Man accused of 41 felony counts involving explosives and firearms pleads no contest

A man accused of 41 felony counts involving the use of explosive devices and other charges pleaded no contest to all charges in an El Dorado County Superior Court. The El Dorado County DA's Office announced that on Oct. 30, defendant Benjamin Edward Cunha made the plea. Cunha also admitted every special allegation and enhancement, including a prior "strike" based on a 2008 arson conviction, a prior serious felony and factors in aggravation. Cunha also has a prior federal arson conviction from 2013. The plea and admission were accepted by the Honorable Thomas Smith as an "open plea," meaning there is no plea bargain, and the court will determine the appropriate sentence. Cunha faces a maximum sentence of over eighty years in state prison.According to the El Dorado County DA's office, the charges stem from incidents between December 2022 and January 2024, 18 of them in El Dorado County and 23 in Sacramento County.Fifteen counts charge the use of a destructive device and explosive to injure or destroy (Penal Code section 18740). They allege that Cunha exploded and ignited explosive devices with the intent to injure, intimidate and terrify a person and to wrongfully injure or destroy property, including vehicles, trees, light poles and a fire hydrant. Each is charged as a serious felony.Eight counts charge possession of a destructive device in a place where people are present: seven in or near a public place (section 18715(a)(5)) and one at a private habitation (section 18715(a)(3)). Ten counts charge possession of a destructive device without a California Department of Justice permit (section 18710(a)), and four charge possession of the ingredients to make one (section 18720).Three counts charge possession of a firearm by a felon (section 29800(a)(1)), and one charges child endangerment under circumstances likely to produce great bodily harm or death (section 273a(a)).The case was investigated by the El Dorado County Sheriff's Office, California Highway Patrol, Sacramento County Sheriff's Department, and the Federal Bureau of Investigation. "The safety of our community is our highest priority. I am grateful to every agency that worked on this investigation for their dedication and professionalism," said District Attorney Vern Pierson. "The conduct Mr. Cunha admitted to put people throughout our region at risk. I hope he spends a very long time in prison and serves the full sentence the court imposes, without being released early." Sheriff Jeff Leikauf said, "The outcome of this prosecution is yet another example of the professional cooperation that exists between law enforcement agencies throughout California. The men and women of the El Dorado County Sheriff's Office remain committed to protecting the members of our communities and working alongside our allied law enforcement partners in the pursuit of justice. I am grateful to the members of the El Dorado County District Attorney's Office, the California Highway Patrol, the Sacramento County Sheriff's Office, the Federal Bureau of Investigation, and the El Dorado County Sheriff's Office who dedicated countless hours to this investigation and helped ensure that Mr. Cunha will be held accountable for his actions. Actions that could easily have cost innocent people their lives."Judgment and sentencing are scheduled for January 29, 2027, in Department 2 where the People will ask the judge to sentencing Mr. Cunha to the maximum sentence under the law.