*UPDATE* Prosecutors appealed the conditions of release ordered by Judge Mark Lane and an order of stay was issued meaning Steven "Duke" Boehle remains in jail.
50-year-old Steven "Duke" Boehle appeared before Federal Judge Mark Lane again on Monday morning to continue his detention hearing. No cameras were allowed inside.
According to an FBI agent with the Joint Terrorism Task Force, a confidential source told them Boehle was planning a mass shooting or attack on his 50th birthday, April 13th.
On April 12, investigators searched an apartment where he was staying and found a stockpile of guns and ammo along with a note on the door that described "a great miracle" coming the following day.
Boehle had tried to buy firearms several times over the years but the National Criminal Background Check System prevented him from buying and keeping one due to a 1993 misdemeanor conviction for domestic violence.
Late last year, he tried to buy a gun at Central Texas Gunworks. We spoke with owner Michael Cargill about this in April.
"We will type their name and all of that information in and it gets transmitted to the FBI and then it comes back either proceed, delay or deny. And in his case he was delayed and then denied," Cargill said.
On Monday morning, the court heard from Boehle's sister via a phone call and spent some time talking about his epilepsy, his marijuana usage and previous head injuries.
Judge Lane deliberated for 20 to 30 minutes on whether to allow Boehle's release. When he returned he said he had wrestled with the decision and admitted part of what he had decided goes against his better judgement. Judge Lane told Boehle he'd lived his life in a quote "marijuana haze" and wasn't sure he meant anything he said about the attack. Lane made some comments about Boehle's employment status for the past 2 decades that seemed to irritate the defendant.
At one point it seemed Judge Lane would change his mind about the whole thing. Boehle spoke up and pointed out that he had a landscaping job, he wasn't just sitting around for 17 years. Lane said something like "When you're about to win...pipe it down." Boehle said "I apologize." The judge said "no you don't." That's when Judge Lane leaned back in his chair and rubbed his face.
Lane stuck with his decision and allowed Boehle to be released on a $10,000 unsecured bond. He'll wear a GPS monitor and be confined to a friend's home who appeared in court with him. No Marijuana, no gun talk, and he'll get mental health treatment.
Judge Lane said "don't make me regret this."
Boehle is still not actually charged with planning a mass shooting, he's facing firearms violations. A new one has been added saying he shouldn't have had a gun because he's an unlawful user of a controlled substance.
The next step is the case will be presented to a Grand Jury for indictment consideration.