Man Suspected of Making Online Threats Wants Charges Dismissed
KALISPELL, Mont. (AP) — The attorney for a 28-year-old man charged with making a series of online threats to schools and Jewish leaders has filed a motion asking that the charges be dismissed.
David Lenio was arrested in northwestern Montana in February and charged with felony intimidation and criminal defamation for tweets in which he talked about wanting to shoot up schools and synagogues.
Public defender Brent Getty argued Wednesday that the statutes governing both charges are unconstitutionally overbroad. Getty argues the intimidation charge requires the threats to be directed "to an actual person," but investigators could not find a tweet that names a specific student or school.
The Missoulian reports (http://bit.ly/1GR9Rua ) Getty also argued that Lenio's comments about Jews were hateful, but the First Amendment protects his right to make such comments.
Ulbricht did not rule on the motions.