer fireworks,” are aerial shells fired from mortars designed to produce visible or audible effects by combustion, deflagration or detonation. Aerial display fireworks can contain more than 130 milligrams of flash powder.

Under federal law, a person must have an ATF explosive license or permit to receive or use display fireworks.

Eberhard had an ATF explosive permit. Each time he renewed it from 2008-21, he affirmed that it was against federal law to distribute display fireworks to anyone who does not have an ATF license or permit.

Powell did not have an ATF explosive license or permit, per the DOJ.

Eberhard pleaded guilty to distributing explosive material, and the charge of dealing in explosive materials was dropped.

Distributing explosive materials to a person without a permit or license is punishable by up to 10 years in prison.

MORE | Ohio’s new fireworks law goes into effect; here’s what you need to know

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