April 22, 2010 - DALLAS—A federal grand jury in Dallas returned an indictment late yesterday charging Erlyndon J. Lo, 27, with offenses related to his threat to use deadly force to stop an abortion at the Southwestern Women’s Surgery Center (SWSC) in Dallas, announced U.S. Attorney James T. Jacks of the Northern District of Texas. Lo has been in custody since his arrest on April 3, 2010, at his home in Plano, Texas, on related charges outlined in a criminal complaint.
Specifically, the indictment charges Lo with one count of transmitting a threatening communication in interstate commerce and one count of interfering with access to reproductive health services.
The indictment alleges that on or about April 1, 2010, Lo sent a communication, via FedEx, that he knew would be transmitted via the Electronic Court Filing (ECF)/Public Access to Court Electronic Records (PACER) System, that contained a threat to use physical force and deadly force against clients and employees of the SWSC, declaring,
“...ON FRIDAY, APRIL 2, 2010, TOMORROW, I WILL BE T THE SOUTHWESTERN LATE-TERM ABORTION FACILITY LOCATED AT 8616 Greenville Ave. At Royal Ln. (NE corner), Dallas 75243, I will try to stop an abortion using oral words, and if words are not enough, I will use physical force if necessary, and if anyone tries to physically stop me, I will overcome that force, and if I must use deadly force to defend the innocent life of another human being, I will.”
The indictment also alleges that Lo, by threat of force, intentionally intimidated and interfered with, and attempted to intimidate and interfere with, employees and clients of the SWSC to intimidate them from providing and obtaining reproductive services.
An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted however, the maximum statutory sentence for transmitting a threatening communication in interstate commerce is five years in prison and a $250,000 fine. The maximum statutory sentence for interfering with access to reproductive health services is one year in prison and a $100,000 fine.
The case is being investigated by the FBI and prosecuted by Deputy Criminal Chief Assistant U.S. Attorney Sarah Saldaña and Assistant U.S. Attorney Errin Martin.
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