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August 4, 2003
The United States Attorney's Office for the Northern District of California announced that Richard Wayne Sutton was sentenced August 1, 2003 for violations of Mailing a Threatening Communication, in violation of title 18, United States Code, Section 876, and Threats Against the President, in violation of Title 18, United States Code, Section 871. Richard Wayne Sutton received 51 months in prison. The sentence was handed down by U.S. District Court Judge Susan Illston following a guilty plea.
Mr. Sutton, age 29, of Sagus, California, was initially indicted for one count of mailing a threatening communication in violation 18 U.S.C. § 876 by a federal grand jury on April 16, 2002. Thereafter, Mr. Sutton was charged in a superseding information with two counts of mailing a threatening communication and one count of threats against the President on April 15, 2003.
In pleading guilty, Mr. Sutton admitted to mailing or attempting to mail three separate letters to various public officials. Mr. Sutton admitted that, around December 12, 2001, he caused an envelope addressed to Senator Barbara Boxer – containing a white powder and a letter to the United States Senate – to be delivered and that he "intended the letter and powder to threaten Senator Boxer and others with injury." He also admitted that, on or about March 14, 2002, he deposited into the mail system an envelope addressed to the President, containing a brown powder and a letter stating, in part, "you've been infected RU afraid you better take Cyproflex." Mr. Sutton admitted that under the circumstances, a "reasonable person would foresee" that the threat "would be understood by persons hearing or reading it as a serious expression of an intention to injure the President of the United States." Mr. Sutton further admitted that, on or about August 29, 2002: he caused an envelope addressed to the United States Attorney – containing "a series of wires, parts of a cigarette lighter, a battery, some papers, and a brown powdery substance" – to be delivered to the United States Attorney; he designed it "to look like a letter bomb;" and, he "intended the envelope and its contents to threaten the United States Attorney and whoever opened it with injury."
Judge Illston sentenced Richard Sutton to the high end of the Sentencing Guidelines, which in this case was 51 months in federal prison, and a three year period of supervised release. Judge Illston also barred Mr. Sutton from having any further contact with the victims, including any contact by telephone, mail, electronic mail, or any other written form of communication.
In expressing his satisfaction with the sentence, United States Attorney Kevin V. Ryan stated, "we take attacks on and threats against public officials very seriously, particularly where they represent attempts to menace through the misuse of our Postal Service. We will not tolerate that kind of conduct and will continue to vigorously prosecute these cases."
The prosecution was the result of an investigation by agents of the Federal Bureau of Investigation and the United States Postal Inspection Service. Peter B. Axelrod is the Assistant U.S. Attorney who prosecuted the case with the assistance of legal assistants Tania Korn and Ponly Tu.
A copy of this press release may be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can. Related court documents and information may be found on the District Court website at www.cand.uscourts.gov or on http://pacer.cand.uscourts/gov.
All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.
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