Justin Carter, the 19-year-old who was imprisoned earlier this year for a Facebook comment interpreted as a terrorist threat, will file a motion for dismissal on August 12, his lawyer says.
Lawyer Don Flanary, who is representing Carter, says they're hoping the Comal County, Texas court will dismiss their case during the hearing, and if not, there are "many other avenues to take it up on appeal."
"I think the law is definitely on our side," Flanary told me this afternoon.
Carter was arrested in February for his comments a Facebook thread following a heated League of Legends match. In response to a person calling him "effin' crazy," Carter wrote, "I'm fucked in the head alright, I think Imma shoot up a kindergarten and watch the blood of the innocent reign down."
He was arrested and held in jail until earlier this month, when an anonymous benefactor donated $500,000 to his family in order to get him out on bail.
If convicted, Carter could be imprisoned for up to a decade. And according to Flanary, he was charged before anyone saw the full context of his remarks—only a four line exchange was screencapped and acquired by investigators in the case.
The exchange, according to Flanary:
Person A: "You're effin' crazy"
Carter: "I'm fucked in the head alright, I think Imma shoot up a kindergarten and watch the blood of the innocent reign down."
Person B: "I hope you fucking burn in hell you fucking prick."
Carter: "And eat the burning heart of one of them."
Other parts of the Facebook exchange have not yet been released.
"It's clearly sarcasm," Flanary said. "The prosecutors then, they don't get the entire [thread. They charged him before looking at the entire thread."