SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 22, 2021, Damian Smith-Birge, age 26, of Neosho, Missouri, was charged by criminal complaint with interstate threats and taken into custody by agents of the Federal Bureau of Investigation.
According to United States Attorney John C. Gurganus, the affidavit to the complaint alleges that on November 18, 2021, Smith-Birge called the Pennsylvania State Police Stroudsburg barracks and made threats against law enforcement. The affidavit 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 appeared before a Federal Magistrate Judge in Missouri on November 23, 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.
Criminal Complaints 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 five 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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