Holly Hill man arrested for allegedly threatening to kill city council members

HOLLY HILL, Fla. - Holly Hill police arrested Rodd Westpfahl after he responded to a Facebook post about a proposed property tax increase at a city commission meeting. 

What we know:

In his comment, Westpfahl wrote, "They ever jack up my property taxes like that, I will personally march down there and gun them all down where they stand. And I have a whole neighborhood of people feeling the same way."

According to the arrest report, Westpfahl told officers he was drunk when he wrote the post, did not own firearms, and did not know how to use them. He said he believed his words were protected under the First Amendment. He is now facing a felony charge.

CLICK TO DOWNLOAD THE FOX LOCAL APP

What we don't know:

Authorities have not said whether investigators uncovered evidence that Westpfahl had access to weapons, or if they believe he intended to act on the threat. It’s also unclear how prosecutors will pursue the case and whether a judge will view the post as a "true threat" or as constitutionally protected speech.

What they're saying:

First Amendment Attorney Larry Walters says courts will weigh whether Westpfahl was making what the courts consider a "true threat."

"I think it's somewhat of a close case," he told FOX 35.

Westpfahl’s arrest report uses that exact phrase: "true threat."

"If there are political undertones or rhetoric hyperbolic statements contained in the so-called threat, that's going to make it less likely to be perceived as a true threat instead some kind of political activism," Walters explained.

Holly Hill Police declined to interview, directing us instead to a statement they’d made on social media, which says, "This conduct is dangerous, unacceptable and cannot be allowed to become ‘normal.’ Threats of violence, online or in person create real risk to individuals and our community."

SIGN-UP FOR FOX 35'S BREAKING NEWS, DAILY NEWS NEWSLETTERS

Walters says it’s historically not been very common to see people arrested for what they’ve written online, but we’re in a somewhat sensitive time following Charlie Kirk’s murder.

"There have been somewhat of an uptick of knocks on the doors by FBI and people getting terminated from their jobs or having other consequences: license revocations, etc. based on their political speech – or what they believe to be political speech," Walters said.