"If I'm so crazy, I think I'll shoot up a kindergartner," Don Flanary said as he read the indictment for his client, Justin Carter. "He's not saying he's going to do it," Flanary added.
Carter's family has set up an online petition to gain support. They say jail is no place for an innocent teen who was just being sarcastic on Facebook. They feel his comment was taken out of context.
According to the indictment, Carter wrote on Facebook: "Shoot up a kindergarten watch the blood rain down and eat the beating heart out of one of them." Those words landed the New Braunfels teen in jail five months ago.
"He's charged with terroristic threats," Flanary said. His attorney said Carter's bond is unfair and outrageous. "Because he's poor and he can't make a $500,000 bond," Flanary said.
In light of recent school shootings, Flanary said he can see why the words were not taken lightly. But he said authorities should have spent more time investigating to see that Carter did not pose a real threat.
"I think they need to take what people say online seriously," Flanary said. "But once they realize, 'Wait, we don't have a terrorist on our hands, we don't have a school shooter on our hands, this is nothing...'"
"He's lost his job," Flanary said. Carter is now 19 and has spent the last five months in jail, where he says he has endured suffering from other inmates. "He's been assaulted," Flanary said. "A lot of that stuff is going to come out in the bond hearing."
That's scheduled for July 16. The Comal County District Attorney's office issued a statement saying:
"We are aware that there is a significant amount of public interest in the case."
"However, ethical rules prohibit a prosecutor from making any statements to be disseminated by public means that could prejudice a pending criminal proceeding."
It also reads: "Justin Carter's case will proceed through the criminal justice system like all other felony cases. Our office will have no further comment on the Justin Carter case until it is closed."