President Joe Biden gives remarks on student debt relief at Delaware State University on October 21, 2022, in Dover, Delaware. (Photo by Anna Moneymaker/Getty Images.)
A New York man who threatened to kill Joe Biden last year while he was president, posting on social media that he would "put a bullet" in the "old f—," is headed to prison and has been ordered to undergo mental health treatment, but not the sentence the Department of Justice wanted.
Chief U.S. District Judge Brenda Sannes, an Obama appointee, decided to "deviate from the sentencing guidelines" that were recommended by the Trump administration's DOJ, which wanted two years for defendant Troy Kelly after he pleaded guilty to one count of making threats against the president of the United States. Sannes instead sentenced him to six months and ordered Kelly to participate in a mental health treatment program with three years of supervised release. His lawyer wanted no jail time.
"At 19 years old, Troy had experienced more than his share of traumatic experiences and dysfunctional family dynamics," wrote attorney Timothy Austin in a Dec. 1 sentencing memorandum, seemingly blaming social media for his client's mindset.
"At the time of the offense, he was an exceptionally immature young man unable to manage his frustration and anger over his own circumstances," Austin said. "His understanding of the broader world, including our government and national politics, came from the same place many people get it: the internet in the spaces that seem to exist to make us angry. Influenced by political actors and commentators for whom coarse and crude rhetoric fuels political campaigns and animates supporters, young Troy mimicked what was modeled to him."
According to a criminal complaint, authorities discovered in June 2024 that Kelly had posted a message on the social media platform "X," previously Twitter, threatening the life of Biden. The post was made under the username "@CountryBoyTroy0" and the display name "Troy Kelly."
The threat was posted on May 17, 2024, in response to a post from Biden celebrating "International Day Against Homophobia, Transphobia, and Biphobia."
"On the International Day Against Homophobia, Transphobia, and Biphobia, my administration stands in solidarity with LGBTQI+ people around the world as they seek to live lives free from hate-fueled violence and discrimination," Biden wrote. "It's a matter of human rights, plain and simple."
In response, Kelly fired off a post saying, "I really hope to see u old f—."
"Gonna put a bullet in your head if I ever catch you," he added. "Get the f— out of office."
Investigators traced the username back to an IP address in Schroon Lake, New York, 250 miles north of Manhattan. Kelly used an email address associated with the account.
In an interview with a federal agent, he admitted to posting the threat and said "it's true" when asked why he posted the statement.
"I asked Kelly if he still wants to kill President Biden and Kelly stated, 'If I could, I would,'" the agent wrote in the complaint. "I asked Kelly why he wants to kill President Biden and Kelly replied by saying that President Biden and his son are a disgrace."
Following the interview, two black powder rifles with optics were seized from Kelly's room. A further review of his social media page showed that Kelly, on May 31, 2024, had responded to another Biden X post by writing, "We should just off this old f— already," and "Biden. Your times coming. If not by my hand then someone else's. You'll see," according to federal prosecutors.
Austin had asked Judge Sannes to give Kelly credit for time served. He has been out on pretrial release and electronically monitored home detention since July 1, 2024, at which point he had spent approximately seven days in custody after his initial arrest.
"He has benefited greatly from mental health treatment," Austin concluded. "Going through this prosecution has been a stark wake-up call for Troy, expediting his maturation. He appreciates the seriousness of this crime and realizes the very real consequences of his actions, and he understands he must pay a steep price in the form of a felony conviction and the consequences thereof."
Jerry Lambe contributed to this report.