Defense attorney David M. Wallin (L) and Eric Yee (C) look on as a prosecutor (R) argues for $2 million bail on Sept. 19, 2012.
A 21-year-old man who was arrested last month for possessing an illegal weapon after he wrote online that he wouldn't mind killing some neighborhood kids was ordered Tuesday to stay away from two schools near his parents' Valencia home.
Eric Ting Yee was charged in September with possessing a 27-year-old semi automatic assault rifle which was discovered after police kicked down the door of the home of the parents after he wrote online that he he wouldn't mind killing some local children.
"Looking out a window and see some little kids I wouldn't mind murdering at all," Yee reportedly wrote in the comments of an ESPN story about kids possibly getting killed over a pair of $270 LeBron James Nike shoes.
"It would be like the Aurora, Colorado shooting," he allegedly wrote, according to the L.A. County Sheriff.
But Yee's attorney told KPCC Wednesday that because he was never charged with threats, the restraining orders granted to nearby schools in the William S. Heart and Saugus Union School districts should be revoked.
David Wallin, who represents Yee said the First Amendment protects such speech, which is why his client was never charged for what was written on the website.
"He might have been guilty of being a stupid 21-year-old, but not of a crime," Wallin said of his client who is free on $100,000 bail and currently living in Orange County.
The Palmdale attorney said that because Lee was not speaking about any specific individuals he hadn't done anything wrong.
Wallin said Yee stated on the police report that he never saw the weapon, touched it, or fired it. Yee's father said he bought it years ago and tucked it away in a closet a long time ago.