Lawyer: Gun Emails To Colorado Lawmaker Not Threats

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A Colorado Springs man accused of threatening a Colorado lawmaker pushing for stricter gun control measures plans to challenge the charges filed against him.

An arrest affidavit for 42-year-old Franklin Sain indicates the source of the angry e-mails and phone calls is a reaction to Fields’ push for tougher gun controls in Colorado. Fields is sponsoring gun bills to expand background checks and limit the size of ammunition magazines.

One of the e-mails reads in part, “You politicians have no idea what you are doing anyway, do you know how long it takes someone to change a magazine, less than a second, so what if someone with experience decides to flip out and bring their gun in with 5 or so 10 round magazines, the can do the same amount of damage.”

The six e-mails listed in the affidavit were sent February 13 – 15 and are laced with profanity as well as racial slurs. One also mentions Beth McCann saying in part “…hopefully somebody Gifords (sic) both of your [expletive deleted] with a gun,” an apparent reference to the attack on Arizona Congresswoman Gabrielle Giffords in 2011.

Sain's lawyer told a judge Friday that Sain admits sending emails to and calling state Rep. Rhonda Fields. Lawyer Siddhartha Rathod says that while the messages were offensive, they weren't threatening, and are constitutionally protected political speech.

Rathod also says Sain wasn't responsible for a letter sent to Fields that said, "There Will Be Blood!"

He reportedly plans to file a motion challenging the charges.

The suspended technology executive of SoftTec Solutions declined to comment after his first court appearance in the case.

Fields, a Democrat, represents the district where a gunman killed 12 people in a movie theater in suburban Denver.