Politics & Government

Mount Helix Man's Anti-Obama Rant Is Ruled Free Speech, Not Threat to Life

Walter Bagdasarian of Carmichael Drive was spared a prison sentence by a federal appeals court.

A Mount Helix-area man who used his home computer to post racially charged comments on the Internet about killing Barack Obama during the 2008 presidential campaign has been spared a prison sentence.

A federal appeals court Tuesday overturned the conviction of Walter Edward Bagdasarian. A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Bagdasarian’s writings threatening Obama were “repugnant'” but not criminal.

The panel said that it was obvious that Bagdasarian wasn't planning to
attack the presidential candidate and that his postings were protected by free speech.

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Bagdasarian was convicted in July 2009 of making threats against a major candidate for president and was sentenced to 60 days in a halfway house and ordered to pay a $500 fine.

Bagdasarian used his home computer to post the threatening message on a Yahoo Finance message board, including one that read, “He (Obama) will have a 50 cal in the head soon,” and 20 minutes later posted a message that read “Shoot the n-----,'' prosecutors said.

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During a search of Bagdasarian’s home, agents found six weapons,
including a .50-caliber rifle, prosecutors said. Defense attorney Ezekiel Cortez argued unsuccessfully that Bagdasarian was drunk when he posted the comments in a political discussion chat room.

In overturning the conviction Tuesday, the appeals court said no “reasonable person” could have taken seriously Bagdasarian’s posts.

In October 2009, when he was originally sentenced by U.S. District Judge Marilyn Huff, NBC San Diego said Bagdasarian made a statement to the court that he was “deeply remorseful” for his postings and quoted him as saying: “I apologize to my lovely wife for all the pain I’ve caused her.”

Tax records indicate he’s renting the 1,500-square foot, three-bedroom, two-bath home on Carmichael from Mildred R. Franklin. The home was built in 1946, records say.

According to aviation websites, Bagdasarian (Bag-duh-SAHR'-ee-uhn) is an aircraft dealer doing business as Bagdasarian & Associates.

City News Service contributed to this report.


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