terrorism

May 18, 2022

Legal Elements of the Buffalo, NY Mass Shooting

by Law Offices of David L. Freidberg, P.C.

Chicago residents are no strangers to gunfire, but this particular mass shooting was a targeted attack on a predominantly Black neighborhood in one of Buffalo’s East Side neighborhoods. The shooter traveled halfway across the state from a small rural upstate town to commit the murder. He researched which area was most likely to contain the most Black people and murdered eight Black people and two white people, all told.

In this case, a federal background check was conducted on the shooter prior to his purchase of an AR-15 in January of this year. Similar failures occurred in the Nikolas Cruz case, the killer who used an AR-15 to shoot up a Parkland high school. In the latter case, the federal government was sued for failing to intervene and for negligently issuing a permit to a deranged psychopath, but the lawsuit was dismissed.

Which Laws Failed?

March 25, 2020

Missouri Man Charged with Making Terror Threat in Grocery Store

by Law Offices of David L. Freidberg, P.C.

In the age of the coronavirus, crime still exists even as the courts are mostly shut down across the United States and especially here in Illinois. In fact, throughout much of the U.S., the criminal justice system is on pause. However, in Missouri, one man has been charged with making terrorist threats after he videoed himself licking deodorant in a Missouri Walmart.

Cody Lee Pfister was arrested by the Warrenton police department after posting the video to social media on March 11. The Warren County Prosecutor’s Office has charged him with making terrorist threats in the second degree. The allegations read something like: Pfister knowingly caused a false belief or fear that a condition or danger was present that involved a danger to life. He did this with reckless disregard of the risk of stirring panic, evacuation, quarantine, or closure.

Making a Terrorist Threat in the Second-Degree

October 2, 2019

Man Who Drove SUV into Mall Charged with Terrorism

by Law Offices of David L. Freidberg, P.C.

Javier Garcia, the 22-year-old man who drove an SUV into the Woodfield Mall in Schaumburg, has been charged with terrorism. Illinois State Law defines terrorism as any act that causes more than $100,000 worth of damage to a building with five or more businesses inside of it. Unluckily for Garcia, malls apply. He faces a second count of criminal property damage.

Investigators say that this was a planned attack and that Garcia had searched for the Woodfield Mall, including aerial shots of the mall. He seemed particularly interested in Sears for some reason, but no motive for the act has yet been unearthed.

Those who were there on the scene when Garcia drove his SUV through the mall recall the vehicle barrelling through kiosks and shoppers running panicked for their lives. Garcia was caught on video browsing in Sears, then he left the building and drove his vehicle into the store. Police said that Garcia narrowly missed a children’s train that had children riding on it. While no one was hit by the car itself, three people had to be taken to the hospital with minor injuries.

April 21, 2017

Terrorist Threats in Chicago

by Law Offices of David L. Freidberg, P.C.

Making terrorist threats is a serious crime that can lead to significant terms of custody. This is particularly true in this age of international terrorism, which has the capability of harming thousands of people. The global definitions hold sway. Interestingly, the law is rarely used in Chicago, not least because the controls put in place make it difficult for people who are that way inclined to hurt the rest of the population. There are instances in which the law has been used to suppress free speech and protest. For example; there was some public outcry when people who had been protesting against NATO were prosecuted. Other defense attorneys have argued that the law may be written in such a vague way that it opens the way for eventual abuse.

This is a law of which the public at large is critical. Terrorism causes terror and that is the beginning point of the prosecution. This criterion is also being modified in order to reflect the realities of a crime that is still in its development stages. For example, a threat made in jest whilst on a plane is bound to cause significant stress nonetheless. Therefore, the prosecutor will be given leeway to prosecute based on the reasonable expectations and anticipations of the people that are on the airplane. Indeed, it would be advisable not to make any threats at all because they could fall under other criminal laws.

Credibility of the Threat