A Queens judge on Thursday dismissed all but one of the terroristic-threat counts against Jeremy Fistel, the Plano man accused of leaving violent, Islamophobic voicemails and emails aimed at Mayor Zohran Mamdani. The court found the statements were deeply disturbing but did not create the reasonable expectation of imminent violence required to uphold most of the terroristic-threat charges.
Judge: Threats Were Hypothetical
Queens Supreme Court, Criminal Term Administrative Judge Michelle A. Johnson tossed the bulk of the "making a terroristic threat" counts after concluding that Fistel’s remarks were expressions of hopes and wishes rather than concrete plans to act, according to the Queens Daily Eagle. Johnson wrote that while the comments were "clearly disturbing," they did not satisfy the statute’s requirement that there be a threat of the "imminent commission" of an offense.
Indictment and Allegations
Fistel was indicted in September 2025 on a 22-count indictment that included multiple counts of making terroristic threats as hate crimes and related aggravated harassment counts, the Queens District Attorney's Office said in a press release. Prosecutors allege he left at least three threatening voicemails at Mamdani's district office in Astoria in June and July 2025 and submitted a written message invoking violence against the mayor, according to the DA's statement.
Defense Response
Fistel pleaded not guilty at his arraignment, and his lawyer argued that the language at issue was reprehensible but constitutionally protected. At that hearing, his attorney described the comments as "unpleasant speech," and after Thursday's ruling attorney Todd Greenberg told AP he "respects the judge's decision" while still contending the remaining count should be tossed.
What the Law Requires
Under New York law, a person is guilty of making a terroristic threat only when a communication causes a reasonable expectation or fear of the imminent commission of an offense. That "imminent commission" element, spelled out in Penal Law §490.20 and reflected in state jury instructions, was central to Johnson’s ruling. New York’s guidance explains that wishes or hypothetical statements generally will not satisfy the imminence requirement unless they create a real, immediate fear in the listener, according to New York court materials.
What Comes Next
All but one terroristic-threat count were dismissed, leaving the case alive on a single charge. Prosecutors had previously said Fistel took credit for the calls. The remaining top count carries a potential sentence of up to 15 years in prison if he is convicted, and it is not yet clear whether prosecutors will appeal, refile, or pursue any additional action. Earlier reporting first documented his extradition to New York in September 2025, including coverage of how he was extradited to NYC.
