MIDLAND - New developments involving a U.S. Army Sergeant found with explosives in his carry-on at Midland International.
NewsWest 9 has learned the U.S. Attorney's Office has filed a motion to dismiss charges against him.
Sergeant Trey Atwater was charged with attempting to board an aircraft with an explosive device.
The U.S. Attorney's Office says after a thorough investigation by the FBI, there was not sufficient evidence to prove that Atwater knew that he was carrying explosives in his carry-on bag.
Atwater was arrested on New Years Eve at the Midland International Airport after two blocks of C-4 explosives were found in his carry-on bag.
The two and a half pound bricks were lodged between padding of a backpack he was carrying.
Atwater is a demolitions expert for the U.S. Army and served three tours in Afghanistan with a Special Forces group.
He was returning to North Carolina from Midland after a visit with family when the explosives were found.
He told the FBI, he forgot the explosives were in the bag.
The FBI confirmed it was common for soldiers in Atwater's unit to carry at least two blocks of C-4 while on missions in backpacks and the explosives found were used by U.S. Forces in Afghanistan and Iraq.
The FBI also found that Atwater had a clean record and there was no proof he was intentionally trying to bring the C-4 on the plane.
The U.S. Attorney's Office says Atwater will likely face administrative or other disciplinary measures by the U.S. Army.
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