A federal judge has denied the release of a Converse man who was arrested last week and accused of trying to “shoot up” the Texas State Capitol.
Texas Department of Public Safety troopers arrested Benny Caldera Jr., 40, and charged him with making a terroristic threat against a public servant, which is a felony. He was then taken into custody by the FBI, and charged with possession of a firearm with an obliterated serial number.
DPS said it had received “credible information” from a concerned citizen that Caldera was planning a “violent attack” at the Capitol on Thursday. Authorities arrested him the day before the alleged attack was to take place.
Caldera appeared Tuesday before U.S. Magistrate Judge Elizabeth “Betsy” Chestney for a detention hearing. He wept in court and shook his head when a U.S. marshal asked him to face forward after he was seen whispering to his family in the gallery. He held his head down for most of the proceedings.
A San Antonio police officer working with the FBI’s Joint Terrorism Task Force testified that Caldera planned to attack the capital because he was angry with the American Israel Public Affairs Committee, or AIPAC, a pro-Israel lobbying group that advocates for stronger ties between the United States and Israel.
Caldera is accused of saying “these people have to be exterminated,” according to a federal complaint.
Assistant U.S. Attorney Matthew Lathrop argued that Caldera should not be released.
“The most concerning thing are the repeated statements — he’s telling people goodbye, this is his fate, and his fate is to threaten violence and shoot people in the face,” Lathrop told the court. He said a “concerned citizen” recorded a conversation in which Caldera said he had already said goodbye to his loved ones.
Caldera’s federal public defender, Alfredo R. Villarreal countered that his client could be released and monitored on 24-hour house arrest so that he could get treatment.
“We have a commitment from family to seek any kind of counseling and treatment or any sort of help,” Villarreal told the court. “Mrs. Caldera has offered to be a custodian if the 24-hour lockdown is lifted so he can go into treatment.”
Chestney ordered Caldera to remain in detention, citing the nature of his alleged threats, his statements documented in the criminal complaint and his possession of weapons.
DPS agents who searched Caldera’s Converse home found a .357 revolver with no serial number that was loaded with six rounds, a 12-gauge shotgun and six 9mm rounds of ammunition.
Authorities said Caldera made references to “we” in many of his statements and that there is no clear idea to whom he was referring or how many people could be involved.
If convicted of the federal weapons charge, Caldera faces up to five years in prison.
Staff Writer Annasofia Scheve contributed to this report.