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Pre-trial begins in Facebook threat case

The pre-trial for Justin Carter started Tuesday in New Braunfels.
The pre-trial for Justin Carter started Tuesday in New Braunfels.

NEW BRAUNFELS -- The pre-trial for Justin Carter started Tuesday in New Braunfels.

Carter is the New Braunfels man who police claim threatened to "shoot up" a school on a Facebook post in 2012.

Justin Carter was 18 years old when he allegedly made comments on Facebook about shooting up a school.

One month later he was arrested, then spent several months in jail, and Tuesday appeared in District Judge Jack Robinson's courtroom for a pre-trial hearing.

Throughout the hearing Carter appeared nervous and uneasy as the defense called expert witnesses to testify. Notably web experts talking about the use of social media.

Carter's attorney, Don Flanery, was pushing to suppress evidence and get the case dismissed, saying that the prosecution is violating Carter's First Amendment right to freedom of speech. Flanery said Carter's remarks were simply hyperbole and shouldn't be considered a serious threat. He also argued that there was no probable cause for arrest.

The case is set to resume sometime Wednesday.

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