Charges dismissed against Franklin Sain, accused of threatening Rep. Rhonda Fields over gun control

Prosecutors say lawmaker giving Sain second chance

DENVER - A Denver judge on Friday dismissed charges against Franklin Sain, the man accused of sending threatening emails, voicemails and a letter to state Rep. Rhonda Fields, D-Aurora.

As first reported by the Denver Post, Fields asked prosecutors to dismiss the entire case this week after she obtained a permanent protection order against Sain and felt her safety concerns had been met as a result.

"I am very pleased with the outcome of the Civil Protection Order trial," Fields tweeted. "My concerns have been addressed and it's time to move on."

Sain was charged in March with attempting to influence a public official and harassment based on ethnicity.

Sain's attorney Siddhartha Rathod asked that the charges be dropped, saying that while the emails were vile, they represented free speech protected under the Constitution. Rathod said Sain has apologized to Fields via email.

Prosecutors said the charges allege that between Feb. 13 and Feb. 21, Sain sent numerous threatening emails and a voice mail message with the intent to alter or affect Fields' opinion or action on gun control.

"The charges further allege that the communication was intended to intimidate or harass the victim because of her race," the Denver District Attorney's Office said in a news release.

When two Denver police detectives interviewed Sain on Feb. 19 in his office, he admitted he had sent phone messages and emails to Fields, but added: "I didn't threaten her," the affidavit said.

In one message, Sain allegedly told Fields he hoped someone would "Gifords" her, an apparent reference to the shooting and wounding of U.S. Rep. Gabrielle Giffords.

Sain also admitted to using profanity and "racist names" in the calls and emails, the affidavit said.

When asked about his phone calls and emails to Fields, Sain told detectives, "I'm just voicing some frustrations about a topic I consider sacred, especially after wearing a uniform and fighting for this country. When you have media pushing blame on gun owners, that just gets me emotional."

Sain was the chief operating officer at SofTec Solutions Inc., an Englewood information technology company that does work for the government and health care companies. The company first announced on Facebook that he'd been suspended, then fired.

Read more in The Denver Post: http://tinyurl.com/kgovo5o