Conviction upheld for homeless man who threatened to kill President Bush

A federal appeals court today upheld the conviction of a mentally ill homeless man who threatened to kill President George Bush in 2007.

Timothy Wade Pinkston, 49, is serving a 57-month prison term at a federal prison in Alabama after being convicted of threatening the president.

Pinkston was arrested after being interviewed by the Secret Service at the psychiatric unit of St. Joseph's Hospital, in Tampa, where he had been committed under the provisions of Florida's Baker Act, according to a complaint affidavit filed in U.S. District Court. Pinkston was hospitalized after he made threats against the president and said he was going to kill himself, the complaint states.

"When being interviewed by the hospital staff, Pinkston stated that he wanted to shoot President Bush and made the shape of a gun with his hand," the affidavit states.

At his sentencing hearing last year, Pinkston told the judge that when he threatened Bush, he had been taking drugs and drinking and didn't know what he was saying. He also said that he was trying to get St. Joseph's Hospital to give him a place to sleep.

Pinkston said he is HIV-positive, has a drug and alcohol problem, and has been diagnosed as bipolar.
U.S. District Judge Susan Bucklew, who sentenced Pinkston, expressed frustration at having no solutions for dealing with the defendant who previously threatened President Clinton and the governor of Georgia.

"Mr. Pinkston, there's no good answers here," Bucklew said. "I think you are a danger to yourself and to the community. You do things to get yourself hospitalized."

Pinkston's lawyers argued in his appeal that his threat to the president was not real.

"Specifically, Pinkston argues that all of the individuals involved in the events leading up to his arrest knew he had an extensive mental health history, was homeless, had no income, weapon, or transportation, and had previously been provided bedding at a hospital after threatening to harm himself," the appeals court ruling states. "Based on this knowledge, as well as Pinkston's inability to provide details when asked how he would carry out his threat, Pinkston argues a reasonable person would not construe his alleged threat as a serious expression of an intent to inflict bodily harm upon or take the life of the President."

But the 11th Circuit Court of Appeals held that a reasonable jury could conclude that the threat was valid.

"Pinkston made the statement that he intended to kill the president to several people including hospital personnel and government agents," the ruling states. "He refused to back down from his statements during questioning. Despite the fact that Pinkston is homeless, he gave the impression that he could obtain a weapon and transportation. Pinkston's threat was taken seriously by hospital staff and the federal agents, and he was given multiple opportunities to recant his threat."