Kevin Patrick Smith of Kalispell, who admitted threatening to kill U.S. Senator Jon Tester of Montana in phone calls to his office, was sentenced in federal court in Missoula on Thursday, August 24, 2023.
The U.S. Attorney's Office said in a news release that Smith - who pleaded guilty in April to threats to murder a United States Senator - will spend 30 months in prison, followed by three years of supervised release.
The government said public discourse is the cornerstone of a free society and that criticism, disagreement, and even disdain are not only acceptable methods of expression, they also are constitutionally protected. “But there is a line. And Kevin Patrick Smith crossed that line – repeatedly,” the government said.
The government alleged that on January 30, Smith made numerous threatening phone calls to Tester by leaving voicemails at Tester's Kalispell office.
In one message, Smith said “There is nothing I want more than to have you stand toe to toe with me. You stand toe to toe with me. I rip your head off. You die. You stand in a situation where it is physical between you and me. You die.”
Smith also left a message for Tester that said “I would love to (expletive ) kill you. I would love to see your FBI at my door. I would love to see something in the news.”
The government also alleged that Smith’s voicemails — including the frequency and threats of murder — rose to the level that the U.S. Capitol Police and FBI began investigating.
According to the news release, despite being warned by the FBI not to threaten public officials, Smith refused to stop. Smith acknowledged in the recordings that he threatened Tester and such threats were “on purpose.”
Prosecutors say Smith made the threats because he was upset with Tester’s political decisions. In total, Smith left about 60 messages for Tester.
After arresting Smith, law enforcement officers searched his residence and recovered 19 firearms, including four shotguns, five rifles, eight pistols, a homemade silencer, and 1,186 rounds of ammunition.
U.S. District Judge Dana Christensen presided over the sentencing.
