3 Accused of Facebook Threats to Kill Cops Escape Charges

DETROIT, MI — Three men accused of making Facebook threats against police last month won’t be charged due to “substandard” police work and a lack of evidence, and a fourth case is still being investigated, Wayne County Prosecutor Kym Worthy said Tuesday.

In a lengthy statement, Worthy said investigators were unable to prove the men, who were taken into custody July 10, were in Wayne County when the threats were made. In some cases, the suspect weren’t read their Miranda rights.

Detroit Police Chief James Craig asked for the warrants days after five Dallas, Texas, officers were killed July 7 by a sniper during a protest march. The man blamed for the killings and injuries to seven others, former U.S. Army soldier Mikah Xavier Johnson, an African-American, reportedly told police he wanted to kill as many white cops as possible.

Successful prosecution of the cases against the four men could have hinged on a U.S. Supreme Court ruling that “true threats” are not protected speech. Craig said at the time the hostile environment police officers work in today should raise threats against their lives to the same level as threats against the president, which would result in arrests and prosecution.

• Read More: 4 in Detroit Accused of Social Media Threats to Kill Police

“How is it any different when someone threatens to kill white cops?” he said. “Social media is new territory, and while it’s been established that hate speech is protected by the First Amendment, we’re talking about people specifically saying on Facebook they want to kill white police officers.”

Craig had asked that the men be charged with using a computer to make threats, a two-year felony.
In the statement, Worthy said the police investigation was shoddy.

“These cases are very serious and the police investigation must be equally serious and thorough,” Worthy said. “DPD has many fine investigators, but the work in the four Facebook cases was substandard. When this happens, we must request further investigation.

“We cannot fly by the seat of our pants in charging cases. The police are trained to know when they must give Miranda rights, and they are aware that a viable case is not possible with Miranda violations and no other evidence.”

The four men were arrested in separate incidents. Among the threats: ““All lives can’t matter until black lives matter. Kill all white cops,” and “It’s time to wage war and shoot the police first.”

‘Despicable’ Decision

Mark Diaz, the president of the Detroit Police Officers Association, the city’s largest police union, told The Detroit News that Worthy’s decision was “despicable.”

“The decision not to charge these men with crimes is unfortunately not a surprise to those of us in the law enforcement community,” Diaz told the newspapr. “Time and again, Kym Worthy has shown she doesn’t support our front-line heroes or emergency service workers. This is par for the course with her.

“Her attempt to place the blame on Detroit police is despicable.”

In the past month, prosecutors in Michigan, Connecticut, Wisconsin, Illinois, New York and Texas have charged people accused of making threats against police with crimes ranging from using a computer to commit a crime to terrorism.

In the Michigan case, Billy R. Thompson, 33, of Saginaw, was arrested by Michigan State Police and charged with using a computer to commit a crime after he allegedly posted on Facebook: “Let’s get these cops. It’s hunting on all you pigs in the injustice system. Let’s murder them like they murder us. It’s long past time for revolutionary action. Everyone strap up!”

Thompson, the nephew of recently retired district judge M.T. Thompson Jr., was bound over for trial after waiving his preliminary examination on Aug. 16. A court date hasn’t been set.

New Arrest

Worthy’s decision came a day after a Detroit man was arrested for making a death threat against a Detroit police officer — “kill that pig” — in a comment thread of a Facebook post about her donating school supplies to children in need.

The Officer Down Memorial Page, which tracks police killings, said that 37 police officers have been fatally shot in the line of duty this year, a 61 percent increase from the same time period in 2015. Of those, only one was accidental. Twenty-eight of the police shootings have occurred since July, amid controversial shootings — some captured on videotape — of African-American men by white police officers.

Not a ‘True Threat’

In her statement, Worthy said one of the cases “could not be charged under Michigan’s terrorism statute.”

“A person is guilty of making a terrorist threat if he threatens to commit to an act of terrorism. An act of terrorism is an act that would be a violent felony under the laws of Michigan, that the person knows or has reason to know is dangerous to human life, and that is intended to intimidate or coerce a civilian population or affect the conduct of government or unit of government through intimidation or coercion.

“Accordingly, the elements of the offense are: (1) a threat, (2) to commit an act, (3) (a) that would be a violent felony, (b) that the person knows or has reason to know is dangerous to human life, and (c) that is intended to intimidate or coerce a civilian population or affect the conduct of government or a unit of government. Only ‘true’ threats are prohibited under the statute.”

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