A New York man who threatened President Joe Biden online—writing that he would “put a bullet” in the “old f—”—is headed to federal prison. But the sentence is far shorter than what prosecutors sought, and it comes with a significant focus on mental health care.
Chief U.S. District Judge Brenda Sannes declined to follow the sentencing range urged by the Justice Department, which requested a two-year prison term for Troy Kelly after he pleaded guilty to making threats against the president. Instead, Sannes sentenced Kelly to six months in prison, followed by three years of supervised release, and ordered him to participate in a mental health treatment program. Defense counsel had pushed for no jail time.
In a Dec. 1 sentencing memorandum, Kelly’s attorney, Timothy Austin, argued that his client’s background and emotional immaturity played a major role in the conduct.
“At 19 years old, Troy had experienced more than his share of traumatic experiences and dysfunctional family dynamics,” Austin wrote.
He continued that, at the time, Kelly was “an exceptionally immature young man unable to manage his frustration and anger over his own circumstances,” adding that his worldview was shaped by “the internet in the spaces that seem to exist to make us angry.” Austin said Kelly “mimicked what was modeled to him” by political rhetoric online.
According to a criminal complaint, investigators learned in June 2024 that Kelly had posted threats on the social media platform X (formerly Twitter). The message appeared under the username “@CountryBoyTroy0” with the display name “Troy Kelly.”
Prosecutors said the May 17, 2024 post targeted Biden after the president marked “International Day Against Homophobia, Transphobia, and Biphobia” with a message of support for LGBTQI+ people.
“On the International Day Against Homophobia, Transphobia, and Biphobia, my administration stands in solidarity with LGBTQI+ people around the world as they seek to live lives free from hate-fueled violence and discrimination,” Biden wrote. “It’s a matter of human rights, plain and simple.”
Authorities say Kelly responded with escalating threats, including: “I really hope to see u old f—,” followed by, “Gonna put a bullet in your head if I ever catch you,” and “Get the f— out of office.”
Investigators traced the account to an IP address in Schroon Lake, New York, about 250 miles north of Manhattan, and linked it to an email address connected to Kelly, prosecutors said.
During an interview with a federal agent, Kelly admitted he made the post and confirmed “it’s true” when asked why he wrote it, according to the complaint.
The agent wrote that when asked whether he still wanted to kill Biden, Kelly answered: “If I could, I would.” Asked why, Kelly allegedly said Biden and his son were “a disgrace.”
After the interview, agents seized two black powder rifles with optics from Kelly’s room. Prosecutors also cited additional posts from May 31, 2024, including: “We should just off this old f— already,” and “Biden. Your times coming. If not by my hand then someone else’s. You’ll see.”
Austin asked the court to credit Kelly for time served, noting he had been on pretrial release with electronically monitored home detention since July 1, 2024. By then, he had spent about seven days in custody following his arrest.
In his filing, Austin said Kelly has “benefited greatly from mental health treatment,” and described the case as “a stark wake-up call” that accelerated his maturation. He added that Kelly recognizes the seriousness of the offense and the consequences of a felony conviction, and understands he must “pay a steep price” for what he did.
