Turns out Neil Prescott, who at one time worked in the Congressional mail room apparently, was released from a mental hospital last week into the custody of his parents. He is only allowed out of their house for legal and treatment appointments, and he has to continue to attend counseling and take medication.
In other words, he has emphatically NOT received a clean bill of mental health.
He exemplifies the characteristics that are often used to define someone who is called disgruntled - expressing a preoccupation with firearms; accumulating an unusual quantity and assortment of firearms, accessories, and ammunition; making threats and invoking firearms as solutions to conflicts; behaving with hostility or aggression; and behaving in ways which suggest a possible mental instability.
For those of you who are wondering who the heck Neil Prescott is, he self-identified as the Joker not long after the Aurora, Colorado shooting, and was taken into custody wearing a t-shirt proclaiming "guns don't kill people, I kill people", after threatening to load up his guns and kill his former co-workers in a phone call, and indicating he wanted to kill a lot of people in online comments.
He had a private arsenal in his apartment when law enforcement intervened including large capacity magazines, assault style weapons, and thousands of rounds of ammunition, as well as an extensive and varied collection of firearms, itemized below.
From the Pasadena Patch:
Prescott Had Collector Status, Bought Firearms Legally
If you question this - see the preceding post on what gun owners, including NRA member gun owners, want in the specific area of background checks on ALL gun sales, and not allowing guns to people with mental health issues -- which is more stringent than only denying firearms to those found by a court to be a danger to themselves and others (usally part of an involuntary committment process, a very difficult legal threshold to satisfy) From a CNN poll:
The possible charges in Marlyand appear to be relatively trivial for making a death threat over the phone; in related news from the same source:
Top prosecutor Angela Alsobrooks insisted that local police “saved countless lives” when they detained Neil Prescott last week after he allegedly threatened to kill former co-workers at a Pitney Bowes facility in Capitol Heights. Police also found more than two dozen guns in his home in Anne Arundel County.
The alleged threat took place three days after a gunman opened fire in a crowded movie theater in Aurora, CO, killing 12 people and injuring 58 others.
Prescott allegedly said, "I'm the joker, and I'm going to load my guns and blow everyone up."
But prosecutors eventually determined that Prescott had broken no laws, save for section 3-804 in the Maryland Code, which prohibits the use of the telephone to “annoy, torment or harass” someone. Prescott faces a misdemeanor charge and could face up to three years in prison and a $500 fine. Prescott could also face a similar federal charge.
Alsobrooks said Wednesday there is no law in Maryland that makes it expressly illegal to threaten someone over the phone. Moreover, she said there was not enough evidence to charge Prescott with second-degree assault, and all of his firearms were legally obtained.
“I want to communicate that this is insufficient, especially in light of Mr. Prescott’s alleged threatening statements,” Alsobrooks said. “I believe that when people like Mr. Prescott threaten violence, especially in this day and age with all that we have going on, he ought to be facing felony charges, not misdemeanor charges.”
Prescott is currently being evaluated at a hospital in Annapolis. A warrant for his arrest will be served when he is released. Alsobrooks said he will not be able to recover his guns or obtain new ones while his case is being adjudicated.
Alsobrooks also said that if convicted, Prescott will be prevented from purchasing firearms indefinitely.
Laws regarding threats vary from state to state, along with penalties. In the District of Columbia, a threat to kidnap or injure another person could result in a felony conviction and a jail sentence of up to 20 years.
In Virginia, a verbal threat of harm is considered a misdemeanor, but could rise to a felony offense if the threat is communicated in writing.
In New York, making a terroristic threat is considered a felony, and the law states that it does not matter if the defendant had the intent or capability to carry out the threat.
“This situation, as far as we are concerned, highlights the need for tougher laws, and we will be lobbying for it in Annapolis,” Alsobrooks said.
