No jail for Blaine man who threatened to shoot up Sunset Square

PETER JENSEN - THE BELLINGHAM HERALD

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A Blaine man who threatened on The Bellingham Herald's Web site to "shoot up" Sunset Square has pleaded guilty to disorderly conduct and won�t serve any time in jail.

Jeffrey N. Gargaro, 28, pleaded guilty to the misdemeanor charge, which was reduced from felony harassment, in Whatcom County Superior Court Tuesday, Oct. 7.

Gargaro was ordered to pay a $250 fine and $1,171 in restitution to the Bellingham Police Department for the hours officers spent working the case, said his attorney, Jeffrey Lustick.

The sentence is deferred for six months, so if Gargaro pays the restitution and doesn't get any new charges during that time the crime will be wiped from his record, Lustick said.

If convicted of the felony harassment charge, Gargaro could have faced up to 5 years in prison and a $10,000 fine.

Gargaro posted his threat in the comments section of a story about the Sept. 2 shooting spree that left six people dead in Skagit County near Alger.

He wrote: "You know what, I am going to go shoot up sunset square today...just for the hell of it. No drugs, no mental illness...you can blame today's episode on video games and George Bush's example of 'pay back' to society."

A Bellingham police detective read the comment and obtained the IP address Gargaro used to post the threat. The detective got a warrant and used that to track Gargaro to his house in Blaine and arrest him Sept. 3.

In court Tuesday, Gargaro apologized for the comment.

"My comments were made in the heat of the moment and were in-artfully stated," Gargaro said. "Although they were taken out of the context of the blog, upon reflection, I can see why police were concerned about what I said."

Lustick said he and Gargaro were prepared to fight the case on First Amendment grounds, but opted to accept the deal to avoid the risk of being convicted of a more serious crime.

"We felt this was an offer we couldn't refuse," Lustick said.

Whatcom County Prosecutor Dave McEachran said the plea deal was a good way to resolve the case and noted that Gargaro doesn't own guns or have a criminal history.

"We thought it would be a good way to handle this case," McEachran said. "He did not appear to be a threat after he was arrested."

McEachran noted that charging Gargaro will serve as an example of the repercussions that can result from posting threats on the Internet.

"It certainly will indicate to people that they can't put those kinds of threats out there," McEachran said. "There will be repercussions."

Reach PETER JENSEN at 715-2264 or at peter.jensen@bellinghamherald.com.

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Tuesday, Oct. 07, 2008

No jail for Blaine man who threatened to shoot up Sunset Square

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