> So you don’t need evidence that he did something endangering? <
It’s a tough call. And that’s why I’d just give him a slap on the wrist. A hundred hours of community service should do the trick.
But there’s no getting around the fact that what he said could be perceived as a threat. And a threat does not require that he actually did something. A threat is just that, a threat.
It’s kinda like someone saying (as a joke) “maybe I’ll put a bomb on that plane.” It doesn’t matter if there is an actual bomb. That guy is going to get himself into some serious hot water.
I think 100 hours of community service is excessive.
$25 to $50 fine would be appropriate.