Jason Cleckner, an attorney in Maryland who has worked on cases involving phone threats and harassment, said cases against people involving phone harassment are common. Usually, however, they involve people who are mentally ill or involved in domestic disputes.
Cleckner, who cautioned that he was not familiar with the details of the case involving Prescott, said the defendant's mental health could play a role in how he is prosecuted and whether he will stand trial. Cleckner said Prince George’s County judges have developed a reputation for ensuring that defendants suffering from mental illness are more likely to be treated than jailed.
He said that under current Maryland law, it does appear that charging Prescott with any additional crimes would be a reach.
“That sounds right to me,” Cleckner said. “If he hasn’t done anything, what else could they get him on?”
Cleckner acknowledged that other states may have felony statutes against threats, and said a three-year jail sentence is not a minor penalty.
“If that’s not enough to deter someone from making threats over the telephone, I don’t know what is,” he said.
In other words, he has emphatically NOT received a clean bill of mental health.
He exemplifies the characteristics that are often used to define someone who is called disgruntled - expressing a preoccupation with firearms; accumulating an unusual quantity and assortment of firearms, accessories, and ammunition; making threats and invoking firearms as solutions to conflicts; behaving with hostility or aggression; and behaving in ways which suggest a possible mental instability.
For those of you who are wondering who the heck Neil Prescott is, he self-identified as the Joker not long after the Aurora, Colorado shooting, and was taken into custody wearing a t-shirt proclaiming "guns don't kill people, I kill people", after threatening to load up his guns and kill his former co-workers in a phone call, and indicating he wanted to kill a lot of people in online comments.
He had a private arsenal in his apartment when law enforcement intervened including large capacity magazines, assault style weapons, and thousands of rounds of ammunition, as well as an extensive and varied collection of firearms, itemized below.
From the Pasadena Patch:
Prescott Had Collector Status, Bought Firearms Legally
Maryland State Police said Neil Prescott bought 16 firearms between May of 2011 and July of 2012. He passed all background checks and was permitted to buy more than one gun per month.
August 3, 2012
Police said Neil Prescott legally purchased 16 firearms in a 14 month span.
Maryland State Police say Neil Prescott legally purchased 16 weapons and component parts between 2011 and 2012, and had obtained collector status that allowed him to buy more than one gun per month.
Prescott, a Crofton resident accused of threatening to shoot former employees, did not violate any laws when he bought an array of weapons, including several pistols, revolvers and receivers. Maryland State Police said Prescott passed all background checks required to purchase firearms. His collector status was also properly applied, police said.
Collector status can be granted to to a person who "devotes time and attention to acquiring certain types of regulated firearms for the enhancement of the collector's personal collection," and who does not act as a dealer. Applicants are required to provide a signed and notarized affidavit.
Prosecutors on Thursday issued a warrant for Prescott's arrest on a misdemeanor phone misuse charge, which carries a sentence of up to three years in jail and a $500 fine. He was detained last week after police said he threatened former employees at a Pitney Bowes office in Capitol Heights. Police said they believe they may have stopped a potential mass shooting after discovering a collection of weapons inside Prescott's home.
Prescott remains hospitalized voluntarily for a mental health evaluation.
Here's a list of Prescott's purchases, according to the Maryland State Licensing Division. Note that receivers, which house the operating mechanisms, are considered regulated firearms under Maryland state law.
- May 14, 2011 – Beretta .40 caliber pistol
- June 30, 2011 – lower receiver
- August 13, 2011 – Ruger .357 revolver
- December 10, 2011 – Springfield .9mm pistol
- April 10, 2011 – five lower receivers
- two Kahr Arms 9mm pistols.
- April 19, 2012 – Saiga .762 caliber rifle
- June 16, 2012 – Beretta 9mm pistol
- June 20, 2012, and July 14, 2012 – Weapons not yet entered into state database.
