Prosecutors Handcuffed By Law in Threat Case
The State's Attorney for Prince George's County said she'll fight for tougher laws against making threats, after determining she could only charge Neil Prescott with phone misuse.
The State’s Attorney in Prince George’s County said she will push for tougher laws against people who make threats, after concluding that she could only charge a Crofton man with misdemeanor phone misuse.
Top prosecutor Angela Alsobrooks insisted that local police “saved countless lives” when they detained Neil Prescott last week after he allegedly threatened to kill former co-workers at a Pitney Bowes facility in Capitol Heights. Police also found more than two dozen guns in his home in Anne Arundel County.
The alleged threat took place three days after a gunman opened fire in a crowded movie theater in Aurora, CO, killing 12 people and injuring 58 others.
Prescott allegedly said, "I'm the joker, and I'm going to load my guns and blow everyone up."
But prosecutors eventually determined that Prescott had broken no laws, save for section 3-804 in the Maryland Code, which prohibits the use of the telephone to “annoy, torment or harass” someone. Prescott faces a misdemeanor charge and could face up to three years in prison and a $500 fine. Prescott could also face a similar federal charge.
Alsobrooks said Wednesday there is no law in Maryland that makes it expressly illegal to threaten someone over the phone. Moreover, she said there was not enough evidence to charge Prescott with second-degree assault, and all of his firearms were legally obtained.
“I want to communicate that this is insufficient, especially in light of Mr. Prescott’s alleged threatening statements,” Alsobrooks said. “I believe that when people like Mr. Prescott threaten violence, especially in this day and age with all that we have going on, he ought to be facing felony charges, not misdemeanor charges.”
Prescott is currently being evaluated at a hospital in Annapolis. A warrant for his arrest will be served when he is released. Alsobrooks said he will not be able to recover his guns or obtain new ones while his case is being adjudicated.
Alsobrooks also said that if convicted, Prescott will be prevented from purchasing firearms indefinitely.
Laws regarding threats vary from state to state, along with penalties. In the District of Columbia, a threat to kidnap or injure another person could result in a felony conviction and a jail sentence of up to 20 years.
In Virginia, a verbal threat of harm is considered a misdemeanor, but could rise to a felony offense if the threat is communicated in writing.
In New York, making a terroristic threat is considered a felony, and the law states that it does not matter if the defendant had the intent or capability to carry out the threat.
“This situation, as far as we are concerned, highlights the need for tougher laws, and we will be lobbying for it in Annapolis,” Alsobrooks said.
Jason Cleckner, an attorney in Maryland who has worked on cases involving phone threats and harassment, said cases against people involving phone harassment are common. Usually, however, they involve people who are mentally ill or involved in domestic disputes.
Cleckner, who cautioned that he was not familiar with the details of the case involving Prescott, said the defendant's mental health could play a role in how he is prosecuted and whether he will stand trial. Cleckner said Prince George’s County judges have developed a reputation for ensuring that defendants suffering from mental illness are more likely to be treated than jailed.
He said that under current Maryland law, it does appear that charging Prescott with any additional crimes would be a reach.
“That sounds right to me,” Cleckner said. “If he hasn’t done anything, what else could they get him on?”
Cleckner acknowledged that other states may have felony statutes against threats, and said a three-year jail sentence is not a minor penalty.
“If that’s not enough to deter someone from making threats over the telephone, I don’t know what is,” he said.
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Theresa
6:18 pm on Wednesday, August 1, 2012
Who didn't see that coming? It's legal to own an arsenal. Even if you happen to be a joker.
Forever Mom
10:58 pm on Tuesday, August 7, 2012
The question is not "Who didn't see it coming?" but rather whata could they have done about it if they did?
Buck Harmon
6:24 pm on Wednesday, August 1, 2012
So the guy is currently being involuntarily detained for a mental health evaluation...
should be interesting...phone abuse....that's it. Hope he has a lawyer .
Tim Lemke
7:02 pm on Wednesday, August 1, 2012
Buck- he is in the hospital voluntarily.
Ronald
5:20 pm on Thursday, August 2, 2012
Thank you for that update. I wonder just how 'voluntary' voluntary is? What was he told in order to convince him to stay 'voluntarily'? Fear of jail? When will he be informed that he only faces a misdemeaner count before he 'unvolunteer'?
Forever Mom
10:56 pm on Tuesday, August 7, 2012
Voluntarily means that he and the doctor can make the discharge decision without going through a judge. Had he required them to keep him involuntarily, it would have required a judge to release him.
Chris W
9:13 pm on Wednesday, August 1, 2012
Frank is being a complete idiot twisting peoplese words.
See, it easy to be a jerk. How about we have a meaningful conversation instead?
