Here's Portsmouth school shooting threat suspect's argument for less prison time

PORTSMOUTH — Prosecutors are seeking a four-year prison sentence and three years of supervised release for Portsmouth High School shooting threat suspect Kyle Hendrickson, while his defense maintains he never intended to carry out a shooting.

The 26-year-old from Berwick, Maine is set to be sentenced in federal court in Concord Tuesday, May 14 on two charges handed down by the U.S. attorney’s office for the District of New Hampshire. Hendrickson pleaded guilty to charges of interstate threatening communications and possessing a firearm in a school zone in November.

The U.S. Probation Office examined Hendrickson’s charges and his prior criminal history, determining he should be imprisoned for between 33 and 41 months, followed by a term of supervised release of one to three years and a fine of $10,000 to $100,000, per the prosecution. Hendrickson's attorney is arguing for less time, whole prosecutors seek more.

Prosecutors argue for more time in prison

The federal government requests Hendrickson be sentenced to 36 months on the threat to the school community, followed by another 12 months behind bars for possessing the firearm in a school zone, according to court records.

The day of his arrest, Hendrickson allegedly admitted to police in Portland, Maine, he had disposed of the handgun seen in the Snapchat video behind a hotel in Freeport, Maine.

“A sentence of imprisonment of 48 months would adequately deter the defendant from future criminal conduct while promoting respect for the law. (The) defendant is still a young man, but his adult life is now at a crossroad,” the prosectuion’s sentencing memorandum says. “While this is his first felony conviction, he has a lengthy record of run-ins with law enforcement that does not evince a respect for the law. A significant sentence of 48 months would send a strong message that this is (the) defendant's best — and perhaps last meaningful — chance to live a productive and law-abiding life.”

The governments states it wants to “protect the public from further crimes of the defendant” and cites the emotional toll the manhunt to find him had on the Portsmouth community.

“The defendant’s threat to shoot-up the Portsmouth High School did damage to the entire community at large,” the prosecution's motion states. “Students, teachers, and administrators all had to return to school after the defendant’s threat. Offering the community some additional peace of mind that the defendant’s incarceration will protect the public, and particularly the school community, is a fair additional consideration for the Court to weigh in fashioning its sentence.”

Hendrickson's attorney makes case for shorter prison sentence

Hendrickson’s attorney, Murdoch Walker II, filed a sentencing memorandum and motion on May 3, contending Hendrickson should only get 15 to 21 months in prison because he never intended to carry out a shooting at Portsmouth High School.

The memorandum states Hendrickson was dropping off his mother at the school on April 12, 2023, then filmed the video.

“While he did possess a firearm at the school property, the circumstances surrounding that moment, when read as a whole, suggest no intent to carry out a threat,” Hendrickson’s sentencing memorandum states. “Specifically, he stated that the video was nothing but a joke (although a terrible one), and that he would never carry out the threat since his relative attended that school.”

Walker argues a lighter sentence should be imposed on his client because Hendrickson grew up with parents who battled substance abuse, and he faced the same challenges, beginning in his teenage years.

Hendrickson completed drug abuse treatment at the Strafford County jail last year, the motion adds. Attached to the sentencing memorandum are character statements on Hendrickson’s behalf, written by his mother, fiancé, friends and other relatives.

On April 12, 2023, Hendrickson took a Snapchat video outside of Portsmouth High School brandishing a Smith & Wesson SD40 VE handgun, which he pointed at the passenger next to him. The video was taken with the Portsmouth High School sign in the background and a text overlay reading “imma gonna shoot up the school.”

Snapchat notified the Federal Bureau of Investigation about the video that day, who then alerted Portsmouth police. The city department and Portsmouth school district decided to close all Portsmouth schools on April 13 while Hendrickson was still at-large. He was apprehended by authorities later that day in Portland, Maine.

Investigators obtained a search warrant for his 2014 Ford Explorer and seized an AR-15 rifle, a shotgun, camouflage body armor, a handgun holster, a red-dot sight and several rounds of ammunition in the vehicle.

The two charges Hendrickson faces each carry a maximum prison term of five years, three years of supervised release and upwards of a $250,000 fine.

Hendrickson has remained in custody since his April 2023 arrest. His case is being prosecuted by Charles Rombeau, assistant U.S. attorney for New Hampshire.

Walker did not respond to a request for comment.

This article originally appeared on Portsmouth Herald: Suspect seeks less prison time for Portsmouth shooting threat