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Man arrested following online threats referencing Garlic Festival shooting

UPDATE: Gilroy police have arrested a man for allegedly posting online threats related to the Garlic Festival shooting.

Police say Jose Pinon, 40, posted threats on Facebook, referencing the number of persons killed at the festival on Sunday July 28, 2019. Police said Pinon also violated a restraining order with other comments made on social media.

He was arrested Thursday for making criminal threats and violation of a restraining order.

” I n this particular case at this particular time a reference to killing 500 people at the recent event that we had Gilroy Garlic festival is inappropriate, but as it might be inappropriate it’s not necessarily unlawful. But when you combined that with some of the other comments he made directed at a former spouse, the totality of that rises to criminal activity, ” said Capt. Joseph Deras with Gilroy Police Department.

Before making the arrest police also spoke with several others who were involved with the comments being made.

” The people we contacted who were women said they were so fearful of these comments that they canceled trips to the local theme parks we have in town, for the threat that they had read they were afraid something might happen. Another person indicated they weren’t going to attend the vigil we had last night in town and that they weren’t even going to let there kids play outside, ” said Capt. Deras .

The Monterey County District Attorney’s office said there is a fine line between freedom of speech and criminal threats.

” You cross the line when you threaten either great bodily injury or to kill someone and if someone is put in sustained fear because of that threat and if that sustained threat is reasonable. If you’ve done all three of those you’ve committed a crime, ” said Chief Assistant D.A. Berkley Brannon.

Brannon added criminal threats can be charged as a felony and if found guilty Pinon could face three years in state prison.

The Santa Clara County District Attorney’s Office is handling the case, but could not comment because offical charges have not been filed yet.

PREVIOUS STORY:

Gilroy police have arrested a man for allegedly posting online threats related to the Garlic Festival shooting.

Police say Jose Pinon, 40, posted threats on Facebook, referencing the number of persons killed at the festival on Sunday July 28, 2019.

They arrested Pinon Thursday morning for an unrelated restraining order violation and making online treats.

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