Man who left death threats at Tester’s office changes plea

The Kalispell man who allegedly left a string of angry messages at U.S. Sen. Jon Tester’s office pleaded guilty to threats to murder a U.S. senator in federal court in Missoula on Thursday.

Kevin Patrick Smith, 46, initially pleaded not guilty to charges of threatening to murder and to assault a member of Congress at his Feb. 23 arraignment, but struck a deal with prosecutors on March 21. He faces up to 10 years in prison, followed by three years of supervised release, and a $250,000 fine.

U.S. District Judge Dana Christensen set sentencing for Aug. 24. Authorities detained Smith following the April 20 hearing.

Per the terms of the agreement, prosecutors will recommend Smith’s offense level, which plays a role in federal sentencing guidelines, drop by two or more points.

Smith began phoning Tester’s office with the threatening messages on Jan. 30, according to court documents. On the voicemails, Smith is allegedly recorded as challenging Tester to fight and explaining the consequences of the two of them engaging in fisticuffs.

“You stand toe to toe with me. I rip your head off. You die,” Smith allegedly said. “You stand in a situation where it is physical between you and me. You die.”

Smith left the alleged threats owing to his political disagreements with the senior senator from Montana, a Democrat.

“Smith made the threats because he was upset with [Tester’s] political decisions,” court documents said.

In one of the messages, Smith expressed delight in the potential fallout from his actions.

“I would love to [expletive] kill you. I would love to see your FBI at my door,” he said, according to court documents. “I would love to see something in the news.”

FBI agents, who investigated the case alongside the U.S. Capitol Police, did end up visiting with Smith, court documents said. They contacted him Feb. 1 and told him to refrain from making any more threats, according to court documents.

Smith, though, allegedly phoned Tester’s office again on Feb. 10. In one of the messages left that day, Smith allegedly said he would not live “under Tester’s rule…”

““… If it becomes time that I die, I’d take a significant number with me,” Smith said, according to court documents.

U.S. Attorney Ryan Weldon is prosecuting the case.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.