Felony Menacing in Fort Collins | Flour in the Mail, Jail Time for the Sender

A man faces an arrest for menacing for sending flour in the mail.
A man faces an arrest for menacing for sending flour in the mail.
Image Credit: Pixabay – Clker-Free-Vector-Images

A man was arrested in Boulder County after sending envelopes filled with white powder to Jewish community centers. While the powder was determined to be corn starch or flour, both the FBI and Boulder Police Department investigated the suspicious mailing and had the substance analyzed by the Colorado Department of Health. The man was linked to the envelopes through forensic evidence and was arrested for Felony Menacing and Explosive Hoax.

What is Menacing in Larimer County?

C.R.S. 18-3-206 – Menacing – is defined by Colorado law as:

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

The white powder must have elicited fear that it was a harmful substance capable of causing serious bodily injury. Because it was a substance that caused people to reasonably believe it could cause injuries, the substance is considered a deadly weapon. This means the man would be charged with Felony Menacing. As a class 5 felony in Larimer, Boulder, and Grand County, this crime is punishable with 1 to 3 years in the Colorado Department of Corrections.

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Flour in the Mail: What is Explosive Hoax in Fort Collins?

Colorado law defines C.R.S. 18-12-109 – Possession, use, or removal of explosives or incendiary devices – hoaxes – as:

Any person who manufactures or possesses or who gives, mails, sends, or causes to be sent any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported explosive or incendiary device or chemical, biological, or radiological weapon in or upon any real or personal property commits a class 5 felony.

Even though the white powder only turned out to be flour, it was mailed to the Jewish community centers without being identified, so it was assumed to be a dangerous substance. In Fort Collins, Loveland, and Estes Park, this crime is another class 5 felony. That means the man could face up to 6 years in the Colorado Department of Corrections if he is convicted on both charges.

If you or someone you love has been charged with Menacing or Explosive Hoax, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free consultation. Together, we can protect your future.