US court drops charge against conspiracy theorist Donald Day Jr linked to Wieambilla attack
A US judge has dismissed one of the charges against a conspiracy theorist linked to the deadly Wieambilla terror attack.
Donald Day Jr was facing five federal charges in the US — three relating to alleged threats, and two counts of violating firearms laws.
US judge the Honourable John J. Tuchi has now dismissed one count of an interstate threat charge, which alleged Mr Day threatened the director of the World Health Organization.
Mr Tuchi granted the motion from US government prosecutors for the count to be dropped this week after the government said it was "made in good faith and is not contrary to the public interest".
The defendant's counsel did not object to the dismissal of the charge, labelled "count 2" in court documents.
It was alleged in February 2023, Mr Day threatened to injure WHO director Tedros Adhanom Ghebreyesus, commenting on a BitChute video: "It is time to kill these monsters, and any who serve them. Where are my kind? Where are you? Am I the only one? F**kin' hell!"
The video Mr Day commented on was of the WHO director discussing the discovery of a new virus in Equatorial Guinea called Marburg, which he said was similar to Ebola and had no approved vaccines.
Mr Day was active on BitChute, under the username "WEAREALLDEADASF**K", and had previously posted on the platform that he was "an x-con, who's armed to the teeth."
He also communicated with Gareth and Stacey Train on YouTube under the username "Geronimo's Bones".
The Train couple, along with Gareth's brother Nathaniel, fired a hail of bullets at police at their Queensland property in 2022.
Constables Rachel McCrow and Matthew Arnold, and a neighbour, Alan Dare, were all killed in the shooting.
After the murder of the officers, Gareth and Stacey appeared to address Mr Day in a video posted on YouTube called "Don't Be Afraid".
"[T]hey came to kill us, and we killed them. If you don't defend yourself against these devils and demons, you're a coward. We'll see you when we get home," Gareth said.
"We'll see you at home, Don. Love you," Stacey added.
Mr Day commented on the video soon after, that he wished he could be with the Trains "to do what I do best", according to court documents.
"I hate it, that I am unable to. What can I do? I tell you, family, that those b**tards will regret that they ever f**ked with us," he said.
Mr Day told officers in a police interview filed to a US court in April, that he was emotional after seeing the video.
He said that if he had known what was going to happen, he would have told the Trains not to kill the officers as he wanted them to come to the United States.
Mr Day admitted that he felt responsible for what happened to the Trains and for telling them he would have killed the "devils" and "demons" if they had come to his home.
"I totally felt responsible for that … because I didn't want to see my friends get killed like that," he told police.
The trial is scheduled to take place on September 15.
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