Federal judge decides to keep Mitchell Kusick, accused of threats against president, in jail

Judge finds probable cause to move case forward

DENVER - A federal judge decided Monday to keep a man, who allegedly fantasized about achieving infamy by assassinating President Obama and shooting school children, in custody throughout his criminal case.

In federal court, Mitchell Kusick is charged with plotting to kill President Barack Obama. In state court, he's charged with threatening to shoot children at a Halloween trick-or-treat event at Standley Lake High School.

Kusick, 20, wanted to "go down in history as the 'guy who killed (President) Obama,'" according to a federal criminal complaint.

The case came to the attention of the Secret Service through the Westminster Police Department. Westminster's arrest document, and the federal document, said Kusick expressed a desire to go down in "infamy."

Kusick was in court Monday for two purposes, to determine if he will continue to be held in federal custody and if the case for the charge of threatening to kill or injure the president will move forward.

"We can't afford the risk of having him on the outside," said federal prosecutor Richard Hosley III.

It was revealed in court Monday that Kusick was diagnosed as being bipolar and psychotic when he was placed on a 72-hour mental health hold at a hospital Oct. 29 after he revealed his violent thoughts to his therapist.

His defense attorney, Marci Gilligan, did point out to the court that it was Kusick's decision to seek out the therapist.

Magistrate Judge Kristen Mix decided that Kusick would continue to be held in a federal prison in Englewood. She said the decision was based on the risk Kusick posed to the community.

"This is a very serious case," Mix said.

It was also revealed that investigators have obtained items from his parent's home, including computers, books, magazines and articles. Forensic examination of the computer allegedly revealed that Kusick had searched the Internet for information on making bombs. The publications that were seized allegedly focused on assassination.  The investigation is ongoing.

Mix decided there was probable cause to move forward with the case on the charge of threatening to kill or injure the president.