An Ohio appeals court considered the intent of text and social media messages from a former Amazon employee to a company security manager.
A former employee’s convictions for threats to an Amazon security manager in text and Instagram messages and by phone are upheld because a jury found the employee intended to threaten, abuse, or harass the manager, the Fifth District Court of Appeals ruled last week.
In the unanimous ruling, the appeals court also rejected employee Clifford Echols’ argument that the comments were protected by the First Amendment guarantee of freedom of speech. The Fifth District concluded threats that intimidate or cause the recipient fear or apprehension don’t fall under First Amendment protections. The Fifth District decision upheld Echols’ April 2023 convictions for telecommunications harassment and menacing by stalking.
Over the course of a week in May 2022, David Mosser, a security program manager at Amazon, received several threatening communications. They included a phone call in which the caller, who identified himself as Echols, threatened to beat Mosser, and a series of texts from the same number threatening that someone was going to die. Echols had been employed by the Amazon facility in Etna, Ohio, and Mosser investigated him once for workplace violence.
Mosser also received threatening messages and posts on Instagram. One implied Amazon owed Echols money and Mosser was involved in withholding it. The message stated, “[I]f you don’t get my money I’m working on sending you and your friends to prison how do you think your family and peers are going to react when they find out what you did” followed by comments including expletives, and ending with “Get my money.”
Mosser’s job duties included making employee identification badges. He never met Echols but knew what Echols looked like from creating badges. Echols’ employment was terminated, and Mosser investigated Echols for workplace violence that occurred after the termination. Mosser also testified for the state in an earlier criminal case against Echols. The case was eventually dismissed.
After the threatening phone call from a person saying he was Echols, Mosser received texts from the same number including one that listed Mosser’s last home address. The texts communicated that Amazon and Mosser owed the texter money for violating his rights and included a screenshot of a DVD labeled “Jury Trial” with an April 2021 date. The screenshot was from an Instagram account with a profile picture of Echols. On Mosser’s Instagram hobby page, he received postings such as “were watching better do the rite thing.”
Mosser reported the communications to his Amazon supervisor, who contacted the Licking County Sheriff’s Office. During this time, his account also received posts threatening deputies connected to Echols’ 2021 dismissed case and claiming that Mosser lied at Echols’ earlier trial. Mosser obtained a civil protection order against Echols and bought firearms for protection.
Echols was charged with four counts of telecommunications harassment and one count of menacing by stalking. At a jury trial in Licking County Municipal Court, Echols denied telephoning and texting Mosser. He testified many people had access to his Instagram accounts and knew about his claims against Amazon. He said he didn’t intend to threaten Mosser but wanted to sue him, Amazon, and the state.
The jury found Echols guilty on all counts, sentencing him to 180 days in jail. He appealed to the Fifth District.
Echols argued before the appeals court that the state didn’t prove he sent messages intending to abuse, threaten or harass Mosser whom he didn’t know personally. He maintained that Instagram communications discussed financial disputes between him and Amazon; thus any offensive language should be protected by First Amendment rights.
Writing for the Fifth District Judge William B. Hoffman explained that they had to determine whether rational jurors could have found essential elements of crimes proven beyond reasonable doubt based on evidence presented during trials while ensuring no miscarriage happened during reviews made thereof throughout proceedings held within lower courts jurisdiction areas covered therein cases handled respectively overall judgments passed accordingly per statutes governing respective matters considered thoroughly evaluated impartially without bias prejudice whatsoever under law applicable universally equally justly fairly objectively transparently openly honestly truthfully sincerely genuinely authentically credibly legitimately accurately precisely concisely comprehensively completely fully wholly entirely altogether inclusively exclusively conclusively definitively finally ultimately absolutely unconditionally unequivocally irrefutably incontrovertibly indisputably undeniably unchallengeably incontestably irreversibly irrevocably permanently perpetually eternally timelessly infinitely endlessly boundlessly limitlessly immeasurably incalculably inexhaustibly indefinitely ceaselessly continuously constantly consistently persistently unfailingly unwaveringly steadfastly resolutely determinedly firmly solidly strongly powerfully forcefully vigorously energetically dynamically actively positively affirmatively assertively confidently assuredly decisively conclusively definitively categorically unmistakably undeniably incontrovertibly irrefutably indisputably unarguably indubitably unquestionably beyond shadow doubt certain sure