Derrick Murray Criminal Complaint - 14 News, WFIE, Evansville, Henderson, Owensboro
This is the FBI afidavit. LOTS of info here and very interesting.
Here is the link Bishopp. It doesn't work from my phone so it may be a dead link. I have a hard copy if you want to see it.
The 18 USC "875c" is threats to kidnap or injure a person communicated "interstate". Fine or imprisonment of no more than 5 years.
Based on the link it would seem that they are hoping the feds can convict on the "up to 5 years" as the last time the state brought an intimidation charge against him it was reduced to a misdemeanor.
As far as the "counts" go (from a non-lawyer perspective).
Count 3 seems pretty weak. He says that he would "like" to test on them. I can say I would "like" to do all sorts of criminal acts but that does not constitute actually threatening to do it.
Count 2 is a bit stronger but he doesn't actually come right out and say he is going to blow something up. He doesn't mention that he is going to use the explosives he has, just that he has them and he was "just lying" about that. He could have easily said "I have Herpes and Evansville is going to feel my pain". Doesn't mean he is going to go out and have unprotected sex, infecting the masses of Evansville with Herpes.
He could even be referring to committing suicide by blowing himself up and causing a big scene. Evansville would "feel" his pain (in his depressed belief) by seeing the after effects of his suicide.
Count 1 is, IMO, the strongest as he actually says a cops house is going to be "hit" however he could argue that he was not actually saying that he was going to do the "hitting" or that he would be involved in it himself. Maybe it was something he heard and he was just repeating it and agreed that the "cops" needed to be taught a lesson. He further goes on to state that he doesn't care about the family of the "cops" because he doesn't even care about his own life and he has his reasons for his lack of concern. Time is ticking as the 4th was about 3 weeks or so away at that time and perhaps the police should be on alert.
Based on the above or some version of it they will probably argue it was protected speech.
Personally based on what I've read about the fellow I think he needs to be put away but I really wish they had a stronger case.
My predictions:
If it doesn't get dismissed then he will probably plead down to something less.
Amen...... A number of people have already died in botched raids like that. Somehow or other the cops have to get professional and the judges need to follow suit.
Another Evansville case to watch...
Make that list, Frosty. I'm counting on you to keep me updated.
And now that it's reached court the city wants to weasel out of it and has released the video of their daring daytime raid, to show that their white knights were all on the up and up. Here's hoping the judge refuses their request to dismiss.
City seeks favorable ruling in SWAT incident lawsuit; police video shows what happened - story