If you question this - see the preceding post on what gun owners, including NRA member gun owners, want in the specific area of background checks on ALL gun sales, and not allowing guns to people with mental health issues -- which is more stringent than only denying firearms to those found by a court to be a danger to themselves and others (usally part of an involuntary committment process, a very difficult legal threshold to satisfy) From a CNN poll:
The poll indicates that two meet with almost unanimous approval: Ninety-six percent are in favor of background checks and 91% support laws to prevent convicted felons or people with mental health problems from owning guns.
The possible charges in Marlyand appear to be relatively trivial for making a death threat over the phone; in related news from the same source:
Prosecutors Handcuffed By Law in Threat Case
The State's Attorney for Prince George's County said she'll fight for tougher laws against making threats, after determining she could only charge Neil Prescott with phone misuse.
The State’s Attorney in Prince George’s County said she will push for tougher laws against people who make threats, after concluding that she could only charge a Crofton man with misdemeanor phone misuse.Top prosecutor Angela Alsobrooks insisted that local police “saved countless lives” when they detained Neil Prescott last week after he allegedly threatened to kill former co-workers at a Pitney Bowes facility in Capitol Heights. Police also found more than two dozen guns in his home in Anne Arundel County.
The alleged threat took place three days after a gunman opened fire in a crowded movie theater in Aurora, CO, killing 12 people and injuring 58 others.
Prescott allegedly said, "I'm the joker, and I'm going to load my guns and blow everyone up."
But prosecutors eventually determined that Prescott had broken no laws, save for section 3-804 in the Maryland Code, which prohibits the use of the telephone to “annoy, torment or harass” someone. Prescott faces a misdemeanor charge and could face up to three years in prison and a $500 fine. Prescott could also face a similar federal charge.
Alsobrooks said Wednesday there is no law in Maryland that makes it expressly illegal to threaten someone over the phone. Moreover, she said there was not enough evidence to charge Prescott with second-degree assault, and all of his firearms were legally obtained.
“I want to communicate that this is insufficient, especially in light of Mr. Prescott’s alleged threatening statements,” Alsobrooks said. “I believe that when people like Mr. Prescott threaten violence, especially in this day and age with all that we have going on, he ought to be facing felony charges, not misdemeanor charges.”
Prescott is currently being evaluated at a hospital in Annapolis. A warrant for his arrest will be served when he is released. Alsobrooks said he will not be able to recover his guns or obtain new ones while his case is being adjudicated.
Alsobrooks also said that if convicted, Prescott will be prevented from purchasing firearms indefinitely.
Laws regarding threats vary from state to state, along with penalties. In the District of Columbia, a threat to kidnap or injure another person could result in a felony conviction and a jail sentence of up to 20 years.
In Virginia, a verbal threat of harm is considered a misdemeanor, but could rise to a felony offense if the threat is communicated in writing.
In New York, making a terroristic threat is considered a felony, and the law states that it does not matter if the defendant had the intent or capability to carry out the threat.
“This situation, as far as we are concerned, highlights the need for tougher laws, and we will be lobbying for it in Annapolis,” Alsobrooks said.
Jason Cleckner, an attorney in Maryland who has worked on cases involving phone threats and harassment, said cases against people involving phone harassment are common. Usually, however, they involve people who are mentally ill or involved in domestic disputes.
Cleckner, who cautioned that he was not familiar with the details of the case involving Prescott, said the defendant's mental health could play a role in how he is prosecuted and whether he will stand trial. Cleckner said Prince George’s County judges have developed a reputation for ensuring that defendants suffering from mental illness are more likely to be treated than jailed.
He said that under current Maryland law, it does appear that charging Prescott with any additional crimes would be a reach.
“That sounds right to me,” Cleckner said. “If he hasn’t done anything, what else could they get him on?”
Cleckner acknowledged that other states may have felony statutes against threats, and said a three-year jail sentence is not a minor penalty.
“If that’s not enough to deter someone from making threats over the telephone, I don’t know what is,” he said.
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