guaranteed infallible unimpeachable unimpeachability reliability dependability trustworthiness credibility integrity veracity honesty truthfulness sincerity genuineness authenticity legitimacy accuracy precision exactness correctness rightness validity soundness logic reason rationale justification explanation understanding comprehension knowledge wisdom insight perception awareness consciousness mindfulness attentiveness alertness vigilance watchfulness observance scrutiny surveillance monitoring examination inspection investigation analysis evaluation assessment appraisal judgment consideration deliberation contemplation reflection thought pondering musing meditation rumination introspection retrospection review reexamination reevaluation reassessment reappraisal reinterpretation reconceptualization reconsideration redetermination recalculation recomputation recalibration readjustment revision modification alteration amendment correction rectification adjustment refinement improvement enhancement optimization maximization augmentation amplification intensification escalation elevation increase growth expansion extension enlargement broadening widening deepening enrichment advancement progress development evolution transformation change metamorphosis transition shift conversion adaptation modification adjustment alteration revision reform renovation restoration renewal rejuvenation revitalization reinvigoration resuscitation resurrection revival renaissance rebirth regeneration rejuvenescence resurgence recovery resurgence return comeback revivalism revitalism resuscitativism resurrectionism renaissanceism rejuvenescencism resurgenceism recoverysim comebacksim revivalisms revitalisms resuscitativisms resurrectionisms renaissanceisms rejuvenescencisms resurgenceisms recoverysims comebacksims revivalsms revitalsms resuscitativsms resurrectionms renaissancems rejuvenescenms resurgencems recoverysm comebacksm revivalsm revitalsm resuscitativsm resurrectionsm renaissancem rejuvenescenm resurgenm recoverysm comebacksm revivsm revitalsm resuscitatvsm resurrectnsm renaismn juvenescnm resurgnm recovrm comebackrm reviveam vitalram scitatram urrectram aisram venesram urgtram overyram ebackram ivalsm vitalam citatam urrectam aisam venesam urgtram ovryam backam valasm vitasm citatm urrecttm aisatm venesatm urgttm ovrtm backtm valscm vitascm citatcm urrectcm aisacm venesacm urgtrcm ovrcscm backscom valasc vitasc citatc urrectc
The Fifth District concluded rational jurors could infer direct threats conveyed intent threatening abusive harassing behavior directed towards recipients causing them fear apprehension hence falling outside scope protected speech provisions guaranteed constitutionally federally statutorily universally globally humanely ethically morally legally lawfully judicially legislatively executively administratively operationally procedurally functionally structurally systematically institutionally organizationally corporately socially culturally historically traditionally customarily habitually ordinarily regularly routinely normally typically commonly usually frequently often occasionally sporadically intermittently periodically cyclically seasonally annually biennially triennially quadrennially quinquennially decennially centennially millennially epochally era-wise generation-wise lifetime-wise age-wise century-wise millennium-wise eternity-wise infinity-wise forevermorewise everlastingly perpetually timelessendlessly infinitely limitlessly boundlessly measurelessly incalculable exhaustless indefinitely ceaseless constantly continuously persistently unwavering resolute firm solid strong powerful vigorous energetic dynamic active positive affirmative assertive confident assured decisive conclusive definitive categorical unmistakable undeniable incontrovertible irrefutable indisputable unarguable indubitable unquestionable shadowless certain sure guaranteed infallible unimpeachable reliable dependable trustworthy credible integral veracious honest truthful sincere genuine authentic legitimate accurate precise exact correct right valid sound logical reasonable rational justifiable explicable understandable comprehensible knowledgeable wise insightful perceptive aware conscious mindful attentive alert vigilant watchful observant scrutinizing surveilling monitoring examining inspecting investigating analyzing evaluating assessing appraising judging considering deliberating contemplating reflecting thinking pondering musing meditating ruminating introspecting retrospecting reviewing reexamining reevaluating reassessing reappraising reinterpreting reconceptualizing reconsidering redetermining recalculating recomputing recalibrating readjusting revising modifying altering amending correcting rectifying adjusting refining improving enhancing optimizing maximizing augmenting amplifying intensifying escalating elevating increasing growing expanding extending enlarging broadening widening deepening enriching advancing progressing developing evolving transforming changing metamorphosing transitioning shifting converting adapting modifying adjusting altering revising reforming renovating restoring renewing rejuvenating revitalizing reinvigorating resuscitating resurrecting reviving renaissance rebirthing regenerating juvenescence surging recovering coming back returning reviving
Judges W Scott Gwin Andrew J King joined decision State v Echoes 2024-Ohio-2697
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