'On My Way! School Shooter': Florida Man's Case Shows Social Media Posts Could Have Dire Consequences
David Puy captioned a photo of himself before posting it on Snapchat in May 2018. It was a post he'd come to regret.
April 16, 2020 at 01:02 PM
4 minute read
A social media post one South Florida defendant claims was just a tone-deaf joke has followed him all the way to the Fourth District Court of Appeal, which declined to dismiss criminal charges against him for written threats to kill or do bodily injury.
"On my way! School shooter," 19-year-old David Puy captioned a photo of himself before posting it on Snapchat in May 2018.
It was a post he'd come to regret.
Puy, a former student at Spanish River Community High School in Boca Raton, was arrested about 15 hours later, after a student at the school reported the post to a teacher.
His case demonstrates how social media posts can have dire consequences under Florida law.
Puy was charged with violating Florida Statute Section 836.10, which governs defamation, libel and threatening messages. The statute was amended in March 2018 after a teenager posted on Twitter, "Can't wait to shoot up my school" and "School getting shot up on a Tuesday," making it a second-degree felony to post threats of violence, even if they're not directed at a particular person.
The defendant argued he "wasn't thinking," and that he never intended to shoot anyone, having written the post on his way to a restaurant to eat with friends. His West Palm Beach attorney Gregory Salnick of the Law Offices of Salnick & Fuchs claimed the post was vague enough to result in different interpretations, and presented evidence that the term "school shooter" was a frequently used as an "inappropriate joke" at high school.
Puy pleaded nolo contendere on the condition that he could appeal for dismissal. He was sentenced to three years probation in March 2019, according to online case files.
Puy moved to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), which says defendants can have a case thrown out if there are "no material disputed facts" left to decipher, and if no prima facie case guilt has been established.
But assuming all the state's allegations were true, the appellate panel found Palm Beach Circuit Judge Jeffrey Colbath was right to not dismiss the case, as it should be up to a jury to decide whether Puy posed a threat.
"That argument may or may not have been successful to a factfinder," the opinion said. "The issue for this court is to determine whether, at this juncture of the proceedings, dismissal was warranted. We find that the trial court did not err, and that only a jury in this case could have made these factual determinations."
Since the statute doesn't explain how "threat" should be interpreted, the appellate panel turned to a dictionary, which described it as "an expression of intention to inflict evil, injury or damage." It also looked to the Second DCA, which found a threatening message is something that could "cause alarm in reasonable persons."
The opinion noted that in one Fifth DCA case, an appellate panel found a Snapchat message showing a student with a scoped AR-15 rifle with the caption, "Show and Tell @NM on Monday," demonstrated the potential to cause such alarm, and should be interpreted by a jury.
Fourth DCA Judge Spencer Levine wrote the ruling, backed by Judges Cory Ciklin and Jonathan Gerber.
Puy's fight isn't over yet, according to his attorney Salnick.
"Notwithstanding the appellate court's ruling on Mr. Puy's case, whose case is one of first impression under amended Florida Statute 836.10, we are still going through the appellate process and cannot comment further," Salnick said.
Florida Attorney General Ashley Moody and West Palm Beach Assistant Attorney General Mitchell A. Egber represent the state. Their office did not immediately respond to a request for comment.
|Read the ruling:
More appeals:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRogge Dunn Represents Florida Trucking Firm in Civil RICO Suit Against Worldwide Express
4 minute readTrending Stories
- 1Advising 'Capital-Intensive Spaces' Fuels Corporate Practice Growth For Haynes and Boone
- 2Big Law’s Year—as Told in Commentaries
- 3Pa. Hospital Agrees to $16M Settlement Following High Schooler's Improper Discharge
- 4Connecticut Movers: Year-End Promotions, Hires and an Office Opening
- 5Luigi Mangione Defense Attorney Says NYC Mayor’s Comments on Case Raise Fair Trial Concerns
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250