JACKSONVILLE, Fla. – A federal judge has found a Jacksonville man and former Marine not competent to stand trial on charges that he threatened to kill President Donald Trump in a series of social media videos.
William Upham, a former Marine and former state prosecutor, was indicted in July on one federal count of threatening to kill the president. A judge has since ordered him transferred to a facility for competency restoration, with prosecutors directed to file status reports every 90 days.
Upham was arrested July 16, days after federal prosecutors say he posted videos online between July 13 and July 15 wearing a military uniform, calling on followers for a “call to arms” and urging an overthrow of the administration.
In one video, according to the indictment, Upham described a shooting method involving “two shots to the chest and one shot to the head.” In another, prosecutors say he called Trump the “Antichrist” and a “false Messiah” and said he “must be killed.”
Upham also sent an email to a third party stating he “will kill President Trump at the time that God chooses, not when I choose,” according to the indictment. Prosecutors say that message was sent with the intent to communicate a true threat.
The U.S. Secret Service reviewed the videos and the criminal complaint. Investigators also allege Upham had access to firearms and made concerning statements to law enforcement as recently as July.
Threatening to kill the president is a federal offense that carries a maximum sentence of five years in prison.
In August, Upham’s defense attorney asked a judge to order a psychiatric examination to determine if he was mentally fit to proceed with trial.
A hearing was later held on the results of that exam. The doctor who examined Upham concluded he was not competent to proceed. The judge accepted that report as evidence and found Upham not competent to stand trial.
A status conference was held Monday. The judge continued the case, which is now set for a February trial.
The Marine Corps previously said Upham had been medically discharged on May 30, 2025. The service called his comments “disturbing” and said they violated the oath he had sworn.
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