Denver man who threatened U.S. Rep. Neguse sentenced to jail
Nov. 17—A Denver man who pleaded guilty to repeatedly calling U.S. Rep. Joe Neguse's office in 2022 with threatening phone calls with racial connotations and references to shootings was sentenced to jail.
Michael Kennedy, 59, was sentenced 90 days in jail and three years of probation with 100 hours of community service. He will also be prohibited from direct or indirect contact with Neguse and weapons, including firearms.
On Nov. 13, Kennedy took a plea deal in which he pleaded guilty to retaliation against an elected official, a Class 6 felony, and a biased motivated crime that placed the victim in fear. The charge of repeated and threatening stalking was dismissed.
During his sentencing hearing Friday morning, Boulder District Judge Lindsey Bea said she couldn't think of a worse thing at this time in the U.S. for someone to do.
"I will also let you know, I am a Black person and I read those messages and I definitely interpreted them as you being racist," Bea said. "You need to hear that from me. It was absolutely shocking and appalling."
Bea recognized Kennedy's recent strides in becoming sober and not threatening Neguse's or other elected officials' offices since being confronted by the FBI, but said "that snippet into your heart and mind is scary."
Neguse's office did not immediately respond to requests for comment.
In his statement to the court, Kennedy apologized and said he took responsibility for his actions.
"I did leave multiple messages," Kennedy said. "I did not intend for them to be interpreted as racist or threatening but I understand how the receiver could have viewed them that way."
Kennedy's lawyer Kevin Flesch said the calls were made at a time when Kennedy had retired and had too much time on his hands, which led him to abuse alcohol and marijuana.
Flesch also brought up that prior to Kennedy's father was killed in a grocery store before Kennedy was even born, and the calls were a reference to familial trauma.
"He has found it very enlightening to not be under the influence of drugs or alcohol," Kennedy said. "I think he's on the right track."
Flesch said Kennedy complied with GPS monitoring and screening, put up his own money for bail and had a "learning experience" from the seven days he previously spent in jail.
The pre-sentence investigation report proposed 120 days of day reporting, but Boulder County Deputy District Attorney Erik Lombillo requested the 90 day jail sentence that was later granted.
"He needs to acknowledge the affect on those listening is a very important dynamic," Lombillo said. "When the defendant was choosing to reflect himself in this way he knew the words would have a terrorizing affect."
While no firearms were found in Kennedy's home when the FBI issued a search warrant, Lombillo said Kennedy is expressed interest in buying a firearm.
"Our team worked closely with Congressman Neguse's office to ensure that we reached the right result for the victims," Boulder County District Attorney Michael Dougherty said. "This defendant's conduct was unacceptable; this conviction and sentence, including the stringent requirements imposed by the sentencing judge, reflects that this type of conduct directed at an elected official and their staff was not, and will not, be tolerated."
Kennedy was granted 30 days to prepare his assets before starting his jail sentence. He will get credit for seven days of time served.
