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SAN FRANCISCO — The man accused of trying to kill OpenAI CEO Sam Altman by throwing a Molotov cocktail at his San Francisco home was experiencing a mental health crisis and has been overcharged by prosecutors, his public defender said Tuesday.
Daniel Moreno-Gama made his first court appearance on state charges Tuesday, wearing an orange jail uniform and with disheveled hair. The 20-year-old, whose attorney said is autistic, kept his gaze down during the brief hearing and softly answered “yes” when asked by a judge whether he agreed to continue his arraignment. San Francisco Judge Kenneth Wine ordered him held without bail set his arraignment to May 5.
PREVIOUS STORY: Texas man charged after allegedly throwing Molotov cocktail at Sam Altman’s SF home
Authorities say Moreno-Gama, of Spring, Texas, hurled the incendiary device at Altman’s home Friday, setting an exterior gate on fire before fleeing on foot. Less than an hour later, Moreno-Gama went to OpenAI’s headquarters about 3 miles (5 kilometers) away and threatened to burn down the building, they said. They said he traveled to the city from Texas.
No one was injured at Altman’s home or the company’s offices. San Francisco Deputy Public Defender Diamond Ward called the case a “property crime, at best,” and said that prosecutors are pursuing higher charges to curry favor for Altman. Moreno-Gama also faces federal charges.
“It is unfair and is unjust for the San Francisco district attorney and the federal government to fear monger and to exploit the mental illness of a vulnerable, young man by turning a vandalism case into an attempted murder, life exposure case to gain support of a billionaire, and to get political points at the expense of true justice for everyone involved,” Ward said.
San Francisco District Attorney Brooke Jenkins disputed that he was overcharged, saying Moreno-Gama carried out a “targeted attack on Mr. Altman” and that prosecutors had evidence to back up the charges. She said prosecutors would act the same whether the victim was a “billionaire or a CEO or any average San Franciscan.”
“Regardless of a victim’s status, they all deserve justice and they all deserve safety,” she said.
Authorities said Moreno-Gama, who works part-time at a pizzeria and is attending community college, expressed hatred of artificial intelligence in his writings, describing it as a danger to humanity and warning of “impending extinction,” according to court filings.
INITIAL REPORT: 20-year-old arrested after throwing Molotov cocktail at Sam Altman’s San Francisco home, OpenAI says
“This was not spontaneous. This was planned, targeted and extremely serious,” FBI San Francisco Acting Special Agent in Charge Matt Cobo said during a news conference Monday.
Moreno-Gama is charged in California state court with two counts of attempted murder and attempted arson. He tried to kill both Altman and a security guard at Altman’s residence, she alleged. Officials have not said whether Altman was home at the time, prosecutors said.
Jenkins said the state charges carry penalties ranging from 19 years to life in prison.
On Monday morning, FBI agents went to Moreno-Gama’s home in a Houston suburb where they spent several hours before leaving. He has also been charged by federal prosecutors with possession of an unregistered firearm and damage and destruction of property by means of explosives. Those charges carry respective penalties of up to 10 years and 20 years in prison.
“We will treat this as an act of domestic terrorism, and together with our partners, prosecute him to the fullest extent of the law,” U.S. Attorney Craig Missakian said when announcing the federal charges Monday.
MORE: SF home of OpenAI CEO Sam Altman struck by gunfire, days after Molotov cocktail attack: Police
The federal court documents do not list an attorney for Moreno-Gama, and he has not yet had his first appearance in federal court.
The document in which Moreno-Gama discussed his opposition to AI also made threats against Altman and executives at other AI companies, officials said.
“If I am going to advocate for others to kill and commit crimes, then I must lead by example and show that I am fully sincere in my message,” Moreno-Gama wrote, according to authorities.
Advocacy groups that have issued grave warnings about AI’s risks to society condemned the violence.
Anthony Aguirre, president and CEO of the Future of Life Institute, said in a written statement Friday that “violence and intimidation of any kind have no place in the conversation about the future of AI.”
Another group, PauseAI, said in a statement that the suspect had no role in the group but joined its forum on the social media platform Discord about two years ago and posted about 34 messages there, none containing explicit calls to violence but one that was flagged as “ambiguous.”
Discord said Monday that it has banned Moreno-Gama for “off-platform behavior.”
In a separate incident, two people have been arrested for allegedly firing shots at Altman’s house on Sunday morning, police said.
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