Threats have to be "true threats"...ie real and immediate and to a specifically identifiable person to be actionable.
Speech is not assault.
Speech is not destruction of private property.
Speech is not placing biohazards on other people’s property.
If there are other things to charge him with, fine. Then charge him with those things. "Intimidation bias" is a violation of the first amendment.
Edward C. Mathews’ right of free speech rights did not include threatening people, but did include his crying like a baby in that courtroom.
Here’s more information about NJ’s “Bias Intimidation Law”: https://www.michaelschreiberlaw.com/blog/2021/08/understanding-new-jerseys-bias-intimidation-law/
It states, “A person needs to commit an underlying offense to be charged with bias intimidation.”
It gives an example of a woman who threw objects at a motel front desk clerk. The woman was charged with assault, disorderly conduct, and harassment. Because she yelled racial slurs while committing those crimes, she also was charged with bias intimidation.
Here’s the article about that incident: https://www.burlingtoncountytimes.com/story/news/2021/07/23/super-8-bias-incident-trzeciak-delco-development/8064341002/
That article says the police chief “has said people cannot be charged for using racial slurs, and that a bias-intimidation charge requires evidence of an underlying offense.”