Plea deal struck over alleged threat to children posted on Facebook in Comal County

Justin River Carter, 19 has been locked up since March on a terroristic threat charge over the facebook post that he says, in a jailhouse letter to the judge, was a misguided attempt at humor. "I was trying to be witty and sarcastic. I failed and I was arrested." less Justin River Carter, 19 has been locked up since March on a terroristic threat charge over the facebook post that he says, in a jailhouse letter to the judge, was a misguided attempt at humor. "I was trying to ... more Photo: Comal County Sheriff's Office Photo: Comal County Sheriff's Office Image 1 of / 3 Caption Close Plea deal struck over alleged threat to children posted on Facebook in Comal County 1 / 3 Back to Gallery

A plea deal has resolved felony charges brought against Justin R. Carter over a 2013 Facebook post about shooting up a kindergarten, which he cast as a failed attempt at humor.

Defense attorneys say Carter, 23, pleaded guilty in Comal County on Wednesday to a misdemeanor charge of making a false report.

At the Wednesday hearing, state District Judge Jack Robison had been expected to only consider a defense motion seeking modified bond conditions for Carter.

Defense attorney Don Flanary said Carter, now an Austin resident, was sentenced to time served and no fine under the sentencing agreement hammered out with prosecutor Sammy McCrary.

District Attorney Jennifer Tharp said in a statement issued late Wednesday that she hopes Carter has learned a lesson from the incident, which she said could not merely be dismissed as an exercise of free speech.

“In this day and age, threats to shoot up schools and harm children simply cannot be tolerated,” she said. “We are thankful to the quick response of law enforcement and that they took serious Carter's threats to shoot up a kindergarten class.”

Carter’s trial on two felony charges of making a terroristic threat had been set for May 14.

“Both sides have been so entrenched for so long that I think it was a nice surprise that we could get together and get it resolved,” said Flanary, calling the resolution “fair and just.”

His co-counsel, Chad Van Brunt, said Robison appeared surprised when presented with the proposed plea deal, which he then approved.

“When you settle, it’s never perfect, but I’m happy with the result and Justin is very happy,” said Van Brunt.

Carter could not immediately be reached for comment.

The felony charges against Carter stemmed from a graphic post he made Feb. 13, 2013, when he was living in Comal County. Much of the post was in all capital letters, in response to another Facebook post that suggested he had mental problems.

He wrote, in part, “I'm (messed) up in the head alright, I think I'ma SHOOT UP A KINDERGARTEN..... AND WATCH THE BLOOD OF THE INNOCENT RAIN DOWN …”

Later in the thread he also wrote jk (just kidding) and lol (laugh out loud), Flanary said.

Carter was arrested one day later and held for five months in jail under $500,000 bail before an anonymous benefactor posted bond for him.

In a May 17, 2013, letter from jail to Robison, Carter told the judge “I wasn't trying to scare anyone, I was trying to be witty and sarcastic.”

In denying defense motions to dismiss the charge at a prior hearing, the judge said a jury should decide if Carter overstepped constitutional protections for free speech.

The legal proceedings were extended by two unsuccessful defense challenges to the constitutionality of the charging statute in the Third Court of Appeals, each of which spurred a subsequent petition for discretionary review by the Court of Criminal Appeals.

The motion Robison was originally slated to consider Wednesday sought to eliminate one of the conditions of Carter’s release on bond, a ban on using a computer to access any online services without prior written consent of the community supervision and corrections department.

The defense said the restriction precluded Carter from obtaining employment and continuing his education, and infringed on his right to free speech.