Man Tired of Being Single – Makes Terrorist Threats While Visiting Utah

A Colorado man visiting Utah was tired of being single and used social media to make terrorist threats against girls.

Loveless and lawless

Terrorist threats

Photo by: Pietro Zanarini

27 year old Christopher Wayne Cleary of Denver, Colorado was visiting Provo, Utah when he posted on Facebook his woes regarding his lack of a romantic life. In the midst of his personal oversharing, he also made terrorist threats against girls by threatening to cause a mass shooting and kill “as many girls as I see.” Alert members of the online community contacted Denver police who then tracked Cleary down to his location in Provo. Officers in police were able to apprehend Cleary peacefully where he was then questioned before being booked into the Utah County jail for making the terrorist threats.

Making terrorist threats

Cleary is facing charges of a probation violation as well as felony charges for making terrorist threats. Utah Code 76-5-107.3 states “A person commits [terrorist threats] if the person threatens to commit any offense involving bodily injury, death, or substantial property damage, and:

• Threatens the use of a weapon of mass destruction . . . ; or
• Threatens the use of a hoax weapon of mass destruction . . . ; [both second degree felonies] or
• Acts with intent to:
o Intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government [a second degree felony];
o Prevent or interrupt the occupation of a building or a portion of the building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier [a third degree felony] ; or
o Cause an official or volunteer agency organized to deal with emergencies to take action due to the person’s conduct posing a serious and substantial risk to the general public [a class B misdemeanor].”

That section goes on to note that “A threat under this section may be express[ed] or implied.”

Social media oversharing

Law enforcement officers did not report finding any weapons on Cleary and when they found him he was merely sitting at a McDonalds, not taking actions to carry out his threat. Cleary was compliant with police and when asked, he didn’t deny making the terrorist threats. According to Cleary, he posted the threat on Facebook when he was distraught and quickly took it down following the backlash from other Facebook users. While it may be seen as awkward and even inappropriate, many social media users use their posting rights to “vent” when they are upset. Some may overshare by openly saying what is on their mind. Others might participate in “Vague-booking” or posting vague comments to get the attention of someone specific or anyone who will ask follow-up questions. However they go about it, often these “venting” posts are taking down once the person has calmed down and realized they have probably posted a little bit too much personal information for every single one of the Facebook friends to see.

Crossing the criminal line

While the awkward venting posts may not result in much more than embarrassment, using the social media resource to threaten harm on a single individual or a group of people can quickly lead to criminal charges even if the person never had any intention of carrying out their threat. Utah Code 76-5-107.3 defined above warns that “it is not a defense . . . that the person did not attempt to carry out or was incapable of carrying out the threat.” Anyone using their accounts for venting are warned to always keep their posts within legal boundaries. Those facing criminal charges for comments or posts they made to any social media accounts including terrorist threats are encouraged to immediately seek legal counsel from a reputable attorney.

Utah Man Arrested For Enticement of a Minor after Contacting Authorities Himself

A Utah man was arrested for enticement of a minor after contacting authorities himself following an issue with the minor’s parent.

Opening an investigation on himself

Photo by: Andrew_Writer

54 year old Nichalos Deelstra put in a call to the FBI to report that someone on Craigslist was trying to get him to pay for repairs to their vehicle. It turns out the person asking Deelstra to cover repairs was the father of the minor boy Deelstra was soliciting over the internet. The father of the minor wanted Deelstra to fix the family car after the boy caused bodily damage to it while attempting to meet up with Deelstra. Deelstra was subsequently charged with enticement of a minor.

Enticement of a Minor

Utah Code 76-4-401 states: “A person commits enticement of a minor when the person knowingly uses the Internet or text messaging to:

(i) initiate contact with a minor or a person the actor believes to be a minor; and
(ii) ( . . . ) by any electronic or written means, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minor or a person the actor believes to be the minor to engage in any sexual activity which is a violation of state criminal law.”

The punishment for enticement of a minor is one degree below what the punishment would have been if the sexual act had been carried out.

No leniency with prior sexual offenses

Those convicted of enticement of a minor can expect no leniency to their sentencing if they have prior sexual offenses on their record. Utah Code 76-4-401 states: “When a person who commits a felony violation of this section has been previously convicted of an offense [such as child kidnapping, rape, object rape, forcible sodomy, aggravated sexual abuse] the court may not in any way shorten the prison sentence, and the court may not:

i. Grant probation;
ii. Suspend the execution or imposition of the sentence;
iii. Enter a judgement for a lower category of offense; or
iv. Order hospitalization.”

