SAN DIEGO, Calif. — A legal loophole in California has drawn scrutiny after charges were dropped last year against a man accused of threatening a mass shooting at Shoal Creek Elementary School.
Authorities allege that Lee Lor, a 39-year-old Marine combat veteran, sent more than 350 emails over six months threatening to shoot up the school. According to testimony, Lor sent these threats by replying to spam emails.
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One email reportedly included the statement, “If you think this is a joke, laugh. If not, a lot of children are going to die,” reports ABC10.
Despite these findings, charges against Lor were dismissed in October 2024. Under California law, a credible threat must explicitly target an individual to be actionable. Lor’s defense argued that his emails did not reference specific staff or students, framing his mass shooting threats as “ranting into the ether” rather than a direct threat.
Superior Court Judge Aaron Katz dismissed the charges, stating the threatening language lacked specificity directed toward identifiable individuals. Lor was released after spending 10 months in jail.
Lor Arrested Again with a Gun and School Map
One week after his release, San Diego authorities re-arrested Lor, alleging additional evidence pointing toward potential threats against the Shoal Creek Elementary School principal. Prosecutors argue that these new findings, including Lor’s detailed school layout research, establish a clear intent to harm.
In their search of Lor’s home, investigators also found a loaded firearm and research on ammunition and holsters. Lor’s residence is very close to Shoal Creek Elementary School.
Deputy District Attorney Savanah Howe emphasized the gravity of Lor’s actions, stating, “He presents a serious danger to this community. Students, parents, and teachers should all feel safe when they go to school each day,” reports NBC San Diego.
Defense attorney Lucas Hirsty, however, maintains that his client’s actions reflect “a cry for help” rather than genuine intent to commit violence. Hirsty called for Lor’s supervised release, citing his lack of a criminal history and steps taken toward rehabilitation.
Mass Shooting and Bomb Threats Made Against Other Facilities
Lor’s case has sparked outrage in the community, with frustrated parents and local officials calling for change.
To address the loophole in California law, Assemblymember Darshana Patel, a Democrat from San Diego, has introduced legislation seeking to expand the legal definition of threats to include credible risks against places such as schools. Patel, a former school board member, highlighted the need for proactive measures to protect communities. According to Patel, similar legal gaps have allowed perpetrators in eight other California cases to avoid prosecution, reports Cal Matters.
Cases similar to Lor’s include threats against facilities such as fire stations, hospitals, and airports. One notable example includes a bomb threat at Saddleback Hospital in Orange County, which led to delayed surgeries and disrupted emergency care. While law enforcement intervention occurred, no arrests were made due to the inability to identify a specific individual as the target.
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Assembly Bill 237, sponsored by Patel, has cleared the Assembly Public Safety Committee and awaits further review. However, it faces resistance from groups like Californians United for a Responsible Budget, which advocates against expanding state penalties. Opponents argue that existing laws already provide mechanisms to prosecute such threats and that new legislation risks unnecessary overreach.
Previous attempts to close this legal loophole have failed. A 2020 proposal that sought to address threats against schools and places of worship was shelved during the legislative process. Similarly, a broader bill in 2015 was vetoed by then-Governor Jerry Brown, who urged lawmakers to pause before adding to California’s extensive criminal code.
