Man Who Threatened Courthouse Officer Sentenced to 57 Months in Prison

TUCSON, AZ—U.S. District Judge David C. Bury has sentenced James David Essner, 48, of Tucson, Ariz., to 57 months in prison for threatening to kill a federal pretrial services officer. Following his release from prison, Essner will be placed on three years of supervised release. Judge Bury handed down the sentence on June 9, 2011 in Tucson.

“The safety and security of our nation’s public employees, especially those who must interact with defendants in the criminal justice system, is paramount,” said U.S. Attorney Dennis K. Burke. “This sentence shows that we treat even the communication of a threat with the utmost gravity.”

On August 14, 2010 Essner was arrested for transporting illegal aliens in Arizona. After his initial appearance in U.S. District Court, he was released on his own recognizance. In the months that followed, Essner tested positive for illegal drugs in his system. On October 14, 2011, he pleaded guilty to the alien smuggling offense and then admitted himself into Tucson Medical Center for a heart condition. Later that same afternoon, he telephoned his pretrial services officer and angrily threatened to kill him the next time he saw him because of the periodic drug-testing that remained an on-going condition of his court-ordered release. Following his release from the hospital, on October17, 2011, he was immediately taken into custody by U.S. Marshals and charged with threatening to assault, kidnap or kill a federal officer.

On February 2, 2011, a federal grand jury returned a superseding indictment charging Essner with committing the threat while he was also on release for another federal felony. Essner was tried and convicted, as charged, on March 28, 2011. In imposing the high-end of the U.S.S.G. sentencing range for this offense, Judge Bury reminded the defendant that conduct such as this was taken seriously by all involved and it precipitated immediate and enduring measures of protection by both the victim and the federal court house. Consequently, the importance of deterrence in issuing an appropriate sentence in cases such as these is crucial.

The investigation in this case was conducted by Tucson-based FBI agents. The prosecution was handled by Micah Schmit and Brian Sardelli, Assistant U.S. Attorneys, District of Arizona.