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SALINAS, Calif. - Monterey County District Attorney Dean Flippo announced that charges have been dismissed against John Bernard Brazil stemming from his July 29th arrest for making criminal threats concerning staff at Salinas Valley Memorial Hospital.
COMPLETE NEWS RELEASE:
On July 27th, Brazil called a Community Hospital of the Monterey Peninsula (CHOMP) hospice grief counselor seeking help on the anniversary of his mother's death. In talking to the counselor, Brazil became irate over his perceptions of alleged ill treatment of his mother by staff at Salinas Valley Memorial Hospital (SVMH) last year. During one brief portion of the 25 minute rant, Brazil stated that he wanted to get his story out and that "if justice wasn't served, what happened in Colorado will happen on the Monterey Peninsula." He also said, "I can understand why someone can be so angry and do something like that." Brazil went on to threaten to shoot staff at the hospital and then shoot himself. At no time did Brazil intimate in any way that he wanted the grief counselor to relate his threat to staff at SVMH. From all indications, Brazil intended the communication to be a private one.
Out of fear for the staff at SVMH and with concern that Brazil might be suicidal, CHOMP staff contacted Salinas Police and SVMH. Police were able to track down Mr. Brazil and arrest him at his home in Pebble Beach on July 30th. A subsequent search of his home and car revealed that Brazil possessed no firearms or ammunition, and a thorough search of his documents revealed no evidence of violent intent of any kind.
California law does not generally make threatening speech illegal. Under our law, this is especially so when a person expresses oneself to a therapist. Instead, the law criminalizes threats only when the speaker intends that the threat be communicated to the putative victim. After interviewing all witnesses, thoroughly investigating the surrounding circumstances, consulting with staff at SVMH, and discovering no evidence that Brazil had contacted anyone at SVMH for over a year, the District Attorney's office has concluded that there is not proof beyond a reasonable doubt that Brazil intended that his threat be conveyed by the CHOMP grief counselor to staff at SVMH. Brazil's threats, although obviously inappropriate and clearly alarming, do not violate the law.
The District Attorney's Office has referred the matter to the Monterey County Behavioral Health Department.
