Donald Day Jr lawyers cite free speech as to why charges should be thrown out
The American extremist charged in connection to the Wieambilla police shooting has made a bizarre bid to have his charges thrown out.
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An American man charged in connection to the Wieambilla police shooting has tried to get his charges dismissed at court, it can be revealed.
The Courier-Mail understands lawyers for Donald Day Jr – who police allege incited violence and sent messages to Gareth and Stacey Train before they murdered three people – have filed for Day’s charges to be dismissed.
According to overseas reports, the lawyers in part cited the US Constitution’s First Amendment on free speech.
Day, 58, was arrested near Heber Overgaard in Arizona earlier this moth after a joint Queensland Police and FBI investigation.
Agents allege he made “interstate threats”, with one of two indictments relating to comments posted online in December 2022 inciting violence in connection with the killing of police officers at Wieambilla.
Constable Matthew Arnold, 26, and Constable Rachel McCrow, 29, were shot dead by Nathaniel, Gareth and Stacey Train when they walked on to the property in the Western Downs on December 12 last year.
Constable Randall Kirk and Constable Keely Brough escaped while neighbour Alan Dare was also killed.
The Trains were killed after a stand-off with police.
Before they were shot dead, the Trains posted a video online and appeared to be communicating with others.
“We’ll see you when we get home,” Stacey said.
“We’ll see you at home Don,” Gareth said.
“Love you,” Stacey said.
Police confirmed that person was Day.
“It is in connection with the YouTube video … that’s the interaction that has emanated to cause this investigation,” Assistant Commissioner Cheryl Scanlon said at the time.
At Day’s arraignment hearing in Arizona earlier this month, federal judge Camille Bibles was told that he had gas masks and body armour at his home, as well as covered trenches and what appeared to be “a sniper nest on a CONEX box” – a shipping container developed during the Korean War.
She said these discoveries were “consistent with an ability to carry out threats made relating to law enforcement on his property”.
In a written statement on her decision to detain Day until his trial, Ms Bibles also referred to his “substance use history, violent behaviour history, evidence of possession of weapons despite being a prohibited possessor”.
Originally published as Donald Day Jr lawyers cite free speech as to why charges should be thrown out
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