Man gets federal prison for Obama, Shumlin threats

Dakota Gardner said he was bored with the monotony of state prison and wanted to go to federal prison instead when he sent several letters threatening to seriously harm President Barack Obama and Gov. Peter Shumlin.
http://rutlandherald.com/article/20130716/NEWS01/707169828

ublished July 16, 2013 in the Rutland Herald Man gets federal prison for Obama, Shumlin threats By Lucia Suarez STAFF WRITER Dakota Gardner said he was bored with the monotony of state prison and wanted to go to federal prison instead when he sent several letters threatening to seriously harm President Barack Obama and Gov. Peter Shumlin. He said he was about to get out of jail and figured he would be put back in federal prison if he made these threats. “I didn’t have the control to be out in the community,” Gardner said. The 22-year-old Springfield man was wearing an orange jumpsuit when he addressed federal Judge Christina Reiss, who sentenced him Monday to 51 months in federal prison and three years of supervised release, for sending threatening letters to President Barack Obama, Shumlin and an employee of the Social Security office in Rutland. “First I want to apologize,” he said. “I agree — the letters were pretty gruesome.” Gardner said over the past year he has worked to change his life. “I don’t want to be in jail all my life,” he said. “I need to stop and change my behavior and this is what I have done over the last year and a half.” Reiss told Gardner she appreciates that he understands the nature of the letters was inappropriate and gruesome, adding that he “didn’t miss anything.” The judged said one major concern was the letter to the Social Security employee, who was trying to help him receive benefits. “You open the mail and get this — it has an impact,” Reiss said. “They were just doing their job.” Gardner sent the letters early last year while incarcerated on a 2009 assault charge at the Southern State Correctional Facility in Springfield. A federal judge last year sealed the records on the basis that the threats described were too gruesome and inflammatory to be made public. Gardner is also accused of assaulting a fellow inmate in April 2012, causing life threatening injuries. Charges in that case are still pending, according to Reiss. At Monday’s sentencing hearing, Assistant U.S. District Attorney Christina Nolan argued that an additional obstruction of justice enhancement was warranted following a competency evaluation during which Gardner was acting “malingered.” She said Gardner was faking his psychosis during the evaluation and that he was doing so in an attempt to disturb the investigation. After listening to testimony by the doctor who evaluated Gardner and determined he suffered from borderline personality disorder and anti-social personality disorder, Reiss did not approve the obstruction of justice enhancement. At the hearing, Public Defender David McColgin said while there is no denying the contents of the mailed letters — “they read like the worst horror movie” he said — there was no way for Gardner to actually follow through with them. He added his client singed the letters because he wanted to get caught. “He just wanted attention,” McColgin said. “... He was afraid to get out and no longer be in an institution.” He said it was a “positive sign” that in the last 15 months Gardner has not had any other violent incidents and is committed to taking control of his life. Nolan argued that while Gardner has not had any violent write-ups since last year, the seriousness of the threats needs to be taken into account. “He is not just a man who threatens with words,” Nolan said. “He acts out aggressively — he almost killed a man in prison.” Before setting a sentence, Reiss said Gardner had a tragic childhood and that it’s no surprise he had mental health issues. “I do agree that you need medication, she said. “I agree that you need supervision.” She added: “I wish you good luck. Only you can determine how this works.”