Chris W
9:55 pm on Wednesday, August 1, 2012
I have.
Like it or not. This man has not broken any laws aside from misuse of a telephone. Unless he can be convicted of a felony, He has every right to own guns.
I think the guy made a bad choice, and he should pay or that within the limits of the current law.
Forever Mom
11:15 pm on Tuesday, August 7, 2012
Chris, While I am not sure I agree that Frank is twisting words--words are important, I do agree with you that we need a meaningful conversation about how to stop this kind of thing from happening BEFORE someone gets killed. People who exhibit this kind of behavior to others are letting people know that something is wrong with them. We have a society full of people who think it is ok to verbally bully and threaten people because there is no law against it. This is what happens when those people lose control. Where is the stop valve between the "legal" threats and the illegal assaults? I wish I knew.
Tom Hope
9:39 pm on Wednesday, August 1, 2012
I am surprised that other charges were not filed.Having watched this incident closely it seemed that this man was going to be guilty until proven inocent. While I agree with the police taking the actions that they had given the information they had, I had some difficulty with the press releases and some of the "facts" quoted. I am still seeing in the articles in the press that he had 24 guns. In the search warrant and subsequent follow up report only 14 guns are itemized however 24 items are listed 10 items which were not guns. Pointing out the fact the man did not possess a "weapons permit" is associated but not relevant since "permits" are not required in Maryland to own a fire arm. Several reports in the press had the man either arrested by police or committed for mental evaluation. Niether of which was true.
When this article first came out and people started posting it seemed to be a good dialogue with relevant arguments. It was disappointing to see it turn into a sophmoric tit-for-tat. Thanks out to Tim Lemke for posting this report it was 1 of the more active strings I have been involved in. Thank you to the AACO & PGCO PDs for acting on this potential threat.
Chris W
10:07 pm on Wednesday, August 1, 2012
Yes. The patch headline was "25 guns thousands of rounds". I think everyone was caught up in the moment after Colorado.
I tink that some of it can be attributed to inaccurate information in the early hours, but there are many"news" outlets with an agenda and that was evident from the sensationalism.
Ronald
5:23 pm on Thursday, August 2, 2012
Thankfully PG County has a prosecutor that is concerned with the law and not with a lynch-mob mentality. Let's hope she gets re-elected.
Tom Hope
9:53 pm on Wednesday, August 1, 2012
Also thanks to John Davisson who wrote the original article on Patch.
Sorry John didn't mean to give Tim your thunder....
Tim Lemke
10:03 pm on Wednesday, August 1, 2012
John is welcome to my thunder. He's a solid dude. Thank you for reading, Tom, and for your perspective on the issue.
Joe Thomas
10:36 pm on Wednesday, August 1, 2012
I predicted this the day of the press conference. Of course all of the experts shouted me down and told me that I was wrong.
As I said before......no mass shooter has ever called their victims ahead of time to warn them. This guy is just a big bag of hot air.
Chris W
10:41 pm on Wednesday, August 1, 2012
The guy in Colorado sent a letter.
Henry Bowman
4:08 am on Thursday, August 2, 2012
Is there any evidence, other than the former employer's statement, that there was any crime actually committed?
This is a huge put up job and the guy is going to walk. They had to charge him with something just to make themselves look good. Now they'll cry about a "loophole" in the law that needs to be fixed.
He's going to go free and get a huge settlement in the process. If they had more evidence....actually any evidence....he'd have been charged with something more substantial.
Ronald
5:24 pm on Thursday, August 2, 2012
I am still interested in teh 'real' agenda of Pitney Bose. It is starting to look more and more like a ploy to avoid unemployment benefits or a wrongful termination lawsuit.
Anyone giving odds?
Jim D.
8:27 am on Thursday, August 2, 2012
Looks like we'll have to wait and see how the trial comes out to hear whether there's any additional evidence or not. Perhaps Pitney Bowes records their phone calls, as many companies do. Or perhaps the fellow has admitted it since. We don't know that yet. Yes, with rights come responsibilities. But I'm not sure we want any level of government to have the power to bring criminal charges against a person purely for something they say, regardless of how idiotic/repulsive the person's statement may be. That's a slippery slope we don't want to be on. Too much room for abuse there, too. I'm no lawyer, but according to the FBI firearms purchase background check criteria ( http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet/ -- see first bullet point under "Categories of Persons Prohibited from Receiving"), it looks to me that, regardless of the actual sentence, prosecutors only have to get a conviction on the phone abuse charge (a state violation punishable by over 2 yrs in jail) to keep this guy from ever purchasing firearms again. Not sure how that impacts the ones he already owns, though. Regardless, despite the lack of a "verbal threat" law, it appears the authorities still have the tools to deal with this fellow appropriately. For anyone who's wondering, I'm a staunch defender of the right to bear arms. But I'm also pragmatic when it comes to cases like this.
