A West Virginia state lawmaker was arrested weeks before his swearing-in for allegedly threatening to kill delegates after he was voted to be removed from his position, authorities said.
Joseph de Soto, 61, faces charges of threats of terrorist acts, according to a criminal complaint.
“The West Virginia State Police and the West Virginia Capitol Police take all threats against government process seriously,” West Virginia State Police Lt. Leslie T. Goldie Jr. said in a statement. “Any person making these threats used to intimidate, disrupt, or coerce the members of our West Virginia legislature or other governmental bodies will not be tolerated.”
The case came to light on Wednesday when a woman went to police about threats to kill delegates within the West Virginia State Legislature, according to the complaint. De Soto was involved in a Republican Caucus meeting Sunday at the State Capital. At that meeting, he was voted out of his position, and he was upset, the document said the complainant told the police.
The complaint said he was voted out for undisclosed reasons, but the nonprofit West Virginia Watch reported Republican lawmakers were questioning the truthfulness about his military career and work as a physician.
The person said in a phone call with de Soto that he identified five delegates by name that he said he was going to kill.
“When asked what he meant by using the word ‘kill,’ he advised God called him to kill them,” the complaint said the defendant told the woman.
The witness provided emails to police that highlighted the alleged threats in his own words.
“They play stupid games they are getting stupid awards … I am upset only with the eastern panhandle delegates, I have only begun … and won’t stop, I had a vision to destroy them from the angel of Moroni….” he allegedly said in a Tuesday email, that also identified two additional alleged targets, according to the complaint. The angel Moroni refers to a pre-Columbian warrior in the Book of Mormon.
In the same email, he ends with, “they can all go to hell, I will send them there as commanded.”
In an email the following day, de Soto allegedly wrote, “I am focused on 4 people who are evil … not angry but at peace what I need to do.”
Court documents said the woman showed police a text message as well.
In the exchange, she wrote to de Soto to stop saying he was going to kill people.
“I did say I am going to kill people I said I am going what is necessary to put them from office,” he allegedly responded.
De Soto did not immediately respond to a message for comment, The New York Times reported.
His attorney, Jacob Mills, told NBC News his client is presumed to be innocent.
“He has entered a plea of not guilty,” Mills said. “My firm will be presenting his case in court and expect his vindication.”
In a statement, West Virginia Republican Party chairman Matt Herridge said the party supports de Soto’s expulsion.
“Our elected officials sacrifice a lot to serve their communities, and it is a travesty for anyone to face the additional burden of threats made against themselves and their families,” Herridge said.
Mike Pushkin, chair of the state Democratic Party, called the allegations “deeply serious.”
“First and foremost, our thoughts are with the delegates and their families who were subjected to these alleged threats. No one — especially those working in public service — should ever have to fear for their safety or the safety of their loved ones,” Pushkin wrote. “We will continue to support efforts to ensure the safety of those who work in service to the people of West Virginia.”
De Soto, originally from California, won his seat in November to represent District 91. He assumed his seat on Dec. 1 and was set to be sworn in on Jan. 8.
He was a Republican but changed his party affiliation to Democrat on Wednesday, said Mike Queen, a spokesperson for the West Virginia Secretary of State’s Office.
It’s not clear what effect the arrest will have on his delegate status.
West Virginia Watch reported that if he resigns, the Democratic Party would appoint a replacement because of his having switched affiliations.