Man Gets 15 Years for Mailing White Powder

Thursday, February 7, 2013

— A Siloam Springs man convicted of sending threatening letters and white powder to former co-workers was sentenced in federal court Wednesday to 15 years in prison.

Philip Hanson used the mail to send threats or white powder to employees at DaySpring Cards, his employer of 28 years before he was terminated in 2009. Letters also went to several banks, schools, a newspaper office and a police department. Letters caused evacuations of an elementary school, several banks, a post office and a business.

Legal Lingo

Sentencing Guideline

The Federal Sentencing Guidelines are rules for computing uniform sentencing. They provide classifications of offenses or offenders, scales of severity of crimes and suggested punishments in federal courts. The guidelines are advisory. A 2005 U.S. Supreme Court ruling said they violated the right to trial by jury and were unconstitutional if mandatory.

Source: Staff Report

The letters were sent in several batches in October and November 2011.

The white powder turned out to be baking soda.

“The nature and circumstances of these crimes are heinous, to say the very least,” U.S. District Judge Jimm Hendren told Hanson. “They show a level of narcissism the likes of which this court has never seen. The focus of your entire being, since being expelled from DaySpring, has been on you.”

Hendren said he saw during the case a pattern of little or no remorse or acceptance of blame and a total disregard for others.

Hanson, 56, offered a sort of apology during the sentencing hearing to those affected.

“I do feel for those people that did receive the letters, I’m not an unfeeling and uncaring person,” Hanson said at the end of a rambling oratory. “I feel sorry for the things that they had to go through.”

But most of Hanson’s comments to the judge revolved around his battle with depression after losing his job and about several lawsuits he’s filed against jails and prisons seeking more mental health care while in custody.

“I’m trying to get help for myself, but I don’t see that the government officials charged with taking care of me care at all,” Hanson said.

U.S. Attorney Conner Eldridge said Hanson’s actions affected hundreds of people besides his 48 intended victims.

“This defendant’s conduct terrorized numerous individuals, businesses, the community of Siloam Springs and others throughout Northwest Arkansas,” Eldridge said. “Among those affected were 400 children at Northside Elementary School and their families — all of whom were victimized by the defendant’s actions. We are committed to aggressively investigating and prosecuting those who target our communities in order to cause fear and harm.”

A number of victims sent letters to the court but chose not to testify at Hanson’s sentencing. Hendren said it appears they may have been concerned about retribution.

Hanson will serve the entire 15-year sentence because there is no early parole in the federal system. In addition to the prison term, Hanson was sentenced to three years supervised probation upon release and ordered to pay $65,841 restitution to DaySpring. He was also ordered to pay a $100 special assessment on each charge.

Hendren didn’t impose a fine, saying the case was not about money. He also doubted Hanson’s ability to pay a fine.

Hanson was convicted in September on 56 of 57 counts.

Of the 57 counts in the indictment, 26 involved threatening letters and 31 involved sending letters containing white powder. The lone not guilty verdict was on a white powder count in which the powder was not entered as evidence.

Hendren agreed with the government an upward departure from federal sentencing guideline recommendations was in order because of the unusual situation and large number of people affected. Hendren said the guidelines did not adequately address the situation. The guidelines recommended between five years, eight months and seven years, two months in prison.

Hanson was linked to five of the letters by DNA on the envelope seals.

Hanson was arrested after authorities saw him throw a plastic shopping bag with containers of white powder residue, envelopes and torn up greeting cards in a trash can near his home.

Police searched Hanson’s home and found pieces of envelopes and torn-up paper in trash bags in Hanson’s garage that matched names and addresses on undelivered letters found in a nearby mailbox Nov. 4.

No fingerprints were found on any of the material, and there were no eyewitnesses.

Hanson, who represented himself, denied sending the letters.