Justin Carter, the Texas teenager who spent five months in jail after being arrested over a posting on Facebook, will appear in court today to face felony charges. Carter says he was only joking when he threatened to shoot up a Kindergarten class during an online argument over video games.
At the moment, Carter is out of jail after an anonymous donor posted his five hundred thousand dollar bail, but the fight continues, and the first big step in the process to get the case dismissed is happening today, CNN's Pamela Brown reports. Now we're getting our first glimpse of the centerpiece of the case from court documents filed by Carter's legal team.
Authorities charged him with making a terroristic threat after writing in part "I think I'ma shoot up a kindergarten and watch the blood of the innocent rain down" during a heated thread about an online video game –a felony that could land him behind bars for 10 years. But his family says it was nothing more than a sarcastic comment
"The idea that my son would ever hurt little kids is ludicrous. He never would, he's not that kind of person," says Jennifer Carter, Justin's mother.
According to court documents Carter's lawyers claim Carter made no real threat because he used the words "I think." They say his comments were taken out of context.
"They need to look at the context of what's put online because if they would have they would have seen that it was sarcasm," says Carter's attorney Donald Flanary.
Today in court, Carter's attorneys want the judge to order the state to release the full conversation of the Facebook post along with information about where the post came from, grand jury recordings, testimony and transcripts. CNN has reached out to prosecutors in both cases and are awaiting comment.