Indiana man gets 14 months for threatening Rochester Hills clerk after 2020 election

A federal judge in Detroit sentenced an Indiana man to 14 months in prison Tuesday for threatening the life of former Rochester Hills Clerk Tina Barton, soon after the 2020 election.

Andrew Nickels, 38, of Carmel, Indiana, pleaded guilty in February to transmitting threats in interstate commerce.

On Nov. 10, 2020, Nickels called the Rochester Hills clerk's office and left a profanity-laced voicemail in which he alleged election fraud, demanded an audit and repeatedly threatened the life of Barton. According to evidence in the case, Nickels was unhappy with the outcome of the election, in which Democratic President Joe Biden defeated Republican Donald Trump, and Rochester Hills had been in the news because of a computer glitch that was quickly rectified.

Federal prosecutors asked U.S. District Judge Laurie Michelson for a sentence of at least 24 months, and said a terrorism enhancement was warranted to exceed the sentencing range of 10 to 16 months calculated by the probation department.

"Threats such as those that Nickels made represent a growing problem of national concern," prosecutors said in a sentencing memorandum. "As is true in this case, threats leave public officials who administer elections fearful for their lives and for the safety of their families."

Michigan Secretary of State Jocelyn Benson was among those who filed a victim impact statement in the case, noting the impact such threats have on all election workers.

Barton also made a victim impact statement, saying in part: "No one should have to live in fear for their life or endure the trauma that has been inflicted upon me — especially those dedicated to ensuring our elections are administered fairly and accurately."

Steven Scharg, the Detroit attorney representing Nickels, said his client had no prior criminal history and at the time of the offense was not taking his medications for mental health conditions diagnosed in 2008. Scharg said a prison sentence was not warranted.

Barton is now vice chair of the Committee for Safe and Secure Elections, a national group. That group's chair, former Maricopa County Sheriff Paul Penzone, issued a statement that said Tuesday's sentencing is a "signal to election officials across the country that threats against them will be taken seriously and those who engage in such behavior will be held accountable."

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on X, @paulegan4.

This article originally appeared on Detroit Free Press: Man sentenced to 14 months for threats against Rochester Hills clerk