"Our Office’s review of the Eureka Police Department’s (EPD) thorough investigation of the case involving Darin Michael Ward of Eureka revealed that it did not provide sufficient proof of a crime under California law for prosecution. "

District Attorney Maggie Fleming responded promptly. I appreciate her detailed explaination about why Darin Ward was not charged.

"Our Office’s review of the Eureka Police Department’s (EPD) thorough investigation of the case involving Darin Michael Ward of Eureka revealed that it did not provide sufficient proof of a crime under California law for prosecution. " 

"A woman in Trinity County informed law enforcement that Mr. Ward told her he was driving to Eureka and would “shoot up” the public health department and anyone else who told him to wear a mask.  Mr. Ward later disputed the allegation that he had made any threats."

"The investigation, which included a search of electronic devices, revealed no evidence that Ward intended his statement to be communicated to public health staff nor any evidence that individuals at the Public Health Department or elsewhere had received any direct threats."

"In contrast to this pattern of facts, California law specifies that criminal threats are, “unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat…”  Beyond addressing the issue of making criminal threats, EPD’s search also did not locate any evidence that Mr. Ward had been planning or preparing to carry out any of the reported threats."

"Despite our Office’s determination, I appreciate EPD’s rapid response to being notified about Mr. Ward’s out-of-county statements.  Their actions in the face of substantial uncertainty served public safety by providing a real-time evaluation of the level of threat Mr. Ward represented and the potential to take action to prevent harm, if necessary. "

Earlier post:

https://johnchiv.blogspot.com/2021/02/no-charges-are-being-filed-against.html?m=1