United States District Court, D. Columbia.
Filed February 28, 2015
JEFFREY HENRY WILLIAMSON, Defendant, Pro se, Washington, DC.
For JEFFREY HENRY WILLIAMSON, also known as JEFF WILLIAMSON, Defendant: Thomas Abbenante, LEAD ATTORNEY, THOMAS ABBENANTE, ESQ., Washington, DC.
For USA, Plaintiff: Frederick Walton Yette, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Criminal Division, Washington, DC.
Regarding Motion for Judgment of Acquittal and New Trial [Dkt. 232]
ROSEMARY M. COLLYER, United States District Judge.
Jeff Henry Williamson moves for a judgment of acquittal or for a new trial after a
jury convicted him of threatening to assault and murder an FBI agent with intent to retaliate against the agent on account of his performance of official duties, in violation of 18 U.S.C. § 115(a)(1)(B). Mr. Williamson represented himself at trial, with appointed Standby Counsel; he continues to proceed pro se with Standby Counsel. Because a " rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt," see United States v. Wahl, 290 F.3d 370, 375, 351 U.S.App.D.C. 284 (D.C. Cir. 2002), the motion for acquittal will be denied. Further, because there was no substantial error, or in fact any error, affecting Mr. Williamson's substantial rights, the motion for new trial will be denied. See United States v. Walker, 899 F.Supp. 14, 15 (D.D.C. 1995).
FBI Special Agent (SA) Brian Schmitt and Denver Police Officer William Gallegos testified at trial in this case that from 2005 to 2006 they investigated the Defendant, Jeff Williamson, while they served on an FBI Task Force in Denver, Colorado. Mr. Williamson had been making harassing and threatening telephone calls to the FBI Denver office, the U.S. Attorney, and the Chief Judge of the U.S. District Court for the District of Colorado. SA Schmitt and Officer Gallegos were assigned to investigate. As part of their investigation, Officer Gallegos issued citations for Disturbance by Use of Telephone to Mr. Williamson on October 21, 2005; December 16, 2005; and January 25, 2006. See Gov't Trial Ex. 13-15 (Denver Tickets). SA Schmitt was listed as the complaining witness on the three tickets.
On June 4, 2010, Mr. Williamson was convicted of making threatening communications in internet commerce in violation of 18 U.S.C. § 875(c); he threatened to kill an Assistant United States Attorney in Houston, to kill FBI agents, and to blow up FBI headquarters in Washington, D.C. See United States v. Williamson , 4:08-CR-539 (S.D. Tex.) (Judgment filed June 4, 2010). Mr. Williamson was sentenced to incarceration for a term of forty-two months and supervised release for a term of three years. When Mr. Williamson completed his sentence, he was released. He violated the terms of his supervision by threatening a realtor and brandishing a false gun. His release was revoked. Mr. Williams completed a second period of incarceration and was released in Texas on November 29, 2013. He arrived in Washington, D.C. sometime before May 2014.
Mr. Williamson operates websites titled www.watchdogblog.webs.com, www.dojfbi.webs.com, and numerous others, purporting to act as a government watchdog. Without evidentiary support, Mr. Williamson claims that (1) SA Schmitt and Officer Gallegos acted illegally in issuing the three citations in Denver and (2) since the tickets were issued in 2005-2006, SA Schmitt, working with FBI and other law enforcement agents across the country, has " gangstalked," harassed, and otherwise caused Mr. Williamson financial and other damage due to Mr. Williamson's websites.
Mr. Williamson wrote numerous letters to government officials complaining about SA Schmitt's alleged misconduct. He sent letters to:
o Inspector General of the Department of Justice Glenn Fine, dated May 18, 2009 and August 11, 2011;
o President of the United States Barack Obama and Vice President Joseph Biden, dated May 21, 2009;
o Unit Chief Anglela L. Byers, Inspection Division of the FBI, dated June 25, 2009;
o Judge David Hittner, U.S. District Court for the Southern District of Texas, dated ...