(NewsGlobal.com)- The New York City man who allegedly sent hundreds of online threats to three Fox News hosts and their families will not be prosecuted for violating his deferred prosecution agreement.
Jeffrey Rodriguez was arrested last year and charged with six counts of cyberstalking and threatening interstate communications for vile missives after he repeatedly said he would kill the Fox News anchors.
Rather than seek a trial or plea deal, federal prosecutors in Manhattan came to a deferred prosecution agreement with Rodriguez in May, agreeing not to prosecute him if he followed certain requirements for one year. The requirements included not making social media posts directed at anyone from Fox News and participating in mental health treatment.
Unsurprisingly, it only took him three months to violate the terms.
Earlier this month, Rodriguez tagged one of his victims in an Instagram post.
But prosecutors decided to give Rodriguez a pass, instead asking Magistrate Judge Barbara Moses to “admonish” him and issue a warning.
And Moses did just that.
Last Thursday, the judge told Rodriguez that he’d “been lucky thus far.” Moses told Rodriguez at the hearing that the discretion to arrest him lies with the US Attorney’s Office and she would have been powerless to stop US Attorney Madison Smyser from arresting him.
Moses said the prosecutor saw his Instagram post as an “aberration” and thinks Rodriguez can still “get a grip” on his conduct.
In short, the US Attorney drew a line in the sand. Rodriguez crossed it. So the US Attorney took a step back and drew another line in the sand.
One can’t help but wonder if the same would’ve happened if Rodriguez had repeatedly made death threats against Rachel Maddow or Don Lemon.
Rodriguez’s lawyer, Neil Kelly, blamed his client’s actions on excessive drinking and said Rodriguez has been seeking mental health treatment.
The judge ordered Rodriguez to undergo random breathalyzers during the remainder of his deferred prosecution and released him.
“You will not get another chance,” she warned him.