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David Joseph Lenio.

Jonathan Hutson, an anti-gun violence advocate who helped put together the case against David Joseph Lenio, said he believes the 鈥渟lap-on-the-wrist鈥� outcome is evidence of 鈥渨hite privilege鈥� shown a defendant who comes from a wealthy family, whose father is a powerful investment banker and community leader in Michigan.

鈥淚 doubt that a Native American or Muslim would receive the same treatment after threatening to massacre more kids than the 20 who died in Sandy Hook Elementary in Newtown,鈥� Hutson told Hatewatch.

Lenio was arrested in February 2015, just a day after got a rifle, handgun and ammunition out of a storage locker in Kalispell, Mont., where he earlier had fired off a barrage of threats on Twitter. 聽

The 28-year-old former cross-country athlete from Forest Hills Northern High School, in Grand Rapids, Mich., tweeted he wanted to execute 30 or more grade school children, to surpass the number killed at Sandy Hook in December 2012. Lenio also posted Tweets about shooting up a synagogue and said he wanted to put two bullets 鈥渋n the head鈥� of a rabbi or Jewish leader. He also posted public comments about going on a killing rampage until 鈥渃ops take me out.鈥�

The itinerant cook and snowboarder initially was charged with state crimes of intimidation and malicious intimidation for making online threats of violence. The malicious intimidation charge subsequently was dismissed and he was set to go to trial in Flathead County on March 21 on the remaining felony.

Without offering a public explanation, Flathead County Attorney Ed Corrigan just days ago signed off on a deferred prosecution agreement that will see the charge against Lenio dismissed in two years if he breaks no laws. The only requirement of the agreement is that Lenio must keep his attorney informed of his address.

Brent Getty, the public defender representing Lenio, said the tweets about wanting to 鈥渟hoot up a school鈥� or put 鈥渢wo in the head鈥� of a rabbi or Jewish leader were never directed at anyone in particular.

鈥淭he facts that the state outlined did not support a charge of intimidation,鈥� Getty told . 鈥淚ntimidation is a very specific crime. You have to coerce another person into doing something, or not doing something. What keeps getting lost in the description of threats and tweets is that intimidation requires a very specific intent of coercing someone to do something.鈥�

But the agreement that potentially will allow Lenio to avoid a felony conviction and bar him from gun ownership is being criticized by some of those who have followed the case.

The Coalition to Stop Gun Violence headed up a national petition campaign that gathered more than 6,000 signatures, urging the Montana prosecutor not to 鈥渟ettle for any outcome that might allow David Joseph Lenio to own guns again.鈥�

鈥淭he Second Amendment was not ratified to vindicate the rights of men who threaten children and people of faith,鈥� said the national petition, which collected several hundred signatures from Montana residents.

鈥淭he State of Montana is rearming a man who threatened to massacre school kids and religious leaders,鈥� Hutson, the former spokesman for the Brady Campaign to Prevent Gun Violence, told Hatewatch. 鈥淐ounty Prosecutor Ed Corrigan is handing Lenio his guns back and voters should hold him accountable for his preferential treatment of Lenio.鈥�

It was Hutson who early last year intercepted several of Lenio鈥檚 Tweets that contained anti-Semitic and Holocaust-denying comments, along with threats to kill school children.

Worried that he may be seeing precursors to another school mass-shooting, Hutson documented the contents of the Tweets and notified the FBI and state law enforcement officials. The suspect鈥檚 whereabouts eventually were traced to Kalspell.

Hutson said the deal was struck without consulting members of Montana鈥檚 Jewish community and a human rights group that had publicly expressed concern that Lenio鈥檚 case would not eventually be presented to a jury to decide the question of guilt or innocence.

鈥淭he criminal justice system has shown a pattern of preferential treatment toward David Lenio from start to finish,鈥� Hutson said.

First, he said, the FBI failed to read Lenio his Miranda rights before videotaping his confession. That may have made it problematic for prosecutors to use the confession at trial. Then, Hutson said, District Court Judge Heidi Ulbricht released Lenio from jail without requiring a bail, only forbidding him from using social media, possessing firearms or contacting witnesses. 聽

鈥淭hen the judge let Lenio go home to Michigan to his wealthy, white banker dad, Remos Lenio, with no bail, no psychological evaluation, and no objection from the prosecution,鈥� Hutson said.

But while he was free awaiting trial, Lenio violated his release conditions at least 348 times by re-Tweeting 348 messages 鈥� many of them anti-Semitic and hate-filled 鈥� and was not held accountable, Hutson said.

In comparison, three dozen other people in Flathead County have been re-arrested for violating their release conditions, Hutson said.聽