With the aid of an experienced defense attorney, those who are facing enticement of a minor and have no prior sexual offenses such as Deelstra may be eligible for a shortened sentence or other reduction in their charges.

Life After a Conviction: Collateral Consequences After Being Released

Ex-convicts who have been arrested and sentenced in Utah may face what are known as collateral consequences after being released back into the community; making life after a conviction miserable for those attempting to rebuild their lives.

Criminal penalties and time served

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Every crime that is committed is countered with legal ramifications that range from probation and community service to a hefty fine and predetermined stint behind bars. Criminal penalties are a direct consequence of a conviction and can vary depending on what law has been broken and whether or not there are multiple charges or subsequent offenses. Once a defendant is sentenced for their wrong-doing, they then carry out their sentence as a sort of legal penance for their misconducts.

Almost free – AP&P

Often when someone has been sentenced or following a period of incarceration, they are sometimes released early on what is known as either probation or parole; both of which grant a convicted person restricted freedom. There are special conditions attached to being on probation and parole that a convicted individual must follow in order to retain their pseudo independence and work towards their complete release. According to the Utah Department of Corrections, the conditions of probation and parole may include:

• Abstaining from controlled substances and submitting drug tests when requested;
• Refrain from owning any dangerous weapons;
• Not associate with those who are involved with criminal activity;
• Obeying curfew that is set by the AP&P officer; and
• Allowing AP&P officers to visit the offender’s home or work to ensure they are abiding by the rules associated with probation or parole.

Parole conditions also include:

• Living only at an approved residence;
• Obtaining permission before leaving the state;
• Maintaining regular full time employment; and
• Allowing random searches of their person or belongings.

AP&P officers enforce these strict rules and expect regular reporting by offenders until their time on probation and parole are finished.

Life on the outside

Photo by: Hartwig HKD

After completing a stint behind bars or following a successful period on probation or parole, a person who has been legally convicted of a crime is then released back into the community and expected to try and live a normal life. Returning to the free world after a lengthy period of time can be a difficult experience for ex-convicts however. They are often returning to lost jobs and/or homes as well as broken families and public shame. If this isn’t enough, ex-convicts also face what is known as collateral consequences of their conviction that make life after release even more unbearable.

Collateral consequences – civil punishment after release

According to the National Institute of Justice, “Criminal conviction brings with it a host of sanctions and disqualifications that can place an unanticipated burden on individuals trying to re-enter society and lead lives as productive citizens.” These unfamiliar burdens post-conviction are known as collateral consequences. Collateral consequences are civil penalties carried out by the state that are not always mentioned in court. NIJ also stated that collateral consequences “attach not only to felonies and incarcerated individuals but also to misdemeanors and individuals who have never been incarcerated.” Some collateral consequences are well known such as convicted felons not being able to possess firearms or serve on a jury. Others are unexpected and not reserved only for felons.

The harsh reality post-conviction

Photo by: Kathryn Decker

The Utah Sentencing Commission released a document in 2014 that lists 15 difference areas of life that will be affected by having a criminal record. They also listed the the amount of collateral consequences for each area:

Area and number of collateral consequences

• “Employment                                                     435
• Occupational and professional licensing  273
• Business licensing and property rights     234
• Government programs                                     14
• Government loans and grants                         3
• Judicial rights                                                      21
• Government benefits                                         7
• Education                                                             18
• Political/civic participation                            68
• Housing                                                                22
• Family/domestic rights                                   35
• Recreational license/firearms                       20
• Registration and residency restrictions     63
• Motor vehicle licensure                                   41
• General relief provision                                  20
Total                                                                   1,274

Every one of these areas that are critical to living a normal life is affected when a person is a convicted felon. Surprisingly, 12 out of 15 listed areas have collateral consequences for those who have simple misdemeanor conviction on their record.

Legal counsel

It is vital for anyone facing criminal charges to know the ramifications that any charge can carry, whether those implications are criminal penalties or collateral consequences. Before pleading guilty or accepting a plea bargain, discuss all possible criminal and collateral consequences first with an experienced a criminal defense attorney