DENVER (LAWFUEL) – Timothy Ryan Gutierrez, age 20, of Cortez, Colorado, was arrested by Special Agents with the FBI late this afternoon for transmitting a threat against the then President-elect Barack Obama as well as a threat to detonate C4 in cars outside the Mall of America in Minneapolis, Minnesota. Gutierrez will be held in custody in Durango, Colorado, where he will make his initial appearance tomorrow afternoon (Friday, January 30, 2009).
Timothy Gutierrez was named in a two count indictment returned by a federal grand jury in Denver on January 27, 2009.
According to the indictment, count 1 alleges that on January 12, 2009, Gutierrez did knowingly and willfully transmit in interstate commerce an e-mail threat from Cortez, Colorado to the FBI in Washington, DC, which stated that he was “going to assassinate the new president of the United States of America.” The threat further stated that “PS you have 48 hours to stop it from happening.”
Count 2 of the indictment alleges that on January 12, 2009, the defendant did knowingly and maliciously convey false information in interstate commerce from Cortez, Colorado to the FBI in Washington, DC, via email. Specifically, he sent a threat to damage and destroy property by use of explosives. The threat read in part “I have rigged 40 pounds of C4 . . . my favorite TNT to 7 cars outside the Mall of America.” It also stated “what are you waiting for you have 48 hours.”
If convicted of count 1, transmission in interstate commerce of threats, the defendant faces not more than 5 years in federal prison, and up to a $250,000 fine. If convicted of count 2, transmission of threats in interstate commerce to use explosives, Gutierrez faces up to 10 years in federal prison, and not more than a $250,000 fine.
This case was investigated by the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI).
Gutierrez is being prosecuted by Assistant U.S. Attorney Robert Mydans.
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty in a court of law.