Attorney calls Flecken's bail 'excessive'
The attorney for an Allegheny County man jailed for allegedly making a threat against a Butler County school says his client — who has no criminal history — is being held on excessive bail after making what he argues was not a threat, but merely a very distasteful joke.
Bryan P. Flecken, 28, of Bridgeville continues to be held in Allegheny County Jail on $250,000 bail after being charged by South Fayette Township police with misdemeanor terroristic threats, following an investigation into online comments he allegedly made a day after a 19-year-old gunman killed 17 people at Marjory Stoneman Douglas High School in Parkland, Fla.
Police said Flecken made a specific threat to “shoot up” the Butler School District.
Attorney Giuseppe Rosselli said the $250,000 bail is “excessive,” as Flecken has no criminal history, and he doesn't believe the alleged comments at issue amounted to a threat.
“As an attorney it is my job to determine whether or not the conduct is criminal in nature,” he said. “And I don't believe this was a threat. Mr. Flecken has no criminal history whatsoever, except for a speeding ticket a couple years ago. He does not own guns, does not have access to guns and has no history of violence whatsoever. I am very disappointed that he is currently locked in a cage.”
Rosselli said a condition of the bond was completion of a Behavior Clinic assessment, which highlights any underlying mental health issues present, which he said was being completed Wednesday. He said he expects it will show Flecken has no mental health issues, but he did not return a call Thursday to comment on the completion.
“If they find something, they could continue to hold him or make conditions of his bond that he seek treatment, but we do not expect that to be the case,” he said.
Rosselli said because of the high bond, Flecken is classified as a “high-risk inmate” and is being held with maximum security inmates.
“He is holding up terribly,” he said.
Rosselli said he understands the response to the alleged conduct, which included the filing of criminal charges, increased security at the schools and led Butler School District to request an injunction prohibiting Flecken from physically being within a mile of any Butler School District property or from attending any school-related activity, whether held on district property or at another location.
But Rosselli plans to make the argument that no intention was present, which is a legal hurdle needed to prosecute the charge.
The injunction was approved Tuesday by Butler County Judge Marilyn Horan. Horan's order states that if Flecken violates the injunction, punishment could include up to a $1,000 fine or a maximum imprisonment of six months.
“I understand law enforcement's reaction to this, I understand the school district's reaction to this,” Rosselli said. “With that being said, I do believe that reaction was driven by the unfortunate occurrence down in Florida the day before. This is as much about timing as about thoughtless commentary.”
He said he plans to argue “not that Bryan did not make the statement. But if you take the statement in full context and apply to the legal statute, a crime was not committed. We want to go into this with calm and reasonable minds and view what was actually the full content of the post, which we will argue was not a threat.”
Flecken, who lists employment at Masonic Villages in Sewickley, has since lost that job because of the prosecution, Rosselli said.
Tina Lutter, public relations director for Masonic Villages, confirmed that Flecken worked in the kitchen of the Sewickley nursing center as a food preparation worker before he was suspended due to the pending criminal prosecution.
Police in Bridgeville and South Fayette, which is less than half a mile from Flecken's residence, said they had no information on previous interactions with Flecken.
A neighbor sitting outside declined to comment and said she did not know Flecken,
A preliminary hearing is scheduled Feb. 26, and a hearing will be held by Monday regarding the injunction.
An anonymous tip led authorities in Allegheny County Friday to charge the former Butler School District student, who graduated in 2008, after police say he posted online threats to “shoot up” the district.
That tip contained screen shots of a conversation between several Facebook users that occurred Feb. 15 in regards to a school shooting in Parkland, Fla., that happened the day before. Police say a gunman killed 17 people at Marjory Stoneman Douglas High School.
The affidavit of probable cause states that the conversation included comments about gun control, to which Flecken replied that “Nobody gives a (expletive). I'll prove it. I'm gonna buy 34 rifles and shoot up my first place of employment ... how about next Wednesday ... about 2:30. I bet (expletive) no (expletive) police or FBI even THINK of tracking me down. Nobody cares. Big brother is comatose.”
Police, along with FBI personnel, went to Flecken's home where he acknowledged he made some “less than colorful comments” on Facebook, the document states.
Flecken cooperated with the investigation, showing officers his phone, where police observed other comments from him, including, the specific threat of “Gonna shoot up: Butler JHS, IHS, or Sr. High??”, the document states.
Also in that conversation were comments from Flecken stating, “I'm game” and “Look at my latest post. Clearly ... I have nothing to live for ...” the document states.
The document states that Flecken admitted to authoring the posts, and he was arrested. He reportedly told police he was joking when he made the comments.
Cranberry Bureau Chief J.W. Johnson Jr. contributed to this report.
