Description: Macon, Georgia criminal defense lawyer represented Defendant charged with sending a threatening message to bomb their local headquarters the day before the U.S. Senators from Georgia were in town for campaign events.
Jessica Diane Higginbotham aka Jessica Harriod aka Jessica Jones, 35, of Elberton, Georgia, was pleaded guilty to one count of communicating a bomb threat on May 16.
“Threats of violence intended to disturb the peace and disrupt the democratic process are taken seriously in the Middle District of Georgia and will not be tolerated,” said U.S. Attorney Peter D. Leary. “I commend the many local and federal law enforcement agents whose collaboration in this case ensured a safe outcome for our community.”
“The FBI and our partners take each threat seriously and will always fully investigate and analyze each threat to determine its credibility,” said Robert Gibbs, Supervisory Senior Resident Agent of FBI Atlanta’s Macon office. “Higginbotham’s threat, although a hoax, diverted precious law enforcement resources and wasted taxpayer dollars, and for that she will be held accountable by spending time behind bars.”
“The ACCPD takes threats of violence seriously. Once we learned of these threats our officers and detectives worked alongside state and federal partners to identify and arrest the offender,” said Athens-Clarke County Police Chief Jerry Saulters. “I appreciate the U.S. Attorney’s Office for their work, and we will continue to work together to keep our community safe.”
According to court documents, on Dec. 3, 2022, at 6:01 p.m., an employee of the Democratic Senatorial Campaign Committee (DSCC) in Athens received a text message: “Hello, I am writing this message to you to let you know that I am coming by either tonight or in the morning to set a bomb up. So I can blow all the Democrats up. I have other people going to other offices also. If I can’t stop you by breaking in and destroying the property then I will blow every one up. So be ready to be blown up. This is going to either happen tonight or in the morning. Hope you like being on the wrong team.”
The FBI began investigating the threat immediately, and officers with the Athens-Clarke County Police Department (ACCPD) responded to the area of the threat. The U.S. Senate runoff election was scheduled to take place on Dec. 6, and elected officials were in Athens participating in campaign events, including both U.S. Senators from Georgia on Dec. 4. Using a series of emergency disclosure requests (EDRs), FBI agents discovered the cell phone belonged to the defendant, who was also working as a contract security officer for a firm employed by the local Democratic coordinated campaign. The U.S. Capitol Police were also investigating the bomb threat, and independently determined that the bomb threat was sent from Higginbotham’s cell phone.
On Dec. 4, FBI task force officers located Higginbotham at a coffee shop in Athens with the cell phone in her hands. When she saw the agents approach her, she vomited. At first, she denied sending the bomb threat. A federal search warrant was executed on her cell phone, which linked the email account used in the bomb threat to her. While investigating the bomb threat, agents learned that there had been a break-in at the local Democratic campaign building in Athens on Nov. 27, and a laptop belonging to the campaign was stolen. At the time of the burglary, investigators noted that it appeared to be staged as tables were turned over, but the building was locked with no evidence of a forced entry. Investigators later recovered the stolen laptop with Higginbotham’s personal items. Higginbotham now admits that she used a cell phone to willfully threaten to kill or injure people and unlawfully destroy a building with an explosive.
The case was investigated by the FBI, the U.S. Capitol Police, the Athens-Clarke County Police Department and the Elbert County Sheriff’s Office.
Deputy Criminal Chief Will R. Keyes prosecuted the case.
18:844(e) Communicating a Bomb Threat
(1)
LII U.S. Code Title 18 PART I CHAPTER 40 § 844
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18 U.S. Code § 844 - Penalties
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(a) Any person who—
(1) violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both; and
(2) violates subsection (p)(2) of section 842, shall be fined under this title, imprisoned not more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of this chapter shall be fined under this title or imprisoned not more than one year, or both.
(c)
(1) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.
(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe.
(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Attorney General that—
(A) the property has not been used or involved in a violation of law; or
(B) any unlawful involvement or use of the property was without the claimant’s knowledge, consent, or willful blindness,
the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed.
(d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.
(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years or fined under this title, or both.
(f)
(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.
(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both.
(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.
(g)
(1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building or airport, shall be imprisoned for not more than five years, or fined under this title, or both.
(2) The provisions of this subsection shall not be applicable to—
(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or
(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Pipeline and Hazardous Materials Safety Administration for the handling of hazardous materials pursuant to chapter 51 of title 49.
(h) Whoever—
(1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, or
(2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States,
including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for 10 years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for 20 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried.
(i) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.
(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 842(p), the term “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.
(k) A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.
(l) A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be fined under this title, imprisoned not more than 10 years, or both.
(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20, fined under this title, or both.
(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense the commission of which was the object of the conspiracy.
(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of an explosive material.
(p) Theft Reporting Requirement.—
(1) In general.—
A holder of a license or permit who knows that explosive materials have been stolen from that licensee or permittee, shall report the theft to the Secretary [1] not later than 24 hours after the discovery of the theft.
(2) Penalty.—
A holder of a license or permit who does not report a theft in accordance with paragraph (1), shall be fined not more than $10,000, imprisoned not more than 5 years, or both.
Outcome: 08/01/2023 39 JUDGMENT as to JESSICA DIANE HIGGINBOTHAM (1), Count(s) 1, 18 months Imprisonment; 2 years Supervised Release; $100 MAF; Count(s) 2, Dismissed on Government's motion. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 8/1/2023. (ggs) (Entered: 08/01/2023)
08/01/2023 40 STATEMENT OF REASONS re: 39 Judgment, as to JESSICA DIANE HIGGINBOTHAM (ggs) (Entered: 08/01/2023)
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