Forever Mom
11:06 pm on Tuesday, August 7, 2012
Where does a staunch defender on the right to bear arms stand on the right of people who have anger problems, alcohol or drug problems, or just like to go around threatening to kill people even family members they are angry with. That is not normal behavior, and certainly doesn't fit into the category of bearing arms for protection. I believe in being able to defend your family, but how do we keep those arms out of the hands of abusers if their "threatening" behavior is not against the law? There is a very fine line there.
Chris W
11:38 pm on Tuesday, August 7, 2012
Please define "anger problems" ? Who gets to decide that?
Also what is included in "alcohol problems"?
We have laws. Anyone convicted of a felony or a misdemeanor (sentenced to 2 or more years) is prevented from obtaining a firearm.
Forever Mom
12:21 am on Wednesday, August 8, 2012
crimes like this, are born from some kind of hostility or anger, as a start before any shooting , When anger becomes so severe it shows in violent verbal outbursts, that is an anger problem. If alcohol is a contibuting factor to escalating angry feelings into verbal threats, that is an alcohol or a drug problem. Usually there are friends or family who have seen such behavior taking place in some way BEFORE it gets to the point of making major threats of mass violence. When the escalation begins, that is the time to be concerned BEFORE it all breaks loose. My issue is how to determine when people have crossed the line from being defenders of rights to violating rights when there is no law against the behavior that is escalating but not over the legal limit. No charges have been filed because the technical law has been broken, but many times friends and family see trouble brewing long before it boils. We have laws which require the investigation of suspected child abuse, but not for investigating suspected anger escalation in gun owners. I don't know what the answer is, but somehow we need to get to the problem BEFORE it boils over. It seems to me that the military just discharges problems into the public sector even when the known discharge reasons exhibit some some signs of violent behavior. We train our military to be defenders using firearms and tactics, but in some cases the line shifts in the brain. There is no one set of circumstances to fit all.
Chris W
9:54 am on Wednesday, August 8, 2012
So it's the fault of the military? How does that explain the Colorado shooter, Gabby Giffords shooter. Neither was military.
It will be wrong to prevent gun ownership based on a friends observations. Too much room for abuse there. That would be like arresting someone because they go to a bar a lot and they might drive intoxicated. Unfortunately, our system is not perfect and never will be.
Forever Mom
12:50 pm on Wednesday, August 8, 2012
There is no one size fits all. Every case will have different roots but there has to be some similiarities that will help identify problematic cases before they become tragedies. If family or friends see warning signs, what can they do now to head off something before someone gets killed or hurt. If the reporting standardss are set too high, tragedy has to occur before anything can be done. I am the mother of an adult daughter who was killed by a jealous boyfriend 10 years ago next month. I know not all gun owners are murders, but I also know that not every gun owner is a responsible person using guns for defense or sport only. How do people bring problems in the making to light before tragedies occur if "the right to bear arms" is seen as an inalienable to everyone until they kill or maim? There is no "one size fits all" for gun owners either. I am searching for solutions to a very real problem, not a fight over guns.
Forever Mom
12:55 pm on Wednesday, August 8, 2012
I am not experienced in using this kind of blog or any kind at all. I apologize if my comments are not in order or if I have posted a comment to the wrong person. I have no agenda against anyone because I think this is society's problem to deal with. i respect both sides of the gun ownership issue.
Mary
8:44 am on Thursday, August 2, 2012
I am not upset that Mr. Prescott is only being charged with a misdemeanor, if that is the only law he allegably broke in Maryland. What outrages me is that there seems to be no limit on the number of guns, type of guns, or type of ammunition a person can legally purchase. Does anyone really need 14 guns? And, am I suppose to feel better that someone has 14 guns vs. 24 guns? I have no problem with someone owning a rifle to hunt or even a handgun, once they go through the proper background check. But 14 to 24 guns? Really - unless you are collector of old guns - why would that be necessary?
Tom Hope
8:52 am on Thursday, August 2, 2012
Mary, some people shoot for sport. You use different calibers of gun for different things. So, to answer your question yes some people do need multiple guns. The young lady from the USA that just won a gold medal in trap shooting I'm sure owns several guns and possesses masses of amunition. Put limits on guns and amunition for anyone and it will affect everyone involved.
Jim D.
