Clarksburg, WV. — A 20-year-old Clarksburg man has been federally indicted for allegedly threatening to kill President Donald J. Trump and Immigration and Customs Enforcement (ICE) agents, according to federal prosecutors.
U.S. Attorney Matthew L. Harvey announced that Cody Lee Smith faces four federal charges, including two counts of threats to murder the President and two counts related to threatening federal officials.
According to the indictment, Smith allegedly made a series of public posts on Instagram encouraging violence against President Trump, supporters of the President, members of the military, Israelis, and “all government officials.”
Federal prosecutors also allege that Smith sent a direct message via Instagram to Donald Trump Jr., stating that he intended to kill the President by cutting his “jugular.”
In addition to the online posts, investigators say Smith called the ICE tip line and threatened to kill ICE agents in Clarksburg as well as the employee who answered the call.
“Threats of violence and death against President Trump and our brave law enforcement partners will not be tolerated in the Northern District of West Virginia,” Harvey said. “We take threats seriously, regardless of how they are made, and will prosecute those who make them to the fullest extent of the law.”
Homeland Security Investigations (HSI) Washington, D.C. Special Agent in Charge Eric Weindorf said the agency remains committed to investigating threats against law enforcement officers.
“The safety and security of law enforcement personnel is our highest priority,” Weindorf said. “HSI will work tirelessly with our partners to ensure those responsible for threats against our agents and officers are brought to justice.”
The case was investigated by Homeland Security Investigations, the U.S. Secret Service, the Federal Bureau of Investigation, the West Virginia State Police, and the Harrison County Sheriff’s Office.
Smith faces up to five years in federal prison for each presidential threat charge and up to ten years for each of the remaining counts if convicted. A federal judge will determine any sentence after considering federal sentencing guidelines and other statutory factors.
Assistant U.S. Attorney Andrew Cogar is prosecuting the case.
Federal officials noted that an indictment is only an allegation, and the defendant is presumed innocent unless and until proven guilty in a court of law.
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