SAN ANTONIO — Terroristic threat charges were dismissed against an 18-year-old reported last summer by relatives who said they overheard him trying to illegally buy an AR-15 and planning an attack similar to that carried out by the Robb Elementary School gunman, his cousin, in 2022.
The young San Antonio man, who was 17 at the time of his arrest in August, reportedly denied making any threats when he was taken into custody, according to an affidavit. The same documents said his mother told police he was intoxicated at the time he threatened to shoot his sister and a school.
District Attorney Joe Gonzales told KENS 5 from the start, the family did not want the teen arrested despite calling police to report the threat. Since his arrest, Gonzales said they have not been cooperating with the investigation, which resulted in the dismissal Wednesday.
He said he stands by SAPD's decision to arrest him and the dismissal was not the outcome they were hoping for.
"This threat was made in the climate of the Uvalde shooting," Gonzales said. "So that took it to a different level."
Gonzales said the sister and mother essentially disappeared. He said his office attempted to subpoena them.
“There are certain cases where we can proceed with evidence based prosecution but this is not one of them where the basis of the crime is a threat," Gonzales said. "We have to have someone come to court to say yes, I heard the threat.”
The San Antonio Police Department joined Gonzales in releasing a statement regarding the dismissal stating the DA's "ability to pursue these cases in court relies heavily on the availability of witnesses and the strength of the evidence collected."
"Without this essential cooperation and evidence, prosecuting cases effectively becomes challenging," the statement goes on to read. "Therefore, we emphasize the importance of community involvement and the willingness of witnesses to come forward, as their cooperation is critical in ensuring justice is served."
Gonzales did point out that the teen did not make bail and was in the Bexar County Jail since his arrest.
"He sat in jail for like I said 9 or 10 months so hopefully, this has been a good lesson for him," Gonzales said. "You don’t make these kinds of threats without potential consequences.”
Gonzales said if the family does come forward and is willing to testify in court, they could reopen the case as long as its within the statue of limitations.
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