The attorney for the man accused of threatening Buffalo police asked for the federal charge against him to be dismissed Thursday. Arthur Jordan, 23, was arrested last week after police say he posted a threat on Facebook that started with, "Let's start killing police." Time Warner Cable News reporter Kaitlyn Lionti has the latest on the case.
BUFFALO, N.Y. -- Freedom of speech; that's what Arthur Jordan's attorney stressed during his initial appearance Thursday in federal court.
Jordan was charged by a criminal complaint last week after investigators say he posted a threat on his Facebook page that said "Let's Start Killin Police Let's See How Dey Like It."
Jordan's attorney, public defender John Humann, asked U.S. Magistrate Judge Kenneth Schroeder to dismiss the federal charge against him.
Humann said Jordan was frustrated about police killing black people, and while his post was socially insensitive and had bad timing, it was just bad judgment. Humann said it was just like when people say "I'm going to kill you" as an expression.
He said the government is adding to the hysteria with this case, and they don't have enough to move forward.
Assistant U.S. Attorney Wei Xiang said that in addition to Jordan's own post, he shared one that included an emoji of a police officer with a revolver pointed at the officer's head.
Xiang said when police encountered Jordan the night he was arrested, he had a loaded handgun, which violates state law, and speaks to his ability to carry out the threat.
Then, Xiang said Jordan was almost taunting the Buffalo police officers who took him into custody, saying "Ya'll look scared." And then, "I should have done some CNN [expletive], I would have been all over the news."
Xiang also said Jordan has a history of unlawful possession of firearms.
The judge said that the context of Jordan's post has to be considered, giving the example that you can't yell out "fire" in a crowded theater.
He denied the request to dismiss the charge, and ordered Jordan to remain in custody.
Jordan is due back in federal court for a preliminary hearing August 4.