Someone had to “reasonably” determine that a threat of deadly force was imminent to warrant an immediate investigation to track down the offender and make an arrest...
So if someone were alarmed enough to call law enforcement in this case, why did the investigation determine that it was a reasonable threat, considering the source???
Seems to me someone wasn’t doing their job very well...
It has more to do with the suspect intending to cause the public or a substantial group of the public to be placed in fear of imminent death or serious bodily injury.
The most common thing I see is guys venting to a small group of friends while drinking after work, and for whatever reason (opportunity for advancement at work by getting the person locked up and fired- or out of jealousy) someone in the group reports it in a very skewed and exaggerated manner.
The cops often focus on the seriousness of the threat without paying attention how the threat was communicated.
They forget the most crucial part of the statute.
Even worse the magistrates often rubber stamp the probable cause affidavits. They are often afraid that something bad will happen later and reelection is out of the question.
Too often there isn’t a single person in the chain of events who both knows the law and bothers to follow it. That’s when a crying mother or girlfriend usually calls me.
And the bonds are often proportionate to the inflamitory nature of the alleged statements.