Federal judge makes decision in case of Jacksonville man accused of threatening Trump

DUANEWS | October 20, 2026

JACKSONVILLE, Fla. — A federal judge has ruled that a former U.S. Marine and state prosecutor from Jacksonville is mentally incompetent to stand trial on charges that he threatened to kill President Donald Trump.

William L. Upham, 35, was arrested in July after federal investigators accused him of posting threatening videos on social media in which he called for violence against the president and his administration.

The latest ruling means Upham cannot currently proceed to trial. Instead, the court has ordered that he be transferred to a medical facility for treatment aimed at restoring his competency.

What Did the Judge Decide?

According to a report published Tuesday by News4JAX, Upham’s defense attorney requested a psychiatric evaluation in August to determine whether he was mentally capable of participating in his own defense.

Following the examination, a medical professional concluded that Upham was not competent to stand trial.

A federal judge accepted the findings and ruled that the criminal proceedings could not move forward until his competency is restored.

Prosecutors have been directed to submit status reports every 90 days.

A court hearing was held Monday, and the case has been continued, with a trial currently scheduled for February.

The ruling does not dismiss the criminal charge or determine whether Upham is guilty.

Arrested After Videos Targeting President Trump

The case began in July when federal authorities received reports about videos Upham allegedly posted online between July 13 and July 15.

According to the U.S. Department of Justice, Upham appeared in a military uniform and made statements encouraging the violent overthrow of the Trump administration.

Federal investigators allege that he described President Trump as an enemy and called for his killing.

Authorities also reported that Upham sent a message to another individual claiming he intended to kill the president at a time determined by God.

The U.S. Secret Service reviewed the videos and communications before federal authorities arrested Upham on July 16.

He was subsequently charged with threatening the president of the United States.

Former Marine and Prosecutor

Upham previously served in the United States Marine Corps and worked as a state prosecutor.

The Marine Corps confirmed that he had been medically discharged on May 30, 2025.

Following his arrest, the military publicly condemned his statements, saying they were inconsistent with the values and responsibilities expected of Marines.

The case attracted attention because of Upham’s military background, previous legal career, and the seriousness of the alleged threats against a sitting U.S. president.

What Happens Next?

Under federal law, a defendant must be competent to understand the criminal proceedings and meaningfully assist in their own defense.

When a court determines that a defendant lacks that ability, proceedings may be suspended while medical professionals evaluate and attempt to restore competency.

In Upham’s case, the judge has ordered treatment and continued monitoring of his condition.

If his competency is restored, the criminal proceedings may resume.

If convicted of threatening the president, Upham faces a maximum sentence of five years in federal prison.

For now, the case remains unresolved, and no determination of guilt has been made.

The latest decision marks a significant development in a federal criminal case that has drawn attention in Jacksonville and beyond.