An excerpt from Friday's order by Judge Kathleen Williams (S.D. Fla.) in U.S. v. Martinez:
On February 29, 2024, Martinez was indicted on the sole count of transmitting a threat in interstate commerce … after uploading to his private Instagram account a thirty-eight-second recording of him inside his vehicle, pointing a sight-equipped firearm in the direction of a police vehicle driving ahead of him. In the Video, dated November 20, 2023, then twenty-one-year-old Martinez is heard saying "I'm on yo ass like white rice my boy," saying, "red dot, red dot," and laughing. {In fact, the driver of the police vehicle was female School Board Office Yovney Perez.}
Unbeknownst to Martinez, Miami-Dade Police Department Detective Danilo Fuentes … had created a profile impersonating a young woman, in order to gain access to Martinez's private account as a follower. Though the "Instagram story" automatically became unavailable after twenty-four hours, Fuentes saw the Video.
Fuentes had been monitoring Martinez's account for some time and knew Martinez's identity, the type of car he drove, and his address. Fuentes called to check on Perez, who he ascertained was driving the police vehicle in the Video. Perez was unaware of Martinez until alerted by Fuentes. Although Fuentes testified to engaging in periodic surveillance of Martinez's home, no notes were taken during these surveillance activities, no department-wide alerts regarding Martinez were issued, and Martinez was not arrested until two months after posting the Video. Martinez's posting of the Video was charged as a true threat to police officers, generally.
