United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
Riggs United States District Judge.
MATTER comes before the Court upon Defendant's Motion to
Dismiss Indictment, filed December 13, 2019 (Doc.
45). Having reviewed the parties' pleadings and
exhibits, the Court finds that Defendant's motion is not
well-taken and, therefore, is DENIED.
9, 2019, the Grand Jury returned an indictment charging
Defendant with one count of transmitting in interstate or
foreign commerce a communication containing any threat to
kidnap any person or any threat to injure the person of
another, in violation of 18 U.S.C. § 875(c).
On or about June 19, 2019, in Valencia County, in the
District of New Mexico, the defendant, ANTONIO CARRILLO,
knowingly and willfully did transmit in interstate commerce
via Facebook, and interstate social media company, a
communication, specifically a social media post, to the
American Civil Liberties Union, and the communication
contained a threat to injure American Civil Liberties Union
Doc. 10. The alleged threat was posted as a
comment on a Facebook threat, and reads as follows:
“You Bitches Want a Physical Civil War.. I'm
Game..I'll bring My Farm Implements and They will Never
find your Bodies..AND for Fun I'll BURN Every ACLU Office
in the State.. GO TRUMP GO.!”
Doc. 3 at 6 (complaint). Defendant also
allegedly made the following post on Twitter publicly
directed to @realDonaldTrump:
“@realDonaldTrump, YOU Say YOU are going to DEPORT
Thousands.. People are Saying, ; I'LL believe it when I
see it..Personally When Civil War Starts.. I'm Going to
Burn Down EVERY ACLU Office in New Mexico.”
Doc. 3 at 6. The indictment charges
Defendant for the Facebook post, but not the Twitter post.
Indictment is Sufficient to Apprise Defendant of the
argues that the indictment is insufficient, because it omits
an element of the crime charged. Pursuant to Federal Rule of
Criminal Procedure 12(b)(3), a motion may raise “a
defect in the indictment or information, including ...