9:37 am on Thursday, August 2, 2012
Ditto on Tom Hope's comment. It's pretty easy for hunters and competitive shooters to end up with multiple firearms and quite a bit of ammunition in pursuing their sports, even if their actual goal isn't to "amass an arsenal" per se. There's a wide variety of competitive shooting events for various types of firearms, for everything from high-powered rifles, though large/small caliber handguns, and even muzzleloaders. Most folks who enjoy competitive shooting don't restrict themselves to just one aspect of the sport. Also, when it comes to hunting, one firearm does not fit all. I wouldn't use my squirrel rifle to hunt bear any more than I would use my trout rod to fish for tuna.
Ronald
5:26 pm on Thursday, August 2, 2012
There is a difference between what is necessary and what is legal. Why not put a limit on the number of stamps you can collect? Or cars? Or motorcyles (Mr. Jay Leno)?
Who are you to decide what items someone should be prohibited from colelcting?
Fred Sanford
9:32 pm on Thursday, August 2, 2012
Lots of reasons. One reason is many people look at them as investments. The stock market and housing prices have gone bust the last several years, but the price of guns have gone up. Especially fully automatic ones. Think of them as another option for a 401k. Besides, different guns have different uses. Sort of like tools.
I don't understand why people argue need in these cases. My wife collects all sorts of things that I don't see any practical use. Like beanie babies, remember those? She thought they were going to put our kids through college. I don't get judgmental about it, I just figure she has a different outlook on things than I do.
Tom Hope
8:54 am on Thursday, August 2, 2012
After reading the police reports released it seems the comments/threats came from Mr. Prescott in a conversation he had with an employee at Pitney Bowes. It did not say that he called specifically to make a threat. Seemed more like comments made during a conversation. Is there a difference....I'm don't know...the courts can decide that
Quynh Tran
12:56 pm on Thursday, August 2, 2012
Rather than push for tougher laws against people who make threats (and at least giving us notice), wouldn't it be more effective to restrict gun ownership from the beginning? This business of personally owning multiple weapons and could be a ticking time bomb seems to be a bigger threat to public safety than folks who call in threats.
Brian
1:51 pm on Thursday, August 2, 2012
@Tran
Would you want the law to restrict how much food or the number of cars you can have? Cars kill more than guns. Just a thought before you push for more gun regulation.
Jim D.
3:25 pm on Thursday, August 2, 2012
According to figures compiled in 2007 (i.e. 5 years ago), there were 270 million legally-owned firearms in civilian hands in the United States. The total US population as of 2012 is about 313 million people. The US has the highest per capita civilian gun ownership of any nation in the world -- not too far shy of one firearm for every man, woman and child in the country (and these are only the legally owned ones). Now, when you seriously look at that ratio of gun ownership, then do your homework and find that, in 2009 (latest reliable figures I could find), there were fewer than 3 firearms homicides for every 100,000 people in the US, then there is only one reasonable conclusion: Despite the stereotypes, the continuous media hype, and the political posturing, the overwhelming majority of American gun owners are exercising a commendable level of responsibility with their firearms.
Fred Sanford
3:13 pm on Thursday, August 2, 2012
"Alsobrooks also said that if convicted, Prescott will be prevented from purchasing firearms indefinitely."
How is that constitutional? Since when does a misdemeanor conviction cause you to lose your right to have guns?
I'm not defending the guy, the cops response to his shirt is classic, but this doesn't sound right.
Jim D.
4:27 pm on Thursday, August 2, 2012
Hi, Fred. As you know, when you purchase any firearm, you have to pass a background check. That's at the Federal level. According to the background check criteria, anyone who has been convicted of a federal crime punishable by over 1 year in prison, or a state-level crime punishable by over 2 years in prison, will flunk the background check. Fail the check, forget the gun purchase. I posted the following URL earlier in this thread so folks could see for themselves: http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet/ -- see first bullet point under "Categories of Persons Prohibited from Receiving". Again, I'm no lawyer. I don't know if this means the guns he already owns get confiscated also, or if he just can't buy more than what he already has. Constitutional or not? Beats the heck out of me. I'm not defending/attacking either side, but these are the regs as they stand.
Tim Lemke
5:49 pm on Thursday, August 2, 2012
Yes, according to Alsobrooks, it has to do with the length of sentence tied to the case.
Fred Sanford
9:19 pm on Thursday, August 2, 2012
Wow. Good info. I thought it was limited to felonies and domestic violence cases.
This case aside, it seems rather harsh that someone could forever be barred from owning a gun for annoying someone on the telephone.
Ronald
7:02 am on Friday, August 3, 2012
They did it in order to avoid paying unemployment taxes and a wrongful termination lawsuit. Instead of picketing Chick-a-Filet for their beliefs we should be picketing Pitney Bowes.
Emil Farkwarp
1:02 pm on Wednesday, August 8, 2012
Darn those pesky Constitutional rights-- they even protect overcompensating blowhards!