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Prosecutors seek to dismiss charges in Kansas City airport bomb threat on Sept. 11 anniversary

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KANSAS CITY, Missouri — Federal prosecutors have concluded that a man accused of a bomb hoax at Kansas City International Airport on the 10th anniversary of the Sept. 11 terror attacks is neither competent to stand trial nor a danger to the community, so they filed a motion this week seeking to have charges against him dismissed.

Anthony Falco Jr., 50, has been in federal custody since Sept. 11, 2011, when he was accused of trying to carry bags filled with fake bombs through an airport checkpoint. During a K-9 sweep of his packages — all of which had the earmarks of an improvised explosive device — Falco started chanting Bible verses and said, "Father God America is going to go down," an FBI agent said at a hearing soon after Falco's arrest.

The terminal was shut down for several hours and at least two flights were canceled. A bomb squad later determined there were no explosives in his bags.

Falco was charged with making false statements to federal agents and trying to bring items simulating an explosive device through security.

Falco, whose last known address was in Pennsylvania, is schizophrenic, prosecutors said. His mother told investigators at the time of the incident that he had stopped taking his medications.

He was committed to the Federal Bureau of Prisons to determine if he could be made competent to stand trial, but even after he was forcibly medicated, doctors concluded that it was unlikely he could be restored to competency in the near future.

Prosecutors twice requested the bureau to conduct a "dangerousness evaluation" to see if he could be civilly committed, but both times evaluators determined his release would not "create a substantial risk of bodily injury" to others or damage to their property.

In seeking to have him released from prison last year, federal public defender Laine Cardarella argued in court that even if Falco were convicted of the two charges, he probably would have been sentenced to less than two years in prison.

In September, U.S. Magistrate Judge Sarah W. Hays recommended that the district court issue an order finding that Falco was not a risk to others and set him free.

Cardarella declined to comment on the prosecutor's motion, filed Thursday, as did Don Ledford, spokesman for U.S. Attorney Tammy Dickinson.

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