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HomeMy WebLinkAbout2020-06-18; Social Media Threats; Gallucci, Neil.. jf .,_ • To the members of the: CITY COUNCIL Date ref,~ f ~ CA ..Y_ cc ~ CM _:L ACM ~DCM (3)~ 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 {cityof 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