A state district judge suspended the jail sentence of a man who threatened Black Lives Matter protesters with a chainsaw last year.
Daniel Peña, who garnered national attention when a video surfaced of him brandishing a chainsaw at protesters in downtown McAllen, will not have to serve two years in jail after Hidalgo County at Law Judge Albert Garcia determined “the ends of justice and the best interests of both the public and the Defendant” would be served if Peña’s sentence was suspended and placed on community supervision, according to court records.
Peña, 45, pleaded guilty and was convicted on one count of deadly conduct and one count of assault, each Class A misdemeanors. Each charge resulted in an initial sentence of 365 days in the Hidalgo County Jail and a $300 fine.
The judgment that was signed on Tuesday ordered Peña to serve two years of community supervision, which includes the completion of an anger management program and random drug and alcohol evaluations. He is also ineligible to possess a firearm or ammunition.
The judge also ordered the McAllen Police Department to destroy the Echo Chainsaw CS-352 that Peña wielded during the incident, which occurred June 5, 2020.
In a video recorded that day, Peña can be seen yelling racial slurs and telling marchers from a Black Lives Matter demonstration to go home while revving a chainsaw.
One of the protesters that Peña allegedly accosted told The Monitor that before the video began, he had ripped a sign out of the hands of another protester.
The video was shared widely across social media to the point that “McAllen” was trending nationwide on Twitter.
Peña’s attorney, Israel Rivas, declined to comment about the sentencing on Friday.
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