Feds testify ex-Texas State student could have been next mass shooter or bomber but San Antonio judge orders him sent home

Benjamin Bogard, under investigation by FBI counter terrorism agents, is taken back to jail after a bail hearing at San Antonio's federal courthouse on Thursday, Feb. 22 2019. Benjamin Bogard, under investigation by FBI counter terrorism agents, is taken back to jail after a bail hearing at San Antonio's federal courthouse on Thursday, Feb. 22 2019. Photo: By Guillermo Contreras Photo: By Guillermo Contreras Image 1 of / 23 Caption Close Feds testify ex-Texas State student could have been next mass shooter or bomber but San Antonio judge orders him sent home 1 / 23 Back to Gallery

A former Texas State University student now behind bars could be home as early as next week after a federal judge in San Antonio ordered him released to his parents over the vigorous objections of FBI agents who testified he could be the country’s next mass shooter or bomber.

Benjamin Bogard of New Braunfels created “disturbing” videos in which he embraced white supremacy, said he wanted to kill minorities and discussed obtaining a chemical substance to make a bomb, according to testimony before U.S. Magistrate Judge Henry Bemporad on Thursday.

FBI agents contend Bogard could have engaged in mass violence had they not stepped in and arrested him earlier this month on a child pornography charge over images that were found on his cell phone.

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But the 20-year-old told FBI agents he never intended to follow through with the mass violence he discussed on his social media posts and that they were simply part of an online fantasy to gain attention and “likes” from followers.

Federal authorities aren’t buying that.

“He said he wanted the attention,” Assistant U.S. Attorney Tracy Thompson told the judge. “That’s why people go shoot up churches, to get attention.”

Bogard dropped out of the university on the first day of classes for the fall 2018 session and took action that could have been a forerunner for violence, Thompson said, buying a van and shotgun.

At Thursday’s bond hearing, Bemporad also heard from Bogard’s father, who said he had no idea what his son was doing.

“He’s a good kid, a good son, has always done well in school,” testified Robbie Bogard, an Air Force veteran who now works as a civilian for the military.

“We always knew there was a secretive side to him,” the elder Bogard told the judge. “We didn’t know all that that involved.”

Robbie Bogard said he and his wife would see to it that their son gets counseling and mental health treatment.

In the end, Bemporad denied the request from the FBI and federal prosecutors to keep Bogard locked up, instead granting him unsecured bail of $75,000. The judge did include numerous restrictions — including no Internet access, mental health treatment, electronic monitoring, among other conditions — that “will reasonably assure the safety of the community.”

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The judge then stayed his order until Monday as preparations are made at Bogard’s parents’ home for his release.

Prosecutors could file an appeal to block his release.

Bogard came to the attention of the FBI in early November after a Crime Stoppers tipster in Albany, New York, reported posts on an Instagram account and other social media from someone who appeared to be a member of the neo-Nazi group, Atomwaffen Division, an FBI counterterrorism agent testified.

In one post on the Instagram account, the user is seen firing a shotgun in a wooded area with a mask of a skull covering half his face.

Agents traced the Instagram account to Bogard and he agreed to turn over his cell phone, an FBI agent testified, and after analyzing its contents, agents found a trove of other videos, online chats with others and postings on other social media accounts that made the agents even more concerned.

Bogard’s lawyer, Michael Morris, downplayed the posts and videos, noting that Bogard allegedly made nonsensical statements — allegiance to Hitler while at the same time praising Allah and never followed through on any of the violent rhetoric.

Morris also pointed out that Bogard has no criminal record and that none of the postings or acts — other than the child porn images found in his phone — was a crime.

To find out more about the messages and homemade videos Bogard posted online and how he was discovered, go to expressnews.com

Guillermo Contreras covers federal courts in San Antonio and international legal issues. Read him on our free site, mySA.com, and on our subscriber site, ExpressNews.com. | gcontreras@express-news.net | Twitter: @gmaninfedland