Melbourne man's Obama Facebook post results in 1 year, 3 months prison sentence

[CF DolFan]

Just curious as to what people think about this? I think he should get punishment. In fact I don't think people are held accountable to much of the threats they make in social media or even regular society. My only issue is I think he should have gotten home confinement with no internet or social networking access. I'm not sure we should be footing the bill for a guy who just has a dumb mouth.

Melbourne Fla- A federal judge on Thursday sentenced the Melbourne man who posted on Facebook about hunting down President Obama to one year and three months in federal prison.

Local 6 news partner Florida Today reports Christopher Castillo, 29, was ordered to term followed by three years probation. The judge said the probation term would allow Castillo to continue anger management classes.

Castillo posted on Facebook, referring to President Obama: “That’s the last straw, if he gets re-elected I’m going to hunt him down and kill him (and) watch the life disappear from his eyes.”

Castillo cried when the judge read the sentence. His family — his wife, mother and father were in the courtroom — cried, too.

Castillo’s public defenders had asked the judge impose a term of probation, or community service, allowing Castillo — a father of three who since his arrest has been selling knives over the telephone — to continue anger management treatment.

“He’s not the next Lee Harvey Oswald. He’s not the next John Wilkes Booth,” federal public defender James Smith said in court. “He’s just a poor, young, uneducated, ignorant man.”

But federal prosecutor Shawn Napier painted a different picture of Castillo’s anger problem. Napier said Castillo’s anger resulted in his dismissal from the Air Force and fired from at least one job. He asked that the judge send a message not only to Castillo, but to the public, that “words have consequences, and words have meaning.”

The sentence was the shortest available to the judge under sentencing guidelines. He said he found the statements Castillo made “disturbing” and said they showed hostility, but said there was no evidence of deliberation on Castillo’s behalf.

http://www.clickorlando.com/news/melbourne-mans-obama-facebook-post-results-in-prison-sentence/-/1637132/21303246/-/5bt21j/-/index.html

[Landshark]

It's a felony to threaten to kill anyone over the internet.  When the said target is the President of the United States, it is going to be investigated heavily.  I agree he did need some sort of incarceration.  Taking away his internet/social media access is defintiely a good idea. 

[Fau Teixeira]

mandatory minimum sentences are shitty tho

[fyo]

mandatory minimum sentences are shitty tho

So is "sending a message" (as argued by the prosecutor in this case). The law is supposed to be equal. If you "send a message" by handing down a tougher penalty, you are, by definition, doing the opposite.

[Phishfan]

This guy is just lucky he lives here. If he had tried that in other countries we would have been reading about his death sentence.

[Spider-Dan]

So is "sending a message" (as argued by the prosecutor in this case). The law is supposed to be equal. If you "send a message" by handing down a tougher penalty, you are, by definition, doing the opposite.

Prosecutors make stupid arguments all the time (as do defense attorneys).  It's the job of the judge/jury to temper them.

In this case, the judge gave him the mandatory minimum.

[Landshark]

This guy is just lucky he lives here. If he had tried that in other countries we would have been reading about his death sentence.

Or worse, he would've suddenly disappeared and we would've never seen or heard from him again.

Prosecutors make stupid arguments all the time (as do defense attorneys).  It's the job of the judge/jury to temper them.

In this case, the judge gave him the mandatory minimum.

I think mandatory minimum sentences should be done away with.  Sentencing should always be left up to the judge

[Buddhagirl]

What a dumbass. I'm ok with the sentence. It was the minimum the judge could give.
I thought we learned years ago not to make threats. Ever.

[Brian Fein]

^^ Don't threaten people publicly.  Ever. 

Especially if he's the President of the United States.

Dumbass. 

[Sunstroke]

It's all in the wording... Make it ambiguous enough that it comes off as a threat, but could easily be construed as just a statement.

Something to the effect of:

"Nothing would make me happier than to watch you bleed out in the gutter."

"It's easy to picture myself putting two bullets in your chest...and a third in your head."

[MyGodWearsAHoodie]

It's all in the wording... Make it ambiguous enough that it comes off as a threat, but could easily be construed as just a statement.

Something to the effect of:

"Nothing would make me happier than to watch you bleed out in the gutter."

"It's easy to picture myself putting two bullets in your chest...and a third in your head."

second one is a threat, the first one is not. 

[Sunstroke]

I would love to see that second one challenged in court.

It's easy to see myself blowing up the empire state building...so you'd better go ahead and add domestic terrorism to the list of charges. It's also easy to picture myself as an old Chinese woman, but I'm not sure that trans-ethnic trans-gender surgery is illegal.

[bsmooth]

He clearly broke the law. The judge gave him a break by giving the lightest sentence available. I am against mandatory minimum laws.

Stroke, your second example would be easier to defend if you said "I can picture two bullets in your chest...and a third in your head". When you add the image of you doing the shooting, it moves closer to a threat.

[Sunstroke]

^^^ I have no doubt that it "moves closer to a threat," but I believe that the "It's easy to picture myself..." phrasing takes it out of the threat category and puts it squarely in the land of imagination.

[Dolphster]

What a dumbass. I'm ok with the sentence. It was the minimum the judge could give.
I thought we learned years ago not to make threats. Ever.

That pretty much sums it up.