HomeMy WebLinkAbout2020-06-18; Social Media Threats; Gallucci, Neil.. jf .,_ •
To the members of the:
CITY COUNCIL
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June 18, 2020
To:
From:
Via:
Re:
Council Memorandum
Honorable Mayor Hal n
Neil Gallucci, Chief of Po
Scott Chadwick, City Man
SOCIAL MEDIA THREATS
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Carlsbad
Memo ID# 2020126
On June 4, 2020, the police department received multiple calls for service regarding an
individual who was believed to have posted threats against protesters on social media. The
police department assigned the case to a detective for a full investigation.
The subject was interviewed by the detective on June 5, 2020 and was advised that the police
department takes all threats of violence seriously and that violence of any sort would not be
tolerated. The subject did not own or have possession of any weapons during the investigation,
and he was advised to remove his social media posts. Several investigative measures were
taken to ensure that the subject did not pose a threat to the community.
Additionally, the detective consulted with a senior member of the District Attorney's Office who
reviewed the posts and videos in its entirety for any criminal violations, particularly 422 PC,
Criminal Threats and 404.6 PC, Incitement to Riot.
Section 422(a) of the Penal Code states:
"Any person who willfully threatens to commit a crime which will result in death or great
bodily injury to another person, with the specific intent that the statement, made verbally, in
writing, or by means of an electronic comrriunication device, is to be taken as a threat, even
if there is no intent of actually carrying it out, which, on its face and under the circumstances
in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to
the person threatened, a gravity of purpose and an immediate prospect of execution of the
threat, and thereby causes that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished by imprisonment in the
county jail not to exceed one year, or by imprisonment in the state prison."
Section 404.6 of the Penal Code states:
"Every person who with the intent to cause a riot does an act or engages in conduct that
urges a riot, or urges others to commit acts of force or violence, or the burning or destroying
of property, and at a time and place and under circumstances that produce a clear and
present and immediate danger of acts of force or violence or the burning or destroying of
property, is guilty of incitement to riot."
Police Department
2560 Orion Way I Carlsbad, CA 92010 I 760-931-2170 t
Honorable Mayor Hall and Members of the City Council
June 18, 2020
Page 2
The District Attorney's opinion after review of the on line conduct was that a crime was not
committed because the subject was protected by the First Amendment to call upon others to
protect the city from .rioters and looters. While he did mention weapons, none of it was specific
nor did it mention a date, time, or location to indicate that his comments would manifest into a
physical act. Because no crime had been committed by the subject, no criminal charges were
filed, and the subject was not arrested. The police department will continue to monitor for any
potential threats and will investigate them accordingly.
CC: Celia Brewer, City Attorney
Geoff Patnoe, Assistant City Manager