United States District Court, D. Columbia.
JEFFREY HENRY WILLIAMSON also known as JEFF 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, Washington, DC.
OPINION ON SENTENCING
ROSEMARY M. COLLYER, United States District Judge.
Jeff Henry Williamson represents himself, with appointed Standby Counsel. 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). As he admitted, Mr. Williamson made a June 19, 2014 phone call to the Metropolitan Police Department 911 emergency service in Washington, D.C. In that call, he threatened to kill FBI Special Agent Brian Schmitt, who works in Denver, Colorado. With an offense level of 12 and criminal history category of III, the recommended sentence under the United States Sentencing Guidelines was in the range of 15-21 months, with a statutory maximum of 10 years (120 months). For the reasons set forth below, this Court sentenced Mr. Williamson to incarceration for 96 months and supervised release for 36 months.
1. Mr. Williamson was in Denver, Colorado in 2005. He is a prolific writer of anti-government diatribes, reportedly with over 200 websites. After he placed numerous threatening and harassing phone calls to the Denver office of the Federal Bureau of Investigation, federal judges, and various federal offices, two members of the FBI's Joint Terrorism Task Force--SA Schmitt and Denver Police Officer William Gallegos--were assigned to investigate. As a result, Mr. Williamson was identified as the caller. Officer Gallegos issued a misdemeanor ticket to Mr. Williamson for Disturbance by Use of the Telephone on October 21, 2005. Mr. Williamson continued to make threatening and harassing phone calls, and Officer Gallegos issued two more tickets, on December 16, 2005 and on January 25, 2006. See Gov't Trial Ex. 13-15 (Denver Tickets).
2. SA Schmitt signed all three citations as the complaining witness. Id. The tickets were later dismissed.
3. Mr. Williamson insists that the citations were bogus and were issued because of his political opinions, as expressed on his websites. For the past nine years, Mr. Williamson has mounted a relentless campaign to persuade federal officials to punish SA Schmitt for his involvement in issuing the tickets. Among others, he has written letters to:
o Inspector General of the Department of Justice Glenn Fine, dated May 18, 2009 and August 11, 2011;
o President Barack Obama and Vice President Joseph Biden, dated May 21, 2009;
o Unit Chief Angela 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 February 10, 2011; and
o U.S. Congress, House of Representatives Committee on Government Reform, dated January 21, 2013.
4. Mr. Williamson also established an internet website, dojfbi.webs.com, which is largely devoted to his complaints about the tickets and his contention that the tickets are part of a government conspiracy of harassment and " gangstalking" against him--orchestrated by SA Schmitt--to stop him from exercising his right to free speech.
5. On February 29, 2008, Mr. Williamson sent several emails to the Public Access Center Unit, FBI Headquarters, complaining about FBI harassment and threatening to kill agents. Presentence Investigation Report (PSR) [Dkt. 265] ¶ 36.
6. On May 15 and 21, 2008, Mr. Williamson called the U.S. Attorney's Office in Houston, Texas, and left voice mail messages. In the messages, he identified himself as Jeff Williamson a/k/a DJ Blaze. He stated, " The FBI would like me to get some gasoline cocktails and come down to the U.S. Attorney's Office and f__ ing throw a couple of them at the f__ ing door" and " They want me to get a MAC 11 or MAC 10 and come down there and f__ ing shoot the f__ ing office up." Id.
7. On June 27, 2008, Mr. Williamson sent an email threatening to blow up FBI headquarters:
I have been contacting and filing complaints for about eight years.
Several Officials are allowing this harassment, misconduct and abuse to continue even though after [my] financial destruction.
Please advise FBI Director Mueller I will take justice into my own hands and blow the front of the J. Edgar Hoover building off to get everyone's attention--then CIA HQ and DOJ.
Please read the Texas penal code-threat by justifiable force, a necessity since the DOJ wants to protect these criminals.
Id. (errors in original). The email was sent from Mr. Williamson's account at firstname.lastname@example.org to ...