CHARLOTTE, N.C. -- A Charlotte man accused of threatening to kill President Obama via Twitter just before the start of the Democratic National Convention will stay in jail until his trial, a judge ruled Tuesday.
Donte Jamar Sims, 21, hoped to get out of jail and go back to school after his arrest last week on communicating threats against the President.
Secret Service agents say Sims sent multiple tweets on Twitter, including several sent September 3 under the username @DestroyLeague_D.
Well Ima Assassinate president Obama this evening !... Gotta get this monkey off my chest while he's in town -_-— D.League(@DestroyLeague_D) September 3, 2012
Ima hit president Obama with that Lee Harvey Oswald swagg— D.League(@DestroyLeague_D) September 3, 2012
The Secret Service is gonna be defenseless once I aim the Assualt Rifle at Barack's Forehead ... F* the #DNC !— D.League(@DestroyLeague_D) September 3, 2012
Agents say Sims went on to tweet President Obama wouldn't make it to the coliseum and that he was plotting the President's murder.
In court, Sims attorney acknowledged the tweets, but argued they were made by a man high on marijuana with attention deficit disorder who craves attention and has sent 30,000 tweets in the last 40 months.
Sims’ attorney also claims the tweets weren't serious or credible because Sims had no weapon, no intent to carry out the threats, no history of violence and no transportation.
Prosecutors argued Sims' tweets were serious and when someone questioned one of Sims' tweets about the President, his response was serious "as a heart attack."
In court filings, agents say Sims smiled when they read his tweets and stated he hated President Obama.
Sims later apologized for the tweets.
On Tuesday Judge David Cayer sided with prosecutors and ruled there is probable cause a crime occurred and because of that Sims will stay in jail.
"Well that's up to the court, naturally, I would say different,” said grandfather Louis Sims. "I trust in God to help him and I love him. That's about all I can say."
Sims attorney plans to appeal the detention hearing and probable cause findings.