One of four charges dismissed against Maryland e-mailer

May 12, 2001

A judge yesterday dismissed one of the four charges against a Maryland man accused of sending threatening messages over the Internet in the wake of the Santana High School shootings.

San Diego Superior Court Judge Gale E. Kaneshiro ruled prosecutors had not shown that one of two East County high school girls who received the messages suffered "sustained" fear from the threats, as the law requires.

Kaneshiro also reduced 18-year-old Patrick Smith's bail from $200,000 to $50,000, citing his lack of a criminal record.

Prosecutor Michael Groch said after the hearing that the charge Kaneshiro dismissed, which involved a lengthy message "chat" Smith engaged in with a 15-year-old West Hills High school student, will likely be refiled.

In dismissing the count the judge agreed with the argument made by Stephen Cline, Smith's attorney, that, while his client's conduct was objectionable, all of it was not criminal.

Cline, who called Smith's messages "a really stupid thing," argued prosecutors were stretching when they sought felony charges.

He said the case amounted to Smith "goofing around on the computer, looking for trouble -- and he found it."

Smith was arrested March 9 at his home in Walkersville, Md. He was charged with sending messages on March 7 to two 15-year-old students, one who attended Santana, the other West Hills.

The messages were sent via Instant Messenger, a method by which people cam communicate in real time on computers. They came just two days after Santana High School freshman Charles "Andy" Williams was arrested for opening fire at the school, killing two students and injuring 13 people.

One message to the Santana student, laden with incorrect grammar, warned her, "don't go to school friday, i liked you, but, im finishing what andy started and this time its going to work," according to a transcript of the messages from the District Attorney's Office.

The frightened student told her parents, who reported the incident to the Sheriff's Department, according to testimony from Detective Gary Williams.

Williams said the department also learned from West Hills on March 8 that a student there had received threats in an online exchange that lasted about 30 minutes.

Defense lawyer Cline questioned Williams carefully about the exchange, which included several disturbing phrases, including, allegedly, a threat to shoot people and rape the student.

Cline also argued that the student's fear was for what would happen to students at Santana High School, not for herself or her family. He also argued that in parts of the conversation, the student was playing along with Smith and was not afraid.

Outside of court Cline said the media attention surrounding the Santana shooting affected how the case against his client was prosecuted, contending that there were some "PR issues here" involving the District Attorney's Office.

Smith's parents attended the hearing and outside the courtroom said that their son is a good kid who needs help. Cline said Smith has psychological problems requiring medication, which he was not taking when he sent the messages.