Ohio man sentenced after racist, threatening voicemail directed to DA Byers

EL PASO, Texas ( KTSM ) — An Ohio man was recently sentenced after he left a “racist rant” voicemail directed at the Third Judicial District Attorney Gerald Byers a year ago, the DA’s Office announced in a news release sent Wednesday, Oct. 9.

Donald Walter Fowler pled guilty on June 17 to the offense of communicating interstate threats. He was sentenced to three years of supervised probation and a $1,000 fine, according to the DA’s Office.

The DA’s Office said Fowler left the voicemail on the DA’s message center on Oct. 26, 2023.

According to the DA’s office, Fowler used racist and threatening language directed at Byers and his family’s safety, “There should be a noose in your future,” Fowler said.

In the two-minute message, Fowler also used the n-word and said “disparaging” comments about the police and Byer’s African American heritage, according to the DA’s office.

According to the DA Investigator’s report, the reason for the call was initiated when the body camera footage of Teresa Gomez, who was shot and killed by former Las Cruces Police Officer Felipe Hernandez, was released by LCPD.

The body camera footage was picked up by a social media channel that “incites actions against any law enforcement agencies around the country.”

During the incident, the DA’s Office and LCPD received over 500 calls nationwide, many of the callers were subscribed to the social media channel, according to the DA’s office.

Many of the calls used profanity and threatening language.

The DA’s office contacted the FBI to search the phone records and were able to narrow down the phone number to Fowler’s address in Ohio.

The Doña Ana County Sheriff’s Department, LCPD, the New Mexico State Police and the United States Marshals Service were also notified of the threats and had officers of each agency patrol Byer’s neighborhood and his office, according to the DA’s office.

According to the DA’s office, FBI agents in New Mexico and Ohio investigated the case, and the U.S. Attorney’s Office for the District of New Mexico secured a grand jury indictment and charged Fowler with the felony offense.

“Oddly, when offered an opportunity by Judge Gonzalez at the sentencing hearing to apologize, at first defendant Fowler declined.  After a recess, Fowler returned and mouthed a very brief, muted apology which the Judge acknowledged as containing a small bit of remorse,” read the news release.

“I hope that as a result of this process, Mr. Fowler does not allow himself to be a puppet for evil in the future,” said DA Byers.

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