Threat case likely to go to trial
After saying in November that a plea deal was likely, prosecution and defense attorneys have agreed that a case involving online threats is now more likely to go to trial.
Defense attorney Brent Getty asked that Flathead District Judge Heidi Ulbricht set a five-day trial for David Joseph Lenio, 28. Prosecutor Stacy Boman agreed with the trial length.
Lenio is facing felony intimidation charges after he allegedly went on a series of hate-filled Twitter rants between December 2014 and February 2015 in which he threatened to shoot Jewish religious leaders in Kalispell and said that he wanted to shoot up a grade school.
On Feb. 12 Lenio allegedly tweeted: “I bet I could get at least 12 unarmed sitting ducks if I decide to go on a killing spree in a school. Sounds better than being a wage slave.”
Later that day he also is accused of writing: “What do you think costs more in most U.S. cities? A gun with enough ammunition to kill 100 school kids or the security deposit on an apartment. ... What would I rather do? Be a #wage slave for the rest of my life or tell society f--- you & do your kids a favor by shooting up a #school?”
He also allegedly referred to the Sandy Hook Elementary School shooting and talked about “scoring 30+” in his tweets about school shooting.
Lenio’s tweets were spotted by a gun-control advocate. Lenio was arrested while driving home from skiing in Whitefish on Feb. 16. His roommate told police he had brought guns and ammunition to the house the night before.
After obtaining a search warrant, officers found a 9-mm semi-automatic rifle and a Russian-made bolt-action rifle. Lenio’s vehicle contained a .32 caliber semi-automatic pistol and more ammunition. Marijuana and jugs of urine also were found in the vehicle.
Getty filed paperwork last week that indicates the 9-mm semi-automatic rifle was not functioning, according to an analysis done by the Montana Forensic Science Division.
Getty argued the nonfunctioning gun made it less likely that Lenio could have carried through with his alleged threats.
“It has now been established as fact that the rifle ‘does not function as received.’” Getty wrote. “Therefore, any relevance of the rifle and its movement undermines the state’s petition and has the tendency to show that it was less probable that Mr. Lenio’s Twitter communications were intended as ‘true threats.’”
There was outcry from some community members and out-of-area activists after the possibility of a plea agreement was announced in November.
A petition sponsored by the Coalition to Stop Gun Violence had gathered more than 6,585 signatures as of Friday, with 351 from Montana.
“There is significant concern that a plea deal could involve a misdemeanor (as opposed to a felony) charge or a deferred prosecution,” the petition reads. “This could allow Lenio to recover his firearms and legally purchase guns once again. The Second Amendment was not ratified to vindicate the rights of men who threaten children. David Joseph Lenio is an obvious threat to his community and should not have his gun rights restored at any point. Tell Flathead County Attorney Ed Corrigan: Do not settle for any outcome that might allow Lenio to own guns again.”
Lenio’s trial is tentatively set for Jan. 19.