New York attorney Nicholas Leo faces felony charges after sending chilling death threats to the judge who ruled against him in his child custody case, telling her “I hope you die tonight in a car fire.”
Key Takeaways
- Yonkers attorney Nicholas Leo is being held without bail after threatening Acting Supreme Court Justice Susan Capeci with explicit death threats over a custody ruling
- Leo allegedly sent multiple threatening text messages to Judge Capeci between May 27 and June 11, blaming her for taking his children away
- The attorney was charged with felony aggravated harassment of a judge and a protection order was issued requiring him to stay away from Judge Capeci
- The case highlights growing concerns about increasing threats to judiciary members across the nation
An Attorney’s Dangerous Threats
Yonkers attorney Nicholas Leo has been arrested and charged with felony aggravated harassment of a judge after allegedly sending multiple threatening text messages to Acting Supreme Court Justice Susan Capeci. The threats stemmed from Leo’s anger over Capeci’s rulings in his ongoing child custody case. According to court documents, Leo sent explicit messages threatening violence against the judge who was overseeing the matrimonial proceedings between Leo and his wife, who filed for divorce in September. The attorney is currently being held without bail at Westchester County Jail following his arraignment.
“I’m going to beat you, I wish you die tonight in a car fire,” said Nicholas Leo.
In another threatening message, Leo made it clear he was blaming the judge directly for the loss of access to his children. “I warned you month after month after month, If you take my kids from me for no reason, which you did, it’s not gonna go well. I hope you die,” Leo wrote to Capeci. The messages were sent on multiple occasions between May 27 and June 11, demonstrating an escalating pattern of threats that ultimately led to his arrest. White Plains City Judge John Collins Jr. ordered Leo held without bail and issued a temporary order of protection to ensure Judge Capeci’s safety.
Growing Threats Against Judiciary
The arrest of Nicholas Leo comes at a time when threats against judicial officials are increasingly concerning nationwide. Westchester District Attorney Susan Cacace emphasized the gravity of such threats in her statement following Leo’s arrest. The District Attorney’s office is taking the case extremely seriously, highlighting the dangerous precedent that would be set if such threatening behavior were to become normalized. Leo’s next court appearance was scheduled for June 18, with his attorney requesting a bail hearing for June 16.
“At a time of increasing threats to members of the judiciary, the defendant’s alleged conduct is especially alarming. We must never allow this type of conduct to become normalized. The sanctity of our legal process demands nothing less,” said Susan Cacace, Westchester District Attorney.
U.S. Supreme Court Chief Justice John Roberts has previously addressed this troubling trend in his 2024 report on the federal judiciary, stating that “violence, intimidation, and defiance directed at judges because of their work undermine our Republic, and are wholly unacceptable.” The Leo case exemplifies the types of threats that judges increasingly face while performing their constitutional duties. This incident also coincided with other violent acts targeting elected officials, including the assassination of Minnesota Rep. Melissa Hortman and her husband.
Legal Consequences and Broader Context
The criminal charge against Leo—aggravated harassment of a judge—carries significant penalties under New York law. This charge specifically addresses threats made against judicial officers in connection with their official duties. Leo’s arrest is particularly notable given his status as an attorney who should understand the legal system and its boundaries. The case also connects to Leo’s previous legal troubles, as he reportedly faced charges of criminal contempt related to the same matrimonial case before the threats against Judge Capeci began.
“At a time of increasing threats to members of the judiciary, the defendant’s alleged conduct is especially alarming, As U.S. Supreme Court Chief Justice John Roberts observed in his 2024 report on the federal judiciary, ‘violence, intimidation, and defiance directed at judges because of their work undermine our Republic, and are wholly unacceptable,” said Susan Cacace.
The timing of Leo’s threats also coincides with other violent incidents in American politics, including an assassination attempt on President Trump earlier in 2024. New York State leaders have strongly condemned such violence, with Assembly Speaker Carl Heastie emphasizing that “Even at this most contentious time, violence is never the answer. Our priority should always be the safety of our communities.” As the Westchester County District Attorney’s Office continues its investigation into Leo’s case, it serves as a stark reminder of the importance of maintaining respect for judicial independence despite personal disagreements with court rulings.
