Federal prosecutors say a 51-year-old Woodburn man left a chilling voicemail for a sitting U.S. senator, vowing to kill the lawmaker and “put a bullet” in their head. He is now facing a federal charge but was released from custody while the case moves forward.
Donald Leroy Smith Jr. made his first appearance in federal court in Portland on Thursday after being charged by information with threatening a federal official. Prosecutors allege Smith called the senator’s office on Nov. 12, 2025 and left a message that included the lines, “I’m coming to kill you,” “you need to be dead,” and “I’ll put a bullet in your head,” according to the U.S. Attorney's Office in Oregon.
The FBI is leading the investigation with help from the U.S. Capitol Police, U.S. Secret Service, U.S. Postal Inspection Service, Oregon State Police and the Woodburn Police Department. First Assistant U.S. Attorney William M. Narus and Assistant U.S. Attorney James A. Kilcup are prosecuting the case. KPTV reported that Smith made his initial appearance in Portland and that officials have not disclosed which senator was targeted.
What The Federal Charge Says
Smith is charged with “threatening a federal official with the intent to intimidate that official for the performance of official duties,” according to prosecutors. The allegation falls under federal law at 18 U.S.C. § 115, which makes it a crime to threaten to assault, kidnap or murder certain federal officials when the threat is intended to impede, intimidate or retaliate against them over their work.
Under that statute, a threat alone can be enough to trigger serious penalties. Depending on the conduct alleged, sentences can range upward, with threats specifically carrying a maximum of 10 years in prison and harsher punishments available in cases involving assault or murder.
What Happens Next In Court
During his appearance before a U.S. magistrate judge, Smith was ordered released while the case proceeds, according to the U.S. Attorney's Office. In its announcement, the office emphasized that an information is only a formal accusation, not proof of guilt, and noted that “a defendant is presumed innocent unless and until proven guilty.”
Prosecutors did not say whether they plan to seek a grand jury indictment as the FBI and partner agencies continue their investigation.
Threats against members of Congress and their staff are routinely treated as federal crimes and have resulted in prison terms in other cases. The Associated Press reported on a 2023 prosecution in which a man was sentenced after leaving a similarly threatening voicemail for a U.S. senator. In this Oregon case, officials still have not identified the senator involved and have asked anyone with relevant information to contact the FBI’s Portland field office or the Woodburn Police Department.
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