Case 2:18-cr-00027-NBF Document 45 Filed 11/26/18 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
v.
YUTTANA CHOOCHONGKOL

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Criminal No. 18-27

GOVERNMENT’S ANALYSIS OF THE
SENTENCING CONSIDERATIONS IN 18 U.S.C. § 3553(A)
AND NOW comes the United States of America by Scott W. Brady, United States Attorney
for the Western District of Pennsylvania, and Paul E. Hull, Assistant U.S. Attorney for said district,
hereby submits this Responsive Analysis of the Sentencing Considerations in 18 U.S.C. § 3553 (a)
as follows:
1.

Nature, circumstances, and seriousness of the offense
On January 10, 2018, defendant, Yuttana Choochongkol, was residing at Worldwide

Clinical Trial facility in San Antonio Texas. At 8:16 am ET, he reported to staff there that he was
feeling “fine” and not suffering any problems or ill effects. He ate three meals that day. He was
not administered any medication or alcohol that day. Two days had elapsed since he was last
administered any medication or alcohol. At approximately 6:16pm ET, he sat down at a computer
at the facility.
At approximately 8:26pm ET, an internet communication was sent to the Heinzfield
“Contact Us” portal from the same computer at this facility that threatened the athletes and
attendees of the National Football League Divisional Playoff Game on Sunday, January 14, 2018
incorrectly referring to the Steelers vs. Panthers. It was sent by defendant using the online name:
I am Anonymous; the email address: anonymouskillers@gmail.com; phone number: 878 9114111.
It stated: “Be prepared for a massacre at the Steelers vs Panthers playoff game this Sunday.
Its going to be my last day to live and why not take as many people with me as I can. Or why not
take a professional football player with me too? I’m going to try and kill as many Steelers football

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players and fans as possible before taking my own worthless life. So see ya’ll in Hell.
Hahahahaha.”
This communication was traced to the computer at which the defendant sat. He was
observed being on that computer at the time this first threat was transmitted. He continued to use
that computer until a second threat was transmitted.
Again on January 10, 2018 at approximately 8:47pm ET, an internet communication was
sent to the KDKA/CBS “Contact Us” portal, threatening the athletes and attendees of the National
Football League Divisional Playoff Game on Sunday, January 14, 2018. It was sent by a person
using the online name: I am Anonymous; the email address: anonymouskillerclown@gmail.com;
phone number: 724 911-4111; directed to the CBS local Staff in Pittsburgh.
It stated: “This Sunday’s playoff game in Pittsburgh is going to be one like no other.
Why? Because it’s going to be my last day on this pathetic planet. So why not take some innocent
lives with me? The Steelers game will be packed and that’s when I plan on killing Steelers football
players and fans before taking my own pitiful life. After all what does a person that is going to
commit suicide have to lose? Absolutely nothing!! So why not take out some million dollar
Steelers players before me? Sounds like a good idea. Hahahahah.”
This communication was traced to the computer at which the defendant sat. He was
observed being on that computer at the time this second threat was transmitted.
On January 11, 2018 at 8:07 am ET, defendant, Yuttana Choochongkol, reported to staff
there that he was feeling “fine” and not suffering any problems or ill effects. He ate his breakfast.
He was not administered any medication or alcohol that day. Three days had elapsed since he was
last administered any medication or alcohol. At approximately 8:23am ET, he sat down at a
computer at the facility.
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On January 11, 2018 at approximately 9:04am, an internet communication was sent to the
Heinzfield “Contact Us” portal, threatening the athletes and attendees of the National Football
League Divisional Playoff Game on Sunday, January 14, 2018. It was sent by a person using the
online name: Kill Roethlisberger; the email address: roethlisbergerassassin@gmail.com; phone
number: 878 411-9111.
It stated: “Consider me armed and dangerous for this Sunday with inside connection. I
will be packing an Uzi with many clips underneath my winter gear. My target will be the whole
Steelers sideline. There is only one God!! His name is Allah!!”
Defendant thus deliberately threatened a large public gathering three times in two days. In
doing so, he created serious concerns for the safety of the public at this gathering. If not for the
FBI being able to trace the communications to him, those concerns would have persisted until the
completion of the game that Sunday. The defendant made these threats at a time when the country
was beset by gun violence at public events and school threats were rampant.
2.

History and characteristics of the defendant
The defendant’s education includes a GED. He has worked numerous temporary jobs and

been a participant in clinical trials for the last ten years. He also was involved in bitcoin mining
using computer equipment at the time of his arrest.
The defendant has been involved in criminal activity for over 20 years, since age 19.
He was convicted of eight (8) crimes from September 2, 1997 through February 21, 2008.
Those crimes ranged from theft by deception, retail theft, theft, solicitation of sex, battery, and
possession of controlled substance. Only two (2) of these crimes have counted toward his criminal
history calculation. When the defendant transmitted these threats, he was on bond from a
misdemeanor case of failure to identify himself to a peace officer. For the most part in these cases,
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he received fines, probationary sentences and small jail terms.

3.
4.
5.

The need to promote respect for the law
The need to provide just punishment for the offense
The need to deter others from committing similar criminal conduct

Under these factors, the court should take into consideration that the defendant intended by
his conduct to cause apprehension of gun violence, having transmitted his threats to a news
organization and to the venue for the game. He also appeared to escalate the seriousness of the
situation by making the third threat the next day, referring to “Allah”, which made it appear to be
terrorism related.
When interviewed by law enforcement after his arrest, the defendant minimized the
seriousness of his conduct. He described his sending communications threatening to harm persons
at a large public gathering as a “prank”. Agents discussed the seriousness of making threatening
communications by pointing out that the country is in a time of “mass shootings.” In the interview,
the defendant dismissed the seriousness of his conduct, making threatening communications, by
describing them as “harmless” unless someone was really hurt or killed. Unbelievably, the
defendant said he thought his threats would be looked at, ignored, and thrown away. He described
himself as coherent and bored at the time he transmitted the threat. He then acknowledged the
agents when they stated that they thought the defendant was minimizing his conduct.
Under these circumstances, the sentence imposed by the court must be sufficient to deter
defendant and other would-be transmitters of threats of violence. Deterrence is equally important
when the threats are false since the still instill fear and trigger a law enforcement response. The
court must judge what type of jail sentence promotes respect for the law and is a just punishment
for the criminal conduct of the defendant. We submit that only a sentence near the maximum
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guideline range or above does so.
6.

The applicable guideline range
The government believes a sentence at or above the maximum guideline range in this case

is appropriate for the defendant’s course of conduct of sending multiple communications
threatening to kill persons at an NFL playoff game, his callous and cavalier attitude toward the
ramification of his actions, and his lengthy criminal history.
7.
The need to provide the defendant with educational or vocational training, medical
care, or other correctional treatment
While the defendant could benefit from educational and vocational training, this is not a
significant issue given the defendant’s offenses. He does not suffer from any particular medical
issue that cannot be addressed adequately by available medical facilities.
8.

The need to provide restitution
Restitution is not at issue in this case.
Wherefore, the government respectfully requests that the court consider the above matters

when it imposes sentence.

Respectfully submitted,
SCOTT W. BRADY
United States Attorney
By:

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/s/ Paul E. Hull
PAUL E. HULL
Assistant U.S. Attorney
PA ID No. 35302