TYC facility receives three envelopes addressed to cadets at the facility. When opened by staff they immediately noticed a white powdery substance contained inside the "greeting cards." The facility was locked down and the Sheriff, FBI, Rangers and Hazmat team all responded. The substance turned out to be coffee creamer. The cards were simple greeting cards with nothing written on the inside. We are trying to figure out what charges we can bring, if any. Terroristic threat was my inclination but it appears there was no "threat to commit any offense involving violence" as required by the statute. Any ideas?
The local postmaster might have some ideas.
I agree with Alex, check with your postmaster. I also think that sending something like that, knowing what people will think it is, IS communicating a threat under 22.07. The annotation in the TDCAA code says that "the statute is silent on the form the threat has to take." I would argue that 22.07(3)and(5) both apply in this case.
The Feds are saying that they aren't interested because, according to them, no threat was made.
It might be a stretch, but what about interference with public duties? It's a criminal negligence standard, and it certainly interrupted, disrupted, or otherwise interfered with peace officers who were trying to maintain control of the situation, and who were removed from other legitimate responsibilities to investigate this stunt.
Did you actually speak with a Postal Inspector?
I only spoke with an FBI agent. I will try and go directly to a Postal Inspector.
Does "violence" necessarily mean something involving a weapon, fists, bombs, etc.? I would think threatening someone with a biological agent such as anthrrax, which is what the average person would think when they saw the poweder in the cards, is also "violence."
Once you find out who sent the envelope, it might be interesting to interview people who know the person - cell mates or neighbors for example - to find out what kind of admissions or statements he or she was making around the same time that the envelope was mailed. There might be other circumstances to be discovered as well that could shed some light on the intent behind the mailing.
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