An Altoona man who sent two threatening messages via Facebook to a former city police officer contending he wanted to harm the officer and his wife has been ordered to trial by Blair County Judge Wade A. Kagarise.

Jason Miller, 41, was charged last year with two counts of terroristic threats and four counts of harassment after sending the messages on Aug. 15, 2018.

Miller’s attorney, Blair County Assistant Public Defender Christian Kerstetter, asked Kagarise to dismiss the charges because the messages were sent “in the heat of the moment.”

As explained by the judge, the law considers a threat to commit violence to another person a violation of the law if it is communicated either directly or indirectly.

An electronic transmission of a threat is covered by the law, the judge explained.

However, the law provides an exception for comments that are spur-of-the-moment or “made out of hysteria or anger that do not trigger foreseeable immediate or future danger.”

The defense argued that Miller in his messages avoided language that threaten crimes of violence against the ex-officer or his wife, and that they were made in the “heat of the moment.”

Kagarise in an opinion issued late last week reviewed a “statement of facts” prepared by Kerstetter and Assistant District Attorneys Deanne Paul and Jessica Weil and concluded there was sufficient evidence showing that Miller threatened to personally commit a crime of violence.

“We note that the defendant argues in their brief that the defendant chose his words carefully so as to not threaten a crime of violence,” the judge stated in an eight-page opinion.

The evidence shows that two messages were sent via Facebook and stated, “I’d love to take a brick to every bone in your body.”

They also stated Miller wanted to tie up the victim and make him watch while “I busted up your wife with a ballbat.”

“This court believes that these statements are sufficient, at this stage of the proceeding, to establish a threat to commit a crime of violence,” the judge concluded.

The defense contended, he explained, the statements were made in the heat of the moment and therefore were insufficient to terrorize.

However, the two messages were sent four minutes apart, and they came despite there being no incident or cause for a spur of the moment reaction.

The defense also claimed Miller meant to send only one message, but he sent a second one because he didn’t think the first message was received.

Kagarise allowed two charges to each count to stand, pointing out there was no agreement between the two sides that this was the situation.

It will be left to a jury to decide whether Miller actually meant to threaten the ex-officer and his wife only once.

The judge also approved the harassment charges without comment.

The ex-officer has not been on the police force since 2015.

According to the judge’s opinion, the officer had contact with Miller while on the force, including a time when the officer arrested Miller’s wife.

The opinion stated, “Mr. Miller contends that (the officer) caused injury to his wife on that occasion, which is the cause of Mr. Miller’s animosity.”

Now that the pretrial issues have been decided, Miller is to appear on Aug. 5 for a preliminary conference.