The Spokane man accused of sending threatening letters to a tribal police officer that included allusions to his belief he was the "Archangel of Death" remains in custody pending trial after a federal judge shot down his contention the mailings were protected by the First Amendment.
Brent Russ, 33, argued earlier this month the letters he sent a former neighbor expressed his religious views, not an intimidating intent. U.S. District Court Judge Thomas O. Rice denied the claim, as well as a request from Russ that he be released from custody ahead of his upcoming trial after two mental health experts deemed he posed no threat to the community.
"The Court continues to harbor reasonable concerns about Defendant’s mental stability that prohibit it from releasing Defendant at this time," Rice wrote in an order denying Russ' release. Rice also found the language of the letter suggesting legal action, in which Russ wrote that he would "take everything you have, everything you ever had, and everything you ever will have through the courts," was not solely a legal communication and thus did not qualify for First Amendment protection.
Concerns about Russ' mental state were raised after a disturbing manifesto was found at his home by federal agents investigating the stalking claims. In the journal, Russ admits slaying nocturnal creatures by slicing through their brains with a Samurai sword and says he experienced a "download" in early 2013 that prompted him to file lawsuits against the nation's biggest banks. He also wrote about sending plans to dissolve the government to President Barack Obama and House Speaker John Boehner, according to court documents.
Russ has been in custody of U.S. marshals since his arrest in September. Defense attorney Andrea George has asked Rice to push the trial date from later this month to February to allow more time for experts to determine Russ' mental state.