SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Damian Smith-Birge, age 26, of Neosho, Missouri, was indicted on December 14, 2021, by a federal grand jury for making threats against the Pennsylvania State Police.
According to United States Attorney John C. Gurganus, the indictment alleges that on November 18, 2021, Smith-Birge telephoned the Pennsylvania State Police Stroudsburg barracks and made threats against law enforcement. The indictment also alleges that during the recorded calls, Smith-Birge referenced the December 2020 officer involved shooting incident that occurred in Hamilton Township, Monroe County, Pennsylvania. Smith-Birge was arrested in Missouri on a federal criminal complaint on November 22, 2021.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Pennsylvania State Police. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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