The 10-year-old Cape Coral boy accused of threatening a mass shooting at his elementary school has officially been charged.
The boy’s father, Dereck Marquez, said the family got the news Tuesday afternoon, but the charges were filed Friday.
Attorney Doug Molloy said he’s surprised Daniel Marquez is being charged saying there’s a missing element, the validity of what deputies call the threat.
Daniel is accused of texting a classmate at Patriot Elementary last month. It included a google image of money and a gun. In a third text, he wrote “Get ready for water day.”
This case got local, national and international attention because Lee County Sheriff Carmine Marceno posted Daniel’s mug shot and perp walk on Facebook, one month ago.
Daniel is 10 years old. He’s a minor, and while this has played out publicly, in the courts, cases against minors are confidential.
Dereck Marquez says he and his son will fight this in public and in court to get justice. They say the sheriff gave them no choice.
“It’s very frustrating. They say they’re protecting him because he’s a minor and that they can’t reveal anything because he needs to be protected, but the laws are written so vaguely and there’s so much gray area that the sheriff was able to present what happened in his own words, not my child’s words, and show his face even though out of courtesy Fox and Friends covered his face,” said Marquez.
WINK News called and emailed the State Attorney’s Office to find out more about the charges. The State Attorney’s Office said Daniel has been charged with a written threat to conduct a mass shooting or an act of terrorism.
Molloy says they will go before a judge next month.
WINK News previously sat down with Daniel and the Lee County sheriff to talk about the arrest, you can read that story here.