GREEN BAY, WI (WTAQ) - An Oshkosh man jailed for alleged possessing the deadly toxin ricin is now facing a second charge.
Online court records show that Kyle Smith is due to enter a plea Thursday on two charges, one of which carries a possible life prison term, if convicted.
The indictment, which was filed Wednesday, offers slightly different descriptions for each count:
Count 1 alleges Smith “did knowingly develop, produce, retain, and posses a toxin, Ricin, for use as a weapon and did attempt to do the same.”
Count 2 alleges Smith “did knowingly possess a toxin, Ricin, which was not in its naturally occurring form and was of a type and in a quantity that, under the circumstances, was not reasonably justified as a prophylactic, protective, bona fine research, or other peaceful purpose.”
Count 1 carries a potential sentence of life in prison, while Count 2 has a 10-year maximum sentence. The original criminal complaint only included the second count.
According to the complaint, 2 of Smith’s UW-Oshkosh professors contacted police, concerned he was making the poisonous ricin.
The Oshkosh Police Department and Wisconsin National Guard found a vial of white powder and a lab notebook during a search of Smith’s home. Those items were analyzed by the Department of Homeland Security in Maryland. According to the criminal complaint, those tests confirmed the white powder was active ricin.
Ricin is manufactured from the bean of the castor plant. Owning the plant is not illegal.
The search warrant says Smith’s roommate told police the suspect has three castor plants in the backyard of the home. However, according to the search warrant, no plants were recovered.
Officials say the public was never in danger of being exposed to the deadly poison.
The court documents say Smith admitted to police he began the process to make ricin. Smith is quoted in the complaint as saying he was fascinated by “using something living to harm something living.” It goes on to say, Smith told police he wanted to test the ricin on mice or insects and that he did not make plans to harm any people with it.
Smith’s defense attorney, William Kerner, said at a previous court hearing his client is in treatment for depression and post-traumatic stress disorder. Kerner argued Smith is not a danger to the public, because there is no proof he wanted to hurt anyone with the Ricin.
UW-Oshkosh placed the student on emergency suspension.
(Additional reporting from FOX 11).