Cedar Rapids man sentenced to over 6 years for threatening prosecutor, firing flares

CEDAR RAPIDS — A Cedar Rapids man was sentenced Thursday to over six years in federal prison for threatening a federal prosecutor in 2020 through a social media message that also mentioned a federal judge, probation officer and U.S. deputy marshal, and for firing a flare gun at the courthouse — where all have offices.

John Edward Miller, 42, who initially was charged in Linn County District Court for firing the flare gun, later was charged in U.S. District Court and pleaded in May to one count each of influencing, impeding or retaliating against a federal official by threatening an official, judge or a federal law enforcement officer and interstate communications with intent to injure.

There was a delay in the federal case because Miller was found incompetent to stand trial in 2021. But his competency was restored in 2022, and he pleaded to the two charges.

According to the plea agreement, the FBI was notified Nov. 19, 2020, that Assistant U.S. Attorney Emily Nydle received a direct message on Facebook Messenger, which she regarded as threatening or harassing, from Miller.

The message also mentioned Deputy U.S. Marshal Earl Plattner, probation officer Rhonda Moyle and U.S. District Senior Judge Linda Reade. In the message, Miller stated “the flare guns are at most what a fake warning meeting of f#@k you feds.”

Nydle filed a report with Cedar Rapids police about the message. During the investigation, authorities learned Miller had three Facebook accounts, one of which was used to send the messages to Nydle.

Nydle told authorities she prosecuted Miller for harassment in Benton County when she was a county prosecutor, about four years before the threat. She also knew Miller had sent her a letter, but she never saw it. The letter was screened through the U.S. Attorney's Office's process.

The U.S. Marshals Service told federal agents there was an “open threat” investigation on Miller involving Moyle, according to a search warrant affidavit.

On Nov. 19, 2022, Miller shot a flare gun at the courthouse about 1:05 p.m., according to the plea. The flares ignited portable HESCO barriers at the front of the building, which were extinguished. A review of surveillance video from the area showed Miller across the street, near the Black Sheep Social Club, 600 First St. SE, firing the flare toward the courthouse. The remaining flare shot landed near a base of a tree.

A search of Miller's residence revealed evidence of two orange flare guns, two flare gun cartridges, one white work helmet with lights attached, mail belonging to Miller and a lanyard with his identification, according to the plea.

Miller admitted to investigators Nov. 22, 2022, that the flare guns were his, but he claimed he was 'just screwing around” that day, according to the affidavit. He was shooting the flares at the ground and didn't intentionally target the courthouse, he said.

Miller also said he knew Nydle was from Benton County, where he was from, and he wanted to vent to someone. He sent that message to learn more information about the other people he mentioned, he said. He didn't feel the message was threatening, the affidavit stated.

Miller told investigators he was prosecuted by Nydle for a harassment case in Benton County, the plea stated. He was upset with her over the case.

U.S. District Judge C.J. Williams sentenced Miller to 77 months in prison and ordered him to pay the General Services Administration, who owned the barriers in front of the courthouse, $760 in restitution. Miller must also serve three years of supervised release following his prison term.

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