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SALT LAKE CITY — Prosecutors have refiled a criminal charge against a man accused of threatening to shoot a youth football coach and his team during their practice in Magna last year.
Joshua Scott Howard, 38, who is believed to be homeless, was charged Wednesday in 3rd District Court with making a threat of terrorism, a second-degree felony.
It's the same crime Howard was charged with in September after police say he threatened a youth football team at Magna Copper Park, 8975 W. 2600 South, while the team was practicing.
According to charging documents, Howard and a woman were in the park arguing and the woman appeared to be trying to get away from Howard. At one point, the woman went to the football coach and asked for help.
The coach told Howard to "leave her alone and to leave the park." Howard told the coach to "mind his own business" and began walking away. But he then turned around and allegedly walked back toward the coach, who again told him to leave and that he was going to call the police.
"Howard said to go ahead and call the cops, but that he was going to go and get a gun, come back and shoot all the kids," according to the charges.
At that point, the coach cancelled practice and had his 18 players go home.
In February, Howard's attorney filed a motion to have his client's charge dismissed, arguing that Utah's threat of terrorism statute is "unconstitutional because it violates the First Amendment, and because it is vague and overbroad."
Christopher Manberg said in the motion that Howard left the park before police arrived and did not return to the park. Police did not find any weapons on Howard when he was arrested, nor did they find weapons in the home where Howard was staying nearby.
Prosecutors were given a March 25 deadline to file a response after the defense filed the motion to dismiss. However, court records do not indicate that prosecutors filed any response.
The case was dismissed on April 1 without prejudice, meaning prosecutors had the option of refiling the charge in the future.
