Texas Man Sentenced to 33 Months for Threatening Rep. Maxine Waters

Texas Man Sentenced to 33 Months for Threatening Rep. Maxine Waters

2 minute read
Published: 6/18/2024

Brian Michael Gaherty, 61, from Houston, was sentenced to 33 months in federal prison and fined $10,000 for racially motivated threats against U.S. Rep. Maxine Waters, a federal judge ruled Wednesday.

The sentence follows Gaherty’s guilty plea to threatening the congresswoman on four occasions in 2022, using graphic and violent language in voicemails left at her Los Angeles office. Judge R. Gary Klausner added a hate-crime enhancement to his sentence, highlighting the racial motivation behind Gaherty’s threats, which led Waters and her family to live in constant fear.

According to court documents, Gaherty’s threats were [detailed, explicit, and filled with racially charged language](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605). These messages were [left between August and November of 2022](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605), [creating an environment of terror for Waters and her loved ones](https://www.foxnews.com/politics/texas-man-convicted-threatening-kill-rep-maxine-waters-gets-nearly-three-years-prison).

“The defendant's actions were not only criminal but hateful,” Judge Klausner stated during the sentencing. “They [targeted Congresswoman Waters purely based on her race](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605) and position, intending to intimidate and inflict emotional distress.”

Waters, who has represented California in Congress since 1991, is known for her outspoken views and advocacy on social justice issues. This has made her a frequent target of threats and derogatory remarks. Her team [reported the threats to the authorities](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605), leading to an investigation that [traced the calls back to Gaherty](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605).

The impact of Gaherty’s threats was profound. Waters testified about the [fear and anxiety](https://www.foxnews.com/politics/texas-man-convicted-threatening-kill-rep-maxine-waters-gets-nearly-three-years-prison) they caused, noting that she had to [increase her security measures](https://www.foxnews.com/politics/texas-man-convicted-threatening-kill-rep-maxine-waters-gets-nearly-three-years-prison) significantly. “Living under constant threat affects [not just me but also my family](https://www.foxnews.com/politics/texas-man-convicted-threatening-kill-rep-maxine-waters-gets-nearly-three-years-prison) and staff,” she said.

[The hate-crime enhancement](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605) added significant weight to Gaherty’s sentence. Under federal law, hate crimes are defined as crimes committed against a person [based on certain biases, including race](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605). This enhancement means that Gaherty's [punishment was more severe](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605) than it would have been otherwise.

Gaherty's defense counsel argued for a lesser sentence, claiming that his behavior was a result of [mental health issues](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605) rather than deep-seated racism. However, the prosecution countered that the premeditated nature of the threats demonstrated a [clear and dangerous bias](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605).

This case marks yet another instance of heightened threats against public officials. According to the U.S. Capitol Police, threats against members of Congress have been on the rise in recent years, highlighting the growing challenges faced by lawmakers in an increasingly polarized political environment.

Experts suggest that such cases underscore the importance of addressing hate speech and ensuring robust legal actions against those who [threaten public figures](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605). They argue that a strong judicial response serves as a deterrent to others who might be inclined to commit similar offenses.

In addition to his [prison sentence](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605), Gaherty will be under supervised release for three years following his incarceration. He is also required to attend counseling sessions and participate in programs aimed at addressing his behavioral issues.

The sentencing of [Brian Michael Gaherty](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605) sends a clear message that [threats and hate crimes](https://www.nbcnews.com/news/us-news/texas-man-threatened-kill-us-rep-maxine-waters-sentenced-33-months-pri-rcna157605) against public officials will be met with serious consequences. As society continues to grapple with issues of racial hatred and political polarization, the judiciary's role in upholding justice and protecting public servants remains crucial.