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Dominic Aguilar was arrested and charged with making a terrorist threat after he said on Facebook, “50 rounds to your dome moody [sic]” but Aguilar’s attorney Tai Bogan says the comment does not classify as a terrorist threat.

“It may have been offensive perhaps and unpopular amongst the police, but unpopular and offensive speech is what the first amendment was made to protect in the first place,” said Bogan.

The comment was directed at Manteca Police officer John Moody, who was recently relieved of all wrong doing after he shot Ernesto Duenez 11 times in 2011.

An investigation into the shooting says Duenez had a knife in his hand when he was getting out of the truck. The officer who fired was cleared by the San Joaquin District Attorney this week, the report stating the officer was justified in his use of lethal force.

The entire incident was caught on tape.

Since Dunez’s death, thousands have supported the his family leaving comments their Facebook page where Aguilar’s once was.

But family and friends can’t explain why Aguilar was targeted when they say others posted similar comments, if not worse.

“That video has two million or more views on the internet and there are thousands and thousands of comments of people angry about it. They are obviously trying to make an example out of Dominic and I’m here to make sure that doesn’t happen,” said Bogan.

Bogan took on Aguilar’s case pro bono and says he will fight to the very end.

Aguilar’s case has gained the support of the ACLU.

He is expected to appear in court on Feb. 8.

Ian McDonald contributed to his report.